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Neighbors in Northeast Bakersfield upset over rezoning of vacant lot

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BAKERSFIELD, Calif. (KERO) — The City of Bakersfield is tasked with rezoning parts of town in order to comply with state law and the Housing Element, and the effort includes a vacant lot off of Fairfax Road and College Avenue. However, for some neighbors in the area, they worry what this rezoning means for them.

  • Gail Malouf said she and her neighbors were taken aback when they noticed a for sale sign on the vacant lot a few weeks back and even more surprised to learn the lot had been rezoned.
  • They worry the rezoning for mixed residential and commercial use will result in an increase of traffic and homeless.
  • The City said the rezoning was part of a larger effort to increase residential development and land inventory for the Housing Element.

The City of Bakersfield is tasked with rezoning parts of town in order to comply with state law and the housing element, and the effort includes a vacant lot off of Fairfax Road and College Avenue. However, for some neighbors in the area, they worry what this rezoning means for them.

Gail Malouf said she and her neighbors were taken aback when they noticed a for sale sign on the vacant lot a few weeks back and even more surprised to learn the lot had been rezoned.

"We feel blindsided," she said. "We are upset because they have changed it to an MX-1, which is mixed residential and commercial this is not a commercial area."

This isn't the first time these neighbors have been against the rezoning of this area. Back in 2021, the property owner attempted to get it changed for commercial use in hopes of putting a gas station on the corner. When the topic of rezoning came up, the City had sent out letters to neighbors looking for their input, many of whom were against the change and it ultimately failed.

"In hindsight, looking back, yes, I understand why they would be opposed because they were opposed in 2021," said Paul Johnson, planning director for the City of Bakersfield.

Johnson said the time around, the change was part of a larger rezoning in attempts to comply with land inventory needs for the city's housing element. That's why when the owner of this vacant lot approached the city about the lot zoning, the City added it to 62 other parcels that were being considered.

It was this difference that impacted how they notified the public.

"Because there were over 1000 notifications based on all these parcels, we opted to do the larger newspaper notification and leave it at that, rather than mailing to over 1000 separate residents," Johnson said.

For Malouf and her neighbors, they were frustrated by use of a newspaper notification over mailing notices to the residents, especially since many of them never saw it. Malouf said the last time a change in zoning on the lot came up in 2021, around 150 residents went to the initial hearing and spoke against it.

"They did not properly let us know what was going on," she said.

Johnson said they keep track of opposition per project, and since this was completely separate from the 2021 proposition the staff didn't connect the history. He also noted the City must meet certain housing requirements from the state, so their hands are tied when it comes to rezoning land.

Malouf noticed other lots that were changed at this same time were only rezoned for residential uses, prompting confusion over why this lot was rezoned for a mix of residential and commercial.

Johnson said while the overall need for rezoning is primarily housing related, this was in-part because of the owner of the property.

"This was property owner initiated, and whether you're opposed to development or in support of development, they have to remember that property owners do have property rights on their property," he said.

Johnson said while this lot is zoned for mixed use now, there are still several steps that need to happen for any potential development on the lot, including a CEQA report, which would offer more public hearings and opportunities for neighbors input.

"I would say anyone around Bakersfield, if you see a vacant lot, call on it because the zoning might have been changed without your knowledge," Malouf said.


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