RESOLUTION NO. ______
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL
DENYING THE APPEAL AND APPROVING DIRECTOR
REVIEW AND APPROVAL PERMIT AND ZONE
MODIFICATION TO ALLOW A 150-FOOT TALL WIRELESS
COMMUNICATION TOWER FOR THE PUBLIC SAFETY
RADIO SYSTEM IN A R-3 (MULTI-UNIT DWELLING ) ZONE
DISTRICT, LOCATED AT 1000 BUENA VISTA ROAD (DRA
25-0002 AND ZM 25-0007)
WHEREAS, Scout Services, representing the City of Bakersfield, is requesting the installation of a lattice tower to accommodate the City’s public safety radio system(BMC 17.59.020 C.). The requested zone modification would allow the proposed tower to be located within three hundred feet of a residentially zoned property (BMC 17.59.030.A.2) and permit a tower height of 150 feet, where the maximum allowable height is 65 feet or 20 percent above adjacent natural objects, whichever is less (BMC 17.59.030.B.2). The project also includes the installation of a new equipment shelter and generator on a 5.26-acre parcel zoned R-3 (Medium Density Multi-Unit Dwelling), at 1000 Buena Vista Road (City of Bakersfield Water Resource Department)(the “Project”); and
WHEREAS, a Secretary of the Development Services Department set Thursday, November 13, 2025, at 1:00 p.m. in the Development Services Department Conference Room 2 Large, 1715 Chester Avenue, Bakersfield California, as a time and place for a public hearing before the Planning Division hearing officer to hear comments before considering the proposed zoning modification; and
WHEREAS, at the public hearing, testimony was received in opposition of the Project, requiring the Project to be referred to the Planning Commission or denied, BMC 17.64.060 A.; and
WHEREAS, the Planning Director rendered a decision on the application for a referral to Planning Commission; and
WHEREAS, the Secretary of the Planning Commission, did set Thursday, February 19, 2026, at 5:30 p.m. in the Council Chambers, City Hall South, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the Planning Commission to consider the proposed Director Review and Approval Permit, 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 California Environmental Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures have been duly followed by city staff and the Planning Commission; and
WHEREAS, the above-described project is exempt from the requirements of CEQA in accordance with Section 15302; 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, after the conclusion of the public hearing, the Planning Commission adopted Resolution No. 12-26 approving the Project; and
WHEREAS, Bo Koenig, filed an appeal to the Planning Commission’s approval of the Project within 10 days of the Planning Commission’s action; and
WHEREAS, the City Clerk, did set Wednesday, June 24, 2026, at 5:15 p.m. in the Council Chambers, City Hall South, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public appeal hearing before the City Council to consider the appeal and the Project and of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and
WHEREAS, after the conclusion of the June 24, 2026, appeal hearing, the Council moved to place consideration of the Project on the August 5, 2026 agenda to allow time to provide additional information; 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. Public notice for the proposed project and environmental determination was posted on the bulletin board in the City of Bakersfield City Hall North Building, 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.
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 that is exempt from CEQA pursuant to Section 15302 because the project does not have the potential to have a significant effect on the environment.
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 subject 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.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows:
1. The above recitals, incorporated herein, are true and correct.
2. This project is exempt from the requirements of CEQA.
3. The Planning Commission’s findings as contained in its Resolution No.12-26 are hereby adopted.
4. Director Review and Approval Permit 25-0002 and Zone Modification 25-0007, as described in this resolution, is hereby approved subject to the conditions of approval in Exhibit A and as shown in Exhibits B and C.
o0o
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 ____________________, by the following vote:
AYES: COUNCILMEMBER: _Arias, Gonzales, Weir, Smith, Koman, 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
Exhibits: A. Conditions of Approval
B. Location Map
C. Site Plan
ADR-25-0004 and ZM-25-0004 1 of 3 Pages
EXHIBIT A
CONDITIONS OF APPROVAL
Director Review and Approval PP-ADR-25-0002 and Zone Modification PP-ZM-25-0007
I. The applicant's rights granted by this approval are subject to the following provisions:
• The project shall be in accordance with all approved plans, conditions of approval, and other required permits and approvals. All construction shall comply with applicable building codes.
