RESOLUTION NO.
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A
MITIGATED NEGATIVE DECLARATION FOR A ZONE CHANGE,
GENERALLY LOCATED ON THE NORTHEAST CORNER OF JENKINS
ROAD AND AUSTIN CREEK AVENUE (ZC NO. 24-0004).
WHEREAS, Provost and Pritchard (applicant), representing North of the River Recreation and Park District (property owner), is requesting an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from OS (Open Space) and A (Agriculture) to RE (Recreation) on approximately 9.3 acres generally located on the northeast corner of Jenkins Road and Austin Creek Avenue. (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 July 10, 2026, to August 10, 2026, in accordance with CEQA; and
WHEREAS, the Planning Commission held a public hearing on September 17, 2026 and with no one wishing to speak in support or opposition, approved Resolution No. 68- 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, October 21, 2026 at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place before the City Council to consider the proposed Mitigated Negative Declaration as required by Government Code Section 65355; 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.
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 andcorrect.
2. The Planning Commission’s findings as contained in its Resolution No. 68-26 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 incorporatedherein. 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 the 21st day of October 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:
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
EXHIBIT “A”
MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION ZONE CHANGE NO. 24-0004
Biological Resources Impact Mitigation Measures:
1. A biological resource pre-activity survey conducted by a qualified biologist no more that 30- days before the start of construction activities.
2. Biological resource monitoring during each initial phase of ground disturbance.
3. Compliance reporting provided to the required oversight agencies for all biological resource field surveys, monitoring, and additional tasks as warranted.
4. A Worker Environmental Awareness Program outlining special-status species that may access, use or otherwise transverse the project area will be implemented.
5. If known or natal SJKF dens are identified at any time during construction, protocols enumerated in the USFWS Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (2011) should be implemented, and the appropriate agencies contacted for guidance.
6. Vertical sided trenching deeper than 2-feet will include escape ramps at no more than a 1:1 ratio every 100 feet.
7. Vertical sided holes that are not capable of being ramped should be covered or otherwise secured to the greatest extent practicable.
8. Pipes, conduit and similar material 3 inches or greater should be capped to prevent wildlife from becoming inadvertently trapped in the piping.
9. 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.
10. 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.
11. Minimum avoidance zones for active nests should be implemented as follows: Ground or lowshrub nesting non-raptors – 300 feet (91 meters); Burrowing owl – as appropriate based on nest location, existing surrounding activity, and evaluation of owl behavior. Coordination with CDFW may be warranted; Sensitive raptors (e.g., prairie falcon, golden eagle) – 0.5 miles (0.8 kilometers); and other raptors – 500 feet (152 meters).
Cultural Resources Impact Mitigation Measures:
1. No cultural resources were identified. No further work is required. If archaeological resources are encountered during the course of construction, a qualified archaeologist should be consulted for further evaluation to include any tribal cultural resources.
Exhibit A
GPA No. 21-0302
2. If human remains or potential human remains are observed during construction, work in the vicinity of the remains will cease, and they will be treated in accordance with the provisions of State Health and Safety Code Section 7050.5. The protection of human remains follows California Public Resources Codes, Sections 5097.94, 5097.98, and 5097.99, and 5024.1 resource to a California Native American tribe.
Geology and Soils/Paleontological Mitigation Measures:
1. During construction, if paleontological 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 paleontological resource specialist can evaluate the find and make recommendations. If the specialist determines that the discovery represents a potentially significant paleontological resource, additional investigations may be required.
These additional studies may include fossil salvage. Ground disturbance in the vicinity of the discovery site (within 50 feet) shall not resume until the resource-appropriate measures are implemented or the materials are determined to be less than significant.
EXHIBIT "B"