HomeMy WebLinkAboutORD NO 3595ORDINANCE NO. 3 5 9 5
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 104-20 BY CHANGING THE ZONING OF 355.56
ACRES GENERALLY LOCATED SOUTH OF STATE
HIGHWAY 178 GENERALLY BETWEEN MORNING
DRIVE AND COMANCHE DRIVE SURROUNDING MESA
MARIN RACEWAY FROM RS 2.5A (RESIDENTIAL
SUBURBAN 2.5 ACRE MINIMUM) TO OS (OPEN
SPACE), R-I (ONE FAMILY DWELLING) AND C-1
(NEIGHBORHOOD COMMERCIAL) ZONES. (WARD 3).
WHEREAS, in accordance with the procedure set forth in the provisions of
Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held
a public hearing on a petition to change the land use zoning of those certain properties
in the City of Bakersfield generally located south of State Highway 178, generally
between Morning Drive and Comanche Drive surrounding Mesa Marin Raceway; and
WHEREAS, by Resolution No. 14-94 on March 17, 1994, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve to OS (Open Space) on 41.07 + acres, R-1 (One Family
Dwelling) on 295.18 + acres and C-1 (Neighborhood Commercial) on 19.31 -+ acres, as
delineated on attached Zoning Map No. 104-20 marked Exhibit "B", by this Council and
this Council has fully considered the findings made by the Planning Commission as set
forth in that Resolution; and
WHEREAS, the Planning Commission, as a result of said hearing, did
make several general and specific findings of fact which warranted a negative declaration
of environmental impact and changes in zoning of the subject property from RS 2.5A
(Residential Suburban 2.5-acre minimum lot size) to OS (Open Space), R-1 (One Family
Dwelling) and C-1 (Neighborhood Commercial) zones and the Council has considered
said findings and all appear to be true and correct; and
WHEREAS, the law and regulations relating to the preparation and
adoption of Negative Declarations, as set forth in CEQA and City of Bakersfield's
CEQA Implementation Procedures, have been duly followed by city staff, Planning
Commission and this Council; and
WHEREAS, a Negative Declaration with mitigation was advertised and
posted on February 8, 1994, in accordance with CEQA; and
WHEREAS, with approval of General Plan Amendment 1-94, Segment III,
the general plan designation for this area allows commercial and residential
development; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
1. All required notices have been given.
2. The provisions of the California Environmental Quality Act
(CEQA) have been followed.
3. Based on the Initial Study, staff has determined that the proposed
project, as recommended, will not have a significant effect on the environment. A
Negative Declaration was advertised and posted on February 8, 1994.
4. Conditions of approval attached to the project as Exhibit "A" are
included in the project to mitigate impacts.
5. The zone change, as recommended, is compatible with the adjacent
development and zone districts to the project site.
6. The zone change, as recommended, and subject to GPA 1-94,
Segment III, is consistent with the Metropolitan Bakersfield 2010 General Plan.
7. Conditions of approval for the project as Exhibit "A" are included to
mitigate impacts on school districts, biological resources, air quality, traffic and cultural
resources.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
correct.
2.
adopted.
All of the foregoing recitals are hereby found to be true and
The Negative Declaration with mitigation is hereby approved and
3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City
of Bakersfield be and the same is hereby amended by changing the land use zoning of
that certain property in said City, the boundaries of which property is shown on Zoning
Map No. 104-20 marked Exhibit "B" attached hereto and made a part hereof, and are
more specifically described in attached Exhibit "C".
4. Such zone change is hereby made subject to the conditions of
approval listed in attached Exhibit "A".
SECTION 2.
This ordinance shall be posted in accordance with provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and after
the date of its passage.
......... 000 .........
2
! HEREBY CERTIFY that the foregoing Ordinance was passed and
adopted by the Council of the City of Bakersfield at a regular meeting thereof held on
dON I ~ 1~3~ , by the following vote:
/~/~.~.' COUNCILMEMbERS I~, EOWAR~DS, OeMOND, ~'.'~,~TH, BRUNNI, ROWLES, $ALVAGGIO
NOES: COUNCiLMEMBERS
kBSTNN: COUNCILMEMBERS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JIJ~ I ,~ 199~.
