ORDINANCE NO. ______
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL
UPHOLDING THE APPEAL AND DENYING AN AMENDMENT
TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO
CHANGE THE ZONE CLASSIFICATION FROM C-2 (REGIONAL
COMMERCIAL) AND A (AGRICULTURAL) TO C-2 (REGIONAL
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, 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. 20-25, 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 approval of the amendment 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 deliberation, and action; and
WHEREAS, the Project is consistent with the Metropolitan Bakersfield General Plan.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED 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 Res olution No. 20-25 are hereby overturned.
3. 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, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
By __________________________
KAREN GOH
Mayor
VIRGINIA GENNARO, CITY ATTORNEY
City Attorney
By: ____________________________
VIRIDIANA GALLARDO-KING
Deputy City Attorney
Exhibits: A Legal Description
B Zone Change Map
BEING A PORTION OF LOT 2 OF LOT LINE ADJUSTMENT No. 120-05, RECORDED DECEMBER 11, 2006 AS INSTRUMENT No. 0206302742 OF OFFICIAL RECORDS. ALSO BEING PORTION OF THE WEST 1/2 OF LOT 30 OF SECTION 36, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, IN THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE KERN COUNTY SALES MAP No. 1 OF LANDS OF J.B.
HAGGIN FILED MAY 3, 1889, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO BEING LOCATED IN THE WEST 1/2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PROPOSED ZONING: REGIONAL COMMERCIAL
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36, SAID CORNER OF COMMENCEMENT BEING THE CENTERLINE OF THE INTERSECTION OF SOUTH "H" STREET AND TAFT HIGHWAY; THENCE NORTH 89°03'15" WEST ALONG THE CENTERLINE OF TAFT HIGHWAY PER RECORD OF SURVEY NO. 4207 BOOK 35, PAGE 57 OF OFFICIAL RECORDS, A DISTANCE OF 1651.68 FEET, TO THE SOUTHEAST CORNER OF LOT 30 OF SALES MAP No. 1 OF LANDS OF J.B. HAGGIN FILED MAY 3, 1889, IN THE OFFICE OF THE COUNTY RECORDER; THENCE CONTINUING NORTH 89°03'15" WEST ALONG THE CENTERLINE OF TAFT HIGHWAY PER SAID RECORD OF SURVEY NO. 4207, A DISTANCE OF 330.51 FEET TO THE SOUTH WEST CORNER OF LOT 2 OF LOT LINE ADJUSTMENT No. 120-05, RECORDED DECEMBER 11, 2006 AS INSTRUMENT No. 0206302742 OF OFFICIAL RECORDS; THENCE NORTH 00°00'01" EAST ALONG THE WEST LINE OF LOT 2 OF SAID LOT LINE ADJUSTMENT AS SHOWN ON SAID RECORD OF SURVEY NO. 4207, A DISTANCE OF 65.00 FEET TO THE NORTHERLY RIGHT-OF-WAY OF TAFT HIGHWAY PER QUITCLAIM DEED No. 22303081 RECORDED MARCH 15, 2023 AND THE POINT OF BEGINNING.
THENCE CONTINUING NORTH 00°36'47" EAST ALONG THE WEST LINE OF LOT 2 OF SAID LOT LINE ADJUSTMENT AS SHOWN ON SAID RECORD OF SURVEY NO. 4207, A DISTANCE OF 361.01 FEET, TO THE NORTH LINE OF LOT 2 OF SAID LOT LINE ADJUSTMENT;
THENCE SOUTH 89°03'15" EAST, ALONG THE NORTH LINE OF LOT 2 OF SAID LOT LINE ADJUSTMENT AS SHOWN ON SAID RECORD OF SURVEY NO. 4207, A DISTANCE OF 132.80 FEET; THENCE SOUTH 01°18'26" WEST A DISTANCE OF 361.01 FEET, TO THE NORTHERLY RIGHT-OF-WAY OF TAFT HIGHWAY PER SAID QUITCLAIM DEED No. 22303081;
THENCE NORTH 89°03'15" WEST, ALONG THE NORTHERLY RIGHT-OF-WAY OF TAFT PER SAID QUITCLAIM DEED No. 22303081, A DISTANCE OF 128.43 FEET TO THE POINT OF BEGINNING.
CO
NTAINING 1.08 ACRES, MORE OR LESS.
NOTE:
BEARINGS AND DISTANCES ARE PER RECORD OF SURVEY NO. 4207 BOOK 35, PAGE 57 OF OFFICIAL RECORDS.
3-14-24
EXHIBIT A
ZONE CHANGE LEGAL DESCRIPTION
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/dwelling unit
ER Estate R
esidential
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
To: C-2
COUNTY
CITY
COUNTY
CITY
GPA/ZC 24-0372
Land Use Change
From: SR
To: GC
EXHIBIT B