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Home My WebLink AboutEOT VTPM 12251 NT:PJ:je / S:\05_Land Division\24-60000005_EOT VTPM 12251_9600 Panama Lane\01_Hearing & Noticing Documents\Drafts\EOT VTPM 12251-Staff Rept_final.docx CITY OF BAKERSFIELD PLANNING COMMISSION MEETING DATE: February 15, 2024 AGENDA: 5.a. TO: Chair Bashirtash and Members of the Planning Commission FROM: Paul Johnson, Planning Director J.Eng for PJ DATE: February 9, 2024 FILE: Extension of Time Vesting Tentative Parcel Map 12251 (Phased) WARD: 5 STAFF PLANNER: Noeli Topete, Assistant Planner REQUEST: Three-year extension of time for Vesting Tentative Parcel Map 12251 that allowed 9 commercial parcels and a designated remainder on 32.01 acres. APPLICANT: OWNER: McIntosh & Associates Daryl C. Nicholson P.O. Box 21687 2101 San Gabriel Ave Bakersfield, CA 93390 Clovis, CA 93611 LOCATION: Northeast corner of Old River Road and Panama Lane in southwest Bakersfield. APN: 545-020-13 PROJECT SIZE: 32.01 acres CEQA: Section 15060(c)(3) (Review for Exemption) EXISTING GENERAL PLAN DESIGNATION: LMR (Low Medium Density Residential) and GC (General Commercial) EXISTING ZONE CLASSIFICATION: R-2 (Limited Multiple Family Dwelling Zone) and C-2/PCD (Regional Commercial/Planned Commercial Development) STAFF RECOMMENDATION: Adopt Resolution and suggested findings APPROVING extension of time for Vesting Tentative Parcel Map 12251 to expire on January 4, 2027. SITE CHARACTERISTICS: The project site is largely vacant except for a gas station and convenience store occupying the southwest corner of the site. Surrounding properties are developed as: north – single-family homes; east – single-family homes and a self-storage business; south – undeveloped single-family residential land; and west – undeveloped single-family residential land and a pharmacy. BAKERSFIELD THE SOUND OF S'Olllff,f/4w;, Be#.et EOT Vesting Tentative Parcel Map 12251 Page 2 BACKGROUND AND TIMELINE: • July 31, 1991 – City Council approved a change in the zone district to A-20A (Agriculture – 20-acre minimum) upon annexation from the County of Kern to the City (Ordinance No. 3384) • 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). • May 26, 1993 –City Council approved a change in the zone district from A-20A (Agriculture – 20-acre minimum) to R-1 (One Family Dwelling) for the northern half of VTPM 12251 (Ordinance No. 3534). • July 28, 1993 – City Council approved a change in the zone district from A-20A (Agriculture – 20-acre minimum)to R-1 (One Family Dwelling) for the southern half of VTPM 12251 (Ordinance No. 3549). • March 7, 2012 – City Council approved a change in the zone district from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 20.47 acres along Panama Lane (Ordinance No. 4661). • January 4, 2018 – The Bakersfield Planning Commission approved Vesting Tentative Parcel Map (VTPM) 12251 which was scheduled to expire on January 3, 2021. At that time, the Planning Commission also adopted a negative declaration (PC Resolution No. 05-18). • September 9, 2020 – City Council approved GPA/ZC 19-0184 and the mitigated negative declaration which changed the land use entitlements to a low medium density residential designation with corresponding R-2 (Limited Multiple Family Dwelling) zoning on the northern portion of VTTM 12251 (Ordinance No. 5019). • February 4, 2021 – Planning Commission approved PCD No. 20-0281 which proposed the development of a 118,755-square-foot regional commercial center on approximately 12.56 acres in the C-2/PCD (Regional Commercial/Planned Commercial Development Zone) district. The regional commercial center consists of multi-tenant retail space, grocery store, gym, and restaurant space. These uses are permitted “by-right” in the C-2 zone; however, when combined with the PCD zone, an additional level of review was provided to your Commission (PC Resolution No. 08-21). • March 4, 2021 – The Bakersfield Planning Commission approved a three-year extension of time for VTPM 12551 to expire on January 3, 2024 (Resolution No. 13-21). • June 17, 2021 – Vesting Tentative Tract Map 7381 overlays the designated remainder of VTPM 12251. The Bakersfield Planning Commission approved Vesting Tentative Tract Map (VTTM) 7381 for multiple family residences. VTTM 7381 is scheduled to expire on June 16, 2024. The Planning Commission also adopted a negative declaration (PC Resolution No. 31-21). • January 3, 2024- The applicant submitted a completed application requesting an extension of time for VTPM 12251. PROJECT ANALYSIS: The proposed Vesting Tentative Parcel Map 12251 consists of 9 commercial parcels and a designated remainder on 32.01 acres. The commercial parcels range in size from 0.79 acres to 3.04 acres. The proposed map consists of 9 phases for financing reasons as well as meeting the current market demands. In June 2021, VTTM 7381, which overlays the designated remainder of VTPM 12251, was approved by the Bakersfield Planning Commission. VTTM 7381 proposes 58 duplexes on 58 lots, totaling 116 dwelling units. 