ADMINISTRATIVE REPORT
MEETING DATE: June 24, 2026 AGENDA CATEGORY: Hearings TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: June 11, 2026
SUBJECT: Public Appeal Hearing to Consider Planning Commission's Approval of Director Review No. 25-0002 and Modification No. 25-0007 and its Notice of Exemption from the California Environmental Quality Act.
Scout Services requested a Director’s Review and Approval No. 25-0002 to installation of a lattice tower to accommodate the City’s public safety radio system and related installation of new equipment shelter and generator equipment, and Zone Modification No. 25-0007 to permit a tower height of 150-feet and located within 300-feet of residentially zoned property located at 1000 Buena Vista Road. Bo Koenig submitted an appeal the Planning Commission’s approval. (Ward 5)
RECOMMENDATION:
Staff recommends de nying the appeal and upholding the Planning Commission’s decision to approve Director’s Review and Approval No. 25 -0002 and Zone Modification No. 25 -0007, and adoption of the Notice of Exemption.
BACKGROUND:
The City of Bakersfield has expanded and grown significantly over the years, placing increasing demand on its public safety communications system. While targeted expansions and equipment upgrades have been implemented to address coverage challenges, gaps remain — particularly in the growing areas of the City. In response, the City has embarked on the development of a new, modernized public safety communications system that will eventually provide coverage across Kern County.
The proposal involves upgrading the City of Bakersfield’s existing p ublic safety radio system to a new, modernized public safety and emergency communications system . The current infrastructure has degraded to the point that it is difficult to meet the operational demands. The current infrastructure has resulted in inconsis tent and unreliable radio reception between officers in the field and the communications center, especially in areas where the City has expanded. E mergency response efforts may be compromised and introduce unnecessary risks to both public safety personnel and the community.
The new tower and communication system will replace the existing facility serv ing first responder radio communications located at the Water Resources Department campus. This location services the southwest portion of the City and is an essential link in the overall modernization of the inter -agency communications system which will eventually cover Kern County. The current system supports critical communications for the Police and Fire Departments, Code Enforcement, Park Rangers and inter-agency first responders including the County of Kern emergency departments.
Bakersfield Fire Department Statement: Reliable communication is one of the most critical components of firefighter and public safety operations. Firefighters routinely operate in hazardous and rapidly changing environments where the ability to communicate with one another, incident commanders, dispatchers, and other responding agencies can mean the difference between a successful outcome and a tragedy.
When firefighters enter a burning structure, respond to a rescue, or operate at a large -scale emergency, they rely on their radios to report changing conditions, request resources, call for assistance, and communicate emergency situations. If communications are unreliable or unavailable, firefighters may be unable to receive critical information or alert others to imminent dangers. This creates a significant safety risk for both emergency responders and the public they serve.
The Bakersfield Fire Department has experienced radio communication challenges in portions of southwest Bakersfield, particularly when firefighters are operating inside large commercial buildings. In these situations, building construction, distance from radio infrastructure, and other factors can interfere with radio transmissions, making it more difficult for firefighters to communicate with one another and with incident command. These communication gaps create operational challenges and can impact firefighter safety during critical incidents.
The proposed radio system upgrades, including the placement of additional radio infrastructure, are intended to address these known coverage issues and improve the overall reliability of the system. The goal is to ensure that first responders can communicate effectively regardless of their location.
Additionally, reliable communication enhanc es operational effectiveness. Clear and dependable radio communications allow emergency resources to be deployed more efficiently, improve coordination among responding agencies, reduce delays in decision -making, and support a faster and more effective emergency response.
As our community continues to grow and technology evolves, maintaining a modern and reliable radio system is essential to ensuring that first responders have the tools they need to protect lives, property, and the overall safety of our residents. When a fi refighter calls for help, we must be confident that the call will be heard.
Bakersfield Police Department Statement: The City of Bakersfield, in conjunction with the County of Kern, has continued to make progress toward the overhaul of our aging public safety radio system. This project involves the complete replacement and modernization of our radio system to ensure first responders can effectively communicate during emergency and non -emergency needs. Radio communication is the foundation for our personnel to communicate with one another as well as receive transmissions from dispatchers.
