CA - Bakersfield: Planning Commission

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Planning Commission

PLANNING COMMISSION AGENDA MEETING OF AUGUST 1, 2019

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Council Chambers, City Hall South, 1501 Truxtun Avenue Regular Meeting 5:30 P.M.

www.bakersfieldcity.us

1. ROLL CALL

DANIEL CATER, CHAIR LARRY KOMAN, VICE-CHAIR BOB BELL MICHAEL BOWERS BARBARA LOMAS OSCAR L. RUDNICK PATRICK WADE

2. PLEDGE OF ALLEGIANCE

3. PUBLIC STATEMENTS

4. CONSENT CALENDAR NON-PUBLIC HEARING

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a. Approval of minutes for the Regular Planning Commission meeting of July 18, 2019. Staff recommends approval.

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5. CONSENT CALENDAR PUBLIC HEARINGS Ward 4 a. Extension of Time for Vesting Tentative Tract 6861: SmithTech

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USA, Inc. requests an extension of time for this tentative tract consisting of 76 single-family residential lots on 18.72 acres located north of the

Snow Road and Jewetta Avenue intersection. Notice of Exemption on file. Staff recommends approval.
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Ward 7 b. Tentative Parcel Map 12327 (Phased): Dewalt Corporation proposes to subdivide 12.81 acres into 4 parcels for commercial development located

at the southeast corner of Hosking Avenue and South H Street. Negative Declaration on file. Staff recommends approval.
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6. PUBLIC HEARINGS

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7. COMMUNICATIONS

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8. COMMISSION COMMENTS

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9. ADJOURNMENT

Kevin F. Coyle, AICP CEP Planning Director

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COVER SHEET PLANNING DEPARTMENT

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STAFF REPORT

MEETING DATE: August 1, 2019 ITEM NUMBER: 4.(a.)

TO:

FROM:

PLANNER:

DATE:

WARD:

SUBJECT: Approval of minutes for the Regular Planning Commission meeting of July 18, 2019.

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APPLICANT:

OWNER:

LOCATION:

STAFF RECOMMENDATION: Staff recommends approval.

ATTACHMENTS: Description Type Minutes of July 18, 2019 Cover Memo

1

PLANNING COMMISSION MINUTES

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Meeting of July 18, 2019 - 5:30 p.m.

Council Chambers, City Hall, 1501 Truxtun Avenue

ACTION TAKEN

1. ROLL CALL

Present: Chair Cater, Koman, Bell, Bowers, Lomas, Rudnick, Wade

Absent: None

Staff Present: Richard Iger, Deputy City Attorney; Phil Burns, Interim DS

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Director; Kevin F. Coyle, DS Planning Director; Jim

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Schroeter, Public Works Civil Engineer III; Paul Archambault,

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Building Civil Engineer III; Jennie Eng, DS Principal Planner;

Dana Cornelius, Secretary.

2. PLEDGE OF ALLEGIANCE

3.

4.

5.

PUBLIC STATEMENTS

None

CONSENT CALENDAR NON-PUBLIC HEARING

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a. Approval of minutes for the Regular Planning Commission

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meeting of June 20, 2019.

Motion by Commissioner Koman, seconded by Commissioner

Bowers, to approve Consent Calendar Non-Public Hearing Item 4.a.

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CONSENT CALENDAR PUBLIC HEARINGS

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a. Extension of Time for Vesting Tentative Tract Map 6251 (Phased):

Jason Martin requests an extension of time for this tentative tract

consisting of 13 lots for single-family residential purposes on 10

acres generally located at the south of McKenna Street,

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approximately mile east of Kern Canyon Road. Notice of

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Exemption on file.

APPROVED

RES NO 81-19

ACTION TAKEN

b. Extension of Time for Vesting Tentative Tract Map 6858: SmithTech

USA requests an extension of time for this tentative tract

consisting of 86 lots for single-family residential purposes on 20

acres, generally located near the northeast corner of Snow

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Road and Jewetta Avenue. Notice of Exemption on file.

