RESOLUTION NO. _____________
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A
MITIGATED NEGATIVE DECLARATION FOR AN AMENDMENT TO THE
LAND USE MAP DESIGNATION OF THE METROPOLITAN
BAKERSFIELD GENERAL PLAN AND ZONE CHANGE, GENERALLY
LOCATED ON THE SOUTHEAST CORNER OF ASHE ROAD AND
MCKEE ROAD (GPA/ZC NO. 24-0040).
WHEREAS, McIntosh and Associates (applicant), on behalf of Kern Land Partners LLC (property owner), is requesting: (1) an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from LR (Low Density Residential) to GC (General Commercial); and (2) an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from R -1 (Single-Unit Dwelling) to C -2/PCD (Regional Commercial/Planned Commercial Development) on approximately 5.39 acres generally located on the southeast corner of Ashe Road and McKee Road (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 1, 2025 to December 30, 2025, in accordance with CEQA; and
WHEREAS, the Planning Commission held a public hearing on April 16, 2026, and with no one wishing to speak in support or opposition, approved Resolution No. 23-26, which recommended that the City Council adopt a Mitigated Negative Declaration for the Project; and
WHEREAS, the Clerk of the City Council set Wednesday, May 27, 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. 23-26 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.
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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 27th day of May 2026 by the following vote:
AYES: COUNCILMEMBER: _Arias, Gonzales, Weir, Smith, Freeman, 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
Exhibit: A Mitigation Measures
B Location Map
EXHIBIT “A”
MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 24-0040
Air Quality Impact Mitigation Measures:
1. Prior to grading plan approval, the applicant/developer shall submit documentation to the Planning Division that they will/have met all air quality control measures and rules required by the San Joaquin Valley Air Pollution Control District.
2. Prior to grading plan approval, the applicant/developer shall submit proof to the Planning Division that they have complied with the San Joaquin Valley Air Pollution Control District’s Indirect Source Rule (Rule 9510).
Biological Resources Impact Mitigation Measures:
3. Prior to ground disturbance, the applicant/developer shall consult with and follow all California Department of Fish and Wildlife 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). Applicant/developer shall have a qualified professional conduct and prepare a biological resource clearance survey no less than 14 days and no more than 30 days prior to the beginning of ground disturbance and/or construction activities for the detection of listed, or otherwise special-status species, likely to be impacted by any project related activity.
a. If known or natal dens are detected during the survey, protective measures enumerated in the USFWS Standardized Recommendations for Protection of Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (2011) shall be initiated. If the identified dens are unavoidable, pursuant to the guidelines, the CDFW and USFWS shall be contacted for additional guidance and take authorization.
b. If Bakersfield cacti are identified during the survey, the CDFW shall be contacted for guidance concerning the feasibility of translocation.
c. The survey or separate survey shall include a focus on the burrowing owl. The survey shall follow the methodology developed by the California Burrowing Owl Consortium (CBOC 1993). The applicant/developer shall follow CDFW protocol for mitigation and comply with the provisions of the Migratory Bird Treaty Act.
Geology and Soils, Cultural Resources, and Tribal Resources Impact Mitigation Measures:
4. Prior to construction and as needed throughout the construction period, a 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. Documentation of pre -construction training shall be submitted to the Planning Department within 5 days of training completion.
Exhibit A
GPA No. 21-0302
5. During construction, if buried paleontological or 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 and/ or paleontological 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 reso urce, 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 Info rmation System’s Southern San Joaquin Valley Information Center at California State University Bakersfield.
6. 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 Ameri can 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.
Traffic Impact Mitigation Measures:
7. Prior to the issuance of building permits, the project applicant/developer 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.
EXHIBIT B