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
ACTING CITY ATTORNEY of the City of Bakersfield
MO:pjt
April 5, 1994
res\o194s3.cc
3
EXHIBIT "A"
Zone Change No. 5546
In order to mitigate the impacts of any natural to urban land conversion on the San Joaquin kit fox
(a State and Federally-listed Endangered Species), the applicant must, prior to ground disturbance,
follow the Advisory Notice, detailing the Interim Mitigation Measures established for the
Metropolitan Bakersfield ttabitat Conservation Plan.
It is required that the potential kit fox dens on the project site be identified by a kit fox clearance
survey and be carefully excavated under the supervision of a qualified biologist prior to grading and
construction operations, in accordance with the provisions of the Metropolitan Bakersfield Habitat
Conservation Plan and the State and Federal guidelines.
It is required that all personnel working within the area be instructed in sensitive species avoidance
techniques and reporting in accordance with the provisions of the Metropolitan Bakersfield Habitat
Conservation Plan.
It is required, prior to approval of land division or development proposal, that a buffer zone of 50
feet from the outside edge of the riparian habitat be established along that portion of the project that
borders the Kern River and that no development be allowed within the buffer zone.
Proposed project actions will result in the take of the San Joaquin kit fox and the blunt-nosed leopard
lizard. In order to undertake project construction, the developer shall complete one of the following
two actions:
Obtain independent permits under Section 10(a) of the Federal Endangered Species Act and
Section 2081 of the Fish and Game Code allowing such take prior to onset of ground-
disturbing actions; or
Undertake project actions within the specified conditions of the regional Section 10(a) and
Section 2081 permits currently being sought for the Bakersfield Metropolitan area.
Should the city obtain Section 10(a) and 2081 permits under 7.A above, the following protection
measures shall be used during construction:
During construcfion, stockpiling of equipment and vehicles shall utilize those portions of the
project that will be subject to disturbance. Temporary or inadvertent disturbance will be
minimized by: staking, "flagging", or otherwise clearly marking the boundaries of the site
alignment; notifying employees of the specific areas, boundaries of the areas, and the need
to avoid disturbance to remaining areas; and posting signs or erecting temporary fencing at
access points to limit access to authorized vehicles and equipment only.
Existing dirt roads already present throughout the site shall be used during construction and
subsequent maintenance activities in order to minimize any disturbance to off-site habitats.
Speed limits on these same access roads leading to and from the right-of-way will not exceed
20 miles per hour. Project-related work will be confined to designated routes.
Trash and food items will be promptly contained and regularly removed from the construction
site to reduce attractiveness to opportunistic predators such as ravens or coyotes and feral
dogs.
Domestic dogs belonging to employees or those under contract to the City will either be
restrained or prohibited from the project site during construction. These can be significan~:
causes of wildlife mortality. ~:i
Exhibit "A"
Zone Change No. 5546
Page 2
E. Firearms shall be prohibited from the project site during construction.
During excavation of trenches or holes, escape ramps consisting of loose earth deposited in
the test hole or trench will be placed at 1,000 linear foot or less intervals to facilitate the
escape of any wildlife species that may be inspected for entrapped wildlife in the morning
prior to onset of construction and immediately prior to the end of each working day. A final
inspection will also be made immediately before filling these holes or trenches. Any animals
discoveredwill either be allowed to escape before activitiesresume or carefully removed from
the pit or trench and allowed to escape.