• All conditions imposed shall be diligently complied with at all times and all construction authorized or required shall be diligently prosecuted to completion before the premises shall be used for the purposes applied for under this approval.
• This approval will not be effective until ten (10) days after the date upon which it is granted by the Planning Commission to allow for appeal to the City Council. Any permit or license for any approval granted shall not be issued until that effective date.
• This approval shall automatically be null and void two (2) years after the effective date unless the applicant or successor has actually commenced the rights granted, or if the rights granted are discontinued for a continuous period of one (1) year or more. This time can be extended for up to one (1) additional year by the approving body.
• The Planning Commission may initiate revocation of the rights granted if there is good cause, including but not limited to, failure to comply with conditions of approval, complete construction or exercise the rights granted, or violation by the owner or tenant of any provision o f the Bakersfield Municipal Code pertaining to the premises for which the approval was granted. The Planning Commission may also consider adding or modifying conditions to ensure the use complies with the intent of City ordinances.
• Unless otherwise conditioned, this approval runs with the land and may continue under successive owners provided all the above-mentioned provisions are satisfied.
II. The following conditions shall be satisfied as part of the approval of this project:
1. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners and boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY’s sole active negligence or willful misconduct.
This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued.
ADR-25-0002 and ZM-25-0007 3 of 3 Pages The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party.
2. This Director Review and Approval permit and Zone Modification allows the installation and operation of one hundred and fifty (150) foot wireless communications tower at 1000 Buena Vista Road.
III. The following are specific items that you need to resolve before you can obtain a building permit or be allowed occupancy. These items include conditions and/or mitigation required by previous site entitlement approvals (these will be specifically noted), changes or additions that need to be shown on the final building plans, alert you to specific fees, and other conditions for your project to satisfy the City’s development standards.
The items listed below will usually need to be shown on the final building plans or completed before a building permit is issued.
A. DEVELOPMENT SERVICES - BUILDING (1715 Chester Avenue) (661-326-3607 or [email protected])
1. Impact fees shall be paid at the time of building permit issuance.
2. Building permits are required for all construction on site. Submit plans for review and approval prior to obtaining all required permits for construction of the project.
3. ADD AS A NOTE TO THE PLANS: Prior to issuing a building permit, the Building Division will calculate and collect the appropriate school district impact fees.
B. DEVELOPMENT SERVICES - PLANNING (1715 Chester Avenue) (Staff contact – Michael Bell; 661-326-3431 or [email protected])
1. No noted conditions at this time.
C. FIRE DEPARTMENT (2101 H Street)
(Staff contact – Ernie Medina; 661-326-3682 or [email protected])
1. Prior to issuing building permit - All projects must comply with the current California Fire Codes and current City of Bakersfield Municipal Code and noted on the plan.
2. Prior to issuing building permit - must show the key Knox box locations for the gates/buildings on the plan for approval.
3. Prior to issuing building permit - Show on the plan the Project address, including suite number if applicable. If the project is within a shopping or business center, note the name and address of the center.
