ADMINISTRATIVE REPORT
MEETING DATE: May 27, 2026 AGENDA CATEGORY: Consent – Public Hearings TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: May 22, 2026
SUBJECT: Public hearing to consider Planning Commission’s approval of General Plan Amendment/Zone Change No. 24-0040 and its proposed mitigated negative declaration. (Ward 7)
McIntosh and Associates (applicant), on behalf of Kern Land Partners LLC (property owner) is proposing a General Plan Amendment and Zone Change on approximately 5.39 acres generally located at the southeast corner of Ashe Road and McKee Road. The request includes:
1. Resolution adopting a Mitigated Negative Declaration pursuant to the California Environmental Quality Act.
2. Resolution adopting General Plan Amendment to change land use designation from LR (Low Density Residential) to GC (General Commercial).
3. First Reading of an ordinance amending Title 17 of the Bakersfield Municipal Code by changing the official zoning classification from R-1 (Single-Unit Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development).
RECOMMENDATION:
Staff and the Planning Commission recommend adoption of the resolutions and first reading of the ordinance.
BACKGROUND:
The project is a request for an amendment to the Metropolitan Bakersfield General Plan Land Use Element and the City of Bakersfield Zoning Ordinance on approximately 5.39 acres generally located on the Southeast corner of Ashe Road and McKee Road. The applicant proposes to change the land use designation from LR (Low Density Residential) to GC (General Commercial); and to change the zone classification from R -1 (Single -Unit Dwelling) to C -2/PCD (Regional Commercial/Planned Commercial Development).
Project Summary:
The proposed project seeks the above approvals to establish consistent land use and zoning designations within the project site and with surrounding residential areas. The proposed request is intended to address the constraint that new residential development cannot occur on the project site due to its close proximity to a wastewater treatment facility due to odor concerns. City policy does not permit new residential development within one-quarter mile radius of a sewage facility which the project site is within a one-quarter mile of the City of Bakersfield Sewage Facility No. 3 located at the southwest corner of Ashe Road and McCutchen Road in southwest Bakersfield. No formal plans have been submitted, with the exception of preliminary conceptual plans. All future developments will be analyzed for municipal and CEQA compliance.
Site History:
January 28, 1998 – The project site was pre -zoned R-1 (single-family dwelling unit) as a part of a larger area pre-zoning (Ordinance 3819).
March 8, 2006 - The project site was pre-zoned R-1 (single-family dwelling unit) as a part of a larger pre-zoning area prior to annexation into the City (Ordinance 4331).
July 17, 2006 - The project site was annexed into the City of Bakersfield as part of a larger annexation (Annexation 477 – Ashe Road No. 3).
Environmental Review and Determination:
Staff prepared an initial study to review the potential environmental impacts of the proposed project. The Initial Study determined that compliance with recommended mitigation measures, local ordinances, state laws, and construction to the standards of the Uniform Building Codes will reduce impacts to a less-than- significant level. Therefore, a Mitigated Negative Declaration (“MND”) was prepared for this project in accordance with CEQA. The MND was circulated for a 30 -day public and agency review period from December 1, 2025 to December 30, 2025 (SCH No. 22025111041).
The State CEQA Guidelines and the City of Bakersfield’s CEQA Implementation Procedures have been followed in the evaluation of the environmental effects of this project. Significant environmental impacts beyond those identified in the EIR were not identified within staff analysis.
Comments Received. As of this writing, two comment letters have been received in response to the Initial Study. One was submitted by the California Department of Conservation and provides guidance on best practices should an undiscovered oil well be encountered on the project site. The second letter was submitted by an adjacent resident concerning land use compatibility, neighborhood safety, and the protection of nearby residential and recreational uses.
Public Notification:
Public notice for the proposed project and environmental determination was advertised in The Bakersfield Californian and posted on the bulletin board in the City Hall North, 1600 Truxtun Avenue, Bakersfield, California. All property owners within 300 feet of the project site were notified by United States Postal Service mail regarding this public hearing in accordance with city ordinance and state law.
Compatibility with Land Use Element. Staff has reviewed the proposal for compatibility with the applicable goals and policies contained within the Metropolitan Bakersfield General Plan Land Use Element and finds the following:
Goal 1: Accommodate new development which captures the economic demands generated by the marketplace and establishes Bakersfield’s role as the capital of the southern San Joaquin Valley.
The project is new commercial development that captures the c urrent commercial marketplace within the southern San Joaquin Valley by providing commercial development.
Goal 2: Accommodate new development which provides a full mix of uses to support its population.
The project is consistent with this goal because the property owner determined the market is driving a need for commercial within the project area.
Goal 4: Accommodate new development which channels land uses in a phased, orderly manner and is coordinated with the provision of infrastructure and public improvements.
The necessary infrastructure and public improvements are available to accommodate commercial developments or, if the project is approved, will be developed through the fair-share payment of impacts fees by the property owner. Therefore, the project is consistent with this goal.
Planning Commission Action:
The project was considered by the Planni ng Commission on April 16, 2026. No individuals or agencies were present at the hearing that opposed the request. The Planning Commission unanimously recommended approval of the project to the City Council. Two Commissioners were absent. The Planning Commission’s findings are contained in Resolution Nos. 23-26, 24-26, and 25-26.
FISCAL IMPACT:
If this site develops to its full land use economic potential it will have a positive impact on generating revenue for the City General Fund.
COUNCIL GOAL:
Community Character & Quality of Life
Reliable Infrastructure
ATTACHMENTS:
1. Resolution adopting the MND
2. Resolution approving the GPA
3. Ordinance for ZC
4. Map Set
5. Mitigated Negative Declaration with Attachments
6. Planning Commission Staff Report
7. PC CEQA Resolution No. 23-26
8. PC GPA Resolution No. 24-26
9. PC ZC Resolution No. 25-26