ADMINISTRATIVE REPORT
MEETING DATE: June 24, 2026 AGENDA CATEGORY: Consent - Resolutions TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: June 10, 2026
SUBJECT: Resolution approving Final Williamson Act Cancellation No. 25-0001 and Exclusion from Agricultural Preserve No. 10.
Next Gen Engineering Group Inc., representing ORR Development 2, LLC, is proposing a Williamson Act Cancellation No. 25-0001 and Exclusion from Agricultural Preserve No. 10 on approximately 28.91 acres generally located on the north side of McCutchen Road at Mountain Vista Road. (Ward 5).
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The resolution will approve the Final Cancellation of the Williamson Act Contract and Exclusion of 28.91 acres from the boundaries of Agriculture Preserve No. 10, which will allow for residential development.
At the City Council meeting held on March 11, 2026, your council approved a resolution adopting the Tentative Cancellation of a Williamson Act Land Use Contract an d Exclusion of 28.91 acres from the boundaries of Agricultural Preserve No. 10 and also approved a resolution adopting a General Plan Amendment from R -IA (Resource -Intensive Agriculture) to LMR (Low -Medium Residential) and a mitigated negative declaration.
Project Summary
The request is the Cancellation of a Williamson Act Land Use Contract and exclusion from the County of Kern administrative boundary of Agricultural Preserve No. 10. The City Council by resolution has approved the general plan amendment a nd related mitigated negative declaration for consistency purposes with the land use and zoning designations within the project site and with surrounding residential areas. The General Plan Amendment (GPA) amend ed the Land Use Element of the Metropolitan B akersfield General Plan from Resource -Intensive Agriculture (R -IA) to Low-Medium Density Residential (LMR), on approximately 28.91 acres located on the north side of McCutchen Road , an arterial street, between Buena Vista Road and Old River Road [APNs 541-010-23 and -27].
The project proposes the development of 147 single-family residential lots (pending Vesting Tentative Tract Map No. 7410) with lot sizes ranging from 4,589 to 11,462 square feet and an average density of
8.64 dwelling units per net acre, consistent with the LMR designation. Mountain Vista Drive, a collector street, will be extended through the site to connect with McCutchen Road, improving local circulation.
Surrounding properties are characterized by single -family residential uses and undeveloped land. The project site consists of two contiguous, vacant parcels historically used for agriculture. All future development will be reviewed for compliance with municipal regulations and CEQA.
Williamson Act Contract and Agricultural Preserve.
The Williamson Ac t, also known as the California Land Conservation Act of 1965, has been the state’s premier agricultural land protection program , which preserves agricultural and open space lands by discouraging premature and unnecessary conversion to urban uses.
The project site is subject to a Williamson Act Land Use Contract (WAC) recorded on February 28, 1969 (Document No. 12659). The property owner now requests cancellation of the WAC for the two parcels (project site) and the project site’s exclusion from Agricultural Preserve No. 10. In accordance with the Williamson Act, certain procedures must be followed and findings must be made in order to cancel a WAC. In accordance with the findings of Government Code 51282 c-1-2, the cancellation is in the public interest in that the cancellation will facilitate development of Mountain Vista Drive, a collector street to McCutchen Road, an arterial street which provides for vital connections in the City’s circulation system.
Approval of the WAC cancellation and exclusion of the project site from the agricultural preserve facilitates the development of needed housing and construction of Mountain Vista Drive. As part of the WAC cancellation process, the cance llation is tentative until the property owner pays the required cancellation fee to the County Treasurer, and the City Council accepts proof of the payment. The amount of the fee is determined by the County Assessor. Staff hereby certifies the following ac tions have been completed in accordance with State requirements:
The city has recorded a Certificate of Tentative Cancellation with the Kern County Recorder pursuant to Section 51283.4(a)
A 1/8 page Notice of Decision was published in the Bakersfield Calif ornian stating the Date/Time/Place of the hearing; general explanation of the decision, Made Findings pursuant to Section 51282; and General description of land subject to cancellation. A copy of the published notice of decision was mailed to the Director of the Department of Conservation.
The cancellation fee was paid in full to the Kern County Treasurer – Tax Collector The landowner has notified the City Planning Division as to conditions and contingencies in the Certificate of Tentative Cancellation have been satisfied and included a copy of the proof of payment of said cancellation fee.
The City Planning Division will now execute a Certificate of (Final) Cancellation and present it by Resolution to the City Council at the next available meeting. Following City Council approval of the resolution, the city will record the Certificate of (Final) Cancellation with the Kern County Recorder;
The City Planning Division shall modify the City’s Agricultural Preserve map boundaries to exclude the subject property from the Agricultural Preserve boundaries. The City Planning Division shall send a notice to (1) the Director of the Department of Conservation, (2) the Kern County Assessor’s Office, and (3) the Kern County Planning Department to include:
a. Copy of the recorded Certificate of (Final) Cancellation. b. Copy of the amended Agricultural Preserve Map.
c. Copy of proof of cancellation fee payment.
d. Location Map.
e. Copy of City Council Resolution
FISCAL IMPACT:
The action to approve the (Final) Cancellation of the Williamson Act Land Use Contract will not have an adverse impact on the General Fund. 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
ATTACHMENT:
Resolution