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HomeMy WebLinkAbout6182R EOT Staff Report PJ:je /S:\05_Land Division\23-0020_EOT T6182_178&AHH\01_Hearing & Noticing Documents\Drafts\6182R EOT-Staff Rept.docx CITY OF BAKERSFIELD PLANNING COMMISSION MEETING DATE: May 4, 2023 AGENDA: 5.a TO: Chair Cater and Members of the Planning Commission FROM: Paul Johnson, Planning Director J.Eng for PJ DATE: April 26, 2023 FILE: Extension of Time Revised Vesting Tentative Tract Map 6182 WARD: 3 STAFF PLANNER: Jennie Eng, Principal Planner REQUEST: Three-year extension of time for Revised Vesting Tentative Tract Map 6182 that allowed 366 single-family residential lots on 104.9 acres. APPLICANT: OWNER: San Joaquin Engineering, Inc. Haroon & Sophia Hanasab 2013 Trust 200 New Stine Rd #175 606 S. Olive Street #1026 Bakersfield, CA 93309 Los Angeles, CA 90014 LOCATION: Generally located on the northwest corner of State Route 178 and Miramonte Drive in northeast Bakersfield. APN: APN # 387-050-09 & 387-020-18 PROJECT SIZE: 104.9 acres CEQA: Section 1506(b)(3) (Common Sense Exemption) EXISTING GENERAL PLAN DESIGNATION: LR (Low Density Residential) EXISTING ZONE CLASSIFICATION: R-1 (One Family Dwelling) STAFF RECOMMENDATION: Adopt Resolution and suggested findings APPROVING extension of time for Revised Vesting Tentative Tract Map 6182 to expire on March 6, 2026. SITE CHARACTERISTICS: The project site is vacant land. Surrounding properties are developed as: north – single-family residential; east – single-family residential; south single-family residential; and west – single- family residential. EOT Revised Vesting Tentative Tract Map 6182 Page 2 BACKGROUND AND TIMELINE: • September 12, 1977 – Rio Bravo was annexed to the City Of Bakersfield. This project site was included as a portion of this annexation area (Annexation 240). • August 24, 1977 – City Council approved a change in the zone district to R-1 (One Family Dwelling) upon annexation from the County of Kern to the City (Ordinance No. 2370). • May 15, 2003. Planning Commission approved the original Vesting Tentative Tract Map 6182 to create 361 single-family lots on a 104-acre subdivision area zoned R-1 (One-Family Dwelling). A Mitigated Negative Declaration for the project was adopted at the same Planning Commission meeting. An appeal was filed by Sierra Club in opposition to the Planning Commission decision. (Resolution 86-03). • June 25, 2003. The City Council upheld the decision of the Planning Commission, adopting the Mitigated Negative Declaration, denying the appeal and approving Vesting Tentative Tract Map 6182 (City Council Resolution 109-03). • September 7, 2006 - The Bakersfield Planning Commission approved Revised Vesting Tentative Tract Map (RVTTM) 6182 which is scheduled to expire March 6, 2023. The Planning Commission determined the mitigated negative declaration adopted on June 25, 2003 was adequate. (PC Resolution No. 130-06). • 2008-2015 - In response to the economic downturn and recession, RVTTM 6182 received a series of automatic extensions of time as authorized by the California State legislature to expire March 6, 2023. • October 18, 2018 - The Planning Commission approved a three-year extension of time for RVTTM to expire September 6, 2021 (Resolution No. 88-18). • September 2021 - The Governor signed Assembly Bill 1561 allowing for an automatic 18-month extension of time. RVTTM 6182 is to expire March 6, 2023. • March 6, 2023- The applicant submitted a completed application requesting an extension of time for RVTTM 6182. PROJECT ANALYSIS: The proposed revised vesting tentative tract subdivision consists of 366 lots on 104.9 acres for purposes of single-family residential development. The typical residential lot is the lot size is approximately 65 feet wide by 119 feet deep (7,735 square feet ), and the net density is 4.34 units per net acre which is consistent with the LR designation of the project site of less than or equal to 7.26 dwelling units per net acre. Extension of Time. The applicant is requesting a three-year extension to allow additional time to record final maps. No phase of this map has been recorded. This request represents the last request for an extension of time for RVTTM No. 6182. The applicant requested the extension of time in writing prior to the March 6, 2023, expiration date. The Subdivision Map Act and the Bakersfield Municipal Code allow for separate extensions to be approved by your Commission with an aggregate of up to six years. Typically, City policy has been to approve extensions of time in two (2), three-year intervals. This current request represents the last EOT Revised Vesting Tentative Tract Map 6182 Page 3 request for RVTTM 6182Staff recommends approval of a three-year extension of time to expire March 6, 2026 with no changes to previously approved conditions of approval. Circulation. Access to this subdivision would be from Miramonte Drive on the subdivision's east side boundary and from Park Palisade Drive on the west. There is no access to SR 178 from this subdivision. Compliance with Standards. The proposed project, subject to the original conditions of approval, complies with the ordinances and policies of the City of Bakersfield. ENVIRONMENTAL REVIEW AND DETERMINATION: The extension of time request is not subject to the provisions of the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3) because the activity [extension of time] will not result in either a direct or a reasonably foreseeable indirect physical change in the environment. 