RESOLUTION NO.
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL
DENYING THE APPEAL AND APPROVING THE TENTATIVE
CANCELLATION OF A LAND CONSERVATION CONTRACT
(WILLIAMSON ACT) AND EXCLUSION FROM
AGRICULTURAL PRESERVE 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 ON THE NORTH SIDE OF
MCCUTCHEN ROAD AT MOUNTAIN VISTA ROAD
[GOVERNMENT CODE 51282(a)(1)] (GPA 21-0424).
WHEREAS, McIntosh & Associates (applicant), on behalf of O RR 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) C ancellation of a Williamson Act Land Use Contract; and (3) Exclusion from the County of Kern administrative boundary of Agricultural Preserve No. 10, all on 28.91 acres; and
WHEREAS, the City Council of the City of Bakersfield in accordance with the provisions of Sections 51232, 51233, and 51284 of the Government Code, did set, WEDNESDAY, November 19, 2025, at the hour of 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 said City Council on said application. Notice of the time and place of hearing was given at least ten (10) calendar days before said hearing by publication in The Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, Lozeau Drury LLP, on behalf of Supporters Alliance for Environmental Responsibility (“SAFER”), submitted a comment letter prior to the scheduled hearing on November 19, 2025. The project was referred back to staff to allow Staff and the applicant sufficient time to review and respond to the comments received; 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 subject parcel was originally entered into a Land Use Agreement with the County of Kern pursuant to the California Land Conservation Act of 1965 (Government Code Title 5, Division 1, Part 1, Chapter 7, Section 51200 et seq.) commonly known as the “Williamson Act”, on February 24, 1971, as shown in Book 4491, Pages 520 of the Office of the Kern County Recorder;
WHEREAS, the subject parcel was annexed into the City of Bakersfield on February 22, 2006, as Old River No. 3 (Annexation No. 498) , joined to the annexation to facilitate the “Old River Ranch Development” (ORRD). The Kern County Land A gency Formation
Commission (LAFCo) required th e subject outparcel to be included in the annexation area to avoid creating a county island (Resolution No. 053-06).
WHEREAS, Williamson Act Land Use Contract Cancellation of 28.91 acres and the exclusion of same acres from the boundaries of Kern County Agricultural Preserve No. 10 is described as follows:
Williamson Act Contract Cancellation:
McIntosh and Associates (applicant), on behalf of O RR Development 2, LLC (property owner), has applied for the cancellation of a Williamson Act Land Use Contract for the 28.91 acre within Kern County Agricultural Preserve No. 10 located on the north side of McCutchen Road at Mou ntain Vista Road in Southwest Bakersfield, in the City of Bakersfield, County of Kern, State of California (APN 541- 010-23 and 541-010-27); and
Exclusion of 28.91 Acres from Agricultural Preserve No. 10:
McIntosh and Associates (applicant), on behalf of ORR Development 2, LLC (property owner), has applied for the exclusion of 28.91 acres from the boundaries of Kern County Agricultural Preserve No. 10 located on the north side of McCutchen Road at Mountain Vista Road in Southwest Bakersfield, in the City of Bakersfield, County of Kern, State of California (APN 541 -010-23 and 541-010-27); and
WHEREAS, the requested cancellation covers portions of the northeast quarter of Section 123, Township 30 South, Range 27 East, Mount Diablo Base and Meridian, as described in Exhibit “A”, and shown generally in Exhibit “B”; and
WHEREAS, the project site contains approximately 28.91 acres; and
WHEREAS, the subject site is also part of a General Plan Amendment (GPA 21- 0424) to allow the development of urban uses on the site; and
WHEREAS, the applicant for the property owner has indicated the purpose of the request is to develop single-family residences within the City of Bakersfield limits; and
WHEREAS, the property lies within a path of development with approved urban development projects in progress; and
WHEREAS, said urban development projects, as well as local government agency efforts, have extended supporting utilities and infrastructure adjacent to the property; and
WHEREAS, the cancellation is for land on which a notice of nonrenewal has not been served based on the public interest findings; and
WHEREAS, the cancellation is not likely to result in the removal of adjacent contracted lands from agricultural use, since there is no evidence in the record to suggest that this project will be precedent-setting, and no comments were received to indicate there might be other lands removed from Contract, with remaining cultivated properties
being unaffected; and
WHEREAS, the cancellation is for an alternative use which is consistent with the Metropolitan Bakersfield General Plan, subject to prior approval of General Plan Amendment No. 21-0424; and
WHEREAS, the cancellation will not result in discontinuous patterns of urban development since adjacent lands in the City of Bakersfield are developed or approved for urban development , and the property lies within the path of rapid urban development and between two approved urban projects; and
WHEREAS, there is no proximate noncontracted land which is both available and suitable for the use to which it is proposed, or that development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted lands. The project is located between approved urban projects and will result in a more contiguous pattern o f urban development than other, noncontracted lands farther from existing urbanized lands; and
