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Home My WebLink About6880 EOT Staff Report & Res PJ:je / S:\05_Land Division\23-0021_EOT T6880_ McCutchen &Gosford\01_Hearing & Noticing Documents\Drafts\6880 EOT-Staff Rept.docx CITY OF BAKERSFIELD PLANNING COMMISSION MEETING DATE: June 1, 2023 AGENDA: 5.b. TO: Chair Cater and Members of the Planning Commission FROM: Paul Johnson, Planning Director J.Eng for PJ DATE: May 24, 2023 FILE: Extension of Time Vesting Tentative Tract Map 6880 WARD: 5 STAFF PLANNER: Jennie Eng, Principal Planner REQUEST: Three-year extension of time for Vesting Tentative Tract Map 6880 that allowed 638 single- family residential lots on 151.77 acres and 1 commercial lot on 10.01 acres. APPLICANT: OWNER: McIntosh and Associates JRBM Investments II, LLC PO Box 21687 PO Box 11358 Bakersfield, CA 93390 Bakersfield, CA 93389 LOCATION: Located on the northwest corner of McCutchen and Gosford Roads in southwest Bakersfield. APN: APN #s: 540-010- (36, 64, 65, 66) PROJECT SIZE: 161.81 acres CEQA: Section 15061(b)(3) (Common Sense Exemption) EXISTING GENERAL PLAN DESIGNATION: LR (Low Density Residential) and GC (General Commercial) EXISTING ZONE CLASSIFICATION: R-1 (One Family Dwelling); C-2/PCD (Regional Commercial/Planned Commercial Development) STAFF RECOMMENDATION: Adopt Resolution and suggested findings APPROVING extension of time for Vesting Tentative Tract Map 6880 to expire on April 4, 2026 SITE CHARACTERISTICS: The project site is vacant land. Surrounding properties are developed as: north – vacant; east – developing single-family homes; south – concrete plant; and west – agricultural land’ single- family homes. EOT Vesting Tentative Tract Map 6880 Page 2 BACKGROUND AND TIMELINE: • January 28, 1998 – City Council approved a change in the zone district from A (Agricultural) to R-1 (One Family Dwelling) upon annexation from the County of Kern to the City (Ordinance No. 3819). • April 14, 2006 – Panama No. 4 was annexed to the City Of Bakersfield. This project site was included as a portion of this annexation area (Annexation 440) • October 12, 2005 – City Council approved GPA/ZC 04-0057 to change in the zone district from A (Agricultural) to R-1 (One Family Dwelling) and A (Agricultural) to C-2/PCD (Regional Commercial/Planned Commercial Development) (Ordinance No. 4278). • October 5, 2006 - The Bakersfield Planning Commission approved Vesting Tentative Tract Map (VTTM) 6880 which is scheduled to expire April 4, 2023. At that time, the Planning Commission also adopted a mitigated negative declaration (PC Resolution No. 95-18). • 2008-2015 - In response to the economic downturn and recession, VTTM 6880 received a series of automatic extensions of time as authorized by the California State legislature to expire October 4, 2018. • November 1, 2018 - The Planning Commission approved a three-year extension of time for VTTM 6880 to expire October 4, 2021 (Resolution No. 95-18) • September 2021 - The Governor signed Assembly Bill 1561 allowing for an automatic 18-month extension of time. VTTM 6880 is to expire April 4, 2023. • March 9, 2023 - The applicant submitted a completed application requesting an extension of time for VTTM 6880. PROJECT ANALYSIS: The proposed vesting tentative tract subdivision consists of 638 lots on 151.77 acres for purposes of single-family residential development and a 10.04 acre lot zoned for commercial development (total of 161.81 acres). The typical residential lot is the lot size is approximately 55-feet wide by 110-feet deep (6050 square feet ), and the net density is 5.61 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 recorded. This request represents the last request for an extension of time for VTTM No. 6880.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. This current request represents the last request for VTTM 6880. Staff recommends approval of a three-year extension of time to expire April 4, 2023, with no changes to previously approved conditions of approval. Circulation. Access to this subdivision would be from Gosford Road (arterial) on the subdivision's east boundary and from Panama Lane (arterial) on the south. EOT Vesting Tentative Tract Map 6880 Page 3 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 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 6880 to expire on April 4, 2026. ATTACHMENTS: Map Set • Aerial • Zone Classification • General Plan Designation • VTTM 6880 (plat) Notice of Exemption Planning Commission Draft Resolution Jeng /S:\05_Land Division\23-0021_EOT T6880_ McCutchen &Gosford\01_Hearing & Noticing Documents\Drafts\6880 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 6880 LOCATED GENERALLY LOCATED ON THE NORTHWEST CORNER OF MCCUTCHEN ROAD AND GOSFORD ROAD. WHEREAS, McIntosh and Associates, representing JRBM Investments II, LLC, filed an application with the City of Bakersfield Planning Department requesting an extension of time for Vesting Tentative Tract Map 6880 (the “Project”) located in the City of Bakersfield as shown on attached (Exhibit “A”); and WHEREAS, the application was submitted on March 9, 2023, which is prior to the expiration date of Vesting Tentative Map 6880, 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 September 19, 2006, conditionally approved by the Planning Commission on October 5, 2006; and WHEREAS, a negative declaration was previously approved by the Planning Commission on September 7, 2005 for related GPA/ZC #04-0057; 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 15060(c)(3), Review for 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. Jeng /S:\05_Land Division\23-0021_EOT T6880_ McCutchen &Gosford\01_Hearing & Noticing Documents\Drafts\6880 EOT PC Res.docx PAGE 2 of 2 2. The provisions of the CEQA have been followed. 3. Pursuant to State CEQA Guidelines Section 15060 (c) (3), the activity (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. 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 15060(c)(3), Review for Exemption. 3. The expiration date of Vesting Tentative Tract Map 6880 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