Bakersfield Police Department’s frontline sworn and civilian personnel rely on radio communications as a lifeline to perform their duties and serve our community. Last year alone, the Bakersfield Police Department dispatched approximately 280,000 calls for service in which our radio system served as the means to relay vital information to and from the Communications Center. These personnel depend on their radios to
safely complete their assignments and provide efficient service to victims, witnesses, and others in need of law enforcement services.
The necessity and urgency of this project cannot be understated. Our department has had numerous “close calls” with our current radio system due to inadequate reception and connectivity issues across our city. One such incident occurred in 2023 during an officer -involved shooting in a northwest Bakersfield neighborhood where one of our officers was grazed by gunfire from the susp ect, yet the radio transmissions of critical details could not be relayed to our Communications Center or fellow officers near the scene.
The City of Bakersfield has made efforts to alleviate some of the radio system issues through temporar y solutions while the full overhaul is still underway. This has included the purchase and installation of a portable radio repeater to improve connectivity issues in west Bakersfield. However, the Bakersfield Police Department respectfully urges city leade rship to expedite the long -term project to ensure we do not jeopardize the safety of our personnel or community members. Reliable radio communications are a necessity within our profession and how we deliver effective public safety services to our community.
The radio system remains a vital foundational communication element of effective police response, particularly in high -priority and life -threatening situations. The existing public safety radio system no longer meets the operational demands of m odern emergency response . The proposed upgrade to the City’s radio communication is needed for public safety and emergency response. The location of the tower at the Water Resources campus provides critical link within the overall system by servicing the growing southwest area of Bakersfield.
Location. The proposed wireless communication tower will be installed within the existing maintenance yard at The City of Bakersfield Water Resources site. This maintenance yard is fully enclosed by a six-foot chain link fence with integrated privacy slats, providing visual screening and secured access. Entry to the yard is available from Buena Vista Road. City of Bakersfield Water Resources Department administration campus is a 5.26-acre facility. The tower and its associated equipment will be enclosed by bollards within the existing maintenance yard of the Water Resources Department’s secured campus. A new generator dedicated to the wireless communication tower shall be installed within a 10’ x 20’ prefabricated equipment shelter. A six-foot-tall block wall currently exists along the north boundary. A mix of block wall and chain link fencing surround the remaining sides of the property. Mature trees exist within and surround the property. Along the southeast boundary of the facility, adjacent to the proposed tower, the area contains tall trees with dense foliage, many of which exceed seventy feet in height. Given the presence of these existing trees, the communication tower is expected to visually integrate with the surrounding environment and not appear out of character with the existing surroundings.
Timeline.
November 13, 2025 – Planning Director’s Hearing held on requested zone modification . Opposition was received during this hearing and in accordance with BMC 17.64.060 (A)(1)(2), the Planning Director referred the item to the Planning Commission for a public hearing. February 5, 2026 –The project was referred back to staff for re -advertisement for a future public hearing before the Planning Commission.
February 19, 2026 – Planning Commission adopted Resolution 12-26 approving Director’s Review and Approval No. 25-0002 and Zone Modification No. 25-0007.
Planning Commission Decision. On February 19, 2026, after holding a public hearing, the Planning Commission approved Director’s Review and Approval No. 25-0002 and Zone Modification No. 25 -0007.
Director’s Review and Approval No. 25 -0002 allows installation of a lattice tower to facilitate the City’s public safety radio system and related accessory shelter and equipment. Zone Modification No. 25-0007 includes a request to allow an increase in the tower height from 65-feet to 150-feet and allow the tower to be located within 300 -feet of a residentially zoned property. The project site is located approximately 130 feet northwest of property residentially zoned.
Scout Services represented the City of Bakersfield (Technological Services) in these applications. There was one speaker in opposition during the public hearing. The Planning Commission unanimously approved with two Commissioners absent.
