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HomeMy WebLinkAbout7381 EOT PJ:je / S:\05_Land Division\24-0318_T7381_EOT_Panama&OldRiver\01_Hearing & Noticing Documents\Drafts\7381 EOT-Staff Rept.docx CITY OF BAKERSFIELD PLANNING COMMISSION MEETING DATE: June 20, 2024 AGENDA: 5.a. TO: Chair Cater and Members of the Planning Commission FROM: Paul Johnson, Planning Director J.Eng for PJ DATE: June 12, 2023 FILE: Extension of Time Vesting Tentative Tract Map 7381 WARD: 5 STAFF PLANNER: Jennie Eng, Principal Planner REQUEST: Three-year extension of time for Vesting Tentative Tract Map 7381 that allowed 57 multiple- family residential lots on 16.89 acres. APPLICANT: McIntosh and Associates OWNER: Daryl C. Nicholson, et. al. PO Box 21687 2101 San Gabriel Avenue Bakersfield, CA 93390 Clovis, CA 93611 PROJECT LOCATION: Located north of Panama Lane and along the east side of Old River Road in southwest Bakersfield. APN: Portion of 54502013 PROJECT SIZE: 16.89 acres CEQA: Section 15061(b)(3) (Common Sense Exemption) EXISTING GENERAL PLAN DESIGNATION: LMR (Low Medium Density Residential) EXISTING ZONE CLASSIFICATION: R-2 (Limited Multiple Family Dwelling) STAFF RECOMMENDATION: Adopt Resolution and suggested findings APPROVING extension of time for Vesting Tentative Tract Map 7183 to expire on June 16, 2027. SITE CHARACTERISTICS: The project site is currently vacant land. Surrounding properties are primarily developed as: north – single family residential; east – single family residential; south – self-storage facility and vacant land with an approved Planned Commercial Development Review (PDR 20-0281) for a commercial shopping center; and west – undeveloped. BAKERSFIELD THE SOUND OF f;~WJ '[3e#_et EOT Vesting Tentative Tract Map 7183 Page 2 BACKGROUND AND TIMELINE: • March 5, 2020 - Planning Commission denied General Plan Amendment and Zone Change (GPA/ZC No. 19-0184) to change the land use designation from LR (Low Density Residential) to LMR (Low Medium Density Residential), and change the zoning from R-1 to R-2 (Limited Multiple Family Dwelling) on 16.89 gross acres (Resolution No. 14-20 and 15-20). The applicant appealed the decision to City Council. • August 12, 2020 - City Council upheld the appeal and approved GPA/ZC No. 19-0184 (Resolution No. 120-2020; Ordinance No. 5019). At that time, the City Council also adopted a mitigated negative declaration (Resolution No. 119-2020). • June 17, 2021 - The Bakersfield Planning Commission approved Vesting Tentative Tract Map (VTTM) 7183 which is scheduled to expire June 16, 2024. At that time, the Planning Commission also adopted a mitigated negative declaration (PC Resolution No. 31-21). • May 16, 2024 - The applicant submitted a completed application requesting an extension of time for VTTM 7183. PROJECT ANALYSIS: The proposed vesting tentative tract subdivision consists of 57 lots on 16.89 acres for purposes of multiple-family residential development. Typical lot size is approximately 60 feet wide by 120 feet deep (7,200 square feet). The applicant proposes development of duplexes to construct 116 dwelling units. The density is 11.92 units per net acre, which is consistent with the LMR designation of the project site of less than or equal to 10 dwelling units per net acre. Extension of Time. The applicant is requesting a three-year extension due to high interest rates and market conditions to allow additional time to record final maps.) No phase of this map has recorded. The applicant states that the timeline for recordation and construction is unknown at this time. 