WHEREAS, it was determined that the Project would not have a significant effect on the environment; therefore, a Mitigated Negative Declaration was prepared and adopted in accordance with the California Environmental Quality Act (CEQA); and
WHEREAS, pursuant to Government Code Section 51283, the Kern County Assessor will determine the full market value of the land with respect to which the cancellation is requested, as though it was free of the contractual restriction, and will certify to this Council the fair market value and the amount of the cancellation to be paid prior to final approval of the cancellation of the contract; and
WHEREAS, prior to any further consideration for development entitlements or approvals on the property, payment of the Williamson Act Contract cancellation fee shall be made to the Kern County Treasurer in accordance with State, and
WHEREAS, upon the property owner paying the cancellation fee to the Kern County Treasurer, the landowner is to notify the Planning Department , satisfying any contingencies in the Certificate of Tentative Cancellation have been satisfied to including a copy of proof of payment of said cancellation fee, and
WHEREAS, within 30 days of such notice, the Planning Department shall execute a Certificate of (Final) Cancellation and present it by Resolution to the City Council at the next available meeting, and
WHEREAS, if the Resolution is approved by the City Council, the City Clerk shall have the Certificate of (Final) Cancellation recorded with the Kern County Recorder, and
WHEREAS, the Planning Department shall petition the Kern County Planning Department to modify the County’s Agricultural Preserve Map boundaries to execute the subject property from the Agricultural Preserve Map No. 10 boundaries, and
WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the administrative report, and the Planning Commission’s
deliberation, and action, and
WHEREAS, the facts presented in the administrative report and evidence received both in writing and by verbal testimony at the above referenced public hearing support the following findings:
1. That other public concerns substantially outweigh the objectives of this chapter.
1.1 The cancellation of the Williamson Act Contract is in the public interest and outweighs the objectives of this chapter as the cancellation will allow for the development of needed road right-of-way which will provide for health and safety improvements.
2. That there is no proximate noncontracted land which is both available and suitable for the use to which it is proposed the contracted land be put or, that the development of the contracted land would provide more contiguous patterns of urban development than development of proximat e noncontracted land.
2.1 The proposed use of the contracted land to residential use will provide a contiguous pattern to the existing residential urban development which is immediately adjacent to the subject contracted property.
3. 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 notificatio n process adheres to both city ordinance and state law.
4. The provisions of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been followed.
5. A adopted 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.
6. Based on the initial study and comments received, staff has determined that the proposed project would not have a significant effect on the environment.
7. The infrastructure exists or can easily be provided to accommodate the types and intensities of the proposed development.
8. The public necessity, general welfare and good zoning practice justify the recommended cancellation of the Land Conservation Contract on the
28.91 acres, located on the north side of McCutchen Road and at Mountain Vista Road.
9. The project site, with approval under General Plan Amendment No. 21- 0424, will be designated L MR (Low Medium Residential) under the Metropolitan Bakersfield General Plan Land Use Plan.
10. The recommended cancellation is compatible with the surrounding uses.
11. The recommended tentative cancellation is consistent with the Metropolitan Bakersfield General Plan, subject to prior approval of General Plan Amendment No. 21-0424.
12. That the tentative cancellation is consistent with the purposes of Title 5, Division 1, Part 1, Chapter 7 (the California Land Conservation Act of 1965 or the Williamson Act) of the Government Code.
NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED as follows:
1. The above recitals, incorporated herein, are true and correct.
2. The Mitigated Negative Declaration for the cancellation of a Land Conservation Contract (Williamson Act) and exclusion from the Agricultural Preserve has been approved and adopted.
3. That the City Council has, pursuant to Section 51282 of the Government Code, made the required findings to tentatively approve the cancellation of the Williamson Act Land Use Contract.
4. The Williamson Act Land Use Contract cancellation and exclusion of the project site from Kern County Agricultural Preserve No. 10 will occur when said property cancellation fee has been paid to the Kern County Assessor., and the City Council adopts a resolution approving the Certificate of (Final) Cancellation.
5. The City Council hereby tentatively approves and adopts the tentative cancellation of the Williamson Act Land Use Contract on 28.91 acres and exclusion of the subject property from Kern County Agricultural Preserve Map No. 10, subject to prior approval for the project of General Plan Amendment No. 21-0424.