Appeal to Planning Commission’s Decision. On February 27, 2026, Bo Koenig, an area resident, filed an appeal (attached) to the Planning Commission’s approval. Mr. Koenig’s letter states his objections to the installation of the tower, summarized follows:
Health concerns for schoolchildren and neighbors. The decision fails to adequately consider the significant health concerns posed by erecting a 150-foot telecommunications tower in immediate proximity to Ronald Reagan Elementary School and a densely populated residential neighborhood. The tower may have adverse health effects from the radio frequency electromagnetic field exposure. The Planning Commission did not fully consider this issue and studies. A list of study references were included in the letter, Exhibits A-L. o Response: Health and safety considerations have been carefully evaluated throughout the design of this public safety communications network. The equipment proposed for this site, as well as the equipment proposed for other project sites, complies with all applicable Federal Communications Commission (FCC) requirements for communications facilities. Although not required by the FCC, the City took the additional precaution of retaining an independent third party to conduct an Electromagnetic Energy (EME) study for this specific location (attached hereto). That study confirmed that the proposed equipment will emit less than 1% of the EME level permitted by the FCC. In addition, engineering teams from Motorola Solutions and Federal Engineering, both vendors to the City, concur that the proposed equipment will operate safely under applicable FCC standards.
Inadequate notice to affected residents and violation of due process. The standard notice radius is insufficient to reach persons who may be affected by the tower’s 150 -foot height. Parents of students at Ronald Reagan Elementary School were not notified. o Response: City followed public noticing requirements pursuant to Bakersfield Municipal Code Section 17.64.050 (a) which requires a 10 day notice to owners and/or occupants of property located within 300 feet of the project site. No evidence was presented to support a claim that City did not follow its noticing requirements. Additional notification as described by the appellant is not required.
Constructive Taking: Diminution of Property Values. Approval and construction of the 150-foot tower in a residential area and adjacent to an elementary school is a constructive taking of property rights of surrounding homeowners and residents since it will cause a significant and measurable diminution in value. First, the aesthetic impact is severe and unavoidable. Second, the health related stigma associated with the tower will depress property values.
o Response: The mere approval of a project by a government agency is not a constructive taking (more commonly called “inverse condemnation”) under California law.
Neighboring landowner s claiming an inverse condemnation action require more than showing that property value has diminished as a result of a project —such landowners must establish that the consequences are not far removed from a direct physical intrusion or amount to a nuisance, or that the project results in actual physical injury to the property as opposed to mere diminution in its enjoyment (Los Angeles County Metropolitan Transportation Authority v. Continental Development Corp., 16 Cal.4th 694 (1997)). Appellant presented no evidence to establish inverse condemnation, only opinion.
o Further, d etermining whether the tower will diminish neighboring prop erty values is inherently subjective and speculative under California law . Courts have long held that evidence of anticipated property value impacts must meet minimum evidentiary standards and cannot be purely speculative, wholly guesswork, or conjectural (Metropolitan Water Dist. of So. California v. Campus Crusade for Christ, Inc., 41 Cal.4th 954 (2007)). This principle applies with particular force to predictions about how a future project will affect neighboring properties. In City & County of San Francisco v. Coyne , the court rejected a claim for lost profits based on anticipated future development as "a significant degree of speculation" that was "compounded by the inherent uncertainty" in market conditions, construction timing, and absorption periods (City and County of San Francisco v. Coyne, 168 Cal.App.4th 1515 (2008)). The court emphasized that valuation approaches treating hypothetical future conditions "as a laboratory exercise rather th an as an empirical measure of what actually existed" are impermissibly speculative (City and County of San Francisco v. Coyne, 168 Cal.App.4th 1515 (2008)). Appellant’s diminution in value argument is subjective, speculative a nd only opinion. Thus, the required findings for the zone modification in accordance with the Bakersfield Municipal Code were made and no evidence was presented by appellant to establish constructive taking and diminution in value to surrounding properties. Failure to Make Required Findings and Inconsistency with Code Purposes. Approval of the tower was inconsistent with the purpose of Bakersfield Municipal Code Chapter 17.59 to protect residential areas from adverse impacts of the tower.
o Response: Bakersfield Municipal Code (BMC) Chapter 17.59 outlines the design standards for wireless telecommunication facilities (cell towers) not located in the public right-of-way. BMC Chapter 17.64 provides the procedure to request modification to the Zone Code. The City is requesting a zone modification to Subsection 17.59.030 A to allow a cell tower to be located within 300 feet of residential zone property and Subsection
17.59.030 B to allow an increase in height from 65 feet to 150 feet. Required findings i n accordance with BMC 17.64.060 B must be made if the project is approved.
