HomeMy WebLinkAboutGPA_ZC 23-0012 Staff Report
CITY OF BAKERSFIELD
PLANNING COMMISSION
MEETING DATE: November 2, 2023 AGENDA: 5.a
TO: Chair Bashirtash and Members of the Planning Commission
FROM: Paul Johnson, Planning Director RN for PJ
DATE: October 27, 2023
WARD: 1
FILE: GPA/ZC No. 23-0012
STAFF PLANNER: Yazid Alawgarey, Associate Planner I
REQUEST: (1) General Plan Amendment to change land use designation from GC (General Commercial
and LR (Low Density Residential) to HMR (High Medium Residential); and (2) Zone Change to change the
zone classification from R-1 (One Family Dwelling) zone to R-3 (Multiple-Family Dwelling) zone on
approximately 5.65 acres.
APPLICANT: Wiley D. Hughes Surveying, Inc. OWNER: Rami Fahil
218 S H St #203 12805 Crystal Cove Avenue
Bakersfield, CA 93304 Bakersfield, CA 93311
PROJECT LOCATION: Generally located on the south side of Wilson Road between Edmonton Street and
Actis Street.
APNs: 441-382-03, 04, 08
PROJECT SIZE: 5.65 acres CEQA: Mitigated Negative Declaration
EXISTING GENERAL PLAN DESIGNATION: GC (General Commercial), LR (Low Density Residential)
EXISTING ZONE CLASSIFICATION: R-1 (One Family Dwelling)
STAFF RECOMMENDATION: (1) Adopt Resolution ADOPTING Mitigated Negative Declaration pursuant to
Section 15074 of the California Environmental Quality Act; (2) adopt Resolution APPROVING the general
plan amendment to change the land use designation from GC and LR to HMR or a more restrictive
designation; and (3) adopt Resolution APPROVING change in zone classification from R-1 to R-3 or a more
restrictive classification, and recommend the same to City Council.
SITE CHARACTERISTICS: The project site consists of three (3) contiguous parcels and developed with a
banquet hall and outdoor reception area. Surrounding properties are primarily developed as: north -
Elementary school and single-family residential; east – Salvation Army and multi-family residential; south
- single-family residential and west - multi-family residential.
GPA/ZC 23-0012 Page 2
BACKGROUND AND TIMELINE:
• March 30, 1971 – City Council approved the annexation of one parcel of the project site to the City
of Bakersfield (Akers No. 1; Ordinance No. 1937).
• June 7, 1971 – City Council approved pre-zoning classification of R-1 (One Family Dwelling) for this
parcel as part of a larger pre-zoning (Ordinance No. 1941).
• September 14, 1977 – City Council approved the annexation of two parcels of the project site to the
City of Bakersfield as part of a larger annexation (Wilson Road No. 3; Ordinance No. 2379).
• October 26, 1977 – City Council approved pre-zoning classification of R-1 for these parcels as part
of a larger pre-zoning (Ordinance No. 2380).
PROJECT ANALYSIS:
General Plan Amendment/Zone Change (“GPA/ZC”). The proposed request is a General Plan Amendment
to change land use designation from GC (General Commercial) and LR (Low Density Residential) to HMR
(High Medium Density Residential), and a zone change from R-1 (One Family Dwelling) to R-3 (Multiple-
Family Dwelling) on approximately 5.65 acres.
According to the applicant, the request is intended to facilitate future development of an apartment
complex, where the proposed GPA/ZC would allow for up to 98 units. However, staff notes that no site
development plans have been submitted for formal review. Therefore, there are two options in reviewing
plans based on how the zone change request is approved:
(1) Approve Zone Change as Requested. If the zone change is approved to R-3 as requested, an application
for site plan approval is required. The project will be reviewed by the Site Plan Review (SPR) Committee,
as listed below, for compliance with City development standards. The Development Services Director may
then approve, conditionally approve, or deny the site plan. There is no requirement for Planning
Commission consideration unless the Development Services Director’s decision is appealed.
