JE:CC/S:\\05_Land Division\24-60000097_VTTM 7471_6220 Morning Drive\01_Hearing & Noticing Documents\Draft\Templates\VTTM7471_Staff Report
CITY OF BAKERSFIELD
PLANNING COMMISSION
STAFF REPORT
MEETING DATE: May 1, 2025 AGENDA CATEGORY: 6.a.
TO: Chair Cater and Members of the Planning Commission
FROM: Jennie Eng, Assistant Planning Director J.Eng
DATE: April 25, 2025
FILE: Vesting Tentative Tract Map 7471 (Phased)
WARD: 3
STAFF PLANNER: Courtney Camps, Principal Planner
REQUEST: A proposed vesting tentative tract map to subdivide 83.97 acres into 363 single-family residential lots, 5 landscape lots, 5 private landscape lots, 1 retention basin, 1 private retention basin and 1 private park in the R-1 (Single-Unit Dwelling) zone, including a request for alternate lot and street design, and to waive mineral rights signatures pursuant to BMC 16.20.060 A.1. (Ward 3)
APPLICANT: OWNER:
San Joaquin Engineering, Inc. LGI Homes – California, LLC 200 New Stine Road, Suite 175 2251 Douglas Blvd., Suite 110 Bakersfield, CA 93309 Roseville, CA 95661
LOCATION: Southwest corner of Morning Drive and Paladino Drive.
APN: 437-010-43
PROJECT SIZE: 83.97 acres CEQA: Section 15162 (MND)
EXISTING GENERAL PLAN DESIGNATION: LR (Low-Density Residential) EXISTING ZONE CLASSIFICATION: R-1 (Single-Unit Dwelling)
STAFF RECOMMENDATION:
Adopt Resolution and suggested findings APPROVING Vesting Tentative Tract Map 7471 (Phased) with conditions.
SITE CHARACTERISTICS:
The project site is vacant land. Surrounding properties are primarily developed as: north – vacant land; east – vacant land; south - single-family residential; and west - vacant.
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BACKGROUND AND TIMELINE:
• August 24, 1977 – This site was annexed into the City as part of a larger annexation (Annexation 240, Rio Bravo Annexation) (Ordinance No. 2370).
• October 8, 2003 – City Council approved the original Vesting Tentative Tract Map 6191; the Council upheld the Planning Commission’s decision to approve the subdivision on an appeal by the Sierra Club. The original VTTM 6191 contained 173 lots for single -family residential development (Resolution No. 121-03).
• October 20, 2005 – Original approval of Revised Vesting Tentative Tract Map 6191 by your Commission to create 281 single-family residential lots, 5 landscape lots, and a retention basin. A Mitigated Negative Declaration was also adopted for RVTTM 6191 (Resolution No. 156-05).
• 2008, 2010, 2011, 2013 and 2015 – In response to the economic downturn and recession, the California State Legislature approved a series of automatic extensions for certain approved tentative subdivision maps. Consequently, these state extensions, along with the Subdivision Map Act and the Bakersfield Municipal Code, permit your Commission to approve additional extensions totaling up to six years. However, RVTTM 6191 has already exhausted all the extensions allowed.
• October 19, 2023 – Revised Vesting Tentative Tract Map 6191 expired.
• October 10, 2024 – The application for Vesting Tentative Tract Map 7471 was deemed complete.
PROJECT ANALYSIS:
The applicant is requesting a vesting tentative tract to subdivide 83.97 acres into 363 single -family residential lots, 5 landscape lots, 5 private landscape lots, 1 retention basin, 1 private retention basin and 1 private park. The residential lots range in size from 4,836 square feet (s.f.) to 15,552 s.f., and the typical lot size is approximately 50 feet wide by 100 feet deep (5,000 square feet). The net density is 4.32 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.
The project proposes utilizing previous actions taken prior to the expiration of VTTM 6191. Before VTTM 6191 expired, the subdivider prepared the property by rough grading and preparation of improvement plans. The developer encountered delays stemming from issues concerning the Mojave Pipeline.
Additionally, complications related to the design of the landscaped paseo necessitated attention to uphold the project's aesthetic and functional objectives. In light of the expiration of VTTM 6191 and these related challenges, the subdivider has introduced design modifications under VTTM 7471 to effectively address outstanding issues and facilitate the continued advancement of the project.
Consistency/Deviation from Design Standards. The applicant has requested seven (7) deviations from City standards as listed below in Table A. Except as may otherwise be described in this staff report, the proposed project, subject to the conditions of approval, complies with the ordinances and policies of the City of Bakersfield.
