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HomeMy WebLinkAboutMOD 23-0102_ EE | S:\04_Current Planning\03_MOD\01_Active\23-0102_TM 6939_Lot Width Reduction\01_PC\Final Prep\01_MOD 23-0102_Staff Report.docx CITY OF BAKERSFIELD PLANNING COMMISSION STAFF REPORT MEETING DATE: July 20, 2023 AGENDA: 5.f. TO: Chair Bashirtash and Members of the Planning Commission FROM: Paul Johnson, Planning Director DATE: July 14, 2023 FILE: Zoning Modification 23-0102 WARD: 1 STAFF PLANNER: Ethan Estrada, Development Services Technician REQUEST: A zoning modification to allow a lot width reduction from the required 60 feet to 57 feet (B.M.C. 16.28.170.D and 17.64.020.A.2) for Lot 67 of Phase 1 and Lot 7 of Phase 2 of Vesting Tentative Tract Map 6939. APPLICANT: McIntosh & Associates OWNER: Deertrail Abbey Court 1, LLC 2001 Wheelan Court 28749 Banducci Road Bakersfield, CA 93309 Tehachapi, CA 93561 LOCATION: Southeast corner of Redbank Road and South Fairfax Road (VTTM 6939) APN: 173-260-01 PROJECT SIZE: 40.23 Acres CEQA: Section 15305 (Class 5; Land Use Limits.) EXISTING GENERAL PLAN DESIGNATION: LR (Low Density Residential) EXISTING ZONE CLASSIFICATION: R-1 (One-Family Dwelling) STAFF RECOMMENDATION: Adopt Resolution and suggested findings APPROVING Zoning Modification 23-0102 as depicted in the project description and subject to the listed conditions of approval. SITE CHARACTERISTICS: The project site is currently vacant land. Surrounding properties are primarily developed as: north – residential (county); east – single-family residential; south – single-family residential; and west – Mira Monte High School. MOD 23-0102 Page 2 BACKGROUND: • August 16, 2006 - City Council approved General Plan Amendment/Zone Change No. 05-1783 to change the land use designation and zone classification from SR (Suburban Residential) to LR (Low Density Residential) and from County A-1 (Limited Agriculture) to R-1 (One-Family Dwelling), respectively (Ordinance No. 4380). • October 19, 2006 - Planning Commission approved Vesting Tentative Tract Map (VTTM) 6939 and adopted a Mitigated Negative Declaration for the entire site (Resolution No. 210-06). • May 28, 2008 - Fairfax No. 2 was annexed to the City of Bakersfield. This project site was included as a portion of this annexation area (Annexation No. 526). • 2009 - 2015 - VTTM 6939 received a series of automatic Extensions of Time (EOT) as authorized by the California State Legislature. • May 16, 2019 - Planning Commission approved a 3-year EOT for VTTM 6939 (Resolution No. 54-19). • March 30, 2021 - The Planning Director approved a substantial conformance request for VTTM 6939. • June 16, 2022 - Planning Commission approved a second and final 3-year EOT for VTTM 6939 (Resolution No. 62-22) to expire May 27, 2025. • October 21, 2022 - The Planning Director approved a second substantial conformance request for VTTM 6939. PROJECT ANALYSIS: Vesting Tentative Tract Map 6939. This subdivision map seeks to create 172 single-family residential lots and various landscape lots on 40.23 acres at the southeast corner of Redbank Road and South Fairfax Road. The typical residential lot size is approximately 55 feet wide by 110 feet deep (6,050 square feet), and the net density is 6.65 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. Access to this subdivision is from Redbank Road (collector) on the subdivision's north boundary and from South Fairfax Road (arterial) on the west. Four local streets are proposed to be extended through this subdivision to provide circulation within the neighborhood. Substantial Conformance Review. As described in the “Background” section of this report, VTTM 6939 has undergone two substantial conformance reviews since its 2006 approval by the Planning Commission. When considering a substantial conformance request, staff considers whether the proposed revisions are in substantial compliance with the previously approved tentative map based on the following parameters and in accordance with Section 66474.1 of the Subdivision Map Act: 1. The changes are necessary to satisfy conditions of approval of the tentative map; 2. The changes reflect new or updated survey data in preparation of the final map that affects the design of the tract; and MOD 23-0102 Page 3 3. Amendments to conditions of approval or increases to the number of lots/phases are not permitted through this process (a new map application would be required). In all instances, the tentative map shall remain consistent with all General Plan and zoning regulations that were in effect when it was approved, or if a vesting map, deemed complete. Except as allowed in items 1 and 2 above, any revisions must not alter the design parameters approved by the Planning Commission. The first substantial conformance request in 2021 introduced several design changes, namely the resizing and relocation of lots to accommodate two, 4-way intersections. These changes allowed the applicant to maintain 172 lots and was approved with conditions. The second substantial conformance request in 2022 introduced another set of design changes, specifically