• Development Services Department/Building Division
• Development Services Department/Planning Division
• Fire Department
• Water Resources
• Public Works Department/Engineering Division
• Public Works Department/Traffic Division
• Public Works Department/Solid Waste Division
• Recreation and Parks Department (as needed)
• Bakersfield Police Department (as needed)
(2) Approve Zone Change with a More Restrictive Classification. If a more restrictive classification is
approved, the most plausible classification is the R-3/PUD (Multiple-Family Dwelling/Planned Unit
Development) combining zone. The development plans would be processed through a similar review as
previously mentioned; however, instead of the Development Services Director approving the plans, the
Planning Commission would consider the plans at a regularly scheduled meeting.
GPA/ZC 23-0012 Page 3
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 1: Accommodate new development which captures the economic demands generated by the
marketplace and establishes Bakersfield’s role as the capital of the southern San Joaquin Valley.
The project is new residential development that captures the current residential marketplace within
the southern San Joaquin Valley by providing denser but thoughtful residential development.
• Goal 2: Accommodate new development which provides a full mix of uses to support its population.
The project is consistent with this goal because the property owner determined the market is driving
a need for multi-family residential within the project area. Additionally, the State encourages the
densification of residential uses within cities throughout California.
• Goal 3: Accommodate new development which is compatible with and complements existing land
uses.
The project is consistent with this goal by providing multi-family residential housing densification to
support the local population.
• 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.
The necessary infrastructure and public improvements are available to accommodate multiple-
family residential developments or, if the project is approved, will be developed through the fair-
share payment of impacts fees by the property owner. Therefore, the project is consistent with this
goal.
• Policy 2: Allow for the development of a variety of residential types and densities.
The project provides multiple-family land use within an area that consists of both single-family and
multi-family residential use. Allowing multiple-family residential at the site would allow for the
increased development of a variety of residential types and densities beyond the current condition.
Therefore, the project is consistent with this policy.
• Policy 3: Ensure that residential uses are located within proximity to commercial services,
employment centers, public services, transportation routes, and recreational and cultural
resources.
The proposed project site is directly south of an existing school and with adjacent commercial
services. There are nearby employment centers as well as others throughout the city that can be
easily accessed via the existing circulation system.
• Policy 11: Encourage that all new high and high-medium density residential designations be on a
contiguous area of at least 5 acres.
The project would change the density to a high-medium density residential designation that is
approximately 5.65 acres of contiguous area.
GPA/ZC 23-0012 Page 4
• 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.
The project site is located on existing residential land near residential land uses. Therefore,
adequate land is available for the project, and the project expands existing residential land uses at
a different density. Therefore, the project is consistent with this policy.
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 the following
project-specific analysis and technical studies: Air Quality Assessment; Biological Resources Study; Phase
I Cultural Resource Survey; and Traffic study with Vehicle Miles Traveled Analysis.
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 less-
than- significant level. 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
September 1, 2023, to October 2, 2023 (SCH No. 2023080738).
Comments Received. As of this writing, no comments have been received in response to the Initial Study.
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 Development Services Building,
1715 Chester 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 comments have been received in response to the public
hearing notice.
Tribal Consultation. In accordance with Senate Bill (SB) 18, a letter was sent by staff on April 24, 2023, to
inform the American Indian Tribes about the proposed project and its site location. This notification marks
the initiation of the 90-day consultation period mandated by SB 18. At present, no request for tribal
consultation has been received.
Community Outreach. In February 2023, the applicant disseminated informational flyers to property
owners residing within a 300-foot radius of the project location. The applicant reported that there was no
response or feedback from the local community; consequently, the applicant determined a neighborhood
meeting was not necessary.
CONCLUSIONS:
Consistency with Surrounding Development. The project would provide for a denser residential use to
complement the existing single-family and multiple-family residential development in the area.
GPA/ZC 23-0012 Page 5
Consistency with General Plan/Zoning Ordinance. The proposal is consistent with land use goals and
policies as contained in the General Plan related to multi-family development, as noted above. Should the
applicant submit site development plans, they will be reviewed for compliance with requirements and
regulations as set forth in the Bakersfield Municipal Code Title 17 (Zoning Ordinance) and City
Development Standards.
Recommendation. Staff finds that the applicable provisions of CEQA have been complied with, and the
proposal is compatible with the surrounding area, land use designation, and zoning ordinance.
