ADMINISTRATIVE REPORT
MEETING DATE: August 5, 2026 AGENDA CATEGORY: Consent Ordinances TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: July 24, 2026
SUBJECT: First reading of an ordinance - Zone Change NO. 26-0001 amending Bakersfield Municipal Code Section 17.06.020 by changing the official zoning classification from R-2/PUD (Small Lot Single -Unit Dwelling/Planned Unit Development) to R-2 (Small Lot Single-Unit Dwelling) zone on 20.56 acres, generally located on the westside of Old River Road, approximately 700 feet north of Panama Lane. Use of previously adopted Mitigated Negative Declaration is proposed. The applicant is McIntosh & Associates, Inc., representing Old River Properties, LLC (property owner). (ZC 25-0001) (Ward 5)
RECOMMENDATION:
Staff and the Planning Commission recommend first reading of the Ordinance approving the change in zone classification from R-2/PUD to R-2, and use of a previously adopted Mitigated Negative Declaration.
BACKGROUND:
The proposed zone change from R-2/PUD (Small Lot Single-Unit Dwelling/Planned Unit Development) to R-2 (Small Lot Single-Unit Dwelling) zone on 20.56 acres is intended to facilitate the future residential development of 137 lots as part of Tentative Tract Map No. 7432. The Planning Commission will have the opportunity to consider the tentative tract map at a later hearing date.
In 2024, the developer was granted the approval of Zone Change No. 23-0287, intending to construct a residential community consisting of 134 dwelling units and a recreational facility on one large parcel. The community could have resulted in several types of residential units, such as apartments, townhomes, and standalone houses. Thus, the PUD overlay was an appropriate addition to ensure development standards were met, and Planning Commission could consider the development.
Since then, the developer has decided to process a tract map consisting of 137 lots, reflecting the City of Bakersfield’s updated General Plan Housing Element and comprehensive zoning ordinance update.
Consistency with the R-2 zone district requires the dwelling unit density to remain between 6.1 and thirteen dwelling units per net acres, which also maintains consistency with the General Plan designation of LR (Low Density Residential). The updated proposed R-2 development will maintain approximately 6.7 dwelling units per acre.
If the zone change is successfully approved the zone residential density will remain the same. Removing the PUD overlay zone will streamline the permitting process by eliminating the discretionary review process before the Planning Commission and replace it with the ministerial site plan review process consistent with the newly adopted 6th Cycle Housing Element 2023-2031.
Site History and Environmental Review
July 28, 1993 – City Council approved Zone Change No. 5432 to change the zone classification from A-20A (Agriculture – 20 acre minimum) to R-1 (Single-Unit Dwelling). (Ordinance No. 3549).
May 22, 2024 – City Council approved Zone Change No. 23 -0287 to change the zone classification from R -1 (Single -Unit Dwelling) to R -2/PUD (Small Lot Single -Unit Dwelling/Planned Unit Development). (Ordinance No. 5177). A Mitigated Negative Declaration was considered and adopted. (Resolution No. 11-24).
June 4, 2026 – The Planning Commission recommended to your Council to approve this Zone Change No. 26-0001 from R-2/PUD (Small Lot Single-Unit Dwelling/Planned Unit Development) to R-2 (Small Lot Single-Unit Dwelling) (Resolution No. 52-26).
A Mitigated Negative Declaration (MND) was previously adopted by your City Council for Zone Change No. 23-0287 on May 4, 2024, in accordance with the California Environmental Quality Act (CEQA). No new significant impacts, nor substantial increase in severity of impacts will result with the proposed Zone Change No. 26-0001 from those previously identified in Zone Change No. 23-0287. In accordance with CEQA Section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken, and no new environmental impacts have been identified. The lead agency has determined that the previously adopted Mitigated Negative Declaration by Resolution No. 11- 24 (SCH No. 2024010882) is applicable to this Zone Change No. 26-0001.
Updated technical memorandum completed for air quality (Trinity Consultants, November 26, 2925) and Biological Resource Evaluation (Pruett Biological Resource Consulting, January 27, 2025) determined that the proposed project would not result in any new significant environmental impacts. The previously adopted mitigation measures adequately address air quality and biological impacts, and no new information was provided from the updated studies. Accordingly, the lead agency has determined that mitigation from the previously adopted Mitigated Negative Declaration document is adequate, and the updated studies are considered a minor technical change pursuant to CEQA Section 15162.
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 of Bakersfield 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 the Planning Commission’s public hearing in accordance with city ordinance and state law. Signs are required as part of the public notification process and must be posted between 20 to 60 days prior to the Planning Commission hearing and remain posted until the City Councils final action. Photographs of the posted signage and the Declaration of Posting Public Hering Notice signed by the applicant are on file at the Planning Division. As of this writing, no written public comments have been received.
Planning Commission Action
The project was considered by Planning Commission on June 4, 2026. The commission unanimously voted in favor of the zone change from R-2/PUD (Small Lot Single-Unit Dwelling/Planned Unit Development) to R-2 (Small Lot Single-Unit Dwelling) to approve the project and recommend the same to City Council. The Planning Commission’s findings are contained in Resolution No. 52-26.
Consistency with the General Plan and Zoning Ordinance
The proposal is consistent with land use goals and policies as contained in the General Plan relating to residential development. Any future development proposed on the project site will be required to undergo a Site Plan Review, ensuring consistency with City development standards as put forth in the Zoning Ordinance. In summary, due to the fact the project has been found to be consistent with General Plan policies and City Zoning Ordinance requirements. City staff and the Planning Commission recommend that the City Council approve Zone Change No. 25-0001
FISCAL IMPACT:
The action to approve a zone change has incurred staff time and other resources, the developer has paid fees to cover staff time and other resources, the impact to the City General Fund is minimal.
COUNCIL GOAL:
Community Character & Quality of Life
Reliable Infrastructure
ATTACHMENTS:
1. City Council Ordinance for Zone Change No. 26-0001
2. Attachment A: Map Set
Aerial
Zone Classification
General Plan Designation
3. Attachment B: Mitigated Negative Declaration, previous Air Quality Memorandum
Biological Resources Evaluation
Resolution No. 11-24 (Zone Change No. 23-0287)
4. Attachment C: Planning Commission Resolution No. 52-26 (To Approve Zone Change No. 26-0001)
5. Attachment D: Planning Commission Staff Report