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Home My WebLink About6521 EOT Staff Report PJ:je /S:\05_Land Division\23-0019_EOT T6521_CasaLoma&Watts\01_Hearing & Noticing Documents\Drafts\6521 EOT-Staff Rept.docx CITY OF BAKERSFIELD PLANNING COMMISSION MEETING DATE: May 5, 2023 AGENDA: 5.b. 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 Vesting Tentative Tract Map 6521 WARD: 1 STAFF PLANNER: Jennie Eng, Principal Planner REQUEST: Three-year extension of time for Vesting Tentative Tract Map 6521 that allowed 425 single- family residential lots on 110.6 acres. APPLICANT: OWNER: LAV Consulting & Engineering JLS Capital Group LLC, Dorren LLC et.al. 13061 Rosedale Hwy # G199 1318 Broadway #110 Bakersfield, CA 93314 Santa Monica CA 90404 LOCATION: Located on the southeast corner of Cottonwood Road and Casa Loma Drive in southeast Bakersfield. APN: APN # 171-250- (01, 03, 10, 12 & 13) PROJECT SIZE: 110.6 acres CEQA: Section 15061(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 Vesting Tentative Tract Map 6521 to expire on March 6, 2026. SITE CHARACTERISTICS: The project site is vacant land. Surrounding properties are developed as: north – vacant, single-family homes; east – agricultural land and Wastewater Treatment Plan No. 2; south – agricultural land; and west – vacant, single-family homes. EOT Vesting Tentative Tract Map 6521 Page 2 BACKGROUND AND TIMELINE: • November 13, 1966- Casa Loma No. 1 was annexed to the City Of Bakersfield. This project site was included as a portion of this annexation area (Annexation 153). • October 31, 1966 – City Council approved the pre-zoning to R-S (Residential Suburban) upon annexation from the County of Kern to the City (Ordinance No. 1650). • September 7, 2006 - The Bakersfield Planning Commission approved Vesting Tentative Tract Map (VTTM) 6521 which is scheduled to expire March 6, 2023. At that time, the Planning Commission also adopted a mitigated negative declaration (PC Resolution No. 173-06). • March 8, 2006 – City Council approved a change in the zone district from R-S (Residential Suburban) to R-1 (One Family Dwelling). (Ordinance No. 4330) • January 27, 2007. The Planning Director approved a substantial conformance request to adjust lot lines abutting the Suburban Residential zoned property to the south and west in response to Condition No. 35. • 2008-2015 - In response to the economic downturn and recession, VTTM 6521 received a series of automatic extensions of time as authorized by the California State legislature to expire September 7, 2018. • October 4, 2018- The Planning Commission approved a three-year extension of time for VTTM 6521 to expire September 6, 2021 (Resolution No. 80-18). • September 2021 - The Governor signed Assembly Bill 1561 allowing for an automatic 18-month extension of time. VTTM 6521 is to expire March 6, 2023. • March 3, 2023 - The applicant submitted a completed application requesting an extension of time for VTTM 6521. PROJECT ANALYSIS: The proposed vesting tentative tract subdivision consists of 425 lots on 110.6 acres for purposes of single- family residential development. The typical residential lot is the lot size is approximately 63 feet wide by 100 feet deep (6,300 square feet ), and the net density is 5.12 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 VTTM No. 6521. 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 request for VTTM 6521. Staff recommends approval of a three-year extension of time to expire March 6, 2026 with no changes to previously approved conditions of approval. EOT Vesting Tentative Tract Map 6521 Page 3 Circulation. Access to this subdivision would be from Cottonwood Road (arterial) on the subdivision's west boundary and from Casa Loma Drive (collector) on the north side. Additional access from two local streets to Watts Drive (collector) on the south boundary. One local street is proposed to access South Washington Street (collector) on the east side. 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 project [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 Vesting Tentative Tract Map 6521 to expire on March 6, 2026. ATTACHMENTS: Map Set • Aerial • Zone Classification • General Plan Designation • VTTM 6521 (plat) Notice of Exemption Planning Commission Draft Resolution Jeng/ S:\05_Land Division\23-0019_EOT T6521_CasaLoma&Watts\01_Hearing & Noticing Documents\Drafts\6521 EOT PC Res.docx PAGE 1 of 2 RESOLUTION NO. _____ DRAFT RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION TO APPROVE AN EXTENSION OF TIME FOR VESTING TENTATIVE TRACT MAP 6521 (PHASED) LOCATED ON THE SOUTHEAST CORNER OF COTTONWOOD ROAD AND CASA LOMA DRIVE IN SOUTH BAKERSFIELD. WHEREAS, LAV Consulting & Engineering representing Doreen, LLC et.al., filed an application with the City of Bakersfield Planning Division requesting an extension of time for Vesting Tentative Tract Map 6521 (Phased) (the “Project”) located in the City of Bakersfield as shown on attached (Exhibits “A” and “B”); and WHEREAS, the application was submitted on March 3, 2023, which is prior to the expiration date of Vesting Tentative Map 6521, 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 12, 2006, conditionally approved by the Planning Commission on September 7, 2006; and WHEREAS, a mitigated negative declaration was previously approved by the Planning Commission on September 7, 2006 for Vesting Tentative Tract Map 6521 (Phased); 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\23-0019_EOT T6521_CasaLoma&Watts\01_Hearing & Noticing Documents\Drafts\6521 EOT PC Res.docx PAGE 2 of 2 3. Pursuant to State CEQA Guidelines Section Section15061(b)(3), Common Sense Exemption, the Project is exempt from the requirements of CEQA because it will not affect the environment. The Notice of Exemption was properly noticed for public review. 4. (extension of time) is not considered a project for purposes of CEQA. CEQA does not apply if the activity [extension of time] will not result in either a direct or a reasonably foreseeable indirect physical change in the environment. 5. 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 Section Section15061(b)(3), Common Sense Exemption 3. The expiration date of Vesting Tentative Tract Map 6521is 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. Location Map with Zoning B. Vesting Tentative Tract Map 6521