Therefore, staff recommends your Commission: (1) Adopt Resolution ADOPTING a Mitigated Negative
Declaration pursuant to the California Environmental Quality Act; (2) adopt Resolution APPROVING
general plan amendment to change the land use designation from GC and LR to HMR; and (3) adopt
Resolution APPROVING change in zone classification from R-1 to R-3.
ATTACHMENTS:
Attachment A: Map Set
• GPA/ZC Aerial
• GPA/ZC Zone Classification
• GPA/ZC General Plan Designation
Attachment B: Mitigated Negative Declaration with Attachments
Attachment C: Planning Commission Draft Resolutions
• Adopt MND with Attachments
• Approve GPA with Attachments
• Approve ZC with Attachments
RESOLUTION NO.
RESOLUTION OF THE BAKERSFIELD PLANNING
COMMISSION RECOMMENDING THAT THE CITY
COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION
FOR AN AMENDMENT TO THE LAND USE MAP AND ZONE
CHANGE, GENERALLY LOCATED ON THE SOUTHSIDE OF
WILSON ROAD BETWEEN EDMONTON STREET AND ACTIS
STREET (GPA/ZC NO. 23-0012).
WHEREAS, Wiley D. Hughes Surveying, Inc. (applicant), representing Rami Fahil
(property owner), is requesting an amendment to the land use map designation of the
Metropolitan Bakersfield General Plan from GC (General Commercial) and LR (Low
Density Residential) to HMR (High Medium Residential) and an amendment to Title 17 of
the Bakersfield Municipal Code to change the Zone District from R-1 (Single Family
Dwelling Zone) to R-3 (Multiple-Family Dwelling Zone) on approximately 5.65 acres
generally located on the southside of Wilson Road between Edmonton Street and Actis
Street. (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 Secretary of the Planning Commission set Thursday, November 2,
2023 at 5:30 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 Planning Commission to
consider the proposed Mitigated Negative Declaration and Project as required by
Government Code Section 65353, 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
Notice of Exemptions 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, the City of Bakersfield Development Services 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 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. The MND was circulated for
public review between September 1, 2023, and October 2, 2023. 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.
Page 1 of 2
Page 2 of 2
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 Planning
Commission as follows:
1.The above recitals, incorporated herein, are true and correct.
2.The Mitigated Negative Declaration is hereby recommended for
adoption by the City Council.
3.The project is subject to mitigation measures found in Exhibit A for the
Project located on the map as shown in Exhibit B, both of which are
incorporated herein.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Planning Commission of the City of Bakersfield at a regular meeting thereof held on the
2nd of November 2023, on a motion by _______ and seconded by _________, by the
following vote.
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED
__________________________________________
Zachary Bashirtash, CHAIR
City of Bakersfield Planning Commission
Exhibits (attached):
Exhibit A: Mitigation Measures
Exhibit B: Location Map
EXHIBIT “A”
MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION
GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 23-0012
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’s Indirect Source Rule
(Rule 9510).
Biological Resources Impact Mitigation Measures:
2. Prior to ground disturbance, the applicant/developer shall have a California
Department of Fish and Wildlife (CDFW) approved wildlife biologist (“qualified
biologist”) survey the location for any species identified as candidate, sensitive, or
special status by local, CDFW, or USFWS regulations (i.e., Tipton kangaroo rat, San
Joaquin kit fox, San Joaquin antelope squirrel, and Bakersfield cactus). If the
Metropolitan Bakersfield Habitat Conservation Plan incidental take permit for urban
development is active, the applicant/developer shall comply with the mitigation
measures of the permit. Survey protocol shall be that recommended by CDFW. The
applicant/developer shall be subject to additional mitigation and/or avoidance
measures recommended by the qualified biologist to avoid any identified species on
site. A copy of the survey shall be provided to the Planning Division and wildlife
agencies no more than 30 days prior to ground disturbance.
3. Prior to ground disturbance, a focused survey for burrowing owl shall be submitted to
California Department of Fish and Wildlife (CDFW) and Planning Division by the
applicant/developer. The survey shall follow the methodology developed by the
California Burrowing Owl Consortium (CBOC 1993).
