RESOLUTION NO.
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A
MITIGATED NEGATIVE DECLARATION FOR AN AMENDMENT TO THE
LAND USE MAP AND ZONE CHANGE, LOCATED AT 5525 AND 5543
BUENA VISTA ROAD (GPA/ZC NO. PP-CGPA-24-0001)
WHEREAS, KSI Engineering, Inc. (applicant), on behalf of APVJ, 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 OS- P (Parks); and (2) an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from A-20A (Agricultural – 20-acre minimum) to RE (Recreation) on 3.67 acres located at 5525 and 5543 Buena Vista Road in southwest Bakersfield (the “Project”); 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 December 5, 2025, to J anuary 5, 2026, in accordance with CEQA; and
WHEREAS, the Planning Commission held a public hearing on January 15 , 2026, and with no one wishing to speak in support or opposition, approved Resolution No. 03 - 26, which recommended that the City Council adopt a Mitigated Negative Declaration for the Project; and
WHEREAS, the Clerk of the City Council set Wednesday, March 11, 2026, 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, 20 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 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. 03-26 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.
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 11th day of March 2026, by the following vote:
AYES: COUNCILMEMBER: _Arias, Gonzales, Weir, Smith, Bashirtash, Koman, Kaur NOES: 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:
VIRGINIA GENNARO
City Attorney
By:
VIRIDIANA GALLARDO-KING
Deputy City Attorney
Exhibit: A Mitigation Measures
B Location Map
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EXHIBIT “A”
MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION GENERAL PLAN AMENDMENT/ZONE CHANGE NO. PP-CGPA-24-0001
Air Quality Impact Mitigation Measures:
AQ-1 During construction, exposed surfaces will be watered at least twice daily.
AQ-2 During construction, vehicle travel speeds will be limited on unpaved roads to 15 miles per hour or less.
Agriculture Resources Impact Mitigation Measures:
AG-1 To ensure compatibility between the proposed recreational facility and any existing or future agricultural operations in the surrounding area, the project applicant shall incorporate appropriate buffer and transitional design features into the site plan.
1. Vegetative-Landscape Buffers: Installation of tree-lined berms, hedgerows, or landscaped strips along shared boundaries to provide physical and visual separation, reduce noise and dust, and minimize potential pesticide drift from nearby agricultural uses. Drought -tolerant species should be utilized to reduce maintenance and water demand.
2. Farming Activities Disclosures: Record a covenant disclosing nearby agricultural activities are allowed by zoning.
Biological Resources Impact Mitigation Measures:
BIO-1 A biological resource pre -activity survey will be conducted by a qualified biologist no more than 30-days before the start of construction activities.
BIO-2 There will be b iological resource monitoring during each initial phase of ground disturbance.
BIO-3 Compliance reporting shall be provided to the required oversight agencies for all biological resource field surveys, monitoring, and additional tasks as warranted.
BIO-4 A Worker Environmental Awareness Program outlining special -status species that may access, use or otherwise transverse the project area will be implemented.
BIO-5 If known or natal SJKF dens are identified at any time during construction, protocols enumerated in the USFWS Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or d uring Ground 2 of 2
Disturbance (2011) sh all be implemented, and the appropriate agencies contacted for guidance.
BIO-6 Vertical sided trenching deeper than 2-feet will include escape ramps at no more than a 1:1 ratio every 100 feet.
BIO-7 Vertical sided holes that are not capable of being ramped shall be covered or otherwise secured to the greatest extent practicable.
BIO-8 Pipes, conduit and similar material 3 inches or greater in diameter sh all be capped to prevent wildlife from becoming inadvertently trapped in the piping.
BIO-9 If ground -disturbing activities are planned during the nesting season for migratory birds that may nest on or near the site (generally February 1 through August 31), nesting bird surveys are recommended prior to the commencement of ground disturbance for project activities. If nesting birds are present, no new construction or ground disturbance should occur within an appropriate avoidance area for that species until young have fledged, unless otherwise approved and monitored by a qualified onsite biologist.
Appropriate avoidance should be determined by a qualified biologist. In general, minimum avoidance zones for active nests should be implemented as follows:
1. Ground or low-shrub nesting non-raptors – 300 feet (91 meters),
2. Burrowing owl – as appropriate based on nest location, existing surrounding activity, and evaluation of owl behavior. Coordination with CDFW may be warranted,
3. Sensitive raptors (e.g., prairie falcon, golden eagle) – 0.5 miles (0.8 kilometers),
4. Other raptors – 500 feet (152 meters).
Cultural Resources Impact Mitigation Measures:
CUL-1 During construction, if cultural resources are encountered during construction or ground disturbance activities, all work shall immediately cease, and the area cordoned off until a qualified cultural resource specialist can evaluate the find and make recommendations. Project is subject to any recommendations of the qualified specialist.
CUL-2 During construction, if human remains are discovered, further ground disturbance shall be prohibited pursuant to California Health and Safety Code Section 7050.5. and Public Resources Code Sections 5097.94, 5097.98 and 5097.99.
Exhibit B