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Home My WebLink About6871 Staff Rept & Res PJ:je / S:\05_Land Division\6871 EOT (Cottonwood)\01_Hearing & Noticing Documents\Drafts\6871 EOT_Staff Rept.docx CITY OF BAKERSFIELD PLANNING COMMISSION MEETING DATE: June 15, 2023 AGENDA: 6.e 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 6871 WARD: 1 STAFF PLANNER: Jennie Eng, Principal Planner REQUEST: Three-year extension of time for Vesting Tentative Tract Map 6871 that allowed 222 single- family residential lots on 40.6 acres. APPLICANT / OWNER: Cottonwood Land Holdings, LLC 1055 Wilshire Boulevard #868 Los Angeles, CA 90017 LOCATION: Northwest corner of East White Lane and Washington Street in southeast Bakersfield. APN: 172-020-11 PROJECT SIZE: 40.6 acres CEQA: Section 15061(b)(3) (Common Sense Exemption) EXISTING GENERAL PLAN DESIGNATION: LMR (Low Medium Density Residential) EXISTING ZONE CLASSIFICATION: R-2 (Limited Multiple Family Dwelling) STAFF RECOMMENDATION: Adopt Resolution and suggested findings APPROVING extension of time for Vesting Tentative Tract Map 6871 to expire on June 5, 2026. SITE CHARACTERISTICS: The project site is vacant land. Surrounding properties in all directions are not developed. Existing single-family home development is located to the northwest. EOT Vesting Tentative Tract Map 6871 Page 2 BACKGROUND AND TIMELINE: • December 5, 1988 – Casa Loma No. 3 was annexed to the City Of Bakersfield. This project site was included as a portion of this annexation area (Annexation 321). • August 6, 1986 – City Council approved adoption of the Casa Loma Specific Plan which zoned the subject property as Zone of 7.3 (Heavy Industrial). (Ordinance No.3063). • December 17, 1999 - City Council approved a change of the zone district from the Casa Loma Specific Zone to M-3 (Heavy Industrial) zone district (Ordinance No. 3935). • December 14. 2005 – City Council approved GPA/ZC 05-0417 changing the land use and zoning entitlements from industrial to allow single family residential development (Ordinance No. 4288). • December 6, 2006 - The Bakersfield Planning Commission approved Vesting Tentative Tract Map (VTTM) 6871 which is scheduled to expire December 5, 2009. At that time, the Planning Commission also adopted a mitigated negative declaration (PC Resolution No. 235-06). • March 14, 2007 – City Council approved a change (ZC No. 06-0-1043in the zone district from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on the project site (Ordinance No. 4410). • • 2008-2015 - In response to the economic downturn and recession, VTTM 6871 received a series of automatic extensions of time as authorized by the California State legislature to expire December 5, 2018. • October 18, 2018 - The Planning Commission approved a three-year extension of time for VTTM 6871 to expire December 5, 2021 (Resolution No. 89-18). • September 2021 - The Governor signed Assembly Bill 1561 allowing for an automatic 18-month extension of time. VTTM 6871 is to expire June 5, 2023. • May 1, 2023 - The applicant submitted a completed application requesting an extension of time for VTTM 6871. PROJECT ANALYSIS: The proposed vesting tentative tract subdivision consists of 222 lots on 40.6 acres for purposes of single- family residential development. The typical residential lot is the lot size is approximately 48-feet wide by 100-feet deep (4800 square feet ), and the net density is 7.29 units per net acre which is consistent with the LMR designation of the project site of greater than 4 to less than or equal to 10 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. According to the applicant, the project needs more time to find investors before recording a final map. The applicant states finding financial investors have been difficult because their investor pool is in China. The combination of the pandemic and current political relations has limited marketing opportunities. 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 EOT Vesting Tentative Tract Map 6871 Page 3 approve extensions of time in two (2), three-year intervals. The applicant requested the extension of time in writing prior to June 5, 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 East White Lane (arterial) on the subdivision's south boundary and from Washington Street (collector) on the east 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. 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 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 6871 to expire on June 5, 2026 with no changes to previously approved conditions of approval. ATTACHMENTS: Map Set • Aerial • Zone Classification • General Plan Designation • VTTM 6871 (plat) Notice of Exemption Planning Commission Draft Resolution Jeng/S:\05_Land Division\6871 EOT (Cottonwood)\01_Hearing & Noticing Documents\Drafts\6871 EOT PC Res CS.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 6871 LOCATED AT THE NORTHWEST CORNER OF EAST WHITE LANE AND WASHINGTON STREET. WHEREAS, Ho Shun Hui, representing Cottonwood Land Holdings LLC, filed an application with the City of Bakersfield Planning Department requesting an extension of time for Vesting Tentative Tract Map 6871(the “Project”) located in the City of Bakersfield as shown on attached (Exhibit “A”); and WHEREAS, the application was submitted on May 1, 2023, which is prior to the expiration date of Vesting Tentative Map 6871and 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 November 8, 2006, conditionally approved by the Planning Commission on December 7, 2006; and WHEREAS, a mitigated negative declaration was previously adopted by the City Council on December 14, 2005 in conjunction with Project No. GPA/ZC 05-0417 of which Vesting Tentative Tract Map 6871 is a subsequent application; 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. Jeng/S:\05_Land Division\6871 EOT (Cottonwood)\01_Hearing & Noticing Documents\Drafts\6871 EOT PC Res CS.docx PAGE 2 of 2 2. The provisions of the CEQA have been followed. 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 6871 is hereby extended until June 5, 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: A. Location Map with Zoning B. Vesting Tentative Tract Map