Administrative Review
25-0002
Zoning Modification
25-0007
CITY OF BAKERSFIELD
CLARION RIVER DR
R-1
WHITE RIVER DR
R-2
R-2
-0
PP-ZM-25-0007
&
PP-ADR-25-0002
C-0 R-1
Ronald Reagan
Elementary
School
R-1
Zoning
R-1 One Family Dwelling
6,000 sq.ft. min lot size
R-1-4.5 One Family Dwelling
4,500 sq.ft. min lot size
E Estate
10,000 sq.ft. min lot size
R-S Residential Suburban
24,000 sq.ft./dwelling unit
R-S·( ) Residential Suburban
1, 2.5, 5 or 10 min lot size
R-2 Limited Multiple Family Dwelling
4,500 sq.ft. min lot size (single
family)
6,000 sq.ft. min lot size
(multifamily)
2,500 sq.ft. lot area/dwelling unit
R-3 Multiple Family Dwelling
6,000 sq.ft. min lot size
1,250 sq.ft. lot area/dwelling unit
R-4 High Density Multiple Family
Dwelling
6,000 sq.ft. min lot size
600 sq.ft. lot area/dwelling unit
R-H Residential Holding
20 acre min lot size
A Agriculture
6,000 sq.ft. min lot size
A-20A Agriculture
20 acre min lot size
PUD Planned Unit Development
TT Travel Trailer Park
MH Mobilehome
C-0 Professional and Administrative
Office
C-1 Neighborhood Commercial
C-2 Regional Commercial
C-C Commercial Center
C-B Central Business
PCD Planned Commercial
Development
M-1 Light Manufacturing
M-2 General Manufacturing
M-3 Heavy Industrial
P Automobile Parking
RE Recreation
Ch Church Overlay
OS Open Space
HOSP Hospital Overlay
AD Architectural Design Overlay
FP-P Floodplain Primary
FP-S Floodplain Secondary
AA Airport Approach
� DI Drilling Island
c,: PE Petroleum Extraction Combining
E SC Senior Citizen Overlay
:3 HD Hillside Development Combining
c::, WM- West Ming Specific Plan
i 1:1 �
BAKERSFIELD
DEVELOPMENT SERVICES
t
0 115 230
US
Feet
10/29/2025
Exhibit B
CONSULTANT TEAM
T-1
PRELIMINARY
NOT FOR
CONSTRUCTION
Fort Wayne, IN 46804
6202 Constitution Drive, Suite C
AG WATER (AGW)
1000 BUENA VISTA RD.
BAKERSFIELD, CA 9311
35.34640, -119.12552
Know what'sbelow.
before you dig.Call
R
DIRECTIONS TO SITE
VICINITY MAP
LOCATION MAP
DRAWING INDEX
PROJECT INFORMATION, LOCATION MAPS,
AND DRAWING INDEX
Site
Site
River Run Blvd
AG WATER
(AGW)
1000 BUENA VISTA RD.
BAKERSFIELD, CA 9311
KERN COUNTY
DIRECTIONS TO HOSPITAL
·
·
·
·
·
·
·
·
·
·
·
·
SITE INFORMATION
RECEIVED AND ACCEPTED
PROJECT INFORMATION, LOCATION MAPS, AND
DRAWING INDEX
T-1
OVERALL SITE PLAN
TOPOGRAPHY PLAN
C-1
C-1.1
ENLARGED SITE PLANC-2
C-3
Q-1
DIMENSIONED SITE PLANC-2.1
Q-1.1
TOWER ELEVATION AND ANTENNA LOADING INFORMATION
ANTENNA SPECIFICATIONS
Q-1.4MICROWAVE ANTENNA SPECIFICATIONS
A-1EQUIPMENT SHELTER FLOOR PLAN
GENERATOR SPECIFICATIONS
Q-1.2
GENERATOR SPECIFICATIONS
Q-1.3
SITE SIGNAGEC-2.2
SITE SURVEYC-1.2
Buena Vista Road
Water Channel
GENERATOR SPECIFICATIONS
OVERALL UTILITY SITE PLANE-1
SHELTER ONE-LINE DIAGRAME-2
Exhibit C
E
C-1
PRELIMINARY
NOT FOR
CONSTRUCTION
Fort Wayne, IN 46804
6202 Constitution Drive, Suite C
AG WATER (AGW)
1000 BUENA VISTA RD.
BAKERSFIELD, CA 9311
35.34640, -119.12552
Know what'sbelow.
before you dig.Call
R
OVERALL SITE PLAN
Scope of Work
Color Legend
Overall Site Plan
Buena Vista Road
Exhibit C
E
369
369
365
362
370
365
365 370
370
370
369
371
370
370
370
371
371
372
365
362
369
Contour Legend:
Scope of Work
Color Legend
C-1.1
PRELIMINARY
NOT FOR
CONSTRUCTION
Fort Wayne, IN 46804
6202 Constitution Drive, Suite C
AG WATER (AGW)
1000 BUENA VISTA RD.
BAKERSFIELD, CA 9311
35.34640, -119.12552
Know what'sbelow.
