HomeMy WebLinkAboutVTTM 7334 EOT NT \ S:\05_Land Division\7334 EOT\01_Hearing & Noticing Documents\Drafts\7334 EOT-Staff Rept.docx
CITY OF BAKERSFIELD
PLANNING COMMISSION
MEETING DATE: July 20, 2023 AGENDA: 5.d
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 7334
WARD: 5
STAFF PLANNER: Noeli Topete, Associate Planner I
REQUEST: Three-year extension of time for Vesting Tentative Tract Map 7334 that allowed 66 multi-
family lots, 1 common area lot, 7 private street lots, and 2 landscape lots on 20.07 acres.
APPLICANT: OWNER:
McIntosh & Associates Wings Way, LLC
P.O. Box 21687 P.O. Box 11358
Bakersfield, CA 93390 Bakersfield, CA 93389
LOCATION: Northeast corner of Panama Lane and South Allen Road in southwest Bakersfield.
APN: 535-010-50
PROJECT SIZE: 20.07 acres CEQA: Section 15061(b)(3)
EXISTING GENERAL PLAN DESIGNATION: LMR (Low-Medium Density Residential)
EXISTING ZONE CLASSIFICATION: R-2 (Limited Multi-Family Dwelling)
STAFF RECOMMENDATION: Adopt Resolution and suggested findings APPROVING extension of time for
Vesting Tentative Tract Map 7334 to expire on June 17, 2026.
SITE CHARACTERISTICS: The project site is undeveloped land. Surrounding properties are primarily
developed as: north – single family residential; east – agricultural land; south – agricultural land; and west
– agricultural land.
EOT Vesting Tentative Tract Map 7334 Page 2
BACKGROUND AND TIMELINE:
• August 11, 1992 - Buena Vista No. 5 was annexed to the City Of Bakersfield. This project site was
included as a portion of this annexation area (Annexation 355).
• March 14, 2007 - City Council approved General Plan Amendment/Zone Change 06-0925 to change
the land use designation from R-1A (Resource – Intensive Agriculture) to LR (Low Density Residential)
and zoning from A-20A (Agriculture – 20 acre minimum) to R-1 (One Family Dwelling) on 60-acres. At
that time, the Planning Commission also adopted a mitigated negative declaration for the project
(Ordinance No. 4414 and CC Resolution No. 033-07).
• August 15, 2018 - City Council approved General Plan Amendment/Zone Change 18-0032 to change
the land use designation from LR (Low Density Residential) to LMR (Low Medium Density Residential)
and zoning from R-1-4.5 (One Family Dwelling – 4,500 square foot minimum lot size) to R-2 (Limited
Multiple Family Dwelling) (Ordinance No. 4941 and CC Resolution 106-18).
• June 18, 2020 - The Bakersfield Planning Commission approved Vesting Tentative Tract Map (VTTM)
7334 which is scheduled to expire June 17, 2023 (PC Resolution No. 33-20).
• May 8, 2023 - The applicant submitted a completed application requesting an extension of time for
VTTM 7334.
• May 17, 2023 - The applicant submitted an application for a Site Plan Review to construct 86 duplexes
and associated community center (SPR No. 23-0209).
PROJECT ANALYSIS:
The proposed vesting tentative tract subdivision consists of 66 multi-family, 1 common area lot, 7 private
street lots, and 2 landscape lots on 20.07 acres. The typical residential lot is approximately 63.81 feet wide
by 113.95 feet deep (7,271 square feet), and the net density is 4.3 units per net acre based on the
submitted site plan review, which is consistent with the LMR designation of the project site of greater
than 4 units but less than or equal to 10 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 multi-family home construction has occurred within
the subdivision.
According to the applicant, a Site Plan Review application has been submitted and grading plans are being
processed; therefore, more time is needed for recordation. The applicant states final map recordation is
expected April 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 17, 2023, expiration date. This current request represents the first request for VTTM
7334.
Circulation. Access to this subdivision would be from Panama Lane on the subdivision's south boundary
and from South Allen Road on the west boundary.
EOT Vesting Tentative Tract Map 7334 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.
CONCLUSIONS:
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 7334 to expire on June 17, 2026, with
no changes to previously approved conditions of approval.
ATTACHMENTS:
Map Set
• Aerial
• Zone Classification
• General Plan Designation
• VTTM 7334 (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 7334 (Phased) Project Location-Specific: Northeast corner of Panama Lane and South Allen Road
Project Location-City: Bakersfield Project Location-County: Kern Description of Project: Request for an extension of time for Vesting Tentative Tract 7334
consisting of 66 lots for multi-family residential development, 1 common area lot, 7 private
street lots, and 2 landscape lots on 20.07 acres. Name of Public Agency Approving Project: City of Bakersfield Name of Person or Agency Carrying Out Project: McIntosh & 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: 7/20/2023
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 7334 LOCATED AT THE NORTHEAST CORNER OF PANAMA LANE AND
SOUTH ALLEN ROAD.
WHEREAS, McIntosh & Associates, representing Wings Way, LLC, filed an application with
the City of Bakersfield Planning Department requesting an extension of time for Vesting Tentative
Tract Map 7334(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 7334, 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 May
7, 2020, conditionally approved by the Planning Commission on June 18, 2020; and
WHEREAS, a mitigated negative declaration was previously approved by the Planning
Commission on March 14, 2007, for Vesting Tentative Tract Map 7334; 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 7334 is hereby extended until June
17, 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