If the survey results identify the presence of burrowing owl nests, prior to grading
(including staging, clearing, and grubbing), surveys for active nests shall be conducted
by a qualified wildlife biologist no more than 30 days prior to the start of any ground
disturbance and in a sufficient area around the work site to identify any nests that are
present and to determine their status. A sufficient area means any nest within an area
that could potentially be affected directly and/or indirectly by the Project. In addition
to direct impacts, such as nest destruction, nests might be affected by noise, vibration,
odors, and movement of workers or equipment. If the Project applicant identifies active
nests, CDFW shall be notified and recommended protocols for mitigation shall be
followed, and a copy of the mitigation protocols shall be submitted to Planning Division.
If any ground disturbing activities occur during the burrowing owl nesting season
(approximately February 1 through August 31), and potential burrowing owl burrows are
present within the Project footprint, avoidance measures shall be implemented. In the
event that burrowing owls are found, the applicant/developer shall follow CDFW
protocol for mitigation and comply with the provisions of the Migratory Bird Treaty Act.
4. The reconnaissance-level survey performed by Soar Environmental Consulting Biological
Resource Assessment 2023 requires mitigation measures for the Western Mastiff Bat roost
detected in trees as follows:
• Prioritize limbs without roost features such as crevices and cavities to be trimmed first
to encourage bats to vacate roost features.
• Create noise and vibration disturbance on the tree such as concussive hitting with
equipment and/or chainsaw cutting for at least two minutes before working areas with
roost features.
• Where feasible, carefully cut successive sections above the cavity to open it, waiting
up to ten minutes in between each cut, and inspect to assess if cavity is empty or allow
any bats inside to crawl or fly out.
• Where feasible, leave large limbs with roost features on the ground overnight to allow
remaining bats to vacate.
For Western Mastiff Bat roost detected in building:
• Avoid activities during maternity roosting between April and August.
Cultural Resources Impact Mitigation Measures:
5. Prior to construction and as needed throughout the construction period, a construction
worker cultural awareness training program shall be provided to all new construction
workers within one week of employment at the Project site. The training shall be
prepared and conducted by a qualified cultural resources specialist.
6. During construction, if 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 resource specialist that meets the Secretary
of the Interior’s Professional Qualification Standards can evaluate the find and make
recommendations. If the specialist determines that the discovery represents a
potentially significant cultural 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.
7. 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 Safety Code Section 7050.5(c) shall guide Native American consultation.
Paleontological Resources Mitigation Measures:
8. 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.
EDMONTON STPOSADA AVESANDPIPER RDCAPELLA CT
TREANNA AVE ACTIS STWILSON RDSTINE RDSTINECANALStine
Elementary
School
9/28/2023
0 100 200
Feet
_
GPA/ZC 23-0012
GPA/ZC 23-0012
LR, GC to HMR
R-1 to R-3
AERIAL
AE
AuE
CITY OF BAKERSFIELD EXHIBIT B
Page 1 of 2
RESOLUTION NO.
RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE AN
AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE
METROPOLITAN BAKERSFIELD GENERAL PLAN FROM
GC (GENERAL COMMERCIAL) AND LR (LOW DENSITY RESIDENTIAL) TO HMR (HIGH MEDIUM RESIDENTIAL),
GENERALLY LOCATED ON THE SOUTHSIDE OF WILSON
ROAD BETWEEN EDMONTON STREET AND ACTIS STREET (GPA/
ZC NO. 23-0012).
WHEREAS, Wiley D. Hughes Surveying, Inc. (applicant), representing Rami Fahil
(property owner), is requesting an amendment to the land use map designation of the
Metropolitan Bakersfield General Plan from GC (General Commercial) and LR (Low
Density Residential) to HMR (High Medium Residential) and an amendment to Title 17 of
the Bakersfield Municipal Code to change the Zone District from R-1 (Single Family
Dwelling Zone) to R-3 (Multiple-Family Dwelling Zone) on approximately 5.65 acres
generally located on the southside of Wilson Road between Edmonton Street and Actis
Street. (the “Project”); and
WHEREAS, adoption of a Mitigated Negative Declaration for the Project has been
recommended; and
WHEREAS, the Secretary of the Planning Commission set Thursday, November 2,
2023 at 5:30 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 Planning Commission
to consider the proposed Mitigated Negative Declaration and Project as required by
Government Code Section 65353, and notice of the public hearing was given in the
manner provided in Title 17 of the Bakersfield Municipal Code; and
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
proposed 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.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 and an initial study
was completed.