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 extensions of time in two (2), three-year intervals. The applicant requested the extension of time in writing prior to June 16, 2024 expiration date. This request represents the first request for an extension of time for VTTM No. 7183. Circulation. Access to this subdivision would be from Old River Road (arterial) on the subdivision's west boundary and from Giuliani Way, an existing local street located at the north boundary of the map. A single access point to the commercial zoned property to the south is proposed along the south boundary via Contoria Lane, local street. 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. EOT Vesting Tentative Tract Map 7183 Page 3 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 7183 to expire on June 16, 2027, with no changes to previously approved conditions of approval. ATTACHMENTS: Map Set • Aerial • Zone Classification • General Plan Designation • VTTM 7183 (plat) Notice of Exemption Planning Commission Draft Resolution jeng\\sandevsvs\devsvs\pln\SHARED\05_Land Division\24-0318_T7381_EOT_Panama&OldRiver\01_Hearing & Noticing Documents\Drafts\7381 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 7381 LOCATED NORTH OF PANAMA LANE AND ALONG THE EAST SIDE OF OLD RIVER ROAD. WHEREAS, McIntosh and Associates (Applicant), representing Daryl C. Nicholson, et. al. (Property Owner), filed an application with the City of Bakersfield Planning Department requesting an extension of time for Vesting Tentative Tract Map 7381 (the “Project”) located in the City of Bakersfield as shown on attached (Exhibit “A”); and WHEREAS, the application was submitted on May 16, 2024, which is prior to the expiration date of Vesting Tentative Map 7381, 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 26, 2021, conditionally approved by the Planning Commission on June 17, 2021; and WHEREAS, a mitigated negative declaration was previously approved by the City Council on August 12, 2020, in conjunction with Project No. GPA/ZC 19-0184 that is applicable for Vesting Tentative Tract Map 7381; 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, June 20, 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. 2. The provisions of the CEQA have been followed. jeng\\sandevsvs\devsvs\pln\SHARED\05_Land Division\24-0318_T7381_EOT_Panama&OldRiver\01_Hearing & Noticing Documents\Drafts\7381 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 Map7381 is hereby extended until June 16, 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 June 20, 2024, on a motion by Commissioner _____ and seconded by Commissioner ______, by the following vote. AYES: NOES: ABSENT: APPROVED ___________________________________ DANIEL CATER, CHAIR City of Bakersfield Planning Commission Exhibits: A. Location Map with Zoning B. Vesting Tentative Tract Map C-2 C-2 R-1 R-1 R-1 R-1 R-1 R-1 R-2 R-2 R-2 R-1 R-1 R-1 R-1 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 R-1 M-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 C-2 A CONEYISLANDDR LINCOLN CENTER CT ROCKAWAY BEACH CT STATEN ISLAND DRBRONX WAYGRAND CENTRAL AVECLEARWATERCREEKWAYGIULIANI