RESOLUTION NO. _____________
VM\S:\05_Land Division\PP-TCTM-25-0005_VTTM 7451_SW Corner Of Renfro Rd And Olive Dr\08_Appeal\Draft 2\01_Council Resolution_Deny Appeal And Approve VTTM No. 7451_Clean.Docx
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL DENYING THE
APPEAL AND APPROVING VESTING TENTATIVE TRACT MAP NO.
7451 (PHASED) LOCATED GENERALLY SOUTHEAST OF OLIVE DRIVE AND SANTA FE WAY.
WHEREAS, McIntosh & Associates (Applicant), representing Diamond Farming Company ( Property Owner ), filed an application with the City of Bakersfield Planning Department requesting a Vesting Tentative Tract Map No. 7451 (the “Project”), and a request for alternate lot, street and storm drain design, consisting of 313 residential lots, 1 multi-use trail, and 1 park lot on 40.77 acres located generally southeast of Olive Drive and Santa Fe Way, as shown on attached Exhibit “B” (the “Project”); and
WHEREAS, the application was deemed complete on January 6, 2026; and
WHEREAS, the Secretary of the Planning Commission, did set, Thursday, June 4 , 2026, at 5:30 p.m. or as soon thereafter in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the Planning Commission to consider the Project, and notice of the public hearing was given in the manner provided in Title 16 of the Bakersfield Municipal Code; and
WHEREAS, After the public hearing concluded, the Planning Commission unanimously approved the project, with five speakers in favor and no speakers in opposition. Notably, two Commissioners were absent during the vote (Resolution 55-26); and
WHEREAS, On June 9, 2026, The Sierra Club, the appellant, filed a written appeal with the City Clerk to the Planning Commission’s decision to approve the Project; and
WHEREAS, the City Council, through the City Clerk, did set the time and place of the public hearing as Wednesday, August 26, 2026, at 5:30 p.m. or as soon thereafter in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, to consider the appeal, and notice of the public hearing was given in the manner provided in Title 16 of the Bakersfield Municipal Code; and
WHEREAS, on August 26, 2026, at the request of the Applicant and with the concurrence of The Sierra Club , the Appellant, the public hearing was opened and continued to the regularly scheduled City Council meeting of September 16, 2026; and
WHEREAS, during the September 16, 2026, public hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, and the Planning Commission’s action; and
WHEREAS, staff has determined the Project will not significantly effect the environment and, pursuant to State California Environmental Quality Act (CEQA) Guidelines Section 15162, the Mitigated Negative Declaration (MND) is adequate and no further environmental documentation is necessary; and
WHEREAS, the laws and regulations relating to CEQA and the City of Bakersfield's CEQA Implementation Procedures have been duly followed by city staff , the Planning Commission, and City Council; and
WHEREAS, the City of Bakersfield Planning Department (1715 Chester Avenue, Bakersfield, California) is the custodian of all documents and other materials upon which the environmental determination is based; and
WHEREAS, the facts presented in the staff report, environmental review, and evidence received both in writing and by verbal testimony at the above-referenced public hearing support the findings contained in this resolution; and
WHEREAS, the Council has considered and hereby make the following finding:
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, 10 days prior to the hearing.
2. A Mitigated Negative Declaration for the Project is the appropriate environmental document to accompany its approval. In accordance with the State CEQA Guidelines, staff prepared an initial study and indicated that because mitigation measures relating to b iological resources, cultural resources and air quality analysis have been incorporated into the Project, the Project will have less than significant impact on the physical environment.
3. The proposed map is consistent with applicable general and specific plans as specified in Section 65451.
4. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans.
5. The site is physically suitable for the type of development.
6. The site is physically suitable for the proposed density of development.
7. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
8. The design of the subdivision or type of improvements is not likely to cause serious public health problems.
9. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
10. Urban services are available for the proposed development. The Project is within an area to be served by all necessary utilities and waste disposal systems. Improvements proposed as part of the Project will deliver utilities to the individual lots or parcels to be created.
11. Mineral right owners' signatures may be waived on the final map pursuant to Bakersfield Municipal Code Section 16.20.060 .A.1. The applicant has provided evidence with the Project application that it is appropriate to waive mineral right owners’ signatures because in accordance with BMC Section 16.20.060 A.1., the party’s right of surface entry has been waived by recorded document prior to recordation of any final map.
12. The conditions of approval are necessary for orderly development and to provide for public health, welfare, and safety.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows:
1. The above recitals and findings incorporated herein, are true and correct.
2. The decision of the Planning Commission is upheld, subject to conditions of approval shown in attached Exhibit “A”.
3. The appeal is denied.
4. Vesting Tentative Tract Map No. 7451 is hereby approved, subject to the conditions of approval shown in attached Exhibit “A” and shown in attached Exhibit “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 thereof held on September 16, 2026, by the following vote:
AYES: COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER: _______________________________________________________________ ABSTAIN: COUNCILMEMBER: _______________________________________________________________ ABSENT: COUNCILMEMBER: _______________________________________________________________
_______________________________________
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED
_______________________________
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 with Zoning
C Tentative Map