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Home My WebLink About11989 EOT_Staff Report & Rescc/ /S:\05_Land Division\23-0023_EOT 11989_NWC Reina & Old Farm\01_Hearing & Noticing Documents\Drafts\11989 EOT-Staff Report.docx CITY OF BAKERSFIELD PLANNING COMMISSION MEETING DATE: June 1, 2023 AGENDA: 5.c. TO: Chair Cater and Members of the Planning Commission FROM: Paul Johnson, Planning Director DATE: May 26, 2023 FILE: Extension of Time Vesting Tentative Parcel Map 11989 (Phased) WARD: 4 STAFF PLANNER: Courtney Camps, Associate Planner II REQUEST: Three-year extension of time for Vesting Tentative Parcel Map 11989 that allowed 3 parcels for single-family residential and church development. APPLICANT: OWNER: McIntosh & Associates The Roman Catholic Bishop of Fresno P.O. Box 21687 1550 N. Fresno Street Bakersfield, CA 93390 Fresno, CA 93703 LOCATION: Northwest corner of Old Farm Road and Reina Road. APN: 528-010-36 PROJECT SIZE: 26.08 gross acres CEQA: Section 15061(b)(3) (Common Sense Exemption) EXISTING GENERAL PLAN DESIGNATION: SR (Suburban Residential) EXISTING ZONE CLASSIFICATION: E (Estate) & E-CH (Estate – Church Combining) STAFF RECOMMENDATION: Adopt Resolution and suggested findings APPROVING extension of time for Vesting Tentative Parcel Map 11989 to expire on April 19, 2026. SITE CHARACTERISTICS: The project site is vacant land and a church. Surrounding properties are developed as: north – Veterans Elementary School; east – single-family residential; south – single-family residential; and west – single family residential. J.Eng for PJ EOT Vesting Tentative Parcel Map 11989 Page 2 BACKGROUND AND TIMELINE: • April 3, 2002 - Reina No. 3 was annexed to the City of Bakersfield. This project site was included as a portion of this annexation area (Annexation 425). • October 20, 2011 - Planning Commission approved Vesting Tentative Parcel Map 11989 to create 3 parcels on a 26.08 gross acre subdivision area zoned E (Estate). At that time, The Planning Commission also adopted a Mitigated Negative Declaration for the project and associated ZC 11-0271. The project included a description of the concurrent processing of Zone Change 11-0271, which proposed to convert 18.03 acres of the site from E (Estate) to E-Ch (estate – Church Combining) district for church facility development. The church sanctuary has been constructed. It is also noted that the remaining 8.05 acres of E (Estate) zoning is proposed for future single-family residential development (Resolution No. 16-11). • December 14, 2011 - City Council approved ZC 11-0271 to change the zone district from E (Estate) to E-CH (Estate – Church Combining) on 18.03 acres, incorporating all of Phase 1, Parcel 1 and Phase 2, Parcel 1 for future church facility development. A Mitigated Negative Declaration for the project was adopted at this time (Ordinance 4654). • 2011-2015 - In response to the economic downturn and recession, VTPM 11989 received a series of automatic extensions of time as authorized by the California State legislature to expire October 19, 2018. • December 6, 2018 - Planning Commission approved a three-year extension of time for VTPM 11989 to expire October 19, 2021 (Resolution No. 100-18). • July 15, 2021 - The City Council approved Vesting Tentative Tract Map 7383 which determined Dolcetto Street would terminate as a cul-de-sac at the southern end with no street access to Reina Road or Montbatten Place. The final map for this parcel map will reflect the cul-de-sac street design per VTTM 7383 (Resolution NO. 132-2021). • September 2021 - The Governor signed Assemble Bill 1561 for an automatic 18-month extension of time. VTPM 11989 is to expire April 19, 2023. • March 22, 2023 - The applicant submitted a completed application requesting an extension of time for VTPM 11989. PROJECT ANALYSIS: The proposed vesting tentative parcel map subdivision consists of 3 parcels for purposes of single-family residential and church development. Phases 1 and 2 are to be developed as the Catholic Church sanctuary, meeting rooms and other related church improvements. Phases 1 and 2 are subject of the related zone change described above. Phase 3 is zoned E (Estate) for future subdivision for single family residential development. The entire project site is designated as SR (Suburban Residential). 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 recorded. This request represents the last request for an extension of time for VTPM No. 11989. The applicant requested the extension of time in writing prior to the April 19, 2023, expiration date. EOT Vesting Tentative Parcel Map 11989 Page 3 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. Staff recommends approval of a three-year extension of time to expire April 19, 2026, with no changes to previously approved conditions of approval. Circulation. The project proposes access from Dolcetto Street (local street) which intersects Lavina Avenue on the north. Based on the approval of Vesting Tentative Tract 7383, no access will connect to Reina Road. 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 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 Parcel Map 11989 to expire on April 19, 2026. ATTACHMENTS: Map Set • Aerial • Zone Classification • General Plan Designation • VTPM 11989 (plat) • VTTM 7383 Notice of Exemption Planning Commission Draft Resolution MAP SET CC/S:\05_Land Division\ 23-0023_EOT PM11989_NWC Old Farm & Reina\01_Hearing & Noticing Documents\Drafts\11989 EOT PAGE 1 of 2 RESOLUTION NO. _____ DRAFT RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION TO APPROVE AN EXTENSION OF TIME FOR VESTING TENTATIVE PARCEL MAP 11989 (PHASED) LOCATED AT THE NORTHWEST CORNER OF OLD FARM ROAD AND REINA ROAD. WHEREAS, McIntosh and Associates, representing The Roman Catholic Bishop of Fresno, filed an application with the City of Bakersfield Planning Department requesting an extension of time for Vesting Tentative Parcel Map 11989 (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 22, 2023, which is prior to the expiration date of Vesting Tentative Parcel Map 11989, 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 August 25, 2011, conditionally approved by the Planning Commission on October 20, 2011; and WHEREAS, a mitigated negative declaration was previously approved by the Planning Commission on October 20, 2011 for Vesting Tentative Parcel Map 11989; 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 Section 15061(b)(3), Common Sense Exemption; and WHEREAS, the Secretary of the Planning Commission set, Thursday, June 1, 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. CC/S:\05_Land Division\ 23-0023_EOT PM11989_NWC Old Farm & Reina\01_Hearing & Noticing Documents\Drafts\11989 EOT PAGE 2 of 2 3. Pursuant to State CEQA Guidelines Section 15061(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. 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 15061(b)(3), Common Sense Exemption. 3. The expiration date of Vesting Tentative Parcel Map 11989 is hereby extended until April 19, 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 June 1, 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 Parcel Map 11989