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Home My WebLink About6873 EOT_Staff Report & Rescc/ /S:\05_Land Division\23-0022_EOT T6873_NEC Gosford & McCutchen\01_Hearing & Noticing Documents\Drafts\6873EOT-Staff Report.docx CITY OF BAKERSFIELD PLANNING COMMISSION MEETING DATE: June 1, 2023 AGENDA: 5.a. TO: Chair Cater and Members of the Planning Commission FROM: Paul Johnson, Planning Director DATE: May 26, 2023 FILE: Extension of Time Vesting Tentative Tract Map 6873 (Phased) WARD: 7 STAFF PLANNER: Courtney Camps, Associate Planner II REQUEST: Three-year extension of time for Vesting Tentative Tract Map 6873 that allowed 352 single- family lots, one sump lot, four landscape lots, one park and one offsite drill island. APPLICANT: OWNER: McIntosh & Associates LGI Homes, Inc. P.O. Box 21687 495 E. Rincon Street, Suite 101 Bakersfield, CA 93390 Corona, CA 92879 LOCATION: Northeast corner of Gosford Road and McCutchen Road. APN: 539-010-(-66 and -67) PROJECT SIZE: 100.02 gross acres CEQA: Section 15061(b)(3) (Common Sense Exemption) EXISTING GENERAL PLAN DESIGNATION: LR (Low Density Residential) EXISTING ZONE CLASSIFICATION: R-1 (Single-Family Dwelling) STAFF RECOMMENDATION: Adopt Resolution and suggested findings APPROVING extension of time for Vesting Tentative Tract Map 6873 to expire on April 4, 2026. SITE CHARACTERISTICS: The project site is vacant land. Surrounding properties are developed as: north – vacant land and single-family residential; east – vacant land; south – Wastewater Treatment Plant 3; and west – vacant land. J.Eng for PJ EOT Vesting Tentative Tract Map 6873 Page 2 BACKGROUND AND TIMELINE: • April 6, 2004 - McCutchen No. 1 was annexed to the City of Bakersfield. This project site was included as a portion of this annexation area (Annexation 445). • May 24, 2006 - GPA/ZC 05-0423 was approved by City Council to change the zone district from A (Agriculture) to R-1 (Single-Family Dwelling). A Mitigated Negative Declaration was also adopted at this time. (Ordinance No. 4349). • October 5, 2006 - Planning Commission approved Vesting Tentative Tract Map 6873 to create 352 single-family lots, one sump lot, four landscape lots, one park and one offsite drill island on a 100.02 gross acre subdivision area zoned R-1 (Single-Family Dwelling). At that time, The Planning Commission also adopted a Mitigated Negative Declaration (Resolution No. 203-06). • 2008-2015 - In response to the economic downturn and recession, VTTM 6873 received a series of automatic extensions of time as authorized by the California State legislature to expire October 4, 2018. • March 31, 2014 - The Planning Director approved a substantial conformance request to relocate the drill site to serve VTTM 6873 and VTTM 6874 to 4 acres of M-1 property in the southeast corner of VTTM 6874 (satisfies Condition No. 28). • September 6, 2018 - Planning Commission approved a three-year extension of time for VTTM 6873 to expire October 4, 2021 (Resolution No. 75-18). • September 2021 - The Governor signed Assemble Bill 1561 for an automatic 18-month extension of time. VTTM 6873 is to expire April 4, 2023. • September 27, 2022 – Phase 2 of VTTM 6873 recorded consisting of 82 lots on 20.26 gross acres. • March 21, 2023 - The applicant submitted a completed application requesting an extension of time for VTTM 6873. PROJECT ANALYSIS: The proposed vesting tentative tract subdivision consists of 352 single-family lots, one sump lot, four landscape lots, one park and one offsite drill island for purposes of single-family development. The typical residential lot size is approximately 55 feet wide by 120 feet deep (6,050 square feet), and the net density is 4.69 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. This request represents the last request for an extension of time for VTTM No. 6873. The applicant requested the extension of time in writing prior to the April 4, 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. Staff recommends approval of a three-year extension of time to expire April 4, 2026, with no changes to previously approved conditions of approval. EOT Vesting Tentative Tract Map 6873 Page 3 Circulation. The project proposes to have access onto both Gosford Road and McCutchen Road (arterial streets). Additionally, the project proposes to have access onto future Berkshire Road (collector street) on the north boundary of the map. 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 Tract Map 6872 to expire on April 4, 2026. ATTACHMENTS: Map Set • Aerial • Zone Classification • General Plan Designation • VTTM 6873 (plat) Notice of Exemption Planning Commission Draft Resolution MAP SET CC/S:\05_Land Division\ 23-0022_EOT T6873_NEC Gosford & McCutchen\01_Hearing & Noticing Documents\Drafts\6873 EOT PAGE 1 of 2 RESOLUTION NO. _____ DRAFT RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION TO APPROVE AN EXTENSION OF TIME FOR VESTING TENTATIVE TRACT MAP 6873 (PHASED) LOCATED AT THE NORTHEAST CORNER OF GOSFORD ROAD AND MCCUTCHEN ROAD. WHEREAS, McIntosh and Associates, representing LGI Homes, Inc., filed an application with the City of Bakersfield Planning Department requesting an extension of time for Vesting Tentative Tract Map 6873 (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 21, 2023, which is prior to the expiration date of Vesting Tentative Map 6873, 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 21, 2006, conditionally approved by the Planning Commission on October 5, 2006; and WHEREAS, a mitigated negative declaration was previously approved by the Planning Commission on October 5, 2006 for Vesting Tentative Tract Map 6873; 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\ 23-0022_EOT T6873_NEC Gosford & McCutchen\01_Hearing & Noticing Documents\Drafts\6873 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 Tract Map 6873 is hereby extended until April 4, 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 Tract Map 6873