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Home My WebLink AboutVOID PJ:je /S:\05_Land Division\6148 EOT (Alfred Harrel)\01_Hearing & Noticing Documents\Drafts\6148 EOT-Staff Rept.docx CITY OF BAKERSFIELD PLANNING COMMISSION MEETING DATE: June 15, 2023 AGENDA: 6.a. TO: Chair and Members of the Planning Commission FROM: Paul Johnson, Planning Director J.Eng for PJ DATE: June, 7, 2023 FILE: Extension of Time Vesting Tentative Tract Map 6148 WARD: 3 STAFF PLANNER: Jennie Eng, Principal Planner REQUEST: Three-year extension of time for Vesting Tentative Tract Map 6148 that allowed 361 single- family residential 219 lots on acres. APPLICANT: OWNER: McIntosh and Associates Jeremy Willer Construction PO Box 21687 6702 Montagna Dr Bakersfield, CA 93390 Bakersfield, CA 93306 LOCATION: Located east of Alfred Harrel Highway, south of the Kern River Golf Course in northeast Bakersfield. APN: APN # 386-050-(15-16) PROJECT SIZE: 218 acres CEQA: Section 15060(c)(3) (Review for Exemption) EXISTING GENERAL PLAN DESIGNATION: LR (Low Density Residential), SR (Suburban Residential); OS (Open Space), OS-P (Open Space-Park); OS-S (Open Space-Slope) EXISTING ZONE CLASSIFICATION: R-1 (One Family Dwelling); R-1 HD (One Family Dwelling Hillside Development); R-1 FP-S (One Family Dwelling Floodplain Secondary); R-1 FP-S HD (One Family Dwelling Floodplain Secondary Hillside Development); FP-P (Floodplain Primary); and FP-P HD (Floodplain Primary Hillside Development) STAFF RECOMMENDATION: Adopt Resolution and suggested findings APPROVING extension of time for Vesting Tentative Tract Map 6148 to expire on May 4, 2026. EOT Vesting Tentative Tract Map 6148 Page 2 SITE CHARACTERISTICS: The project site is vacant land. Surrounding properties are developed as: north – Kern River Golf Course; east – Kern River; south – vacant; and west – single family residential and vacant land. BACKGROUND AND TIMELINE: • September 12, 1077 – 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 the pre-zoning to R-1 (One Family Dwelling) upon annexation (Ordinance No. 2370). • August 11, 1999 – City Council approved a change in the zone district from R-1 (One Family Dwelling) to R-1/HD (One Family Dwelling)/ Hillside Development) on those affected portions of VTTM 6148 (Ordinance No. 3920). • November 5, 2003 - The City Council approved Vesting Tentative Tract Map (VTTM) 6148 which is scheduled to expire May 4, 2023. At that time, the Planning Commission also adopted a mitigated negative declaration (CC Resolution No. 201-03). • December 27, 2007 – Phase 1 of VTTM 6184 recorded consisting of 106 single family residential lots, a park lot, and various non-buildable lots on 144.72 acres. • 2008-2015 - In response to the economic downturn and recession, VTTM 6148 received a series of automatic extensions of time as authorized by the California State legislature to expire November 4, 2018. • October 4, 2018 - The Planning Commission approved a three-year extension of time for VTTM 6148 to expire November 4, 2021 (Resolution No. 79-18). • September 2021 - The Governor signed Assembly Bill 1561 allowing for an automatic 18-month extension of time. VTTM 6148 is to expire May 4, 2023. • May 1, 2023 - The applicant submitted a completed application requesting an extension of time for VTTM 6148 . PROJECT ANALYSIS: The proposed vesting tentative tract subdivision consists of 361 lots for purposes of single-family residential development, one park lot and three open space lots on 219 acres. The typical residential lot is the lot size is approximately 70 feet wide by 115 feet deep (8,050 square feet ), and the net density is 3.66 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. Phase 1 consists of 106 single family lots and several non-buildable lots (private streets an open space) that recorded in 2007. No home construction has occurred within the subdivision. EOT Vesting Tentative Tract Map 6148 Page 3 According to the applicant, the project is in the civil design stage and more time is needed to record the maps. The applicant states a major lift station upgrade is expected to occur in 6 to 8 months with final maps recorded next year. 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. Historically, City policy has been to approve extensions of time in two (2), three-year intervals. The applicant requested the extension of time in writing prior to May 4, 2023 expiration date. This request represents the last request for an extension of time for VTTM No. 6148. Circulation. Access to this subdivision would be from Rudal Road (local) connecting to Alfred Harrel Highway (expressway) on the subdivision's northwest boundary and from Old Walker Pass Road (collector) in the southern portion of the 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 15060(c)(3) because the activity [extension of time] is not 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. 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 6148 to expire on May 4, 2026 with no changes to previously approved conditions of approval. ATTACHMENTS: Map Set • Aerial • Zone Classification • General Plan Designation • VTTM 6148 (plat) Notice of Exemption Planning Commission Draft Resolution Jeng / S:\05_Land Division\6148 EOT (Alfred Harrel)\01_Hearing & Noticing Documents\Drafts\6148 EOT PC Res CS.docx PAGE 1 of 2 RESOLUTION NO. _____ RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION TO APPROVE AN EXTENSION OF TIME FOR VESTING TENTATIVE TRACT MAP 6148 LOCATED GENERALLY ON THE EAST SIDE OF ALFRED HARRELL HWY, SOUTH OF THE KERN RIVER GOLF COURSE. WHEREAS, McIntosh and Associates representing Jeremy Willer Construction Inc., filed an application with the City of Bakersfield Planning Department requesting an extension of time for Vesting Tentative Tract Map 6148 (the “Project”) located in the City of Bakersfield as shown on attached (Exhibit “1”); and WHEREAS, the application was submitted on May 1, 2023, which is prior to the expiration date of Vesting Tentative Map 6148 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 o March 11, 2003, conditionally approved by the City Council on November 5, 2003; and WHEREAS, a mitigated negative declaration was approved by the City Council on November 5, 2003 for Vesting Tentative Tract Map 6148; 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, June 15, 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\6148 EOT (Alfred Harrel)\01_Hearing & Noticing Documents\Drafts\6148 EOT PC Res CS.docx PAGE 2 of 2 3. Pursuant to State CEQA Guidelines Section 15061 (b) (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 Section15061(b)(3), Common Sense Exemption. 3. The expiration date of Vesting Tentative Tract Map 6148 is hereby extended until May 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 15, 2023, on a motion by Commissioner _____ and seconded by Commissioner ______, by the following vote. AYES: NOES: ABSENT: APPROVED ___________________________________ ___________CHAIR City of Bakersfield Planning Commission Exhibits: 1. Location Map with Zoning 2. 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