1. The granting of such director review and approval permit (modification) would not be materially detrimental to the public welfare, nor injurious to the property or improvements in the zone or vicinity in which the property is located; and
2. The granting of the director review and approval permit (modification) is necessary to permit an appropriate improvement or improvements on a lot or lots,, including, but not limited to, modification of such regulations for some or all lots within a subdivision to facilitate zero-lot-line or other atypical subdivision development; and
3. The granting of the director review and approval permit (modification) would not be inconsistent with the purposes and intent of Title 17 of this code. o The Zone Code is a permissive document. Not all circumstances will fit the criteria of the Code. BMC Chapter 17.64 allows for modifications to the Zone Code by providing an application review process that has the applicant submit supporting evidence that the required findings of BMC Chapter 17.64 are made. Based on the whole of the evidence submitted the decision-making body determines if the request to modify the Zone Code is appropriate, including whether the request is consistent with the purposes and intent of BMC Title 17.
Improper CEQA Exemption. The tower’s location near a residential neighborhood and school raise community concerns regarding health, safety and property values for environmental review.
The determination that the tower is exempt from CEQA was improper. o Response: Section 21084 of the Public Resources Code requires the California Environmental Quality Act (CEQA) guidelines to include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. Classes of projects listed under CEQA Guidelines Section 15300 do not have a significant effect on the environment, and they are declared to be categorically exempt from the requirement for the preparation of environmental documents. This project qualifies for an exemption under CEQA Guidelines Section 15302.”
o The provisions of CEQA the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Measures have been followed. Categorical Exemption Section 15302, Replacement and Reconstruction, applies to the proposed tower because said tower consists of the replacement or reconstruction of an existing structure where the new structure will be located on the same site as the structure being replaced and will have substantially the same purpose and capacity as the structure replaced. Furthermore, as stated in the leading case interpreting Section 15302, Dehne v. County of Santa Clara , which addressed the scope of the "substantially the same purpose and capacity" requirement, the court held that this requirement speaks only to the productive purpose and capacity of the existing and replacement facilities, and does not demand minute scrutiny of each of the individual components, some of which may incorporate advanced technology into the facilities' operations (Dehne v. County of Santa Clara, 115 Cal.App.3d 827 (1981)). This gives agencies reasonable flexibility to approve replacement projects that modernize components while maintaining the overall functional purpose and capacity of the original facility. The project meets the description of Categorical Exemption Section 15302. Staff has complied with CEQA Guidelines. Failure to Consider Alternative Sites. The City did not evaluate alternatives sites like the Park at River Walk.
o Response: From an engineering and operational standpoint, the existing location remains the most suitable site for the proposed public safety communications facility. It provides the required coverage and connectivity, avoids the need to develop a new wireless communications facility, and is the most cost-effective option for the City.
Planning practices generally favor continued use of existing communications sites when they can meet project requirements, rather than shifting to new locations that would increase cost, delay, and uncertainty.
o After the appeal was filed, the City reviewed alternative locations as requested. Only one site, Park at River Walk, appeared potentially capable of replicating the required engineering coverage and backhaul connectivity. However, fully evaluating that site
would require more than $300,000 in additional design, construction, and consulting costs, none of which has been budgeted. Construction costs would also likely be higher because the City entered into its agreement with Motorola Solutions, Inc. for the proposed site more than a year ago, and construction and material costs have increased since that time. Relocating the facility would also significantly affect the project schedule. The proposed site has taken nearly three years to reach its current stage, and bringing an alternative location to the same point is expected to take approximately 18 months. For these reasons, moving the project to an alternative site is not a practical or fiscally responsible approach.
In addition, the project is consistent with the Metropolitan Bakersfield General Plan as follows:
General Plan Consistency:
Safety Element. The installation of the wireless radio communication tower directly supports the goals and policies within the Metropolitan Bakersfield General Plan, specifically those outlined in the Safety Element. By enhancing radio communication capabilities for police and fire personnel in the northwest portion of the city, the project promotes reliable emergency response operations and strengthens overall public safety—especially in an area currently experiencing degraded service.
Section C: Public Safety
Goals.
1. Ensure that the Bakersfield metropolitan area maintains a high level of public safety for its citizenry.
2. Ensure that adequate police and fire services and facilities are available to meet the needs of current and future metropolitan residents through the coordination of planning and development of metropolitan police and fire facilities and services.
Policies.
