HomeMy WebLinkAboutVTTM 6850 EOT NT:PJ:je /S:\05_Land Division\6850 EOT\01_Hearing & Noticing Documents\Drafts\6850 EOT-Staff Rept.docx
CITY OF BAKERSFIELD
PLANNING COMMISSION
MEETING DATE: July 20, 2023 AGENDA: 5.a
TO: Chair Bashirtash and Members of the Planning Commission
FROM: Paul Johnson, Planning Director
DATE: July 14, 2023
FILE: Extension of Time Vesting Tentative Tract Map 6850
WARD: 3
STAFF PLANNER: Noeli Topete, Associate Planner I
REQUEST: Three-year extension of time for Vesting Tentative Tract Map 6850 that allowed 196 single-
family residential lots, 4 landscape lots, 1 sump lot, and 1 private street lot on 53.13 acres.
APPLICANT: OWNER:
Future Value Construction Inc. Future Value Construction Inc.
6200 Lake Ming Road, Unit A-7 6200 Lake Ming Road, Unit A-7
Bakersfield, CA 93306 Bakersfield, CA 93306
LOCATION: Near the northwest corner of Alfred Harrell Highway and Lake Ming Road in northeast
Bakersfield.
APN: 386-020-53, 386-020-06, 386-600-01 through 386-600-19, and 386-600-21 through 386-600-24
PROJECT SIZE: 53.13 acres CEQA: Section 15061(b)(3)
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 6850 to expire on June 6, 2026.
SITE CHARACTERISTICS: The western portion of the project site is undeveloped and eastern portion
partially developed with single-family residential homes. Surrounding properties are primarily
developed as: north – Lake Ming Park; east – single-family homes; south – single-family homes and Rio
Bravo Fire Station; and west – single-family homes and Lake Ming Park.
EOT Vesting Tentative Tract Map 6850 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. This project site was
included as a portion of this annexation area (Annexation 240).
• December 7, 2006 - The Bakersfield Planning Commission approved Vesting Tentative Tract Map
(VTTM) 6850 which was scheduled to expire December 6, 2009. At that time, the Planning
Commission also adopted a mitigated negative declaration (PC Resolution No. 245-06).
• 2008-2015 - In response to the economic downturn and recession, VTTM 6850 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 6850
to expire December 6, 2021 (Resolution No. 18-19).
• September 2021 - The Governor signed Assembly Bill 1561 allowing for an automatic 18-month
extension of time. VTTM 6850 is to expire June 6, 2023.
• May 15, 2023 - The applicant submitted a completed application requesting an extension of time for
VTTM 6850.
PROJECT ANALYSIS:
The proposed vesting tentative tract subdivision consists of 196 single-family residential lots, 4
landscape lots, 1 sump lot, and 1 private street lot on 53.13 acres. The typical residential lot is the lot
size is approximately 70 feet wide by 125 feet deep (8,750 square feet), and the net density is 4.4 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. One phase of this map has recorded, and several homes have been constructed within this
phase. This request represents the last request for an extension of time for VTTM 6850.
According to the applicant, a Substantial Conformance Review application and revised Final Map have
been submitted; therefore, more time is needed to record the maps. The applicant states final map
recordation will occur at the earliest opportunity and construction is expected to start towards the end
of 2023.
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. Typically, 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 the June 6, 2023, expiration date. This current request represents the last
request for VTTM 6850.
Circulation. Access to this subdivision would be from Old Alfred Harrell Highway on the subdivision's
north boundary and from Lake Ming Road on the east boundary.
EOT Vesting Tentative Tract Map 6850 Page 3
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.
CONCLUSION:
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 6850 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 6850 (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 6850 (Phased) Project Location-Specific: Near the northwest corner of Alfred Harrell Highway and Lake Ming
Road.
Project Location-City: Bakersfield Project Location-County: Kern Description of Project: Request for an extension of time for Vesting Tentative Tract 6850
consisting of 196 single family lots, 4 landscape lots, 1 sump lot, and 1 private street lot on
53.13 acres. Name of Public Agency Approving Project: City of Bakersfield Name of Person or Agency Carrying Out Project: Future Value Construction Inc.
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 Section15061(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: 7/21/2023
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 6850 LOCATED NEAR THE NORTHWEST CORNER OF ALFRED HARRELL
HIGHWAY AND LAKE MING ROAD.
WHEREAS, Future Value Construction Inc., filed an application with the City of Bakersfield
Planning Department requesting an extension of time for Vesting Tentative Tract Map 6850 (the
“Project”) located in the City of Bakersfield as shown on attached (Exhibit “A”); and
WHEREAS, the application was submitted on May 15, 2023, which is prior to the expiration
date of Vesting Tentative Map 6850, 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
November 29, 2006, conditionally approved by the Planning Commission on December 7, 2009;
and
WHEREAS, a mitigated negative declaration was previously approved by the Planning
Commission on December 7, 2006, for Vesting Tentative Tract Map 6850; 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, July 20, 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 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 6850 is hereby extended until June
6, 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 July 20, 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