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
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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