HomeMy WebLinkAbout6397 EOT-Staff Rept & Resnt /S:\05_Land Division\6397 EOT\01_Hearing & Noticing Documents\Drafts\6397 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 6397
WARD: 1
STAFF PLANNER: Noeli Topete, Associate Planner I
REQUEST: Three-year extension of time for Vesting Tentative Tract Map 6397 that allowed 122 single-
family residential lots on 27.10 acres.
APPLICANT: OWNER:
GID Berkshire 112, LLC GID Berkshire, LLC
3470 Wilshire Blvd. Ste 1020 3470 Wilshire Blvd. Ste 1020
Los Angeles, CA 90010 Los Angeles, CA 90010
LOCATION: Located at the northeast corner of East Berkshire Road and Madison Street in Bakersfield.
APN: 518-030-25
PROJECT SIZE: 27.10 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 6397 to expire on June 26, 2026.
SITE CHARACTERISTICS: The project site is vacant land. The site is surrounded primarily by vacant land to
the north, east and south, and single-family homes to the west.
EOT Vesting Tentative Tract Map 6397 Page 2
BACKGROUND AND TIMELINE:
• September 28, 2005 – 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. 4272).
• November 3, 2005 – The Bakersfield Planning Commission approved Vesting Tentative Tract Map
(VTTM) 6397 and was scheduled to expire December 27, 2009. A Mitigated Negative Declaration for
the project was adopted for related GPA/ZC 04-1337 on September 28, 2005, by the City Council (PC
Resolution No. 173-05).
• December 28, 2006 - Panama Lane No. 16 was annexed to the City Of Bakersfield. This project site
was included as a portion of this annexation area (Annexation 481).
• 2008-2015 - In response to the economic downturn and recession, VTTM 6397 received a series of
automatic extensions of time as authorized by the California State legislature to expire December 27,
2018.
• December 12, 2018 - The Planning Commission approved a three-year extension of time for VTTM
6397 to expire December 27, 2021 (Resolution No. 93-18).
• September 2021 - The Governor signed Assembly Bill 1561 allowing for an automatic 18-month
extension of time. VTTM 6397 is to expire June 27, 2023.
• March 22, 2023 - The applicant submitted a completed application requesting an extension of time
for VTTM 6397.
PROJECT ANALYSIS:
The proposed vesting tentative tract subdivision consists of 122 lots on 27.10 acres for purposes of single-
family residential development. The typical residential lot size is approximately 55 feet wide by 110 feet
deep (6050 square feet), and the net density is 6.0 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. No home construction has occurred within the
subdivision.
The applicant is actively seeking buyers to go forward with improvement construction. The applicant
states that the timeline for recordation and construction is unknown at this time. 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 June 26,
2023, expiration date. This request represents the last request for an extension of time for VTTM No.
6397.
Circulation. Access to this subdivision would be from East Berkshire Road on the subdivision's south side
boundary and from Madison Street on the west side boundary.
Compliance with Standards. The proposed project, subject to the original conditions of approval,
complies with the ordinances and policies of the City of Bakersfield.
EOT Vesting Tentative Tract Map 6397 Page 3
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 6397 to expire on June 26, 2026, with
no changes to previously approved conditions of approval
ATTACHMENTS:
Map Set
• Aerial
• Zone Classification
• General Plan Designation
• VTTM 6397 (plat)
Notice of Exemption
Planning Commission Draft Resolution
MAP SET
NOTICE OF EXEMPTION
TO: Office of Planning and Research FROM: City of Bakersfield
PO Box 3044, 1400 Tenth Street, Room 222 Planning Division
Sacramento, CA 95812-3044 1715 Chester Avenue
Bakersfield, CA 93301
X County Clerk
County of Kern
1115 Truxtun Avenue
Bakersfield, CA 93301
Project Title: Extension of Time for Vesting Tentative Tract Map 6397 (Phased)
Project Location-Specific: North of Berkshire Road and east of Madison Street
Project Location-City: Bakersfield Project Location-County: Kern
Description of Project: Request for an extension of time for Vesting Tentative Tract 6148
consisting of 122 single-family residential lots on 27.10 acres.
Name of Public Agency Approving Project: City of Bakersfield
Name of Person or Agency Carrying Out Project: GID Berkshire 112, LLC
Exempt Status:
Ministerial (Sec.21080(b)(1); 15268));
Declared Emergency (Sec.21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number.
Statutory Exemptions. State section number. ______________________
X Project is exempt from CEQA pursuant to Section 15061(b)(3), Common Sense
Exemption
Reason why project is exempt: Project will not affect the environment.
Lead Agency: Contact Person: Noeli Topete Telephone/Ext.: 661-326-3165
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency approving the project? Yes No_
Signature: Title: Associate Planner I Date: 6/16/2023
X Signed by Lead Agency Date received for filing at OPR: ______________
Signed by Applicant
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RESOLUTION NO. _____
DRAFT RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION TO APPROVE AN EXTENSION OF TIME FOR VESTING TENTATIVE TRACT MAP 6397 LOCATED AT THE NORTHEAST CORNER OF EAST BERKSHIRE
ROAD AND MADISON STREET.
WHEREAS, GID Berkshire 112, LLC, filed an application with the City of Bakersfield Planning
Department requesting an extension of time for Vesting Tentative Tract Map 6397(the “Project”)
located in the City of Bakersfield as shown on attached (Exhibit “A”); and
WHEREAS, the application was submitted on March 22, 2023, which is prior to the
expiration date of Vesting Tentative Map 6397, 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 7, 2005, conditionally approved by the Planning Commission on November 3, 2005;
and
WHEREAS, a mitigated negative declaration was previously approved by the Planning
Commission on September 7, 2005, for related General Plan Amendment/Zone Change 04-
1337; 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.
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3.Pursuant to State CEQA Guidelines Section 15061 (b) (3), the activity (extension oftime) 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 foreseeableindirect 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 6397 is hereby extended until June
26, 2026.
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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
___________________________________ Z
ZACHARY BASHIRTASH, CHAIR City of Bakersfield Planning Commission
Exhibits: A.Location Map with ZoningB.Vesting Tentative Tract Map