the relocation of the sump lot from VTTM 6939 to a neighboring tract map. With its removal, various lots were relocated, and size adjustments made to incorporate the open land from the sump area while still maintaining a total of 172 lots. However, it was identified this resulted in seven interior lot widths not meeting City standards. Consequently, a condition was added to require further adjustments or seek a zoning modification. Request. To correct the noncompliant interior lot widths identified in the second substantial conformance review, the applicant is requesting a zoning modification to reduce the lot width on two corner lots. If approved, the modification would allow for the seven lots to comply with City development standards, while two corner lots would receive a 3-foot reduction in lot width to 57 feet were 60 feet is the standard. This reduction will still allow for sufficient building setbacks from property boundaries and no impact to line of sight. Zone Modification. Pursuant to Bakersfield Municipal Code Section 17.64.020, the Planning Director shall have the authority to grant Director Review and Approval Permits through the public hearing process for zoning modification requests related to lot area regulations, including but not limited to, modification of such regulations for some or all lots within a subdivision to facilitate zero-lot-line or other typical subdivision development. Section 17.64.050 further states the Planning Director, at his/her discretion, may refer the zoning modification directly to the Planning Commission for a public hearing and decision. Because the request does not qualify for a substantial conformance review, and the Planning Commission approved the original tract map, the Planning Director determined the Planning Commission should consider this zoning modification request. ENVIRONMENTAL REVIEW AND DETERMINATION: This project has been found to be exempt from the provisions of the California Environmental Quality Act (CEQA) and the City of Bakersfield’s CEQA Implementation Procedures in accordance with Section 15305 (Class 5: Minor Alterations to Land Use Limitations). This exemption includes projects that are considered minor alterations to land use limitations, such as lot line adjustments, variances, and encroachment permits on land with a slope of less than 20% that do not result in changes in land use or density. A Notice of Exemption has been prepared. 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. MOD 23-0102 Page 4 CONCLUSIONS: Findings. Bakersfield Municipal Code Section 17.64.060 contains specific findings that must be made to approve the requested modification. Specifically, the section states that a modification shall be granted only when it is found that: 1. The granting of such modification would not be materially detrimental to the public welfare, nor injurious to the property or improvements in the zone or vicinity in which the project is located; and 2. The granting of the modification is necessary to permit an appropriate improvement or improvements on a lot or lots, including but not limited to, modification of such regulations for some or all lots within a subdivision to facilitate zero lot line or other atypical subdivision development; and 3. The granting of the modification would not be inconsistent with the purposes and intent of Title 17 of this code. The municipal code also states that a modification may be subject to such conditions as deemed appropriate or necessary to assure compliance with the intent and purpose of the zoning regulations and the various elements and objectives of the general plan and applicable specific plans and policies of the city or to protect the public health, safety, convenience, or welfare. In accordance with these required findings, and as conditioned, Staff finds: (1) reducing the lot size of the two corner lots would allow the majority of lots to abide by the City’s design regulations while maintaining the number of planned single-family residential homes for VTTM 6939 approved by the Commission, which is desirable for the public welfare; (2) the modification will allow appropriate improvements on the site without the need to compromise the footprint of the residential structure; and (3) despite the setback reduction, the intent of the Ordinance to protect traffic visibility and pedestrian safety is still being met because the front, side, and rear yard setbacks will be maintained. Recommendation. Staff finds that the applicable provisions of CEQA have been complied with, and the proposal to reduce the lot width from 60 feet to 57 feet for Lot 67 of Phase 1 and Lot 7 of Phase 2 of Vesting Tentative Tract Map 6939, sufficiently demonstrates compliance with the necessary findings. Therefore, staff recommends your Commission adopt Resolution and suggested findings APPROVING Zoning Modification 23-0102 with conditions of approval. ATTACHMENTS: Map Set • Aerial • Zone Classification • General Plan Designation VTTM 6939 • 2nd Substantial Conformance Review • Proposed Zone Modification Redesign Applicant’s Justification Resolution with Exhibits MAP SET DELCON __,__..