RESOLUTION NO.
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL UPHOLDING THE
APPEAL AND DENYING A MITIGATED NEGATIVE DECLARATION
FOR AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM GC
(GENERAL COMMERCIAL) AND SR (SUBURBAN RESIDENTIAL) TO
GC (GENERAL COMMERCIAL), GENERALLY LOCATED ON THE
NORTHWEST CORNER OF TAFT HIGHWAY AND MICHELE STREET
(GPA/ZC NO. 24-0372).
WHEREAS, LAV//Pinnacle Consulting & Engineering (applicant), on behalf of the Giminiani Fred Living Trust (property owner), is requesting: (1) an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from GC (General Commercial) and SR (Suburban Residential) to GC (General Commercial) on
0.37 acres; and (2) an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from C- 2 (Regional Commercial) and A (Agricultural) to C- 2 (Regional Commercial) on 1.19 acres within an existing 2.63 acre parcel generally located on the northwest corner of Taft Highway and Michele Street (the “Project”); and
WHEREAS, it was determined that the Project would have a significant effect on the environment; therefore, a Mitigated Negative Declaration was insufficient in accordance with the California Environmental Quality Act (CEQA); and
WHEREAS, the Initial Study/Mitigated Negative Declaration was circulated for a public review period from December 30, 2024, to January 28, 2025, in accordance with CEQA; and
WHEREAS, the Planning Commission held a public hearing on March 20, 2025 and accepted public testimony both in support and opposition. Following deliberations, the Commission approved Resolution No. 18-25, which recommended that the City Council approve the Project; and
WHEREAS, Lozeau Drury LLP, on behalf of Supporters Alliance For Environmental Responsibility (“SAFER”), filed an appeal with the City Clerk on March 28, 2025 on the planning Commission recommendation to approve the project; and
WHEREAS, the Clerk of the City Council set Wednesday, May 28, 2025 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 proposed Negative Declaration 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, the laws and regulations relating to the preparation and adoption of Mitigated Negative Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been duly followed by City staff and the Planning Commission; and
WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, and the Planning Commission’s deliberation, and action.
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. All required public notices have been given. Hearing notices regarding the 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, 10 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.
3. A Mitigated Negative Declaration for the Project is not the appropriate environmental document to accompany its approval as the Project will significantly impact the physical environment.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows:
1. The above recitals, incorporated herein, are true and correct.
2. The Planning Commission’s findings as contained in its Resolution No. 18-25 are hereby overturned.
3. The Mitigated Negative Declaration for the Project is hereby denied.
o0o
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on the 28th day of May 2025, by the following vote:
AYES: COUNCILMEMBER: _ Arias, Gonzales, Weir, Smith, Koman, Bashirtash, Kaur NOES: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
JULIE DRIMAKIS, CMC
CITY CLERK and Ex Officio Clerk
of the Council of the City of Bakersfield
APPROVED:
By
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
V
IRGINIA GENNARO
City Attorney
By:
VIRIDIANA GALLARDO-KING
Deputy City Attorney
Exhibit A: Location Map
10/22/2024
0 500 1,000
Feet
_
MICHELE ST
TAFT HWY
HC
GC
SR
SIGC
HC
HC
LI
GC
SR
General Plan Amendment/Zone Change
24 -0372
CITY OF BAKERSFIELD
COUNTY
CITY
Land Use
RR Rural Residential
2.5 gross acres/dw
elling unit
ER Estate Residential
1 dwelling unit/net acre
SR Suburban Residential
≤4 dwelling units/net acre
SR/LR
County: ≤ 4 dwelling units/net acre
City: ≤ 7.26 dwelling units/net acre
LR Low Density Residential
≤ 7.26 dwelling units/net acre
LMR Low Medium Density Residential
> 4 but ≤ 10 dwelling units/net acre
HMR High Medium Density Residential
>7.26 units but
≤17.42 dwelling units/net acre
HR High Density Residential
>17.42 units but
≤72.6 dwelling units/net acre
HC Highway Commercial
GC General Commercial
MC Major Commercial
OC Office Commercial
MUC Mixed Use Commercial
LI Light Industrial
SI Service Industrial
HI Heavy Industrial
P Public Facilities
PS Public/Private Schools
PT Public Transportation Corridors
P-SW Solid Waste Facilities
OS Open Space
OS-P Parks and Recreation
OS-S Slopes exceeding 30%
R-IA Resource -
Intensive Agriculture
20 acre minimum parcel size
R-EA Resource -
Extensive Agriculture
20 acre minimum parcel size
80 acre min (Williamson Act)
R-MP Resource -
Minerals & Petroleum
5 acre minimum parcel size
UER Urban Estate Residential
Western Rosedale Plan
0.5 acre net minimum parcel size
WM West Ming Specific Plan
COUNTY
CITY
GPA/ZC 24-0372
Zone Change
From: A
T
o: C-2
COUNTY
CITY
COUNTY
CITY
GPA/ZC 24-0372
Land Use Change
From: SR
To: GC
EXHIBIT A