3.The public necessity, general welfare, and good planning practices justify
the Project.
4.The Project is compatible with the land use designations and development
of surrounding properties and is internally consistent with the Metropolitan
Bakersfield General Plan.
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield Planning Commission as
follows:
1. The above recitals, incorporated herein, are true and correct.
2. The Project is hereby recommended for approval by the City Council
located on the map as shown in Exhibit A, which is incorporated herein.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Planning Commission of the City of Bakersfield at a regular meeting thereof held on the
2nd of November 2023, on a motion by ______ and seconded _______, by the following
vote.
AYES:
NOES:
ABSENT:
APPROVED
_______________________________________
Zachary Bashirtash, CHAIR
City of Bakersfield Planning Commission
Exhibits (attached):
Exhibit A: Location Map
EDMONTON STPOSADA AVESANDPIPER RDCAPELLA CT
TREANNA AVE ACTIS STWILSON RDSTINE RDGC
GC
GC
HMR
LR
LR
LR
LR
LR
LR
LR
LR LR
LR
PS
GC
HMR
HMRSTINE CANALStine
Elementary
School
9/28/2023
0 100 200
Feet
_
GPA/ZC 23-0012
GPA/ZC 23-0012
LR, GC to HMR
AE
AuE
Land Use
RESIDENTIAL
HMR - High Medium
Density Residential: >
7.26 units but ≤ 17.42
dwelling units/net acre
LR - Low Density
Residential: ≤ 7.26
dwelling units/net acre
COMMERCIAL
GC - General Commercial
PUBLIC FACILITIES
PS - Public/Private Schools
CITY OF BAKERSFIELD
EXHIBIT A
Page 1 of 2
RESOLUTION NO.
RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE AN
AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE
TO CHANGE THE ZONE CLASSIFICATION FROM R-1 (SINGLE-
FAMILY DWELLING ZONE) TO R-3 (MULTIPLE-FAMILY DWELLING
ZONE), GENERALLY LOCATED ON THE SOUTHSIDE OF WILSON
ROAD BETWEEN EDMONTON STREET AND ACTIS STREET (GPA/ZC
NO. 23-0012).
WHEREAS, Wiley D. Hughes Surveying, Inc. (applicant), representing Rami Fahil
(property owner), is requesting an amendment to the land use map designation of the
Metropolitan Bakersfield General Plan from GC (General Commercial) and LR (Low
Density Residential) to HMR (High Medium Residential) and an amendment to Title 17 of
the Bakersfield Municipal Code to change the Zone District from R-1 (Single Family
Dwelling Zone) to R-3 (Multiple-Family Dwelling Zone) on approximately 5.65 acres
generally located on the southside of Wilson Road between Edmonton Street and Actis
Street. (the “Project”); and
WHEREAS, adoption of a Mitigated Negative Declaration for the Project has been
recommended; and
WHEREAS, the Secretary of the Planning Commission set Thursday, November 2,
2023 at 5:30 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 Planning Commission
to consider the proposed Mitigated Negative Declaration and Project as required by
Government Code Section 65353, and notice of the public hearing was given in the
manner provided in Title 17 of the Bakersfield Municipal Code; and
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, 10 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 and an initial study
was completed.
3.The public necessity, general welfare, and good planning practices justify
the Project.
4.The Project is compatible with the zone districts and development of
surrounding properties and is consistent with the Metropolitan Bakersfield
Page 2 of 2
General Plan.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield Planning Commission as
follows:
1.The above recitals, incorporated herein, are true and correct.
2.The Project is hereby recommended for approval by the City Council,
incorporating the change into the official zoning map as described in
Bakersfield Municipal Code Section 17.06.020 located on the map as shown
in Exhibit A and as specifically described in Exhibit B, all of which are
incorporated herein.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Planning Commission of the City of Bakersfield at a regular meeting thereof held on the
2nd of November 2023, on a motion by _______ and seconded by _________, by the
following vote.
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED
__________________________________________
Zachary Bashirtash, CHAIR
City of Bakersfield Planning Commission
Exhibits (attached):
Exhibit A: Legal Description
Exhibit B: Zone Change Map
1/26/23 DATE
EXHIBIT A
EXHIBIT B