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Home My WebLink AboutADM 23-0026_Staff Report & Res cc/ /S:\05_Land Division\Administrative Review\AR-23-0026\1 PC Docs\6873/6874 ADM-Staff Report.docx CITY OF BAKERSFIELD PLANNING COMMISSION MEETING DATE: June 1, 2023 AGENDA: 5.d. TO: Chair Cater and Members of the Planning Commission FROM: Paul Johnson, Planning Director DATE: May 26, 2023 FILE: Administrative Review No. 23-0026 WARD: 7 STAFF PLANNER: Courtney Camps, Associate Planner II REQUEST: Administrative review to release two drainage easements as encumbered by two recorded covenants of easement within Vesting Tentative Tract Maps 6873 and 6874. APPLICANT: OWNER: McIntosh & Associates Norris Road, LLC P.O. Box 21687 P.O. Box 22590 Bakersfield, CA 93390 Bakersfield, CA 93390 LOCATION: West of Reliance Drive between McCutchen Road and Berkshire Road. APN: 539-010-(-66, -67 and -68) PROJECT SIZE: 59.91 gross acres CEQA: Section 15061(b)(3) (Common Sense Exemption) EXISTING GENERAL PLAN DESIGNATION: LR (Low Density Residential) & LI (Light Industrial) EXISTING ZONE CLASSIFICATION: R-1 (Single-Family Dwelling) & M-1 (Light Manufacturing) STAFF RECOMMENDATION: Adopt Resolution and suggested findings APPROVING Administrative Review No. 23-0026, as depicted in the project description. SITE CHARACTERISTICS: The project site is vacant land. Surrounding properties are primarily developed as: north – vacant land and single-family residential; east – vacant land; south – Wastewater Treatment Plant 3; and west – vacant land. Administrative Review 23-0026 Page 2 BACKGROUND AND TIMELINE: • April 6, 2004 - McCutchen No. 1 was annexed to the City of Bakersfield. This project site was included as a portion of this annexation area (Annexation 445). • May 24, 2006 - GPA/ZC 05-0423 was approved by City Council to change the zone district from A (Agriculture) to R-1 (Single-Family Dwelling). A Mitigated Negative Declaration was also adopted at this time. (Ordinance No. 4349). • July 20, 2006 - The Bakersfield Planning Commission approved Vesting Tentative Tract Map (VTTM) 6874 to create 214 single-family lots on 53.11 acres zoned R-1 (One-Family Dwelling) and 8 lots on 6.8 acres zoned M-1 (Light Manufacturing) for manufacturing purposes. At that time, the Planning Commission also adopted a mitigated negative declaration (Resolution No. 156-06). • October 5, 2006 - Planning Commission approved Vesting Tentative Tract Map 6873 to create 352 single-family lots, one sump lot, four landscape lots, one park and one offsite drill island on a 100.02 gross acre subdivision area zoned R-1 (One-Family Dwelling). At that time, The Planning Commission also adopted a Mitigated Negative Declaration (Resolution No. 203-06). • 2008-2015 - In response to the economic downturn and recession, VTTM 6873 and 6874 received a series of automatic extensions of time as authorized by the California State legislature. • March 31, 2014 - The Planning Director approved a substantial conformance request to relocate the drill site to serve VTTM 6873 and VTTM 6874 to 4 acres of M-1 property in the southeast corner of VTTM 6874 (satisfies Condition No. 28). • August 16, 2018 - The Planning Commission approved a three-year extension of time for VTTM 6874 to expire July 20, 2021 (Resolution No. 68-18) • September 6, 2018 - Planning Commission approved a three-year extension of time for VTTM 6873 to expire October 4, 2021 (Resolution No. 75-18). • September 2021 - The Governor signed Assemble Bill 1561 for an automatic 18-month extension of time. • February 16, 2023 - The Planning Commission approved a three-year extension of time for VTTM 6874 to expire February 2, 2026 (Resolution No. 10-23). • March 21, 2023 - The applicant submitted a completed application requesting an extension of time for VTTM 6873. The request is being considered by the Planning Commission on June 1, 2023. PROJECT ANALYSIS: Pursuant to Bakersfield Municipal Code Chapter 12.60, whenever an easement for parking, ingress, egress, emergency access, light and air access, landscaping or open space purposes is required by the city to be made in connection with approval of any subdivision, site plan, building permit, general plan or zoning amendment, or in satisfaction of such requirement imposed pursuant to any adopted city procedure, regulation or ordinance, such easement may be created by recorded covenant. As such, your Commission also has the authority to hold a public hearing to determine whether the restriction of the property is no longer necessary to achieve the land use goals of the City. Administrative Review 23-0026 Page 3 The applicant is proposing to release two drainage easements as encumbered by two recorded covenants of easement (Doc# 0215063439 & Doc# 