PLANNING
COMMISSION
RESOLUTIONS
RESOLUTION NO. 47-25
RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL ADOPT RESOLUTION
ADOPTING A MITIGATED NEGATIVE DECLARATION PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RELATED
TO PROPOSED GENERAL PLAN AMENDMENT NO. 21-0424;
CANCELLATION A WILLIAMSON ACT LAND USE CONTRACT;
AND EXCLUSION FROM AN AGRICULTURAL PRESERVE ON 28.91
ACRES LOCATED NORTH OF MCCUTCHEN ROAD AT MOUNTAIN
VISTA DRIVE (EXTENDED).
WHEREAS, McIntosh & Associates is requesting: ( 1) General Plan Amendment to change the land use 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 on 28.91-acres; (3) Exclusion of 28.91 acres from the boundaries of an Agricultural Preserve; and (4) A Mitigated Negative Declaration will also be considered. (Ward 5)
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 Secretary of the Planning Commission set Thursday, September 18, 2025 at 5:30 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 Planning Commission to consider the proposed Mitigated Negative Declaration and Project as required by Government Code Section 65353, and notice of the public hearing was given· in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, the Commission accepted public testimony both in support and opposition.
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, the City of Bakersfield Development Services Department ( 1715 Chester A venue, Bakersfield, California) is the custodian of all documents and other materials upon which the environmental determination is based; and 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, 30 days prior to the hearing.
2. The prov1s1ons 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 Planning Commission as follows:
1. The above recitals, incorporated herein, are true and correct.
2. The Mitigated Negative Declaration is hereby recommended for adoption by the City Council.
3. The project is subject to mitigation measures found in Exhibit A for the Project located on the map as shown in Exhibit B, both of which are incorporated herein.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting thereof held on September 18, 2025, on a motion by Vice-Chair Bittle and seconded by Commissioner Martin, by the following vote:
AYES: Bittle, Brandt Oliver, Cater, Kaur, Martin, Neal, Strickland ABSENT: None
Exhibits (attached):
Exhibit A: Mitigation Measures
Exhibit B: Location Map
APPROVED± ..
~=~ -h>C A~LAND, CHAIR
City of Bakersfield Planning Commission
Exhibit A
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BAKERSFIELD
Tl-£ SOUND OF £-,dJ,fNJ '8,<(,, NEGATIVE DECLARATION
The City of Bakersfield Development Services Department, Planning Division, has completed an initial study (attached) of the possible environmental effects of the following-described project and has determined that a Negative Declaration is appropriate . It has been found that the proposed project , as described and proposed to be mitigated (if required), will not have a significant effect on the environment. This determination has been made according to the California Environmental Quality Act (CEQA), the State CEQA Guidelines , and the City of Bakersfield's CEQA Implementation Procedures .
PROJECT NO. (or Title): General Plan Amendment No. 21-0424/Williamson Act Cancellation 25-0001 COMMENT PERIOD BEGINS: July 28, 2025
COMMENT PERIOD ENDS: August 27, 2025
MITIGATION MEASURES (included in the proposed project to avoid potentially significant effects, if required):
Air Quality Impact Mitigation Measures:
l. Prior to grading plan approval , the applicant/developer shall submit documentation to the Planning Division that they are compliant with air quality control measures and rules required by the San Joaquin Valley Air Pollution Control District. The documentation shall specify that the Project has complied with the SJVAPCD's Indirect Source Rule (Rule 9510).
Biological Resources Impact Mitigation Measures:
2. Prior to ground disturbance, the applicant/developer shall consult and comply with the California Department of Fish and Wildlife (CDFW) and United States Fish and Wildlife Service requirements related to listed plant and animal species protected under the Federal Endangered Species Act (FESA) and the California Endangered Species Act (CESA)
3. Prior to ground disturbance , a focused survey for burrowing owl shall be submitted to the California Department of Fish and Wildlife (CDFW) and Planning Division by the applicant/deve loper. The survey shall follow the methodology developed by the California Burrowing Owl Consortium (CBOC 1993).