WAYBROOKLYN AVEMETROPOLITAN WAY NIAGARA FALLS CTTIMES SQUAREEMPIRE STATE DRPENN STATION LNDUTCHMAN PEAK LN BUCKHORN PEAK DR LONG ISLAND DR CARNEGIE HALL LN BROADWAY AVE ROCKEFELLER ST METROPOLITAN WAY OLD RIVER RDPANAMA LN PANAMA DITCH 5/21/2024 0 180 360 Feet _ 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)VTTM 7381 VTTM 7381 Extension of Time CITY OF BAKERSFIELD 0 BAKERSFIELD L BASIS OF BEARINGS: ZONING LEGEND: lHE BEARING OF N 00'21'19" E SHOWN roR lHE WEST LINE OF lHE SOUlHWEST QUARTER OF SECTION 20, T. 30 S., R. 27 E. ON TRACT No. 6169 UNIT 7, FUD IN BOOK 52 OF MAPS AT PAGE 122 WAS USED AS lHE BASIS OF BEARINGS SHOWN HEREON. C-2 = P.C.D. = R-1 - R-2 = REGIONAL COMMERCIAL ZONE PLANNED COMMERCIAL DEVELOPMENT ZONE ONE FAMILY DWELLING ZONE LIMITED MULTIPLE FAMILY DWELLING ZONE BENCHMARK: LAND USE LEGEND: MONUMENT LEGEND: TOP OF CONCRETE MONUMENT IN LAMPHCl.E AT lHE INTERSECTION OF OLD RIVER ROAD AND BERKSHIRE ROAD. GC = GENERAL COMMERCIAL FOUND MONUMENT AS DESCRIBED LR = LOW DENSITY RESIDENTIAL LMR = LOW MEDIUM DENSITY RESIDENTIAL ELEVATION = 346.42' (USGS DA TUM) FLOOD ZONE: lHIS SITE IS IN A FEMA FLOOD ZONE "X" AS SHOWN ON FIRM MAP No. 06029C2JOOE, DA TED SEPTEMBER 26, 2008. AREAS DETERMINED TO BE OUTSIDE lHE 0.2X ANNUAL CHANCE FLOODPLAIN. EASEMENT LEGEND: (j) AN EASEMENT IN FAVOR OF lHE PUBLIC IN GENERAL FOR PUBLIC ROAD AND HIGHWAY PURPOSES PER SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY FILED MAY 28, 1982. @ AN EASEMENT IN FAVOR OF lHE COUNTY OF KERN roR PUBLIC ROAD PURPOSES BY ORDER OF lHE BOARD OF SUPER'IISORS OF KERN COUNTY MADE ON DECEMBER 10, 1892 AND ENTERED IN BOOK 5, PAGE 579 OF lHE MINUTE BOOKS. @ AN EASEMENT IN FAVOR OF KERN COUNTY LAND COMPANY FOR INCIDENTAL PURPOSES RECORDED JANUARY 19, 1912 IN BOOK 225, PAGE 99 OF DEEDS. (lHE EXACT LOCATION IS NOT ASCERTAINABLE FROM RECORD) © AN EASEMENT IN FAVOR OF lHE CITY OF BAKERSFIELD FOR FLOWAGE ANO ORAINAGE PURPOSES RECORDED SEPTEMBER 16, 2015 AS DOC. No. 0215129232 OF OFFICIAL RECORDS. ® AN EASEMENT IN FAVOR OF lHE CITY OF BAKERSFIELD FOR STREET RIGHT-OF-WAY PURPOSES RECORDED MAY 26, 2015 AS DOC. No. 0215065495 OF OFFICIAL RECORDS. © AN EASEMENT IN FAVOR OF lHE CITY OF BAKERSFIELD FOR FLOWAGE ANO ORAINAGE PURPOSES RECORDED .lJNE 10, 2015 AS DOC. No. 0215074113 OF OFFICIAL RECORDS. VESTING TENTATIVE TRACT No. 7381 BEING A SUBDIVISION OF THE REMAINDER PORTION OF PARCEL B OF LOT LINE ADJUSTMENT No. 14-0427 AS PER CERTIFICATE OF COMPLIANCE RECORDED JUNE 15, 2015 AS DOCUMENT No. 0215076484 O.R., IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA. OWNER(S)/SUBDIVIDER: DARYL C. NICHOLSON, TRUSTEE OF lHE DARYL C. NICHOLSON AND 'IICTORIA M. NICHOLSON TRUST AGREEMENT DATED OCTOBER 1, 1990 lHE NICHOLSON GROUP 26914 AVENUE 140 PORTER'IILLE, CA 93257 PHONE: 559-333-0611 CONTACT: DARYL NICHOLSON T. 30 s., R. 27£ ~ 19 20 HARRIS RD ~t----===+-----.---+--r- 5 < i:5 CONTAINING 57 RESIDENTIAL LOTS, 2 PUBLIC LANDSCAPE LOTS & 1 DRAINAGE SUMP LOT -16.89 ACRES GROSS NOVEMBER OF 2020 ENGINEER ::, ID PANAMA (J) AN EASEMENT IN FAVOR OF lHE CITY OF BAKERSFIELD FOR TEMPORARY FLOWAGE AND DRAINAGE PURPOSES RECORDED FEBRUARY 19, 2019 AS DOC. No. 219018213 OF OFFICIAL RECORDS. © AN EASEMENT IN FAVOR OF lHE CITY OF BAKERSFIELD roR FLOWAGE AND DRAINAGE PURPOSES RECORDED JUNE 21, 2019 AS DOC. No. 219073022 OF OFFICIAL RECORDS. ® AN EASEMENT IN FAVOR OF lHE CITY OF BAKERSFIELD FOR STREET RIGHT-OF-WAY PURPOSES RECORDED SEPTEMBER 23, 2020 AS DOC. No. 220136051 OF OFFICIAL RECORDS. STA Tl STICS: APN: 497-010-94 Portion ACREAGE: 16.89 AC. GR. / 9.73 AC. NET. NUMBER OF LOTS: 57 BUILDABLE LOTS PHASE 1 = 29 LOTS PHASE 2 = 28 LOTS MINIMUM LOT AREA ALLOWED: 6,000 NET SF EXISTING USE: VACANT PROPOSED USE: RESIDENTIAL NET DENSITY: 11.92 D.U./NET AC.