0215063440) within Tract Maps 6873 & 6874. A release of covenants for drainage easement is requested to allow for the development of Tract 6874. The two covenants of drainage easement were prepared to allow for temporary drainage. Tracts 6873 and 6874 will now have a shared permanent sump, thus no longer requiring the covenants for the temporary drainage. ENVIRONMENTAL REVIEW AND DETERMINATION: In accordance with California Environmental Quality Act (“CEQA”) Guidelines Section 15061(b)(3), this proposal is exempt from the requirements of CEQA, because the proposed development will not adversely affect 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. Based on the foregoing, staff concludes the request sufficiently demonstrates compliance with the applicable provisions of the Bakersfield Municipal Code, CEQA, and necessary findings. Therefore, staff recommends approval of Administrative Review No. 23-0026 as depicted in the project description. ATTACHMENTS: A. Draft Resolution Exhibit A: Conditions Exhibit B: Location Map Exhibit C: VTTM 6873 & 6874 Exhibit D: Recorded Covenants (Doc# 0215063439 & Doc# 0215063440) B. Chapter 12.60 (Creation of Easements by Recorded Covenants) C. Notice of Exemption CCamps\S:\ 05_Land Division\Administrative Review\AR 23-0026_Reso PAGE 1 of 2 RESOLUTION NO. _____ DRAFT RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION APPROVING ADMINISTRATIVE REVIEW TO RELEASE TWO DRAINAGE EASEMENTS AS ENCUMBERED BY TWO RECORDED COVENANTS OF EASEMENT WITHIN TRACT MAPS 6873 AND 6874, LOCATED WEST OF RELIANCE DRIVE BETWEEN MCCUTCHEN ROAD AND BERKSHIRE ROAD. (FILE No. 23-0026) WHEREAS, McIntosh & Associates, representing Norris Road, LLC, filed an application with the City of Bakersfield Planning Department requesting approval of an Administrative Review to release two drainage easements as encumbered by two recorded covenants of easement within Tract Maps 6873 and 6874 in an R-1 (Single-Family Dwelling) and M-1 (Light Manufacturing) zone district, located west of Reliance Drive between McCutchen Road and Berkshire Road; and WHEREAS, the two covenants of drainage easement were prepared for Tract 6873, adjacent to the west of Tract 6874, to allow for temporary drainage as shown in attached Exhibit D; and WHEREAS, Tracts 6873 and 6874 will now have a shared permanent sump, thus no longer requiring these covenants; and WHEREAS, the Secretary of the Planning Commission set, Thursday, June1, 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 laws and regulations relating to the California Environmental Quality Act (CEQA) and the City of Bakersfield’s CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission; and WHEREAS, the above described project is exempt from the requirements of the California Environmental Quality Act in accordance with State CEQA Guidelines Section 15061 (b)(3); 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. CCamps\S:\ 05_Land Division\Administrative Review\AR 23-0026_Reso PAGE 2 of 2 3. Pursuant to State CEQA Guidelines Section 15061 (b)(3), this request is exempt from the requirements of CEQA because it will not affect the environment. 4. The proposed release of covenants of drainage easement is consistent with the objectives of Chapter 12.60 of the Bakersfield Municipal Code. 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 Section 15061(b)(3), Common Sense Exemption. 3. Administrative Review No. 23-0026, to release the covenants of drainage easement, as delineated in attached Exhibit D, for Tract Maps 6873 and 6874, shown on Exhibits B and C is hereby approved subject to the conditions of approval in attached Exhibit A. --------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 1, 2023, 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. Conditions B. Location Map C. Vesting Tentative Tract Maps 6873 & 6874 D. Recorded Covenants By CC/S:\05_Land Division\Administrative Review\23-0026_EXA EXHIBIT A CONDITIONS OF APPROVAL ADMINISTRATIVE REVIEW NO. 23-0026 1. The covenant condition to remove the drainage easements (recorded on May 20, 2015, Doc# 0215063439 & Doc# 0215063440 of the Official Records of the Kern County Recorder) is approved to be removed/terminated via recordation of a separate covenant. Applicant is responsible for providing the covenant disclosing a flowage and drainage easement to be recorded to account for the drainage from Tract 6873 being directed to the location of these drainage covenants to the City Public Works Director for review and approval prior to recordation. Applicant is responsible for all recording costs. 2. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners and boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY’s sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party.