If the survey results identify the presence of burrowing owl nests, prior to grading (including staging, clearing , and grubbing), surveys for active nests shall be conducted by a qualified wildlife biologist no more than 30 days prior to the start of any ground disturbance and in a sufficient area around the work site to identify any nests that are present and to determine their status. A sufficient area means any nest within an area that could potentially be affected directly and/or indirectly by the project. In addition to direct impacts, such as nest destruction , nests might be affected by noise, vibration , odors, and movement of workers or equipment. If the Project applicant identifies active nests, CDFW shall be notified and recommended protocols for mitigation shall be followed, and a copy of the mitigation protoco ls shall be submitted to Planning Division.
S:\03_A dvance Planning\01 _GPAs\01 _Aclive\2021 \21-0 424_McCutchen Rd and Old River Rd\04_CEOA \GPA 21-0424_WAC 25-0001 MNO_l.21 .25.docx Page 1 Of 3 If any ground disturbing activities occur during the burrowing owl nesting season (approximately February 1 through August 31), and potential burrowing owl burrows are present within the project footprint, avoidance measures shall be implemented. In the event that burrowing owls are found, the applicant/developer shall follow CDi=W protocol for mitigation and comply with the provisions of the Migratory Bird Treaty Act.
4. The biological resource evaluation performed by Pruett Biological Resource Consulting 2024 requires mitigation measures for the Western Mastiff Bat roost detected in trees as follows:
a. A biological resource pre-activity survey conducted by a qualified biologist no more 30-days before the start of construction activities.
b. Biological resource monitoring during each initial phase of ground disturbance. c. Compliance reporting provided to the required oversight agencies for all biological resource field surveys, monitoring, and additional tasks as warranted. d. A Worker Environmental Awareness Program outlining special-status species that may access, use or otherwise transverse the project area will be implemented, e. 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 During Ground Disturbance (2011) should be implemented, and the appropriate agencies contacted for guidance.
f. Vertical sided trenching deeper than 2-feet will include escape ramps at no more than a 1 :1 ratio every 100 feet.
g. Vertical sided holes that are not capable of being ramped should be covered or otherwise secured to the greatest extent practicable.
h. Pipes, conduit and similar material 3 inches or greater should be capped to prevent wildlife from becoming inadvertently trapped in the piping.
Cultural Resources Impact Mitigation Measures:
5. Prior to construction and as needed throughout the construction period, a construction worker cultural awareness training program shall be provided to all new construction workers within one week of employment at the project site. The training shall be prepared and conducted by a qualified cultural resources specialist.
6. During construction, if cultural resources are encountered during construction or ground disturbance activities, all work within 50 feet of the find shall immediately cease and the area cordoned off until a qualified cultural resource specialist that meets the Secretary of the Interior's Professional Qualification Standards can evaluate the find and make recommendations. If the specialist determines that the discovery represents a potentially significant cultural resource, additional investigations may be required. These additional studies may include avoidance, testing, and excavation. All reports, correspondence, and determinations regarding the discovery shall be submitted to the California Historical Resources Information System's Southern San Joaquin Valley Information Center at California State University Bakersfield.
7. During construction, if human remains are discovered, further ground disturbance shall be prohibited pursuant to California Health and Safety Code Section 7050.5. The specific protocol, guidelines, and channels of communication outlined by the Native American Heritage Commission, in accordance with Health and Safety Code Section 7050.5, Public Resources Code 5097.97, and Senate Bill 447 shall be followed. In the event of the discovery of human remains, at the direction of the county coroner, Health and Safety Code Section 7050.5(c) shall guide Native American consultation.
