ADMINISTRATIVE REPORT
MEETING DATE: November 19, 2025 AGENDA CATEGORY: Hearings TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: November 14, 2025
SUBJECT: Public appeal hearing to consider Planning Commission’s approval of General Plan Amendment No. 21-0424,
Williamson Act Cancellation No. 25-0001, Exclusion from Agricultural Preserve No. 10, and its proposed mitigated negative declaration.
Next Gen Engineering Group Inc., representing ORR Development 2, LLC, is proposing a General Plan Amendment, Williamson Act Cancellation No. 25-0001, and Exclusion from Agricultural Preserve No. 10 on approximately 28.91 acres generally located on the north side of McCutchen Road at Mountain Vista Road. (Ward 5)
1. Resolution adopting a General Plan Amendment to change land use designation from R - IA (Resource – Intensive Agriculture) to LMR (Low-Medium Residential)
2. Resolution adopting the tentative Cancellation of a Williamson Act Land Use Contract and Exclusion of 28.91 acres from the boundaries of an Agricultural Preserve.
3. Resolution adopting a Mitigated Negative Declaration pursuant to the California Environmental Quality Act (CEQA).
Lozeau Drury LLP, on behalf of Supporters Alliance For Environmental Responsibility (“SAFER”), submitted the appeal to the Planning Commission's approval of the request.
RECOMMENDATION:
Staff recommends denying the appeal and upholding the Planning Commission’s recommendation.
BACKGROUND:
The project is a request to change the land use designation from R-IA (Resource – Intensive Agriculture) to LMR (Low -Medium Residential) intended for consistency wit h the existing residential zoning; Cancellation of the Williamson Act Contract will allow for the proposed residential development; and Exclusion of 28.91 acres from the boundaries of an Agriculture Preserve, releasing the property from development restrictions.
Project Summary
The proposed project seeks the above approvals to establish consistent land use and zoning designations within the project site and with surrounding residential areas. The General Plan Amendment (GPA) proposes to amend the Land Use Element of the Metropolitan Bakersfield General Plan from Resource - Intensive Agriculture (R-IA) to Low-Medium Density Residential (LMR), or a more restrictive designation, on approximately 28.91 acres located on the north side of McCutchen Road , an arterial street, between Buena Vista Road and Old River Road [APNs 541 -010-23 and -27]. The request also includes a tentative cancellation of the existing Williamson Act Land Use Contract and exclusion from the County of Kern administrative boundary of Agricultural Preserve No. 10.
The project proposes the development of 147 single -family residential lots (pending Vesting Tentative Tract Map No. 7410) with lot sizes ranging from 4,589 to 11,462 square feet and an average density of
8.64 dwelling units per net acre, consistent with the LMR designation. Mountain Vista Drive, a collector street, will be extended through the site to connect with McCutchen Road, improving local circulation.
Surrounding properties are characterized by single -family residential uses and undeveloped land. The project site consists of two contiguous, vacant parcels hist orically used for agriculture. All future development will be reviewed for compliance with municipal regulations and CEQA.
Site History
February 24, 1971 – Williamson Act Contract and agricultural preserve recorded, committing land for agricultural use. (Book 4491, Page 521)
January 23, 1998 – Parcel Map No. 10155 was recorded.
February 22, 2006 – Annexation No. 498 – Old River No. 3 was annexed to the City of Bakersfield to facilitate the “Old River Ranch Development” (ORRD). This project site was not part of the ORRD but was included as a portion of this annexation area to avoi d creating a county island (Resolution No. 053-06).
September 18, 2025 – Planning Commission voted unanimously in favor of the project as described above under “Subject”, and recommended approval to the City Council.
September 29, 2025 - Lozeau Drury LL P, on behalf of Supporters Alliance For Environmental Responsibility (“SAFER”), submitted the appeal to the Planning Commission's approval of the request.
Williamson Act Contract and Agricultural Preserve.
The Williamson Ac t, also known as the Californi a Land Conservation Act of 1965, has been the state’s premier agricultural land protection program , which preserves agricultural and open space lands by discouraging premature and unnecessary conversion to urban uses.
The project site is subject to a Willi amson Act Land Use Contract (WAC) recorded on February 28, 1969 (Document No. 12659). The property owner now requests cancellation of the WAC for the two parcels (project site) and the project site’s exclusion from Agricultural Preserve No. 10. In accordance with the
Williamson Act and described in the Planning Commission staff report, certain procedures must be followed and findings must be made in order to cancel a WAC. In accordance with the findings of Government Code 51282 c -1-2, the can cellation is in the public interest in that the cancellation will facilitate development of Mountain Vista Drive, a collector street to McCutchen Road, an arterial street which provides for vital connections in the City’s circulation system.
Approval of t he WAC cancellation and exclusion of the project site from the agricultural preserve facilitates the development of needed housing and construction of Mountain Vista Drive. As part of the WAC cancellation process, the cancellation is tentative until the pr operty owner pays the required cancellation fee to the County Treasurer, and the City Council accepts proof of the payment. The amount of the fee is determined by the County Assessor.
Environmental Review and Determination
In accordance with the California Environmental Quality Act (“CEQA”), Staff prepared an initial study to review the potential environmental impacts of the project. The Initial Study determined that compliance with recommended mitigation measures, local ordinances, state laws, and construction to the standards of the Uniform Building Codes will reduce impacts to a less- than- significant level. Therefore, a Mitigated Negative Declaration (“MND”) was prepared for this project in accordance with CEQA. The MND was circulated for a 30-day public and agency review period starting July 28, 2025, through August 27, 2025 (SCH No. 2025031371).