-58 DUPLEXS EXISTING/PROPOSED LAND USE: LMR EXISTING/PROPOSED ZONING: R-2 WATER SOURCE: CITY OF BAKERSFIELD SEWAGE DISPOSAL: CITY OF BAKERSFIELD GAS CO. -PACIFIC GAS & ELECTRIC COMPANY ELECTRICAL -PACIFIC GAS & ELECTRIC COMPANY CABLE -BRIGHTHOUSE PHONE -AT&T SCHOOL DISTRICTS: PANAMA BUENA-VISTA UNION DIST. & KERN UNION HIGH SCHOOL DIST. SCHOOLS: ELEMENTARY -STOCKDALE ELEMENTARY MIDDLE SCHOOL -TEVIS JR. HIGH SCHOOL HIGH SCHOOL -INDEPENDENCE HIGH SCHOOL MclNTOSH & ASSOCIATES 2001 WHEELAN COURT BAKERSFIELID, CA 93309 PHONE: 661-834-4814 CONTACT: ROGER A. MclNTOSH PROJECT SITE--30--'------i~ 29 GENERAL NOTES: ALL ROAD IMPROVEMENTS AND DRAINAGE IN lHIS SUBDl'IISION SHALL BE IN ACCORDANCE l't11H lHE REQUIREMENTS ESTABLISHED BY lHE CITY OF BAIKERSFIELD. TERMINAL SUMP IS LOCATED l't11HIN lHIS SUBDl'IISION AND IS SHOWN AS DRAINAGE RETENTION BASIN LOT "A", PRE'IIOUSLY DEDICATED TO lHE CITY OF BAKERSFIELD PER TRACT No. 6169 "UNIT 2", PER DOC. No. 0215129232 O.R., PER DOC. No. 0215074113 O.R. AND PER DOC. No. 219073022 O.R. IT IS ANTICIPATED lHAT lHE GRADING OF lHIS TRACT \\ILL BE Vt11HIN lHE AMOUNTS OUTLINED WllHIN SECTION 16.16.030(0) OF lHE MUNICIPAL CODE. lHIS TRACT SHALL FOLLOW lHE "COMPLETE STREEr POLICY PER RESOLUTION 035-13 A 10' PUBLIC UTILITY EASEMENT (P.U.E.) IS PROPOSED AND IS LOCATED ON ALL FRONT AND SIDE YARDS ADJACENT TIO ALL INTERNAL STREET5. ALL RETURN RADII ARE 20' UNLESS 01HERVl1SE NOTED. ALL CUL-DE-SAC RADIUS ARE 50' UNLESS OlHER\\ISE NOTED. ALL KNUCKLE RADIUS ARE 92' UNLESS OlHERWISE NOTED. ALL CUL-DE-SAC &: KNUCKLE RETURN RADII ARE 25' UNLESS OlHERWISE NOTED. lHE PROJECT BOUNDARY IS BASED UPON A FIELD SURVEY. lHERE ARE NO EXISTING STRUCTURES WllHIN lHE PROJECT SITE. lHERE ARE NO EXISTING OIL WELLS, ACTIVE OR INACTIVE l't11HIN lHE PROJECT SITE. g 0 SCALE: 1•• -60' ........_PQGRAPHY LEGEND: • -0- E- R1 ....IL. EIGSTING POWER POLE EIGSTING DO'loN GUY EIGSTING TRAFFIC SIGN D EIGSTING STREET LIGHT EIGSTING WATER VALVE EIGSTING FIRE HYDRANT 60 0 30 60 EIGSTING WHARF HYDRANT EIGSTING SE'loER MANHOLE EIGSTING STORM DRAIN MANHOLE ----s--EIGSTING SE'loER LINE -------<>---EIGSTING STORM DRAIN LINE -· ---·•--EIGSTING WATER LINE ---OH--EIGSTING O.H. ELECTRICAL LINE(S) o-----EIGSTING UTILITY TRENCH --~"---EIGSTING EDGE OF PA\QtENT ---X ---EIGSTING CHAIN LINK FENCE ---<J-----O----EIGSTING WOOD FENCE -------(352)-EIGSTING GROUND CONTOUR ~= FLDWLINE LIP EIGSTING CURB AND GUTTER -@---LO>----PROPOSED STORM DRAIN MANHOLE AND STORM DRAIN LINE PROPOSED CATCH BASIN DIRECTION OF DRAINAGE -0·25% MIN. ANO APPROIGMAlE GRADE •------■ PHASE LINE -------TRACT BOUNDARY ABBREJr1ATIQNS EX. EXISTING TYP. T'!PICAI. FD. r0UNO I!. CENTERLINE P.U.E. PUBLIC UTILITY EASEMENT MON. MONUMENT K.C.S. KERN COUNTY SURVEYOR No. NUMBER LH. LAMPHOLE MKD. MARKED B.C. BRASS CAP P.M. PARCEL MAP P.M.W. PARCEL MAP WAI~ LLA. LOT LINE ADJJSTMENT BK. BOOK PG. PAGE O.R. omCJAL RECORDS GR. GROSS SF SQUARE FEET :I: ~ ~ z "' z oc i:j u~ ~ > u I ...