before you dig.Call
R
TOPOGRAPHY PLAN
Topography Plan
Buena Vista Road
Exhibit C
C-1.2
FOR REFERENCE
ONLY
Fort Wayne, IN 46804
6202 Constitution Drive, Suite C
AG WATER (AGW)
1000 BUENA VISTA RD.
BAKERSFIELD, CA 9311
35.34640, -119.12552
SITE SURVEY
Exhibit C
E
Scope of Work
Color Legend
C-2
PRELIMINARY
NOT FOR
CONSTRUCTION
Fort Wayne, IN 46804
6202 Constitution Drive, Suite C
AG WATER (AGW)
1000 BUENA VISTA RD.
BAKERSFIELD, CA 9311
35.34640, -119.12552
Know what'sbelow.
before you dig.Call
R
ENLARGED SITE PLAN
Enlarged Site Plan
Exhibit C
Scope of Work
Color Legend
C-2.1
PRELIMINARY
NOT FOR
CONSTRUCTION
Fort Wayne, IN 46804
6202 Constitution Drive, Suite C
AG WATER (AGW)
1000 BUENA VISTA RD.
BAKERSFIELD, CA 9311
35.34640, -119.12552
Know what'sbelow.
before you dig.Call
R
DIMENSIONED SITE PLAN
Dimensioned Site Plan
Exhibit C
C-2.2
PRELIMINARY
NOT FOR
CONSTRUCTION
Fort Wayne, IN 46804
6202 Constitution Drive, Suite C
AG WATER (AGW)
1000 BUENA VISTA RD.
BAKERSFIELD, CA 9311
35.34640, -119.12552
Tower ASR Registration Sign1
RF Hazard Sign2
Site Contact Information Sign3
No Trespassing Sign4
No Smoking Sign5
SIGNAGE PLAN
Exhibit C
C-3
PRELIMINARY
NOT FOR
CONSTRUCTION
Fort Wayne, IN 46804
6202 Constitution Drive, Suite C
AG WATER (AGW)
1000 BUENA VISTA RD.
BAKERSFIELD, CA 9311
35.34640, -119.12552
TOWER ELEVATION AND ANTENNA
LOADING INFORMATION
4x3 Entry Port Detail2 1New Tower Elevation
Exhibit C
A-1
FOR REFERENCE
ONLY
Fort Wayne, IN 46804
6202 Constitution Drive, Suite C
AG WATER (AGW)
1000 BUENA VISTA RD.
BAKERSFIELD, CA 9311
35.34640, -119.12552
EQUIPMENT SHELTER FLOOR PLAN
Equipment Shelter Floor Plan
Color Legend
Exhibit C
Q-1
FOR REFERENCE
ONLY
Fort Wayne, IN 46804
6202 Constitution Drive, Suite C
AG WATER (AGW)
1000 BUENA VISTA RD.
BAKERSFIELD, CA 9311
35.34640, -119.12552
GENERATOR SPECIFICATIONS
Exhibit C
Q-1.1
FOR REFERENCE
ONLY
Fort Wayne, IN 46804
6202 Constitution Drive, Suite C
AG WATER (AGW)
1000 BUENA VISTA RD.
BAKERSFIELD, CA 9311
35.34640, -119.12552
GENERATOR SPECIFICATIONS
Exhibit C
Q-1.2
FOR REFERENCE
ONLY
Fort Wayne, IN 46804
6202 Constitution Drive, Suite C
AG WATER (AGW)
1000 BUENA VISTA RD.
BAKERSFIELD, CA 9311
35.34640, -119.12552
GENERATOR SPECIFICATIONS
Exhibit C
Q-1.3
FOR REFERENCE
ONLY
Fort Wayne, IN 46804
6202 Constitution Drive, Suite C
AG WATER (AGW)
1000 BUENA VISTA RD.
BAKERSFIELD, CA 9311
35.34640, -119.12552
ANTENNA SPECIFICATIONS
Exhibit C
Q-1.4
FOR REFERENCE
ONLY
Fort Wayne, IN 46804
6202 Constitution Drive, Suite C
AG WATER (AGW)
1000 BUENA VISTA RD.
BAKERSFIELD, CA 9311
35.34640, -119.12552
MICROWAVE ANTENNA SPECIFICATIONS
Exhibit C