Comments Received. The following comments were received. The Planning Commission found the responses included in their staff report adequately addressed the comments listed below.
1. A letter from Janine McCoy, a resident of the River Crossings Community, expressed general support for growth but raised concerns about potential impacts on property values and requested to be notified of future hearings.
2. The U.S. Environmental Protection Agency’s Department of Toxic Substances Control (DTSC) provided comments focused on best practices and mitigation measures related to hazardous materials, which did not oppose the project.
3. The Department of Conservation, Division of Land Resource Protection, raised concerns regarding the conversion of farmland and recommended consideration of agricultural mitigation strategies.
4. Two letters dated August 27, 2025 and September 17 , 2025, were submitted by Lozeau | Drury LLP, on behalf of the Supporters Alliance for Environmental Responsibility (SAFER), opposed the use of an MND and asserted that an Environmental Impact Report (EIR) is required based on potential impacts related to farmland conversion, vehicle miles traveled, air quality, and hazards.
Public Notification
Public notice for the proposed project and environmental determination was advertised in The Bakersfield Californian on November 8, 2025 . All property owners within a 1000 -foot radius of the project site typically receive mailing notices of the public hearing. However, 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 (BMC 17.64.050.B.4). This notification process adheres to both city ordinance and state law.
Notice in accordance with Senate Bill (SB) 18 was also mailed to the Native American Tribes of the proposed project on March 10, 2025.
Planning Commission Action
The project was considered by Planning Commission on September 18, 2025 . A representative of Supporters Alliance For Environmental Responsibility (“SAFER”) was present and spoke in opposition to the project. Brandon Martim, legal counsel for the Applicant, was also present and spoke in support of the project at the hearing. After hearing testimonies from both representatives, the Planning Commission voted unanimously in favor of the project and recommended approval to the City Council.
The Planning Commission’s findings are contained in Resolution Nos. 47-25 and 48-25.
On September 29, 2025, an appeal to the Planning Commission’s decision to approve the project was filed by Lozeau Drury LLP on behalf of Supporters Alliance For Environmental Responsibility (“SAFER”).
The appeal states that the City failed to prepare an Environmental Impact report as required by the California Environmental Quality Act (CEQA), and on the project’s impact on local farmland conversion, vehicle miles traveled, air quality, and hazards . Pursuant to Bakersfield Municipal Code Section
17.64.090(A) and (B), the appeal was submitted in writing to the City Council within 10 calendar days after the Planning Commission decision. A decision of the City Council shall be final and conclusive.
In the final analysis, due to its overarching consistency with the General Plan and Zoning Ordinance and its consistency with land use goals and policies as contained in the General Plan related to residential development, as described above. Any future development proposed on the project site will be required to acquire approval of a tract map to ensure c onsistency with City development standards as put forth in the Zoning Ordinance. Staff has reviewed the proposal for compatibility with the applicable goals and policies contained within the Metropolitan Bakersfield General Plan Land Use Element.
City Council Options
The decision of the City Council shall be final and conclusive. City Council has the following option regarding this appeal request:
Deny the Appeal. If the City Council were to deny the appeal, the General Plan land use designation would be amended to LMR (Low Medium Density Residential); the Williamson Act Contract would be tentatively canceled; the 28.91 acres would be removed from Agricultural Preserve No. 10. The Mitigated Negative Declaration (“MND”) prepared for this project would also be approved.
Uphold the Appeal. If the City Council were to approve the appeal and overturn the Planning Commission's approval, the project site could not be developed as proposed and would retain its current condition.
Conclusion
Consistency with General Plan and Zoning Ordinance. The proposal is consistent with land use goals and policies as contained in the General Plan related to residential development, as described above. Any future development proposed on the project site will be required to undergo a Site Plan Review, ensuring consistency with City development standards as put forth in the Zoning Ordinance.
Overall Recommendation. The project has been found to be consistent with General Plan policies and City Zoning Ordi nance requirements. For these reasons, City staff and the Planning Commission recommend approval of General Plan Amendment No. 21 -0424, Williamson Act Cancellation No. 25-0001,
FISCAL IMPACT:
The action to deny the appeal and uphold the Planning Commiss ion action will not have an adverse impact on the General Fund. If this site develops to its full land use economic potential, it will have a positive impact on generating revenue for the City General Fund.
COUNCIL GOAL:
Community Character & Quality of Life
ATTACHMENTS:
1. Resolutions
a. Resolution adopting a Mitigated Negative Declaration. b. Resolution adopting a General Plan Amendment No. 21-0424 c. Resolution adopting the Tentative Cancellation of a Williamson Act Land Use Contract and Exclusion from an Agricultural Preserve.
2. Attachment A: Map Set
a. GPA/WAC Aerial
b. GPA/WAC Zone Classification
c. GPA/WAC General Plan Designation
3. Attachment B: Mitigated Negative Declaration with Attachments
4. Attachment C: Planning Commission Resolutions
a. Approved MND with Attachments
b. Approved GPA with Attachments
c. Approve WAC with Attachments
5. Attachment D: Planning Commission Staff Report
6. Attachment E: Studies
7. Attachment F: Appeal Letter Lozeau Drury, September 29, 2025, including Comment Letters, August 27, 2025, and September 17, 2025.