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Table A. Deviation Requests
REQUEST APPLICANT’S
REASON/JUSTIFICATION
STAFF COMMENT/
RECOMMENDATION
1) Double frontage lots
along Morning Drive and
Paladino Drive for Phase 1
Lots 1-20, 106-114, Phase
2 Lots 1-7, 150-154, Phase
3 Lots 1, 33-40.
Common lot and street
layouts throughout the
City utilize this lot and
street layout.
Controlling factors such as traffic, safety,
appearance, setback - APPROVE
2) Reverse corner lots for
Phase 2 Lots 91, 94, 114,
140, 144 & 148, Phase 3
Lots 18, 226, 29.
Unique shape and
dimensions of property
limit ability to adhere
strictly to City standard.
Due to configuration of the lots and to allow
for best usage of the property with uniform
lot size - APPROVE
3) Non-radial lot lines
along lots fronting cul-de-
sacs and knuckles. Double
check at final map.
Unique shape and
dimensions of property
limit ability to adhere
strictly to City standard.
Due to physical constraints, and to allow for
uniformity in lot widths and common rear
property areas - APPROVE
4) Block length to exceed
1,000 feet on Enchanted
Drive and Beauty Avenue.
Development of the
subdivision is restricted
by the existing tract
boundary and future
road alignments.
Proposed block length is 2,250 feet. This has
been reviewed by Public Works and the Fire
Department with no objection - APPROVE
5) Maximum landscape
wall height to exceed 9
feet. Phase 2 Morning
Drive wall station Max
height 10.3’, about 115’
distance. Phase 3 Morning
Drive wall station Max
height 9.5’, about 50’
distance.
Development of the
subdivision is restricted
by the existing tract
boundary and future
road alignments.
This has been reviewed by Public Works and
Parks and Recreation with no objection -
APPROVE
6) Use of Storm Drain
easements. Phase 1 Lot D,
Phase 2 Lot F & G, Phase 3
Lot B.
Development requires
the use of storm drain
easements along the
sides of residential lots.
Because of the Mojave
Pipeline, the tract will
have 2 separate
retention basins. Due to
the inclusion of the
paseo and the need for
a second basin, a storm
This has been reviewed by the Public Works
Department with no objection - APPROVE
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drain easement will
need to be included.
7) Allow 300’ centerline
radius on Thorner Street,
Happy Court and Elated
Court.
Some phases being
subdivided have shapes
due to the Mojave
Pipeline and alignment
of the boundary, thus
limiting the ability to
strictly adhere to City
standard.
Reduction will not negatively impact public
safety - APPROVE
Circulation. Access to this subdivision would be from Paladino Drive (arterial street) on the subdivision's north boundary and from Morning Drive (arterial street ) to the east. Along the southern boundary Thorner Street (local street) is proposed to be extended through this subdivision to provide circulation within the neighborhood.
Park Land In- Lieu Fees/Dedication. The City of Bakersfield Recreation and Parks Department provides park and recreational services to the project site. The nearest existing City park is either University Park to the west or City Hills Park to the east. Staff recommends payment of in-lieu fees to satisfy the park land requirement of Bakersfield Municipal Code (BMC) Chapter 15.80 (Condition No. 17).
Mineral Rights. The applicant is requesting the Planning Commission approve waiver of mineral rights signatures on the final map pursuant to BMC 16.20.060 A.1 as the party’s right of surface entry has been waived by recorded document prior to recordation of any final map. Staff has received evidence of surface waiver; therefore, the final map shall have a statement indicating the mineral owner’s name and nature of his or her interest. Nonetheless, should ownership change, staff is recommending a condition of approval requiring that prior to recordation of the first final map, the subdivider shall provide evidence verifying surface waiver from mineral interests otherwise the subdivider must return for a public hearing for a revised tentative map before the P lanning Commission in accordance with BMC Section
16.20.060. Staff recommends the Planning Commission approve waiver of these signatures on the final map, subject to the condition (Condition No. 25).
The applicant submitted a letter indicating that the California Department of Conservation’s Division of Geologic Energy Management (CalGEM) has identified several wells located both within and near the parcel boundary of the project site. These wells may impede future access to the area. If a well is uncovered during development, the subdivider must consult with CalGEM to ensure proper abandonment of the well, in accordance with the municipal code (Conditions 26-28).