6. The tentative cancellation of the Land Conservation Contract (Williamson Act) and exclusion from the Agricultural Preserve , as outlined above, is hereby approved, subject to prior approval of General Plan Amendment No. 21-0424, and payment of the cancellation fees.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on the 1 1th day of March 2026, 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:
VIRGINIA GENNARO
City Attorney
By:
VIRIDIANA GALLARDO-KING
Deputy City Attorney
Exhibits (attached):
Exhibit A: Original Williamson Act Contract
Exhibit B: Location Map and legal descriptions
Exhibit C: Certificate of Tentative Cancellation
Exhibit A
Exhibit B
EXHIBIT "A"
WILLIAMSON ACT CANCELLATION
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL 2 OF PARCEL MAP NO. 10155, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA AS PER MAP RECORDED JANUARY 23, 1998 IN BOOK 49, PAGES 82 AND 83 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
CONTAINING MORE OR LESS 28.91 AC. GROSS
nMclNTOSHII & AssociATES
NEW GEN ENGINEERING GROUP
10800 Stockdale Hwy, Ste. 103 • Bakersfield, CA 93311
661-834-4814 • 661-834-0972
P:\PROJECTS\15008.07-MOLATORE\Legals\Legal Desc WAC.docx Exhibit B
Re
cording requested by
and for the benefit of the
CITY OF BAKERSFIELD
WHE
N RECORDED MAIL TO:
CIT
Y OF BAKERSFIELD
CITY CLERK
1501 TRUXTUN AVENUE
BAKERSFIELD CA 93301
CE
RTIFICATE OF TENTATIVE CANCELLATION
WITH RESPECT TO LAND UNDER CONTRACTUAL RESTRICTIONS
(LAND CONSERVATION ACT OF 1965)
NOT
ICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN:
1. The
City Council of the City of Bakersfield has given tentative approval of the petition of _________________ for _______________ for cancellation of contractual restrictions contained in a contract which a notice of nonrenewal has been served pursuant to Section 51245 of the Government Code, said notice was recorded on ______________, as Document No. _______________ in the office of the Kern County Recorder, as to the land hereinafter more fully described, entered into under the Land Conservation Act of 1965, and which land is located in Agricultural Preserve No. __ in the County of Kern, after public hearing duly noticed and held.
2. The
name of the owner of the land herein mentioned, at the time of cancellation was _____________________.
3. The
amount of the cancellation fee determined by said City Council to be paid as deferred taxes upon such cancellation, in accordance with paragraph (b) of Section 51283 of the Government Code, and certified by said Council as being due pursuant to said Ac t, is the sum of $____________.00 for the ___ gross acre site and that the recently announced Kern County assessment portion is 100% of the cancellation fee.
Exhibit C
4. Pursuant to the provisions of Government Code Section 51283.4, the Council has established the following conditions and contingencies, and has declared that a Certificate of Cancellation of said contract with respect to said parcel of land will be issued a nd recorded within thirty (30) days after being notified by the landowner that each and all of said conditions and contingencies is satisfied:
(a) Payment in full of the cancellation fee hereinabove mentioned; and
(b) Unless said cancellation fee is fully paid, or a Certificate of Cancellation is issued, within one year from the date of recordation of the Certificate of Tentative Cancellation, such fee shall be recomputed as of the date the landowner notifies this City Council that he/she has satisfied the conditions and contingencies, as provided in subdivision (b) of Government Code Section 51283.4, and the landowner shall pay any additional fee arising from such recomputation as a further condition to issuance of a Certificate of Cancellation; provided, however, that the landowner shall not be entitled to refund of any cancellation fee previously paid even if the recomputed fee is less; and
(c) Landowner shall obtain all permits, if any, necessary to commence the project of the proposed alternative use, and
(d) Landowner shall satisfy all conditions of approval as stated in the attached Council Resolution No. ______ as Exhibit “B”.
5. Pursuant to subdivision (c) of Government Code Section 51283.4, if land owner has been unable to satisfy the foregoing conditions or contingencies, he shall notify this City Council of the particular conditions or contingences he is unable to satisfy; within thirty (30) days after receipt of such notice, and upon a determination by this that the landowner is unable to satisfy the foregoing conditions or contingencies this Council shall execute a Certificate of Withdrawal of said tentative approval of the cancellation of contract and cause the same to be recorded; however, the landowner shall not be entitled to the refund of any cancellation fee previously paid.
6. The real property to which the foregoing tentative cancellation proceedings applies is situated in the City of Bakersfield, State of California, and is described in Exhibit “A” attached hereto and made a part hereof by this reference.
Dated this day of , 20XX, by order of the City Council of the City of Bakersfield.
XX
Principal Planner
AK S:\03_Advance Planning\01_GPAs\01_Active\2021\21-0424_McCutchen Rd and Old River Rd\09_Last Steps\Tentative Cancelation_City Council.docx
EXHIBIT A
EXHIBIT B