RESOLUTION NO.
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A
MITIGATED NEGATIVE DECLARATION FOR AN AMENDMENT TO THE
LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD
GENERAL PLAN AND ZONE CHANGE, GENERALLY LOCATED AT THE
SOUTHWEST CORNER OF TAFT HIGHWAY AND ASHE ROAD (9737
ASHE ROAD) (GPA/ZC NO. 23-0560).
WHEREAS, McIntosh and Associates, Inc. (applicant), on behalf of ATG Investments, LLC (property owner), is requesting: (1) an amendment of the land use map designation of the Metropolitan Bakersfield General Plan from HMR (High Medium Residential) to HR (High Dens ity Residential) on 18.50 acres and GC (General Commercial)on 6.36 acres or more restrictive designation; and (2) an amendment to Title 17 of the Bakersfield Municipal Code to change the zone classification from R -2 (Single Lot Single-Unit Dwelling) to R-3 (Medium Density Multi-Unit dwelling) zone on 18.50 acres and C-2 (Regional Commercial) on 6.36 acres or more restrictive zone on a total of 24.86 acres generally located on the southwes t corner of Taft Highway and Ashe Road. (the “Project”); and
WHEREAS, it was determined that the Project would not have a significant effect on the environment; therefore, a Mitigated Negative Declaration was prepared in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the Initial Study/Mitigated Negative Declaration was circulated for a public review period from March 30, 2026, through April 28, 2026, in accordance with CEQA; and
WHEREAS, the Planning Commission held a public hearing on July 16, 2026, and with no one wishing to speak in support or opposition, approved Resolution No. 64-26, which recommended that the City Council adopt a Mitigated Negative Declaration for the Project; and
WHEREAS, the Clerk of the City Council set Wednesday, August 26, 2026 at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider the proposed Negative Declaration as required by Government Code Section 65355, 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 preparation and adoption of Mitigated Negative Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been duly followed by City staff and the Planning Commission; and
WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, and the Planning Commission’s deliberation, and action.
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. All required public notices have been given. Hearing notices regarding the Project were mailed to property owners within 300 feet of the Project area and published in the Bakersfield Californian, a local newspaper of general circulation, 20 days prior to the hearing.
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 under CEQA.
3. A Mitigated Negative Declaration for the Project is the appropriate environmental document to accompany its approval as the Project will not significantly impact the physical environment.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows:
1. The above recitals, incorporated herein, are true and correct.
2. The Planning Commission’s findings as contained in its Resolution No. 64-26 are hereby adopted.
3. The Mitigated Negative Declaration for the Project is hereby adopted subject to the mitigation measures found in Exhibit A for the Project located on the map as shown in Exhibit B, both of which are incorporated herein.
o0o
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 26th day of August 2026, 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
Exhibit: A Mitigation Measures
B Location Map
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NEGATIVE DECLARATION
The City of Bakersfield ’s Development Services Department, Planning Division , has completed an initial study (attached) of the possible environmental effects of the following -described project and has determined that a Negative Declaration is appropriate. It has been found that the proposed p roject, as described and proposed to be mitigated (if required), will not have a significant effect on the environment. This determination has been made according to the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City of Bakersfield’s CEQA Implementation Procedures.
PROJECT NO. (or Title): General Plan Amendment/Zone Change No. 23-0560
COMMENT PERIOD BEGINS: March 30, 2026
COMMENT PERIOD ENDS: April 28, 2026
MITIGATION MEASURES (included in the proposed project to avoid potentially significant effects, if required) :
Air Quality Impact Mitigation Measures:
1. Prior to grading plan approval, the applicant/developer shall submit documentation to the Planning Division that they are compliant with air quality control measures and rules required by the San Joaquin Valley Air Pollution Control District. The documentation shall specify that the Project has complied with the SJVAPCD’ Indirect Source Rule (Rule 9510).