1. Identify future site location, projected facilit y expansions, projected site acquisition costs, construction costs and operational costs in a manner that would maximize the efficiency of new public safety services. (I-1, I-2, I-3)
2. Require discretionary projects to assess impacts on police and fire services and facilities (I-3)
Environmental Review. This project has been found to be exempt from the provisions of the California Environmental Quality Act (CEQA) and the City of Bakersfield’s CEQA Implementation Procedures in accordance with Section 153 02 (Class 02: Replacement or Reconstruction). This exemption includes projects that are the reconstruction of structures or facilities on the same site having substantially the same purpose and capacity. A Notice of Exemption has been prepared.
Public Not ification. All required public notices have been given in accordance with Title 17 of the Bakersfield Municipal Code for the Planning Director’s Hearing held November 13, 2025, Planning Commission public hearing held February 19, 2026 and the City Council public appeal hearing of June 24, 2026.
CONCLUSION:
Findings. BMC Section 17.64.060. B and D contains specific findings that must be made to approve the requested Director Review and Approval Permit and Zone Modification. Specifically, the section states
that a Director Review and Approval Permit and Zone Modification shall be granted only when it is found that:
1. The proposed use is deemed essential or desirable to the public convenience or welfare; and
2. The proposed use is in harmony with the key elements and objectives of the general plan and applicable specific plans.
3. The granting of the modification will not be materially detrimental to the public’s health and safety, or injurious to the property or improvements in the zone of vicinity in which the subj ect property is located.
4. The granting of the modification is necessary to permit an appropriate improvement on the subject property.
5. The granting of the modification would not be inconsistent with the purposes and intent of both the Metropolitan Bakersfield General Plan and the Bakersfield Municipal Code.
In addition, the Bakersfield Municipal Code also states that a zone modification may be subject to such conditions as deemed appropriate or necessary to assure compliance with the intent and purpose of the zoning regulations and the various elements and objectives of the general plan and applicable specific plans and policies of the city or to protect the public health, safety, convenience, or welfare.
The information presented by the applicant has demonstrated that there would be no adverse impacts anticipated resulting from the Applicant’s request. Therefore, in accordance with the required findings, and as conditioned, Staff finds: (1) the proposal would not result in any detrimental impacts to the public welfare or to properties or improvements in the zone or vicinity in which the project is located; (2) the proposal will allow appropriate improvements on the site and add value to the property and area; and (3) the proposal would be consistent with the purposes and intent of the Bakersfield Zoning Ordinance.
Recommendation. Staff finds that the applicable provisions of CEQA have b een complied with, and the proposal sufficiently demonstrates compliance with the necessary findings. The proposal involves upgrading the City’s existing public safety radio communication system, which no longer meets the operational demands of modern emer gency response. The installation of a 150 -foot lattice wireless communication tower and accessary structures at an existing 5.26 -acre City Water Resources facility provides a secure and optimal geographic location to serve the expanding urban growth of sou thwest Bakersfield. The modification requests to allow the tower to exceed the 65-foot height limit and be located 130 feet from residentially zoned property are mitigated by landscape screening, and public safety needs.
Therefore, staff recommends that y our Commission deny the appeal and uphold the Resolution and suggested findings APPROVING Director Review and Approval No. PP -ADR-25-0002 and Zoning Modification No. PP-ZM-25-0007.
FISCAL IMPACT:
The site remediation (tower build) at this location at the Water Resources Department is $1.3M. This is one of six tower sites that, when completed, will comprise the Bakersfield Metro cell ($29M) within the larger Regional Public Safety Communications Network, which will span county -wide. This tower and associated shelter and equipment is included as part of Agreement No. 2023-137 with Motorola Solutions Inc. approved in June 2023, as amended in July 2025. In addition, this project is included in the 2026-2027 Capital Improvement Plan (CIP) for $730,000.
COUNCIL GOAL:
Safety and Resilience
Reliable Infrastructure
ATTACHMENTS:
1. Resolution
2. Appeal Letter from Bo Koenig
3. Map Set
4. Applicant Justification letter
5. Site Plan and Drawings
6. Radio EME Compliance Assessment
7. Planning Commission Staff Report
8. Planning Commission Res. No. 12-26
9. Planning Commission PowerPoint presentation
10. Consultant PowerPoint presentation