RESOLUTION NO.
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL DENYING THE
APPEAL AND APPROVING A MITIGATED NEGATIVE DECLARATION
FOR AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE
METROPOLITAN BAKERSFIELD GENERAL PLAN FROM R -IA
(RESOURCE-INTENSIVE AGRICULTURE) TO LMR (LOW -MEDIUM
RESIDENTIAL), LOCATED NORTH OF MCCUTCEN ROAD AT
MOUNTAIN VISTA DRIVE (EXTENDED) (GPA 21-0424).
WHEREAS, McIntosh & Associates (applicant), on behalf of ORR Development 2, LLC (property owner), is requesting: (1) an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from R-IA (Resource – Intensive Agriculture) to LMR (Low -Medium Residential); (2) Cancellation of a Williamson Act Land Use Contract; and (3) Exclusion from the boundaries of an Agricultural Preserve , all on 28.91 acres; and
WHEREAS, it was determined that the Project would not have a significant effect on the environment; therefore, a Mitigated Negative Declaration was prepared 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 July 28, 2025, to August 27, 2025 , in accordance with CEQA; and
WHEREAS, the Planning Commission held a public hearing on September 18, 2025, and accepted public testimony both in support and opposition. Following deliberations, the Commission approved Resolution No. 47-25, which recommended that the City Council approve the Mitigated Negative Declaration for the Project; and WHEREAS, Lozeau Drury LLP, on behalf of Supporters Alliance For Environmental Responsibility (“SAFER”), filed an appeal with the City Clerk on September 29, 2025, on the Planning Commission recommendation to approve the project; and
WHEREAS, the Clerk of the City Council set Wednesday, November 19, 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, 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. The hearing notice regarding the Project was published in the Bakersfield Californian, a local newspaper of general circulation , on November 8, 2025, 10 days prior to the hearing .
Pursuant to BMC 17.64.050.B.4, if the number of owners exceeds one thousand, as is the case with this proposal, in lieu of mailed notice, notice may be provided by placing a display advertisement of at least one-eighth page in the newspaper ten days prior to the hearing. This notification process adheres to both city ordinance and state law.
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 the appropriate environmental document to accompany its approval as the Project will not 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. 47-25 are hereby adopted.
3. The Mitigated Negative Declaration for the Project is hereby adopted subject to the mitigation measures found in Exhibit A for the Project located on the map as shown in Exhibit B, both of which are incorporated herein.
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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 19th day of November 2025, by the following vote:
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:
VIRGINIA GENNARO
City Attorney
By:
VIRIDIANA GALLARDO-KING
Deputy City Attorney
Exhibit: A Mitigation Measures
B Location Map
AYES: COUNCILMEMBER: _Arias, Gonzales, Weir, Smith, Koman, Bashirtash, Kaur NOES: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER: