JF S:\15_Zone Change\01_Active\2024\PP-ZC-24-0004_Austin Creek Park Prezone\01_Hearing Documents & Noticing Documents\PC\Zone Change 24-0004-escribe.docx
CITY OF BAKERSFIELD
PLANNING COMMISSION
STAFF REPORT
MEETING DATE: September 17, 2026 AGENDA CATEGORY: 5.d
TO: Chair and Members of the Planning Commission
FROM: Jennie Eng, Assistant Planning Director J. Eng
DATE: September 11, 2026
FILE: Zone Change No. 24-0004
STAFF PLANNER: Jose Fernandez, Associate Planner
REQUEST: A request to change the prezone classification from OS (Open Space) and A (Agriculture) to RE (Recreation) or a more restrictive district on 9.3 acres (Ward 4).
APPLICANT: Provost and Pritchard OWNER: North of the River (NOR) 1518 Mill Rock Way, Ste 100 3825 Riverlakes Drive
Bakersfield, CA 93311 Bakersfield, CA 93312
LOCATION: Northeast corner of Jenkins Road APN: 529-012-10 and -011 and Austin Creek Avenue.
PROJECT SIZE: 9.3 acres CEQA: Mitigated Negative Declaration EXISTING GENERAL PLAN DESIGNATION: OS-P (Parks and Recreation) EXISTING PREZONE CLASSIFICATION: OS (Open Space) and A (Agriculture) STAFF RECOMMENDATION:
Staff recommends approval of the Zone Change, its Mitigated Negative Declaration, and recommends the same to City Council.
SITE CHARATERISTICS: The project site is undeveloped land. Surrounding properties are primarily developed as: north – undeveloped residentially zoned land and undeveloped industrial land; east -a school district transportation facility zoned agriculture; south – developed residentially zoned land; westundeveloped residential zoned land.
File No. ZC 24-0004 Page 2
BACKGROUND AND TIMELINE:
• January 28, 1998 – City Council approved an amendment to the city zoning map by prezoning property located in the metropolitan Bakersfield area within the City’s sphere of influence boundary, which includes a portion of the project area (Ordinance No. 3819) • September 13, 2000 – City Council approved Zone Change No. 99-0872 to change the zoning to OS (Open Space) for various City and North of the River Recreation and Parks District (NOR) parks on portion of the project area (Ordinance No 3979).
PROJECT ANALYSIS:
Zone Change (“ZC”). The applicant is requesting a zone change classification from prezone OS (Open Space) and A (Agriculture) to RE (Recreation), or a more restrictive zoning district, for approximately 9.3 acres. The proposed zone change would establish a zoning designation appropriate for the future development and use of the property as a community park.
The project area is currently located outside the incorporated limits of the City of Bakersfield. Therefore, the proposed zone change constitutes prezoning in anticipation of future annexation into the City. If the property is subsequently annexed, the property would be assigned the RE (Recreation) zoning designation, as proposed, unless otherwise amended through a subsequent City action.
Prezoning. Prezoning establishes the City's intended zoning designation for unincorporated territory that is anticipated to be annexed into the City. State law generally requires a city to prezone territory proposed for annexation or provide evidence satisfactory to the Local Agency Formation Commission (LAFCo) that existing development entitlements are vested, at buildout, and consistent with the City's General Plan.
Prezoning provides several benefits. First, it establishes the City's intended zoning regulations that would become applicable upon annexation, providing property owners and surrounding residents with advance notice of the land use regulations that would govern the property following annexation. Second, prezoning communicates the City's intended future land use and development pattern to LAFCo as part of the annexation process.
Following annexation, the City is generally restricted for a period of two years from the effective date of annexation from amending the General Plan designation or zoning of the annexed territory in a manner that departs from the approved prezoning. This restriction may be waived if the City determines, following a public hearing, that a substantial change in circumstances has occurred that necessitates a departure from the prezoning.
The proposed prezoning is consistent with the property's OS-P (Parks and Recreation) General Plan land use designation, which provides for parks and recreational facilities. The proposed RE (Recreation) zoning designation would establish a zoning framework that is compatible with the property's planned use as a community park. Staff has also reviewed the identified parcels and notes that none are located within an identified physical constraint or hazard area that would preclude sustainable development of the property.
File No. ZC 24-0004 Page 3
Future Project Proposal. The proposed zone change would facilitate the future development of approximately 9.3 acres as a community park. The conceptual proposal includes two multipurpose athletic fields, two adult softball fields, two basketball courts, children's play structures, and a restroom facility.
The proposed improvements would provide opportunities for organized sports, active recreation, and neighborhood-serving recreational activities for children, youth, and adults.
A conceptual site plan has been provided for informational purposes; however, formal site development plans have not been submitted for City review. Accordingly, approval of the proposed zone change and prezoning would not constitute approval of the conceptual site plan or authorize construction of the proposed park improvements. Following annexation, any future development would be subject to the City's applicable development review process and all required permits and approvals.
Local Agency Formation Commission. The Local Agency Formation Commission (LAFCo) is responsible for overseeing changes in local governmental organization and jurisdictional boundaries within each county.
LAFCo has the authority to approve, disapprove, or conditionally approve proposals involving the formation of cities, annexation or detachment of territory, and other changes to the organization or jurisdiction of local government agencies. For this proposal, LAFCo's role would occur in connection with any future annexation of the property into the City of Bakersfield. The proposed prezoning establishes the City's intended zoning designation for the property in advance of annexation and provides LAFCo with notice of the City's intended future use of the territory.
Compatibility with Land Use Element. Staff has reviewed the proposal for compatibility with the applicable goals and policies contained within the Metropolitan Bakersfield General Plan Land Use Element and finds the following:
• Goal 2: Accommodate new development which provides a full mix of uses to support its population.
The proposed prezoning is consistent with Goal 2 because the project would facilitate the future development of approximately 9.3 acres as a community park providing recreational opportunities for the surrounding community. The proposed park would complement existing and future residential and other urban land uses by providing active recreational facilities, including multipurpose athletic fields, adult softball fields, basketball courts, and children's play areas. The project would therefore contribute to a broader mix of community-serving uses that support the needs of the local population. • Goal 3: Accommodate new development which is compatible with and complements existing land uses.
The proposed prezoning is consistent with Goal 3 because the proposed RE (Recreation) zoning designation is compatible with the property's existing OS-P (Parks and Recreation) General Plan land use designation. The proposed community park would provide a public recreational use that complements surrounding development by introducing neighborhood-serving recreational facilities and open space.
The proposed use is also consistent with the intent of the OS-P designation, which provides for parks and recreational facilities.
• Goal 4: Accommodate new development which channels land uses in a phased, orderly manner and is coordinated with the provision of infrastructure and public improvements.
File No. ZC 24-0004 Page 4
The proposed prezoning is consistent with Goal 4 because it establishes an appropriate City zoning designation in anticipation of future annexation and potential development of the property as a community park. The proposed prezoning would allow the City to establish the regulatory framework for the property before annexation, while future development would remain subject to applicable City development standards and review requirements. Any required infrastructure and public improvements would be evaluated as part of the future development review process. • Goal 6: Accommodate new development that is sensitive to the natural environment, and accounts for environmental hazards.
The proposed prezoning is consistent with Goal 6 because the proposed RE zoning designation is intended to facilitate a recreational use consistent with the property's OS-P General Plan designation. While the current request does not authorize physical development, any future development of the property would be subject to applicable environmental review, development standards, and regulations addressing sitespecific environmental conditions and hazards. These requirements would be evaluated through the City's development review process prior to construction.
• Policy 50: Coordinate with the appropriate agencies so that adequate land and facilities are set aside for schools, parks, police/fire, libraries, cultural facilities, recreational facilities and other service uses to serve the community.
