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Home My WebLink AboutVTTM 7235 EOT PJ:je / S:\05_Land Division\7235 EOT\01_Hearing & Noticing Documents\Drafts\7235 EOT-Staff Rept.docx CITY OF BAKERSFIELD PLANNING COMMISSION MEETING DATE: July 20, 2023 AGENDA: 5.c 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 7235 WARD: 4 STAFF PLANNER: Noeli Topete, Associate Planner I REQUEST: Three-year extension of time for Vesting Tentative Tract Map 7235 that allowed 254 single- family residential lots on 70.93 acres. APPLICANT: OWNER: McIntosh & Associates Kern Land Partners, LLC P.O. Box 21687 P.O. Box 11358 Bakersfield, CA 93390 Bakersfield, CA 93389 LOCATION: Southeast corner of Seventh Standard Road and Calloway Drive in northwest Bakersfield. APN: 492-070-05, 492-070-01, 492-070-06, 492-070-07, 492-070-03 PROJECT SIZE: 70.93 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 7235 to expire on June 15, 2026. SITE CHARACTERISTICS: The project site is vacant land. Surrounding properties are primarily developed as: north – single-family residences; east – fallow agricultural land; south – single-family residences; and west – fallow agricultural land. EOT Vesting Tentative Tract Map 7235 Page 2 BACKGROUND AND TIMELINE: • September 11, 2013 - City Council approved a change in the zone district from A (Agricultural) to R-1 (One Family Dwelling) upon annexation from the County of Kern to the City. At that time, the City Council also adopted a mitigated negative declaration for the project (PC Resolution No. 24-13 and Ordinance No. 4736). • January 16, 2014 - The Bakersfield Planning Commission approved Vesting Tentative Tract Map (VTTM) 7235 (Resolution No. 02-14). At this time, a request for annexation was also being processed. • December 15, 2015 - The project site and surrounding area was annexed to the City as a part of the Seventh Standard Road No. 2 Annexation (Annexation # 649). VTTM 7235 became effective on this date, which set the date of expiration as December 15, 2018. • October 18, 2018 - The Planning Commission approved a three-year extension of time for VTTM 7235 to expire December 15, 2021 (Resolution No. 90-18). • September 2021 - The Governor signed Assembly Bill 1561 allowing for an automatic 18-month extension of time. VTTM 7235 is to expire June 15, 2023. • May 8, 2023 - The applicant submitted a completed application requesting an extension of time for VTTM 7235. PROJECT ANALYSIS: The proposed vesting tentative tract subdivision consists of 254 single-family residential lots on 70.93 acres. The typical residential lot is the lot size is approximately 82 feet wide by 115 feet deep (9,430 square feet), and the net density is 4.8 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. No phase of this map has recorded. No home construction has occurred within the subdivision. According to the applicant, a Lot Line Adjustment and General Plan Amendment / Zone Change have been submitted for the project and more time is needed to record the maps. The applicant states final map recordation and construction is expected in July 2024. 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 15, 2023, expiration date. This current request represents the last request for VTTM 7235. Circulation. Access to this subdivision would be from Seventh Standard Road on the subdivision's north boundary and from Calloway Drive on the west 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. EOT Vesting Tentative Tract Map 7235 Page 3 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 7235 to expire on June 15, 2026, with no changes to previously approved conditions of approval. ATTACHMENTS: Map Set • Aerial • Zone Classification • General Plan Designation • VTTM 7235 (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 7235 (Phased) Project Location-Specific: Southeast corner of Seventh Standard Road and Calloway Drive. Project Location-City: Bakersfield Project Location-County: Kern Description of Project: Request for an extension of time for Vesting Tentative Tract 7235 consisting of 254 single family lots on 70.93 acres. Name of Public Agency Approving Project: City of Bakersfield Name of Person or Agency Carrying Out Project: McIntosh and Associates 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\7235 EOT\01_Hearing & Noticing Documents\Drafts\7235 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 7235 LOCATED AT THE SOUTHEAST CORNER OF SEVENTH STANDARD ROAD AND CALLOWAY DRIVE. WHEREAS, McIntosh & Associates, representing Kern Land Partners LLC, filed an application with the City of Bakersfield Planning Department requesting an extension of time for Vesting Tentative Tract Map 7235 (the “Project”) located in the City of Bakersfield as shown on attached (Exhibit “A”); and WHEREAS, the application was submitted on May 8, 2023, which is prior to the expiration date of Vesting Tentative Map 7235, 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 December 4, 2013, conditionally approved by the Planning Commission on January 16, 2014; and WHEREAS, a mitigated negative declaration was previously approved by the Planning Commission on September 11, 2013, for Vesting Tentative Tract Map 7235; 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\7235 EOT\01_Hearing & Noticing Documents\Drafts\7235 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 7235 is hereby extended until June 15, 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