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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 Prepared by Ntopete\S:\05_Land Division\6850 EOT\01_Hearing & Noticing Documents\Drafts\6850 EOT PC Res.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 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. Prepared by Ntopete\S:\05_Land Division\6850 EOT\01_Hearing & Noticing Documents\Drafts\6850 EOT PC Res.docx PAGE 2 of 2 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. --------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 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