The proposed project is directly consistent with Policy 50 because it would establish a zoning framework that facilitates the future development of approximately 9.3 acres for park and recreational purposes. The proposed community park would provide additional recreational land and facilities, including athletic fields, basketball courts, children's play structures, and associated facilities, thereby contributing to the provision of recreational opportunities to serve the community. • Policy 52: Locate new development where infrastructure is available or can be expanded to serve the proposed development.
The proposed prezoning is consistent with Policy 52. Although the current application does not authorize physical development, any future development of the property as a community park would be required to demonstrate that adequate infrastructure and public services are available or can be extended to serve the proposed improvements. Applicable infrastructure requirements, including water, sanitary sewer, access, drainage, and fire protection, would be evaluated during the future development review process. • Policy 53: Ensure that land use and infrastructure development are coordinated.
The proposed prezoning is consistent with Policy 53 because it establishes the City's intended zoning designation in advance of annexation and future development, allowing future improvements to be coordinated with the provision of necessary infrastructure and public services. Any future construction of the proposed park facilities would be required to comply with applicable City standards and infrastructure requirements through the City's development review and permitting processes. • Policy 75: Provide adequate land area for the expansion of existing uses and development of new uses consistent with the policies of the general plan.
File No. ZC 24-0004 Page 5
The proposed prezoning is consistent with Policy 75 because it establishes an appropriate zoning designation for approximately 9.3 acres that are designated OS-P (Parks and Recreation) by the General Plan. The proposed RE zoning would facilitate the development of a new community park and associated recreational facilities consistent with the property's planned land use designation. The proposed action therefore provides an appropriate regulatory framework for the future development of recreational facilities identified for the property.
ENVIRONMENTAL REVIEW AND DETERMINATION:
In accordance with the California Environmental Quality Act (“CEQA”), Staff prepared an initial study to review the potential environmental impacts of the project. The Initial Study was based on project-specific analysis and technical studies such as a Biological Review and Cultural Review.
The Initial Study determined that compliance with recommended mitigation measures, local ordinances, state laws, and construction to the standards of the Uniform Building Codes will reduce impacts to a lessthan- significant level. Incorporation of mitigation measures for biological, cultural and paleontological resources reduce impacts to less than significant levels. Therefore, a Mitigated Negative Declaration (“MND”) was prepared for this project in accordance with CEQA. The MND was circulated for a 30-day public and agency review period from July 10, 2026, to August 10, 2026 (SCH No. 2026070151).
Comments Received. As of this writing, no written public comments have been received.
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 this 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 before the public hearing date. Photographs of the posted signage and the Declaration of Posting Public Hearing Notice signed by the applicant are on file at the Planning Division.
Comments Received. As of this writing, no written public comments have been received.
CONCLUSIONS:
Consistency with General Plan and Zoning Ordinance. The proposal is consistent with land use goals and policies as contained in the General Plan, which encourages continuity of existing development and allows incremental expansion of infrastructure. Additionally, the project would encourage infill of a vacant expansion area. As noted above, any future development will comply with all applicable regulations and design standards as identified in the Zoning Ordinance.
Recommendation. Staff finds that the applicable provisions of CEQA have been complied with, and the proposal is compatible with the existing land use designation and land uses in the surrounding area. Based on information in the record, Staff recommends your Commission: (1) Approve Resolution ADOPTING a Mitigated Negative Declaration pursuant to Section 15074 of the California Environmental Quality Act; and (2) adopt Resolution APPROVING the prezone change from OS (Open Space) and A (Agriculture) to RE (Recreation) or a more restrictive district and recommend same to City Council.
File No. ZC 24-0004 Page 6
ATTACHMENTS:
Attachment A: Map Set
• Aerial
• Zone Classification
• General Plan Designation
Attachment B: Mitigated Negative Declaration
• Biological Resources Review
• Cultural Resources Review
Attachment C: Planning Commission Draft Resolutions