S:\03_Advance Planning\0I_GPAs\01 _Active\2021\2 l-0424_McCutchen Rd and Old River Rd\04_CEQA \GPA 2 l-0424_WAC 25-0001 MND_l.21.25.docx Page 2 of3 Paleontological Resources Mitigation Measures:
8. During construction, if paleontological resources are encountered during construction or ground disturbance activities, all work within 50 feet of the find shall immediately cease and the area cordoned off until a qualified paleontological resource specialist can evaluate the find and make recommendations. If the specialist determines that the discovery represents a potentially significant paleontological resource, additional investigations may be required. These additional studies may include fossil salvage. Ground disturbance in the vicinity of the discovery site (within 50 feet) shall not resume until the resource-appropriate measures are implemented or the materials are determined to be less than significant.
Traffic Impact Mitigation Measures:
9. All residential dwellings shall be Electric vehicle (EV) capable by installing a dedicated circuit within the service panel and provide a receptacle or blank cover labeled as "EV READY." Applicant will also construct on-site pedestrian and bicycle infrastructure along Mccutchen Road extending to the west tract boundary, ensuring no gaps in the infrastructure. This will facilitate future off-site improvements, constructed by others, that will provide access to Buena Vista Elementary School and the existing Class II Bike Lane along Buena Vista Road. Furthermore, the project will also include construction of off-site pedestrian and bicycle infrastructure along Mccutchen Road to the east. This will close the existing gap between the project, Independence High School, the Career and Technical Education Center, and the existing Class II Bike Lane along Old River Road.
10. Prior to or concurrently with the issuance of building permits, the project applicant shall provide proof to the Planning Division of the project's participation in the Regional Transportation Impact Fee Program as well as payment of the adopted fees in place for the land use type at the time of development.
Agricultural Mitigation Measures:
11. Prior to the recordation of the final map, the applicant/property owner shall remit the required Williamson Act cancellation fee to the California Department of Conservation. Documentation confirming payment of the cancellation fee, calculated as 12.5 percent of the land's fair market value as determined by the Kern County Assessor, shall be submitted to the Planning Division. No grading, construction, or ground disturbance shall occur until confirmation of fee payment has been received by the Planning Division.
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RESOLUTION NO.48-25
RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL
PLAN AMENDMENT NO. 21-0424 TO CHANGE THE LAND USE
DESIGNATION FROM R-IA (RESOURCE - INTENSIVE
AGRICULTURE) TO LMR (LOW-MEDIUM RESIDENTIAL) ON 28.91-
ACRES LOCATED NORTH OF MCCUTCHEN ROAD AT MOUNTAIN
VISTA DRIVE (EXTENDED).
WHEREAS, McIntosh & Associates is requesting: ( 1) General Plan Amendment to change the land use 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 on 28.91-acres; (3) Exclusion of 28.91 acres from the boundaries of an Agricultural Preserve; and (4) A Mitigated Negative Declaration will also be considered. [Ward 5)
WHEREAS, adoption of a Mitigated Negative Declaration for the Project has been recommended; and
WHEREAS, the Secretary of the Planning Commission set Thursday, September 18, 2025 at 5:30 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 Planning Commission to consider the proposed Mitigated Negative Declaration and Project as required by Government Code Section 65353, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, the Commission accepted public testimony both in support and opposition.
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 proposed 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, 30 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 and an initial study was completed.
3. The public necessity, general welfare, and good planning practices justify the Project.
4. The Project is compatible with the land use designations and development of surrounding properties and is internally consistent with the Metropolitan Bakersfield General Plan.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield Planning Commission as follows:
1. The above recitals, incorporated herein, are true and correct.
2. The Project is hereby recommended for approval by the City Council subject to the conditions of approval in Exhibit A and located on the map as shown in Exhibit B, both of which are incorporated herein.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting thereof held on September 18, 2025, on a motion by Vice-Chair Bittle and seconded Commissioner Martin, by the following vote.