___ ---------DRIVE _____ .,....._ ___________ ' 94.75' I '-1-' I 7 I~ ~ 'ii ~1 6335SF :~ ~ 11 9 j I ~10 g ;!. I Q .,___----'-11'""'4""".3""""7' ____ 1 ______________ j ,F d 1 0.0Q' m 1 ! 628~ SF 43 i ::•• 8._3o_' ..,....~_3_o'_.~ 62~91SF --~z~-~---1 410 d I 113.62' (0 w 1 SF a, ! w i-o_...,__......._..a.=..._ .... :_o.,._ -----• -t--f ~ I (r" tR\ oio. 62 I ~ ~ Q_ / ~ d) 6239 SF : :8 4 1 .,_.= 1 I~ IO 113.25' I • \ ~ I----\ JC I •----\ I io 63 I~ 3:,: ___ > \ --711 ~ 6329 SF : iri tr,-~ ', l.!::!.b::, \ I IO t") //', z 112.87' <O / ',, 5•~cf~ II ~ co 64 b 6 40 // / o>· 6197~SF O o / 1 ~ ~ i'1 I : ";;·· ,_:ii (/) /// ,,/ t: ~ •~ 0 IOIO Io / 39 / 6177 SF I~ / 1 .-=> I 1IO / / t15' ~ ~ 8 615616~2S.1F2' 1: ,:: ____ r ____ -r __ L__T . r iri ::2 ~ 30' 1030' .... : ____ 1@)1 __ 1 __ .7 __ 5'-----1-:-6 62 F 22 23 24 ,_~ _ __,o 67 1-~ I~ ~o> 6159Sr :~ ·~di• 91.17' I '--~.:..-----1----------~--------------OWNER/SUBDIVIDER • DEERTRAIL DEVELOPMENT, LLC 28749 BANDUCCI ROAD TEHACHAPI, CA 93561 CONTACT: RUSS JOHNSON PHONE: (661) 213-6286 SCALE: 1" = 80' ENGINEER 80' 40• o· 80' 1 so· MclNTOSH & ASSOCIATES 10800 STOCKDALE HIGHWAY, SUITE 103 BAKERSFIELD, CA 93311 CONTACT: BLAINE NEPTUNE PHONE: (661) 834-4814 P: \PROJEC1S\Oe048.15-DD1R6939\X-PROJ\DWG\EXHIBl1\ZONE MOO.DWG i ~--•i __ __.i DEERTRAIL DEVELOPMENT, LLC TRACT6939 ZONE MODIFICATION EXHIBIT SCALE: 1" = 80' JOB NO. 05046.15 DATE: 04/20/23 FILE NO. ZONE MOD DONE BY: MAL SHEET 1 OF 1 n MclNTOSH II &AssociATES NEW GEN l 11 ! I ,I ( ( I) I ENGINEER ING GROUP I, April 21, 2023 City of Bakersfield Development Services Department Planning Division 1715 Chester Avenue Bakersfield, CA 93301 Attention: Paul Johnson, Planning Director Reference: Zone Modification No. 23-0102 Justification Letter Mc #05046. 15 Dear Paul, On behalf of the developer, Deertrail Abbey Court 1, LLC, we hereby request a zone modification to allow reduced residential corner lot widths to 57-feet where 60-feet is required per Bakersfield Municipal Code (BMC) Section 16.28.170.D on Lot 67 of Phase 1 and Lot 7 of Phase 2 within approved Vesting Tentative Tract Map No. 6939. This request is based upon correcting the noncompliant interior lot widths of Lots 61 through 66 of Phase 1 and Lot 8 of Phase 2 that were approved with the Second Substantial Conformance Review of Vesting Tentative Tract Map No. 6939. In making these lots conform to the 55-foot minimum lot width, there was not enough space to make the corner lots 60-feet wide. This modification would allow for seven lots to be within compliance of the BMC. The two corner lots with the 3-foot reduction in lot width will be in compliance with all required zoning setbacks and line of sight. Granting this modification will not be materially detrimental to the public's health and safety or injurious to the property or improvements in the zone or vicinity in which the subject property is located. Granting of the modifications is necessary to record the final maps for the property. Thank you for your consideration in this matter. Sincerely, McIntosh & Associates Whitney Jackson Senior Planner cc: Blaine Neptune Russ Johnson P:\PROJECTS\05046. 15-DDTR6939\LTRS\Zone Mod\Letter of Justification Reduced Lois.doc RESOLUTION NO. ______ RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION APPROVING A ZONING MODIFICATION TO ALLOW A LOT WIDTH REDUCTION FROM THE REQUIRED 60 FEET TO 57 FEET (B.M.C. 16.28.170.D AND 17.64.020.A.2) FOR LOT 67 OF PHASE 1 AND LOT 7 OF PHASE 2 OF VTTM 6939 IN A R-1 (ONE- FAMILY DWELLING) ZONE DISTRICT, LOCATED SOUTH OF REDBANK ROAD AND EAST OF SOUTH FAIRFAX ROAD (MOD 23-0102) WHEREAS, McIntosh & Associates filed an application with the City of Bakersfield Development Services Department for a zoning modification to allow a lot width reduction from the required 60 feet to 57 feet (B.M.C. 16.28.170.D and 17.64.020.A.2) for Lot 67 of phase 1 and Lot 7 of Phase 2 of VTTM 6939 in a R-1 (One-Family Dwelling) zone district, located south of Redbank Road and east of South Fairfax Road (the “Project”); and WHEREAS, the Secretary of the Planning Commission set Thursday, July 20, 2023, at 5:30 p.m. in City Council Chambers, City Hall South, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the Planning Commission to consider the proposed zoning modification, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, at the public hearing (no testimony was received either in support or opposition of the Project) (testimony was received only in support/opposition/both in support and opposition of the Project); and WHEREAS, the laws and regulations relating to the California Environmental Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures have been duly followed by city staff and the Planning Commission; and WHEREAS, the above described project is exempt from the requirements of CEQA in accordance with Section 15305; and WHEREAS, the City of Bakersfield Development Services Department (1715 Chester Avenue, Bakersfield, California) is the custodian of all documents and other materials upon which the environmental determination is based; and WHEREAS, the facts presented in the staff report and evidence received both in writing and by 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 CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been followed. Staff determined that the proposal is a project that is exempt from CEQA pursuant to Section 15305 because the project involves minor alterations to land use limitations, such as lot line adjustments, variances, and encroachment permits on land with a slope of less than 20% that do not result in changes in land use or density. 