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c. Extension of Time for Vesting Tentative Tract Map 7056 (Phased):

Dennis Sibson requests an extension of time for this tentative tract

consisting of 167 single-family residential lots on 41 acres, located

north of future Morning Drive, approximately mile north of

Paladino Drive/Morning Drive intersection. Notice of Exemption

on file.

d. Vesting Tentative Tract Map 7354: McIntosh Associates, Inc.,

proposes to subdivide 71.64 acres into 234 single-family

residential lots, various lots for private streets, private

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landscaping/common lots, and privately maintained parks, a

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water well site, and a sewer lift station, located south of the

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southwest corner of Ming Avenue and Highgate Park Boulevard

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in the West Ming Specific Plan area. EIR on file.

e. Planned Development Review No. 19-0189: Bo Lundy is

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requesting a Planned Development Review to allow

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development of a retail center in the C-2/P.C.D. (Regional

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Commercial/Planned Commercial Development Zone) district,

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located at 8120 Hughes Lane. Notice of Exemption on file. Staff

recommends continuance to August 15, 2019.

Motion by Commissioner Bowers, seconded by Commissioner Wade,

to approve Agenda Items 5.a., b., c., d., and to continue Agenda

Item 5.e. to the August 15, 2019 meeting.

RES NO 82-19

RES NO 83-19

RES NO 84-19

CONTINUED TO

AUGUST 15,

2019

APPROVED

ACTION TAKEN

6.

PUBLIC HEARINGS

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None

7.

8.

COMMUNICATIONS

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Planning Director Kevin Coyle stated there would be a Planning

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Commission meeting on August 1, and August 15, 2019.

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COMMISSION COMMENTS

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None

9.

ADJOURNMENT

There being no further business, Chair Cater adjourned the meeting

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at 5:39 p.m.

Dana Cornelius

Recording Secretary

Kevin F. Coyle, AICP CEP

Planning Director

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S:\1Planning Commission\PC\Minutes\2019\7.18 draft

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COVER SHEET PLANNING DEPARTMENT

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STAFF REPORT

MEETING DATE: August 1, 2019 ITEM NUMBER: Consent Public Hearing5.(a.)

TO: Planning Commission

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FROM: Kevin F. Coyle, AICP CEP, Planning Director

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PLANNER: Kristin Pittack, Associate Planner II

DATE:

WARD: Ward 4

SUBJECT: Extension of Time for Vesting Tentative Tract 6861: SmithTech USA, Inc. requests an extension of time for this tentative tract consisting of

76 single-family residential lots on 18.72 acres located north of the Snow Road and Jewetta Avenue intersection. Notice of Exemption on file.
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APPLICANT: SmithTech USA, Inc.

OWNER: Mark Jennifer Etcheverry

LOCATION: Approximately mile north of the intersection of Snow Road and Jewetta Avenue in northwest Bakersfield.

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STAFF RECOMMENDATION: Staff recommends approval.

ATTACHMENTS: Description Type Staff Report Staff Report Resolution Resolution Exhibit A-1 Exhibit Exhibit A-2 Exhibit Exhibit B Exhibit

Extension of Time Vesting Tentative Tract Map 6861

Prepared by KP 7.1.19 S:\TRACTS\6861 EOT\Staff Report.doc PAGE 2 of 5

PROJECT DESCRIPTION

This project is a request for an extension of time for a vesting tentative tract map to create 76 single-family residential lots and 2 landscape lots

on 18.72 acres, zoned R-1 (One-Family Dwelling Zone).
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Figure 2: SITE VISIT PHOTO

View from east boundary generally facing north.

PROJECT ANALYSIS:

Background and Timeline:

October 19, 2006. Original approval of Vesting Tentative Tract Map 6861 by your Commission to create 76 single-family lots and 2 landscape lots on an

18.72 acre subdivision area zoned R-1 (One-Family Dwelling). A Mitigated Negative Declaration for the project was adopted at the same Planning Commission meeting, which included site specific archaeological, cultural, and air quality mitigation measures.
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July 6, 2007. Vesting Tentative Tract Map 6861 is a portion of the Snow No. 9 Annexation (No. 533) which was completed and annexed into the City Of

Bakersfield.
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2008, 2009, 2011, 2013 and 2015: Automatic extensions of time as approved by State legislation (further detail provided below under Analysis ).

