HomeMy WebLinkAbout6567 EOT-Staff Rept & Resnt \S:\05_Land Division\6567 & 6568 EOT\01_Hearing & Noticing Documents\Drafts\6567 & 6568 EOT-Staff Rept.docx
CITY OF BAKERSFIELD
PLANNING COMMISSION
MEETING DATE: June 15, 2023 AGENDA: 6.b and 6.c
TO: Chair Cater 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 Nos. 6567 and 6568
WARD: 3
STAFF PLANNER: Noeli Topete, Associate Planner I
REQUEST: Three-year extension of time for Vesting Tentative Tract Map Nos. 6567 and 6568 that allowed
393 single-family residential lots, 13 landscape lots, 12 non-buildable lots, 1 sump lot, and 1 drill site lot.
APPLICANT: OWNER:
McIntosh and Associates Walton California, LLC
P.O. Box 21687 8800 N. Gainey Center Drive, Suite 345
Bakersfield, CA 93390 Scottsdale, AZ 85258
LOCATION: Located at the northwest corner of Morning Drive and College Avenue in northeast
Bakersfield.
APN:435-010-(31, 07, and 31)
PROJECT SIZE: 175± 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 Nos. 6567 and 6568 to expire on June 6, 2026.
SITE CHARACTERISTICS: The project sites are vacant land. The sites are surrounded by vacant land in all
directions.
EOT Vesting Tentative Tract Maps 6567 & 6568 Page 2
BACKGROUND AND TIMELINE:
• August 24, 1977 – City Council approved a change in the zone district to R-1 (One Family Dwelling)
upon annexation from the County of Kern to the City (Ordinance No. 2370).
• September 12, 1977 – Rio Bravo was annexed to the City Of Bakersfield. These project sites were
included as a portion of this annexation area (Annexation 240).
• December 7, 2006 - The Bakersfield Planning Commission approved Vesting Tentative Tract Map
(VTTM) Nos. 6567 and 6568 which were scheduled to expire December 6, 2009. At that time, the
Planning Commission also adopted a mitigated negative declaration (PC Resolution No. 239-06 and
240-06).
• 2008-2015 - In response to the economic downturn and recession, VTTM Nos. 6567 and 6568 received
a series of automatic extensions of time as authorized by the California State legislature to expire
December 6, 2018.
• January 3, 2019 - The Planning Commission approved a three-year extension of time for VTTM Nos.
6567 and 6568 to expire December 6, 2021 (Resolution No.04-19 and 05-19).
• September 2021 - The Governor signed Assembly Bill 1561 allowing for an automatic 18-month
extension of time. VTTM Nos. 6567 and 6568 are to expire June 6, 2023.
• May 2, 2023 - The applicant submitted a completed application requesting an extension of time for
VTTM Nos. 6567 and 6568.
PROJECT ANALYSIS:
The proposed subdivisions are two contiguous Vested Tentative Tract Maps. For efficiency purposes, Staff
combined the two requests into one staff report since they share the same engineer, subdivider, property
owner, and similar development characteristics. For legal purposes, a separate resolution has been
prepared for each tentative tract map since the requests can be approved/denied on an individual basis.
VTTM 6567 is located in the eastern portion of two maps and consists of 298 lots and 9 landscape lots on
105.44 acres, zoned R-1 (One Family Dwelling) for single family residential development. Typical lot size
is about 9500 square feet, and the net density is 4.47 units per net acre which is consistent with the Low
Density Residential designation of the project site of less than or equal to 7.26 dwelling units per net acre.
VTTM 6568 is located in the western portion of two maps and of 95 lots, 12 non-buildable lots, 4 landscape
lots, 1 sump lot, and 1 drill site lot on 70.43 acres, zoned R-1 (One Family Dwelling) for single family
residential development. A typical lot size is about 12,000 square feet, and the net density is 3.37 units
per net acre which is consistent with the Low Density Residential 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 these maps has recorded. No home construction has occurred within the
subdivisions.
According to the applicant, the project is in the civil design stage and more time is needed to record the
maps. The applicant states that there is currently negotiation to build the lots and once there is an
agreement between the subdivider and builder, final maps are expected to be prepared within the next 6
EOT Vesting Tentative Tract Maps 6567 & 6568 Page 3
to 9 months. 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 6, 2023, expiration date. This request represents the last request for an
extension of time for VTTM Nos. 6567 and 6568.
Circulation. Access to this subdivision would be from Morning Drive (arterial) on the subdivision's east
side boundary and from College Avenue (collector) on the south side boundary. College Avenue is
proposed to be extended to the north and south of the tract 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 the 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 Maps 6567 and 6568 to expire on June 6,
2026, with no changes to previously approved conditions of approval.
ATTACHMENTS:
Map Set
• Aerial
• Zone Classification
• General Plan Designation
• VTTM Nos. 6567 and 6568 (plat)
Notice of Exemption
Planning Commission Draft Resolution
MAP SET
Exhibit A-2
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 6567 and 6568 (Phased) Project Location-Specific: West of the Morning Drive and College Avenue intersection
Project Location-City: Bakersfield Project Location-County: Kern Description of Project: Request for an extension of time for the following Vesting Tentative
Tracts (VTTM): VTTM 6567 to subdivide 105.44 acres into 298 single-family residential lots and 9 landscape lots
in a R-1 (One-Family Dwelling) zone district. VTTM 6568 to subdivide 70.43 acres into 95 single-family residential lots, 12 non-buildable lots, 4 landscape lots, 1 sump lot, and 1 drill site lot in a R-1 zone district. Name of Public Agency Approving Project: City of Bakersfield Name of Person or Agency Carrying Out Project: McIntosh and Associates
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 6568 LOCATED WEST OF THE MORNING DRIVE AND COLLEGE
AVENUE INTERSECTION.
WHEREAS, McIntosh & Associates filed an application with the City of Bakersfield Planning
Department requesting an extension of time for Vesting Tentative Tract Map 6568 (the “Project”)
located in the City of Bakersfield as shown on attached (Exhibit “A”); and
WHEREAS, the application was submitted on May 2, 2023, which is prior to the expiration
date of Vesting Tentative Map 6567, 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
October 30, 2006, conditionally approved by the Planning Commission on December 7, 2006;
and
WHEREAS, a mitigated negative declaration was previously approved by the Planning
Commission on December 7, 2006, for Vesting Tentative Tract Map 6568; 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 of
time) is not considered a project for purposes of CEQA. CEQA does not apply if theactivity [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 6568 is hereby extended until June
6, 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 ZACHARY BASHIRTASH
City of Bakersfield Planning Commission
Exhibits: A.Location Map with Zoning
B.Vesting Tentative Tract Map
Exhibit A-2