RESOLUTION NO. 23-26
RESOLUTION OF THE BAKERSFIELD PLANNING
COMMISSION RECOMMENDING THAT THE CITY
COUNCIL ADOPT A MITIGATED NEGATIVE
DECLARATION FOR AN AMENDMENT TO THE LAND USE
MAP AND ZONE CHANGE, GENERALLY LOCATED ON
THE SOUTHEAST CORNER OF ASHE ROAD AND MCKEE
ROAD (GPA/ZC NO. 24-0040).
WHEREAS, McIntosh & 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 Commercial) 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 Secretary of the Planning Commission set Thursday, March 5, 2026 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 laws and regulations relating to the preparation and adoption of Mitigated Negative Declaration 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 Avenue, 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. The MND was circulated for public review between December 1, 2025, and December 30, 2025.
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, at least 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 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 March 5, 2026, on a motion by Commissioner Martin and seconded by Commissioner Brandt Oliver, by the following vote.
A YES: Bittle, Cater, Kaur, Martin
NOES: None
ABSENT: Neal, Strickland
Exhibits (attached):
Exhibit A: Mitigation Measures
Exhibit B: Location Map
BITTLE, VICE CHAIR
City of Bakersfield Planning Commission
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
Page2
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 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.
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 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.
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.
General Plan Amendment & Zone
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Land Use
RR Rural Reside11Ual
2.S gross ones/dwelling unit
[R Estate Residential
1 dwelling unit/net acre
SR Suburhan Residential
:;;4 dwelling units/nef ane
SR/lR
Cou11ty: :. 4 dwelling units/11el
aue
City: :. 7.26 dwelling units/net
one
lR low Density Rnidential
:. 7.26 dwelling units/net acre
lMR low Medium Density
Residential
> 4 hut:. 10 dwelling units/
net acre
HMR High Medium Density
Residential
> 7.26 u11its but
:.17.42 dwelling units/net
ane
HR High Density Residential
> 17.42 units but
:.72.6 dwelling units/net one
HC Highwny Commercial
GC General Commerdol
MC Ma(or Commercial
OC Offlte Commenlol
MUC Mixed Use Commertinl
LI light Industrial
SI Servin Industrial
HI Heavy lndustriul
P Public Fodlities
PS Public/Private Sd1ools
PT Public Trn11spcrtution
Corridors
P~SW Solid Wn5te Fadlitie5
OS Open Space
OS·P Porlcs ond Recreation
OS-S Slopes exceeding 30%
R-IA Resotme •
Intensive Agriculture
20 acre minimum pnr1el size
R-1:A Resour<e •
Exfe-nsive Agriculture
20 one minimum panel 5ize
80 mre min IWillinmson Ad)
R-MP Resource~
Minerals & Petroleu,n
S acre minimum pnrcef size
UER Urhun Estate Residential
Western Rosedule J>lo11
0.5 acre ne1 minimum parcel
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WM West Mij°c Pion
BAKERSFIELD
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Feet
500
9/30/2025
1,000