Analysis:

The applicant is requesting a three-year extension of time to allow for additional time to record this map. No phase of this map has recorded. The

applicant requested the extension of time in writing prior to the July 5, 2019 expiration date in response to the economic downturn which has slowed lot sales.
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Extension of Time Vesting Tentative Tract Map 6861

Prepared by KP 7.1.19 S:\TRACTS\6861 EOT\Staff Report.doc PAGE 3 of 5

In response to the Economic Downturn and the Recession, the California State Legislature approved a series of automatic extensions to certain

approved tentative subdivision maps. As a result of these state extensions, Vesting Tentative Tract Map 6861 was previously provided one additional year of approval per SB 1185 (2008), two additional years under AB 333 (2009), two additional years under AB 208 (2011), two additional years under AB 116 (2013) and two additional years under AB 1303 (2015). The cumulative result of the automatic extensions of time approved by the State is that this tentative map expires on July 5, 2019. The Subdivision Map Act allows an additional 60 days beyond the expiration date to provide local jurisdictions time to consider the extension of time request.
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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 2 three-year intervals. This current request represents the first request for Vesting Tentative Tract Map 6861. Staff recommends approval of a three- year extension of time to expire on July 5, 2022, with no changes to previously approved conditions of approval. The original subdivision application was deemed complete on September 5, 2006.
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Except as may otherwise be described in this staff report, the proposed project is subject to the original conditions of approval, and complies with

the ordinances and policies of the City of Bakersfield.
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Surrounding Uses:

The site and surrounding properties to the north and west are currently utilized for agricultural purposes. Property to the south contains

agricultural uses and a ministorage facility. Property to the east includes two single-family residences on agriculturally-zoned property and the Friant-Kern Canal.
Tagged Passions:facility, agriculture, zoning, watershed, and property

Figure 3. Aerial Photo

Extension of Time Vesting Tentative Tract Map 6861

Prepared by KP 7.1.19 S:\TRACTS\6861 EOT\Staff Report.doc PAGE 4 of 5

The project site is depicted as LR (Low Density Residential) on the Land Use Element of the Metropolitan Bakersfield General Plan. The site is

currently utilized for agricultural purposes (orchard) and is surrounded by:
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Table A. Surrounding Land Use Designations and Zoning Districts

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DIRECTION

LAND USE DESIGNATION

ZONING DISTRICT

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EXISTING LAND USE

NORTH LR R-1 Agriculture; Approved VTTM 6858

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SOUTH LR and GC E and C-2/P.C.D. Agriculture and ministorage facility

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EAST R-IA A Single-family residences and Friant-Kern Canal

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WEST LR R-1 Agriculture Land Use Designations: R-IA : Resource Intensive Agriculture LR: < 7.26 du/na GC: General Commercial

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Zoning Designations: A: Agriculture E : Estate R-1: One Family Dwelling C-2: Regional Commercial P.C.D. : Planned Commercial Development

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Circulation:

The project proposes access to the future extension of Jewetta Avenue along the western boundary with secondary access to Vesting Tentative Tract Map

6858 to the north. The closest Golden Empire Transit (GET) bus is at Old Farm and Olive Drive (Route 84), and is located approximately 1 mile southwest of the project.
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The City's Bikeway Master Plan identifies current Jewetta Avenue as Class 2 bike facility (bike lanes). The Traffic Engineer will evaluate if bike

lane striping should be installed or delayed along future extension of Jewetta Avenue and if their installation will compromise public safety (e.g. short lengths of unconnected bike lanes that would confuse drivers and cyclists increasing the likelihood of accidents). Striping would then occur at the time the City added bike lanes along the street with connections to the existing bikeway network.
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ENVIRONMENTAL REVIEW AND DETERMINATION:

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Based upon an initial environmental assessment, pursuant to the California Environmental Quality Act (CEQA) an initial study was prepared for the

original project of the subject property and a Mitigated Negative Declaration was adopted on October 19, 2006. In accordance with Section 15061(b)(3), Common Sense Exemption, this project is exempt from the requirements of CEQA because it will not affect the environment.
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Noticing:

Notice of public hearing before the Planning Commission of the City of Bakersfield for the project was advertised in the newspaper and posted on the

bulletin board of the Bakersfield
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Extension of Time Vesting Tentative Tract Map 6861