2 3. The granting of the modification will not be materially detrimental to the public’s health and safety, or injurious to the property or improvements in the zone or vicinity in which the subject property is located/ 4. The granting of the modification is necessary to permit an appropriate improvement on the subject property. 5. The granting of the modification would not be inconsistent with the purposes and intent of both the Metropolitan Bakersfield General Plan and the Bakersfield Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield Planning Commission as follows: 1. The above recitals, incorporated herein, are true and correct. 2. This project is exempt from the requirements of CEQA. 3. Zoning Modification No. 23-0102 as described in this resolution, is hereby approved subject to the conditions of approval in Exhibit A and as shown in Exhibits B and C. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting held on the 20th day of July, 2023, on a motion by Commissioner _______, seconded by Commissioner ________ the following vote: AYES: NOES: RECUSE: ABSTAIN: ABSENT: APPROVED ____________________________________ ZACHARY BASHIRTASH, CHAIR City of Bakersfield Planning Commission Exhibits: A. Conditions of Approval B. Location Map C. Site Plan EXHIBIT A CONDITIONS OF APPROVAL Zoning Modification 23-0102 I. The applicant's rights granted by this approval are subject to the following provisions: • The project shall be in accordance with all approved plans, conditions of approval, and other required permits and approvals. All construction shall comply with applicable building codes. • All conditions imposed shall be diligently complied with at all times and all construction authorized or required shall be diligently prosecuted to completion before the premises shall be used for the purposes applied for under this approval. • This approval will not be effective until ten (10) days after the date upon which it is granted by the Planning Director to allow for appeal to the Planning Commission. Any permit or license for any approval granted shall not be issued until that effective date. • This approval shall automatically be null and void two (2) years after the effective date unless the applicant or successor has actually commenced the rights granted, or if the rights granted are discontinued for a continuous period of one (1) year or more. This time can be extended for up to one (1) additional year by the approving body. • The Planning Commission may initiate revocation of the rights granted if there is good cause, including but not limited to, failure to comply with conditions of approval, complete construction or exercise the rights granted, or violation by the owner or tenant of any provision of the Bakersfield Municipal Code pertaining to the premises for which the approval was granted. The Planning Commission may also consider adding or modifying conditions to ensure the use complies with the intent of City ordinances. • Unless otherwise conditioned, this approval runs with the land and may continue under successive owners provided all the above-mentioned provisions are satisfied. II. The following conditions shall be satisfied as part of the approval of this project: 1. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners and boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY’s sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. MOD 23-0102 Page | 2 of 2 2. This zoning modification to allow a lot width reduction from the required 60 feet to 57 feet (B.M.C. 16.28.170.D and 17.64.020.A.2) for Lot 67 of Phase 1 and Lot 7 of Phase 2 of VTTM 6939 in a R-1 (One-Family Dwelling) zone district. 3. For corner lots, the side yard on the street side frontage shall not be less than ten feet; however, the side yard may be reduced to five feet for swimming pools and spas. If a garage or carport opening faces a public or private street, such garage or carport whether attached or detached from the main building, shall be set back not less than twenty feet (B.M.C. 17.10.050). 4. Applicant shall obtain all necessary permits/approvals from Public Works Department, Fire Department, Development Services/Building Division, and any other applicable agencies requiring review. ACKNOWLEDGEMENT BY PROJECT APPLICANT: I agree to the project’s conditions of approval and acknowledge that failure to comply with any and all conditions shall constitute grounds for potential revocation of the permit approval. Signature Date Print name here Exhibit B Exhibit C