Biological Resources Impact Mitigation Measures:
2. Prior to ground disturbance and/or construction activities, the applicant/developer shall consult with and follow all California Department of Fish and Wildlife and United States Fish and Wildlife Service requirements related to listed plan ts and animal species protected under the Federal Endangered Species Act (FESA) and the California Endangered Species Act (CESA). Applicant/developer shall have a qualified professional conduct and prepare a biological resource clearance survey no less than 14 days and no more than 30 days prior to the beginning of ground disturbance and/or construction activities for the detection of listed, or otherwise special-status species, likely to be impacted by any project-related activity.
a. If known or natal dens are detected during the survey, protective measures enumerated in the USFWS Standardized Recommendations for Protection of Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (2011) shall be initiated. If the identified dens are unavoidable, pursuant to the guidelines, the CDFW and USFWS shall be contacted for additional guidance and take authorization.
b. If ground-disturbing activities are planned during the nesting season for migratory birds that may nest on or near the site (generally February 1 through August 31), nesting bird surveys are recommended prior to the commencement of ground disturbance for project activities. If nesting birds are present, no new construction or ground disturbance should occur within an appropriate avoidance area for that species until young have fledged, unless otherwise approved and monitored by a qualified onsite biologist. Appropriate avoidance should be determined by a qualified biologist. In general, minimum avoidance zones for active nests should be implemented as follows: 1) ground or low-shrub nesting non- raptors – 300 feet (91 meters); 2) burrowing owl – as appropriat e based on nest location, existing surrounding activity, and evaluation of owl behavior. Coordination with CDFW may be warranted. 3) Sensitive raptors (e.g., prairie falcon, golden eagle) – 0.5 miles (0.8 kilometers); 3) other raptors – 500 feet (152 meters).
0 BAKERSFIELD
THE SOUND OF ?)wtdJ/Wj ~
Exhibit A
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Cultural Resources Impact Mitigation Measures:
3. Prior to construction and as needed throughout the construction period, a cultural awareness training program shall be provided to all new construction workers within one week of employment at the p roject site. The training shall be prepared and conducted by a qualified cultural resources specialist.
4. If buried paleontological or cultural resources are encountered during construction or ground disturbance activities, all work within 50 feet of the find shall immediately cease and the area cordoned off until a qualified cultural and/or paleontological res ource specialist that meets the Secretary of the Interior’s Professional Qualification Standards can evaluate the findings and make recommendations. If the specialist determines that the discovery represents a potentially significant resource, additional investigations may be required. These additional studies may include avoidance, testing, and excavation. All reports, correspondence, and determinations regarding the discovery shall be submitted to the California Historical Resources Information System’s Southern San Joaquin Valley Information Center at California State University Bakersfield.
5. During construction, if human remains are discovered, further ground disturbance shall be prohibited pursuant to California Health and Safety Code Section 7050.5. The specific protocol, guidelines, and channels of communication outlined by the Native American Heritage Commission, in accordance with Health and Safety Code Section 7050.5, Public Resources Code 5097.97, and Senate Bill 447 shall be followed. In the event of the discovery of human remains, at the direction of the county coroner, Health and Safe ty Code Section 7050.5© shall guide Native American consultation.
Traffic Impact Mitigation Measures:
6. Prior to the issuance of building permits, the project applicant shall participate in the Regional Transportation Impact Fee (RTIF) program by paying the adopted fees in place for the land use type at time of development.
Exhibit A
A ARE
RE
RE
RE
RE
RE
RE
RE
R-2
R-2
R-2
R-2
R-2
R-2
R-2 R-1 R-1 R-1 R-1 R-1
R-1
R-1
R-1
C-1
R-2
R-2
R-2
R-2
R-2
BOGART DR
COMMONWEALTH
AVE
WHALEBACK AVE
PACKWOOD DR
MONHEGAN
WAY
FLAMENCO
WAY
WELLFLEET DR HATHAWAY AVE
PHILBIN WAY
FENCL CT
ASHE RD
ASHE RD
TAFT HWY
GPA/ZC 23-0560
R-2 to C-2
HMR to GC
GPA/ZC 23-0560
R-2 to R-3
HMR to HR
±
0 260 520
US Feet
Zoning
R-1 Single-Unit Dwelling
6,000 sq.ft. min lot size
R-1-4.5 Single-Unit 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
A-WR Agriculture-Water Recharge
Combining
PUD Planned Unit Development
TT Travel Trailer Park
MH Mobilehome
C-O Professional & 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 P
arking
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
PE Petroleum Extraction Combining
SC Senior Citizen Overlay
HD Hillside Development Combining
WM West Ming Specific Plan
General Plan Amendment/
Zone Change
No. 23-0560
CITY OF BAKERSFIELD
Exhibit B