Prepared by KP 7.1.19 S:\TRACTS\6861 EOT\Staff Report.doc PAGE 5 of 5

City Planning Department. All property owners within 300 feet of the project site were notified about the hearing at least 10 days prior to the

public hearing in accordance with State law.
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CONCLUSION:

The applicant provided the application for the Extension of Time for Vesting Tentative Tract Map 6861 in a timely manner, and has requested a

three-year extension to be able have additional time to process in response to the economic downturn which has slowed lot sales. The three-year extension is reasonable and is in compliance with the extensions permitted by BMC 16.16.080. Therefore, the request is recommended for approval by the Planning Director.
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Exhibits: (attached):

Exhibit A: Resolution A-1 Location Map with Zoning A-2 Vesting Tentative Tract Map

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Exhibit B: Notice of Exemption

Prepared by KP \ S:\TRACTS\6861 EOT\EOT PC Res.docx PAGE 1 of 2 July 18, 2019

EXHIBIT A

RESOLUTION NO. _____ DRAFT

RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION TO APPROVE AN EXTENSION OF TIME FOR VESTING TENTATIVE TRACT MAP 6861, LOCATED APPROXIMATELY MILE

NORTH OF THE INTERSECTION OF SNOW ROAD AND JEWETTA AVENUE IN NORTHWEST BAKERSFIELD.
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WHEREAS, SmithTech USA, Inc., representing Mark Jennifer Etcheverry and Adavco, Inc., filed an application with the City of Bakersfield Planning

Department requesting an extension of time for Vesting Tentative Tract Map 6861 (the Project ) located in the City of Bakersfield as shown on attached (Exhibit A-1 ); and
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WHEREAS, the application was submitted on June 17, 2019, which is prior to the expiration date of Vesting Tentative Map 6861, 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 September 5, 2006, conditionally approved by the Planning Commission on

October 19, 2006; and
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WHEREAS, a mitigated negative declaration was previously approved by the Planning Commission on October 19, 2006 for Vesting Tentative Tract Map

6861; and
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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

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WHEREAS, the Project is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant State CEQA Guidelines Section

15061(b)(3), Common Sense Exemption; and
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WHEREAS, the Secretary of the Planning Commission set Thursday, August 1, 2019 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
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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:
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1. All required public notices have been given. Hearing notices regarding the

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Project were mailed to property owners within 300 feet of the Project area and

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Prepared by KP \ S:\TRACTS\6861 EOT\EOT PC Res.docx PAGE 2 of 2 July 18, 2019

published in the Bakersfield Californian, a local newspaper of general circulation, 10 days prior to the hearing.

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2. The provisions of the CEQA have been followed.

3. Pursuant to State CEQA Guidelines Section 15061(b) (3), Common Sense

Exemption, the Project is exempt from the requirements of CEQA because it will not affect the environment. The Notice of Exemption was properly

noticed for public review.
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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).

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NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Bakersfield as follows:

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1. The above recitals, incorporated herein, are true and correct.

2. The project is exempt from CEQA, pursuant to CEQA Guidelines Section 15061(b)(3), Common Sense Exemption.

3. The expiration date of Vesting Tentative Tract Map 6861 is hereby extended until

July 5, 2022.

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 August 1, 2019, on a motion by Commissioner _____ and seconded by Commissioner ______, by the following vote.
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AYES:

NOES:

ABSENT:

APPROVED

___________________________________ DANIEL CATER, CHAIR City of Bakersfield Planning Commission

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Exhibits: A-1 Location Map with Zoning A-2 Vesting Tentative Tract Map

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A A

R-S -2.5

A A A A

R-1

R-1 R-1

E

COCONUT GROVE CT

COMMODORE DR

MA RS

CI AN

O ST

JERSEY SHORE DR

HIGH COUNTRY DR

AL DE

RB RO

OK LN

SAVANNAH

FALLSDR

BR OW

N JU

G W

AY

RUBY RIVER DR

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TH OR

P W

AY

GLENN

MILLER CT

MANHATTAN DRALEXANDER FALLS AVE

STONEHAM ST

PAVILION DR

ME EK

ER W

AY


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