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. Comments Received. As of this writing, no written public comments have been received. CONCLUSIONS: Recommendation. The applicant provided the application for the Extension of Time in a timely manner and the request adheres to the extensions permitted by Bakersfield Municipal Code 16.16.080. The requested three-year extension will allow the developer additional time to record a final map. Based on information in the record, Staff recommends your Commission adopt Resolution and suggested findings APPROVING the extension of time for Revised Vesting Tentative Tract Map 6182 to expire on March 6, 2026. ATTACHMENTS: Map Set • Aerial • Zone Classification • General Plan Designation • RVTTM 6182 (plat) Notice of Exemption Planning Commission Draft Resolution Jeng/S:\05_Land Division\23-0020_EOT T6182_178&AHH\01_Hearing & Noticing Documents\Drafts\6182R EOT PC Res CS.docx PAGE 1 of 2 RESOLUTION NO. _____ DRAFT RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION TO APPROVE AN EXTENSION OF TIME FOR REVISED VESTING TENTATIVE TRACT MAP 6182 (PHASED) LOCATED ON THE NORTHWEST CORNER OF STATE ROUTE 178 AND MIRAMONTE DRIVE IN NORTHEAST BAKERSFIELD. WHEREAS, San Joaquin Engineering, Inc., representing Haroon Hanasab & Sophia Hanasab 2013 Trust, filed an application with the City of Bakersfield Planning Department requesting an extension of time for Revised Vesting Tentative Tract Map 6182 (the “Project”) located in the City of Bakersfield as shown on attached (Exhibit “A-1”); and WHEREAS, the application was submitted on March 6, 2023, which is prior to the expiration date of Revised Vesting Tentative Map 6182, and in accordance with the provisions of Section 16.16.080 of the Bakersfield Municipal Code; and WHEREAS, the original application of the tentative map was deemed complete on July 11, 2006, conditionally approved by the Planning Commission on September 7, 2006; and WHEREAS, a mitigated negative declaration was previously approved by the City Council on June 25, 2003 for Revised Vesting Tentative Tract Map 6182; and WHEREAS, there have been no substantial changes to the Project or circumstances under which it will be undertaken; and WHEREAS, no new environmental impacts have been identified; and WHEREAS, the Project is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant State CEQA Guidelines Section15061(b)(3), Common Sense Exemption; and WHEREAS, the Secretary of the Planning Commission set, Thursday, May 4, 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 application, and notice of the public hearing was given in the manner provided in Title Sixteen of the Bakersfield Municipal Code; and WHEREAS, the facts presented in the staff report, environmental review evidence received both in writing, and the 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 the CEQA have been followed. Jeng/S:\05_Land Division\23-0020_EOT T6182_178&AHH\01_Hearing & Noticing Documents\Drafts\6182R EOT PC Res CS.docx PAGE 2 of 2 3. Pursuant to State CEQA Guidelines Section 15061 (b) (3),Common Sense Exemption, the activity (extension of time) will not result in either a direct or a reasonably foreseeable indirect physical change in the environment. 4. This request for an extension of time is pursuant to Bakersfield Municipal Code Section 16.16.080 and Subdivision Map Act Section 66452.6 (e). NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Bakersfield as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The project is exempt from CEQA, pursuant to CEQA Guidelines Section15061(b)(3), Common Sense Exemption. 3. The expiration date of Revised Vesting Tentative Tract Map 6182 is hereby extended until March 6, 2026. --------o0o---------- 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 May 4, 2023, on a motion by Commissioner _____ and seconded by Commissioner ______, by the following vote. AYES: NOES: ABSENT: APPROVED ___________________________________ DANIEL CATER, CHAIR City of Bakersfield Planning Commission Exhibits: A-1. Location Map with Zoning A-2. Revised Vesting Tentative Tract Map 6182