AYES: Bittle, Brandt Oliver, Cater, Kaur, Martin, Neal, Strickland ABSENT: None
Exhibits (attached):
Exhibit A: Mitigation Measures
Exhibit B: Location Map
APPROVED
ADAM STRICKLAND, CHAIR
City of Bakersfield Planning Commission
Exhibit A
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BAKERSFIELD
THE SOUND OF &"'1d/41,,,f '8e,/e, NEGATIVE DECLARATION
The City of Bakersfield Development Services Department, Planning Division, has completed an initial study (attached) of the possible environmental effects of the following-described project and has determined that a Negative Declaration is appropriate. It has been found that the proposed project, as described and proposed to be mitigated (if required), will not have a significant effect on the environment . This determination has been made according to the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City of Bakersfield's CEQA Implementation Procedures.
PROJECT NO. (or Title): General Plan Amendment No. 21 -0424/Williamson Act Cancellation 25-0001 COMMENT PERIOD BEGINS: July 28, 2025
COMMENT PERIOD ENDS: August 27, 2025
MITIGATION MEASURES (included in the proposed project to ovoid potentially significant effects, if required):
Air Quality Impact Mitigation Measures:
l. Prior to grading plan approval, the applicant/developer shall submit documentation to the Planning Division that they are compliant with air quality control measures and rules required by the San Joaquin Valley Air Pollution Control District. The documentation shall specify that the Project has complied with the SJVAPCD's Indirect Source Rule (Rule 9510).
Biological Resources Impact Mitigation Measures:
2. Prior to ground disturbance, the applicant/developer shall consult and comply with the California Department of Fish and Wildlife (CDFW) and United States Fish and Wildlife Service requirements related to listed plant and animal species protected under the Federal Endangered Species Act (FESA) and the California Endangered Species Act (CESA)
3. Prior to ground disturbance, a focused survey for burrowing owl shall be submitted to the California Department of Fish and Wildlife (CDFW) and Planning Division by the applicant/developer. The survey shall follow the methodology developed by the California Burrowing Owl Consortium (CBOC 1993).
If the survey results identify the presence of burrowing owl nests, prior to grading (including staging , clearing, and grubbing), surveys for active nests shall be conducted by a qualified wildlife biologist no more than 30 days prior to the start of any ground disturbance and in a sufficient area around the work site to identify any nests that are present and to determine their status. A sufficient area means any nest within an area that could potentially be affected directly and/or indirectly by the project. In addition to direct impacts , such as nest destruction, nests might be affected by noise, vibration, odors, and movement of workers or equipment . If the Project applicant identifies active nests, CDFW shall be notified and recommended protocols for mitigation shall be followed, and a copy of the mitigation protocols shall be submitted to Planning Division.
S:\03_Ad vance Plonning\01 _GPAs\01 _Active\2021\21-0424_McCutchen Rd and Old River Rd\04_CEQA \GPA 21-0424_WAC 25-000 I MND_7.2 I .25.docx Page 1 of3 If any ground disturbing activities occur during the burrowing owl nesting season (approximately February l through August 31 ), and potential burrowing owl burrows are present within the project footprint, avoidance measures shall be implemented. In the event that burrowing owls are found, the applicant/developer shall follow CDFW protocol for mitigation and comply with the provisions of the Migratory Bird Treaty Act.
4. The biological resource evaluation performed by Pruett Biological Resource Consulting 2024 requires mitigation measures for the Western Mastiff Bat roost detected in trees as follows:
a. A biological resource pre-activity survey conducted by a qualified biologist no more 30-days before the start of construction activities.
b. Biological resource monitoring during each initial phase of ground disturbance. c. Compliance reporting provided to the required oversight agencies for all biological resource field surveys, monitoring, and additional tasks as warranted. d. A Worker Environmental Awareness Program outlining special-status species that may access, use or otherwise transverse the project area will be implemented, e. 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 During Ground Disturbance (2011) should be implemented, and the appropriate agencies contacted for guidance.
f. Vertical sided trenching deeper than 2-feet will include escape ramps at no more than a 1 :1 ratio every l 00 feet.
g. Vertical sided holes that are not capable of being ramped should be covered or otherwise secured to the greatest extent practicable.
h. Pipes, conduit and similar material 3 inches or greater should be capped to prevent wildlife from becoming inadvertently trapped in the piping.