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 consisting of one commercial parcel on 2.32 acres. 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. Historically, City policy has been to approve EOT Vesting Tentative Parcel Map 12251 Page 3 extensions of time in two (2), three-year intervals. The applicant requested the extension of time in writing prior to the January 3, 2024, expiration date. This request represents the last request for an extension of time for VTPM No.12251. Circulation. Access to this subdivision would be from Old River Road (arterial) on the subdivision's west boundary and from Panama Lane (arterial) on the south. 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 15060(c)(3) because the activity [extension of time] is not 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. 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 the final map. Based on information in the record, Staff recommends your Commission adopt the Resolution and suggested findings APPROVING the extension of time for Vesting Tentative Parcel Map 12251 to expire on January 3, 2027, with no changes to previously approved conditions of approval. ATTACHMENTS: Map Set • Aerial • Zone Classification • General Plan Designation • VTPM 12251 (plat) Notice of Exemption Planning Commission Draft Resolution MAP SET CLEARWATER CREEK WAYGIULIANI WAYTIMES SQUAREBROOKLYN AVEPENN STATION LNMETROPOLITAN WAY HORSETAIL CREEK CT LONG ISLAND DR STATEN ISLAND DRNIAGARA FALLS CTEMPIRE STATE DR CARNEGIE HALL LN BROADWAY AVE ROCKEFELLER ST BUCKHORN PEAK DR METROPOLITAN WAY OLD RIVER RDPANAMA LN PANAMA DITCH 1/22/2024 0 180 360 Feet _ Extension of Time VTPM 12251 AERIAL AE AuE CITY OF BAKERSFIELD VTPM 12251 I=' ~ BAKERSFIELD C-2/P.C.D. C-2/P.C.D. C-2/P.C.D. C-2/P.C.D. C-2/P.C.D. C-2/P.C.D. R-1 C-2 C-2 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-2 R-2 R-2 A R-1 R-1 R-1 R-1 R-1 R-1 R-1 C-2 R-1 R-1 R-1 R-1 R-1 R-1 M-1R-1 CLEARWATER CREEK WAYGIULIANI WAYTIMES SQUAREBROOKLYN AVEPENN STATION LNMETROPOLITAN WAY HORSETAIL CREEK CT LONG ISLAND DR STATEN ISLAND DRNIAGARA FALLS CTEMPIRE STATE DR CARNEGIE HALL LN BROADWAY AVE ROCKEFELLER ST BUCKHORN PEAK DR METROPOLITAN WAY OLD RIVER RDPANAMA LN PANAMA DITCH 1/22/2024 0 180 360 Feet _ Extension of Time VTPM 12251 AE AuE Zoning Commercial Zone Designations C-2 Regional Commercial C-2/P.C.D. Combining Industrial Zone Designations M-1 Light Manufacturing Resource Zone Designations A Agricultural Residential Zone Designations R-1 One Family Dwelling R-2 Limited MultipleFamily Dwelling Zone - 1 unit/2,500 sq. ft. CITY OF BAKERSFIELD VTPM 12251 EJEEJ 1111 1111 1111 CJ CJ 0 BAKERSFIELD CLEARWATER CREEK WAYGIULIANI WAYTIMES SQUAREBROOKLYN AVEPENN STATION LNMETROPOLITAN WAY HORSETAIL CREEK CT LONG ISLAND DR STATEN ISLAND DRNIAGARA FALLS CTEMPIRE STATE DR CARNEGIE HALL LN BROADWAY AVE ROCKEFELLER ST BUCKHORN PEAK DR METROPOLITAN WAY OLD RIVER RDPANAMA LN LR LR LR GC LR LR LI LR LR LR LMR LMR R-IALRLR LR LR GC LR LR LR GC GC PANAMA DITCH 1/22/2024 0 180 360 Feet _ Extension of Time VTPM 12251 AE AuE Land Use RESIDENTIAL LMR - Low Medium Density Residential: > 4 units but ≤ 10 dwelling units/net acre LR - Low Density Residential: ≤ 7.26 dwelling units/net acre COMMERCIAL GC - General Commercial INDUSTRIAL LI - LIGHT INDUSTRIAL RESOURCE R-IA - Resource - Intensive Agriculture: 20 acre minimum parcel size CITY OF BAKERSFIELD VTPM 12251 1111 1111 1111 1111 1111 0 BAKERSFIELD 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 Parcel Map 12251 (Phased) Project Location-Specific: Northeast corner of Panama Land and Old River Road Project Location-City: Bakersfield Project Location-County: Kern Description of Project: An extension of time for Vesting Tentative Parcel Map 12251 consisting of 9 commercial parcels in a C-2/PCD (Regional Commercial/Planned Commercial Development) zone and one designated remainder in an R-2 (Limited Multiple Family Dwelling) zone on 32.01 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 Section15060(c)(3), Review for 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: Assistant Planner Date: January 23, 2024 X Signed by Lead Agency Date received for filing at OPR: ______________ Signed by Applicant Prepared by NTopete\S:\05_Land Division\24-60000005_EOT VTPM 12251_9600 Panama Lane\01_Hearing & Noticing Documents\Drafts\EOT VTPM 12251 PC Res CS.docx PAGE 1 of 2 RESOLUTION NO. _____ DRAFT RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION TO APPROVE AN EXTENSION OF TIME FOR VESTING TENTATIVE PARCEL MAP 12251 LOCATED IN THE NORTHEAST CORNER OF OLD RIVER ROAD AND PANAMA LANE WHEREAS, McIntosh & Associates representing Daryl C. Nicholson, filed an application with the City of Bakersfield Planning Department requesting an extension of time for Vesting Tentative Parcel Map 12251 (the “Project”) located in the City of Bakersfield as shown on attached (Exhibit “A”); and WHEREAS, the application was submitted on January 3, 2024, which is prior to the expiration date of Vesting Tentative Parcel Map 12251, 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 17, 2017, conditionally approved by the Planning Commission on January 4, 2018; and WHEREAS, a mitigated negative declaration was previously approved by the Planning Commission on March 7, 2012, for General Plan Amendment/Zone Change (GPA/ZC) No. 11-0383; 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(c)(3), Review for Exemption; and WHEREAS, the Secretary of the Planning Commission set, Thursday, February 15, 2024, 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. Prepared by NTopete\S:\05_Land Division\24-60000005_EOT VTPM 12251_9600 Panama Lane\01_Hearing & Noticing Documents\Drafts\EOT VTPM 12251 PC Res CS.docx PAGE 2 of 2 2. The provisions of the CEQA have been followed. 3. Pursuant to State CEQA Guidelines Section 15061 (c)(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(c)(3), Review for Exemption. 3. The expiration date of Vesting Tentative Parcel Map 12251 is hereby extended until January 3, 2027. --------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 February 15, 2024, on a motion by Commissioner _____ and seconded by Commissioner ______, by the following vote. AYES: NOES: ABSENT: APPROVED ___________________________________ ZACHARY BASHIRTASH, CHAIR City of Bakersfield Planning Commission Exhibits: A. Location Map with Zoning B. Vesting Tentative Tract Map C-2/P.C.D. C-2/P.C.D. C-2/P.C.D. C-2/P.C.D. C-2/P.C.D. C-2/P.C.D. R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 C-2 C-2 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 AR-1 R-1 R-1 R-2 R-2 R-2 R-1 R-1 R-1 R-1 R-1 R-1 M-1C-2 R-1 CLEARWATER CREEK WAYGIULIANI WAYTIMES SQUAREBROOKLYN AVEPENN STATION LNMETROPOLITAN WAY HORSETAIL CREEK CT LONG ISLAND DR STATEN ISLAND DRNIAGARA FALLS CTEMPIRE STATE DR CARNEGIE HALL LN BROADWAY AVE ROCKEFELLER ST BUCKHORN PEAK DR METROPOLITAN WAY OLD RIVER RDPANAMA LN PANAMA DITCH 1/22/2024 0 180 360 Feet _ Extension of Time VTPM 12251 R-1 One Family Dwelling 6,000 sq.ft. min lot sizeR-1-4.5 One Family Dwelling 4,500 sq.ft. min lot size E Estate 10,000 sq.ft. min lot size R-S Residential Suburban 24,000 sq.ft./dwelling unit R-S-( ) Residential Suburban 1, 2.5, 5 or 10 min lot size R-2 Limited Multiple Family Dwelling 4,500 sq.ft. min lot size (single family) 6,000 sq.ft. min lot size (multifamily) 2,500 sq.ft. lot area/dwelling unit R-3 Multiple Family Dwelling 6,000 sq.ft. min lot size 1,250 sq.ft. lot area/dwelling unit R-4 High Density Multiple Family Dwelling 6,000 sq.ft. min lot size 600 sq.ft. lot area/dwelling unit R-H Residential Holding 20 acre min lot size A Agriculture 6,000 sq.ft. min lot size A-20A Agriculture 20 acre min lot size PUD Planned Unit Development TT Travel Trailer Park MH Mobilehome C-O Professional and Administrative Office C-1 Neighborhood Commercial C-2 Regional Commercial C-C Commercial Center C-B Central Business PCD Planned Commercial Development M-1 Light Manufacturing M-2 General Manufacturing M-3 Heavy Industrial P Automobile Parking RE Recreation Ch Church Overlay OS Open Space HOSP Hospital Overlay AD Architectural Design Overlay FP-P Floodplain Primary FP-S Floodplain Secondary AA Airport Approach DI Drilling Island PE Petroleum Extraction Combining SC Senior Citizen Overlay HD Hillside Development Combining WM- West Ming Specific Plan LEGEND (ZONE DISTRICTS) AE AuE CITY OF BAKERSFIELD VTPM 12251 Exhibit A 0 BAKERSFIELD Exhibit B