ENVIRONMENTAL REVIEW AND DETERMINATION:
Based upon an initial study, Staff determined the proposed project, with mitigation, would not have a significant effect on the environment. Therefore, a Mitigated Negative Declaration (“MND”) was prepared for this project in accordance with the California Environmental Quality Act (“CEQA”). The MND was circulated for public and agency review from November 21, 2024 to December 23, 2024. The following special studies were submitted: Biological resources, cultural resources and air quality analysis.
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Comments Received. Three letters related to the proposed MND were received by staff. Respectively from Mr. Jeremy Bowman, neighboring property owner, The Sierra Club and The Department of Fish and Wildlife.
Mr. Jeremy Bowman (Letter dated December 23, 2024). Mr. Bowman raised the following concerns:
1. Aesthetics: Obstruction of scenic views and visual environment.
2. Overall character impacts: Reduced lot sizes lead to higher density.
Responses to Mr. Bowman’s Concerns:
1. Aesthetics: Views in this neighborhood are not classified as protected viewsheds. The builder of T5929 may have marketed the lots as “view lots” but the City does not enforce the view lot claims made by the builder.
2. Overall character impacts: The lot sizes comply with the current zoning ordinance for R-1 (Single- Unit Dwelling), which requires a minimum square footage of 4,500 square feet.
Sierra Club (Letter dated December 30, 2024). The Sierra Club submitted comments requesting:
1. The City should mandate that the developer achieve zero project emissions by entering into a Developer Mitigation Contract with the San Joaquin Valley Air Pollution Control District (SJVAPCD).
2. The Mitigated Negative Declaration (MND) for this project is deficient, as it has failed to compute or address the cumulative emissions from this and other proposed projects.
3. The City must require the project to adopt an adequate number of effective air pollution reduction measures to mitigate cumulative impacts.
4. A comprehensive biological survey and consultations with the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW) should be obligatory prior to project approval.
5. Mitigation strategies for habitat loss and potential species take should include the acquisition of an Incidental Take Permit and the procurement of replacement habitat.
6. The City must present a thorough analysis of the project's cumulative impact report.
Please refer to the attached memo for comments and responses.
California Department of Fish and Wildlife (Letter dated December 23, 2024). The California Department of Fish and Wildlife provided comments concerning the project. They noted that the project lies within the geographical range of several special- status animal species. While various mitigation measures are proposed to minimize impacts to a less-than-significant level, CDFW has expressed concerns regarding the effectiveness of some of these measures. Specifically, they are worried about the potential for unauthorized take of several special-status species, including:
1. The state-endangered, fully protected, and federally endangered blunt-nosed leopard lizard.
2. The state-threatened and federally endangered San Joaquin kit fox.
3. The state candidate western burrowing owl.
4. Crotch’s bumblebee.
5. The state species of special concern, the American badger.
The department emphasizes the importance of ensuring that impacts on these species are adequately addressed.
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Please refer to the attached memo for comments and responses.
Environmental Conclusion. The State CEQA Guidelines and the City of Bakersfield’s CEQA Implementation Procedures have been followed in the evaluation of the environmental effects of this project. With mitigation, environmental impacts for the proposed project have been reduced to less than significant.
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. Signs are required as part of the public notification process and must be posted between 20 to 60 days before the public hearing date. Photographs of the posted signage and the Declaration of Posting Public Hearing Notice signed by the applicant are on file at the Planning Division.
Comments Received. As of this writing, no further written public comments have been received.
CONCLUSIONS:
Consistency with General Plan and Zoning Ordinance. The proposal is consistent with land use goals and policies as contained in the General Plan, which provides for accommodations of new development which channels land uses in a phased, orderly manner and is coordinated with the provision of infrastructure and public improvements (Goal No. 4); and encourages continuity of existing development and allows incremental expansion of infrastructure (Policy No. 79). Additionally, the proposed project is consistent with the Zoning Ordinance and any future development onsite will also be required to comply w ith all applicable regulations and design standards as identified in the Zoning Ordinance.
Recommendation. Staff finds that the applicable provisions of CEQA have been complied with, and the proposal is compatible with the existing land use designation and land uses in the surrounding area. Staff finds the proposed subdivision is reasonable and the request to waive mineral rights is consistent with BMC Section 16.20.060 A.1. Based on information in the record, Staff recommends your Commission adopt the Resolution and findings APPROVING Vesting Tentative Tract Map 7471 as outlined in this staff report subject to the recommended conditions.
ATTACHMENTS:
Map Set
• Aerial
• Zone Classification
• General Plan Designation
• Vesting Tentative Tract Map 7471 (Phased)
Mitigated Negative Declaration with Attachments
Correspondence
Planning Commission Draft Resolution