Cultural Resources Impact Mitigation Measures:
5. Prior to construction and as needed throughout the construction period, a construction worker cultural awareness training program shall be provided to all new construction workers within one week of employment at the project site. The training shall be prepared and conducted by a qualified cultural resources specialist.
6. During construction, if cultural resources are encountered during construction or ground disturbance activities, all work within 50 feet of the find shall immediately cease and the area cordoned off until a qualified cultural resource specialist that meets the Secretary of the Interior's Professional Qualification Standards can evaluate the find and make recommendations. If the specialist determines that the discovery represents a potentially significant cultural resource, additional investigations may be required. These additional studies may include avoidance, testing, and excavation. All reports, correspondence, and determinations regarding the discovery shall be submitted to the California Historical Resources Information System's Southern San Joaquin Valley Information Center at California State University Bakersfield.
7. During construction, if human remains are discovered, further ground disturbance shall be prohibited pursuant to California Health and Safety Code Section 7050.5. The specific protocol, guidelines, and channels of communication outlined by the Native American Heritage Commission, in accordance with Health and Safety Code Section 7050.5, Public Resources Code 5097.97, and Senate Bill 447 shall be followed. In the event of the discovery of human remains, at the direction of the county coroner, Health and Safety Code Section 7050.5(c) shall guide Native American consultation.
S:\03_Advance P/onning\0I_GPAs\01 _Active\2021\21-0424_McCutchen Rd and Old River Rd\04_CEQA\GPA 21-0424_WAC 25-0001 MNDJ.21.25.docx Page2of3 Paleontological Resources Mitigation Measures:
8. During construction, if paleontological resources are encountered during construction or ground disturbance activities, all work within 50 feet of the find shall immediately cease and the area cordoned off until a qualified paleontological resource specialist can evaluate the find and make recommendations. If the specialist determines that the discovery represents a potentially significant paleontological resource, additional investigations may be required. These additional studies may include fossil salvage. Ground disturbance in the vicinity of the discovery site (within 50 feet) shall not resume until the resource-appropriate measures are implemented or the materials are determined to be less than significant.
Traffic Impact Mitigation Measures:
9. All residential dwellings shall be Electric vehicle (EV) capable by installing a dedicated circuit within the service panel and provide a receptacle or blank cover labeled as "EV READY." Applicant will also construct on-site pedestrian and bicycle infrastructure along Mccutchen Road extending to the west tract boundary, ensuring no gaps in the infrastructure. This will facilitate future off-site improvements, constructed by others, that will provide access to Buena Vista Elementary School and the existing Class II Bike Lane along Buena Vista Road. Furthermore, the project will also include construction of off-site pedestrian and bicycle infrastructure along Mccutchen Road to the east. This will close the existing gap between the project, Independence High School, the Career and Technical Education Center, and the existing Class II Bike Lane along Old River Road.
l 0. Prior to or concurrently with the issuance of building permits, the project applicant shall provide proof to the Planning Division of the project's participation in the Regional Transportation Impact Fee Program as well as payment of the adopted fees in place for the land use type at the time of development.
Agricultural Mitigation Measures:
11 . Prior to the recordation of the final map, the applicant/property owner shall remit the required Williamson Act cancellation fee to the California Department of Conservation. Documentation confirming payment of the cancellation fee, calculated as 12.5 percent of the land's fair market value as determined by the Kern County Assessor, shall be submitted to the Planning Division. No grading, construction, or ground disturbance shall occur until confirmation of fee payment has been received by the Planning Division.
S:\03_Advance Planning\0I_GPAs\0l_Active\2021\21--0424_McCutchen Rd and Old River Rd\04_CEQA\GPA 21-0424_WAC 25-0001 MNDJ.21.25.docx Page3of3
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