Within 14 days prior to onset of construction, those portions of the site that contain grassland habitats
shall be resurveyed for San Joaquin kit fox dens and potential dens by a biologist approved by the
California Department of Fish and Game and the U.S. Fish and Wildlife Service. Such sites shall be
prominently "flagged" to reduce any likelihood for their inadvertent destruction during project
activities. Confirmed kit fox dens should be protected if possible. Buffer distances around such
denning sites should be established as follows:
~otential kit fox den: 50 feet
nown kit fox den: 100 feet
kit fox pupping den: 150 feet
All kit fox dens initially located within the site during the project inventory, and any additional dens
documented during the preactivity surveys, shall be monitored prior to onset of ground-breaking
activities to determine current use by foxes. The current level of activity at each den shall be
determined by monitoring each den for three nights. A tracking medium such as sifted flour shah be
placed at the den entrances in an effort to document kit fox use by tracks. If this technique
documents current kit fox use, the particular den shall be monitored for five nights. During this
period, the use of the den by kit foxes shah be discouraged by progressively blocking den entrances
with loose soil. After monitoring has documented that kit foxes are no longer using the den, it shall
be excavated in a manner described below.
Construction activitieswithin these buffer zones shall be limited to vehicle operation and equipment
operation on existing roads. If destruction of a kit fox den is considered to be unavoidable, the
USFWS and CDFG shall be contacted for guidance prior to ground disturbing activities in or near
the den. Each agency may concur or may recommend alternate methods to reduce impacts to the
den. With concurrence from these agencies, the subject den shah be carefully excavated either by an
authorized biologist or under the direct supervision of an authorized biologist to ensure that no
animals are trapped or injured. Any kit foxes in residence shall be allowed to escape unimpeded.
The unoccupied den shall then be completely destroyed to discourage any foxes from returning to the
site. Den destruction shall be monitored by a qualified biologist.
Potential dens shall be excavated using procedures developed by CDFG and USFWS. Destruction
of a potential San Joaquin kit fox den can occur without notification to the U.S. Fish and Wildlife
Service if preactivlty surveys document no current or prior use by kit foxes. In the event that a
potential den is determined to be a San Joaquin kit fox den during excavation, the USFWS will be
notified immediately of this change in status.
All construction work within areas where preconstruction surveys have demonstrated the potential to
affect one or more listed species shall be monitored by an authorized biologist. The biologist shah
be responsible for assisting crews in compliance with protection measures, performing surveys in front
of the crew as needed to locate and avoid sensitive species, and monitoring compliance.
Exhibit "A"
Zone Change No. 5546
Page 3
The authorized biologist shall have the authority to halt all project activity should danger to a kit fox
arise or any other listed species. Work shall proceed only after hazards to the listed species are
removed and the species is not longer at risk. The developer shall designate a field contact
representative (FCR) who will be responsible for overseeing compliance with protective stipulations
for listed species and for coordination on compliance. The FCR shall have authority to halt all
activities that are in violation of the stipulations. The FCR shall have a copy of all appropriate
stipulations when work is being conducted at the site. The FCR may be the project manager, any
other employee, or a contract biologist.
10.
Upon locating a dead or injured listed species on the project site, the developer shall notify the
USFWS and CDFG. Written notification must be made within 15 days of the date and time of the
finding or incident (if known), location of the carcass, a photograph, cause of death (if known). The
remains shall be collected by the authorized biologist and frozen as soon as possible. Injured animals
shall be transported to a qualified veterinarian for treatment at the expense of the developer. If an
injured animal recovers, the USFWS shall be contacted for final disposition of the animal.
i1.
In the event that preconstruction surveys locate an active burrowing owl nest with eggs or unfledged
young within 300 feet of the proposed construction, construction should be deferred until monitoring
by the biologist has determined that young birds have fledged and left the nest.
NOTE: If the City of Bakersfield has a final Metropolitan Bakersfield Habitat Conservation Plan in place
prior to ground disturbance for this project, then all mitigation specified in that plan by the United
States Fish and Wildlife Service and the California Department of Fish and Game will be required
in-lieu of those measures listed above.
12.
Prior to approval of land division or development proposal, an archaeological survey must be
completed. Any mitigation resulting from such report shall be implemented prior to recordation of
the land division map or development proposal approval.
13.
The project planning area shall not be prematurely cleared of existing vegetation. Only parcels or
portions of parcels within the project site identified for immediate development activity should be
graded as authorized by the developer.
14.
The creation of dust generated by individual construction activities shall be controlled by each
developer entity altering a land site within the project site. Each developer shall control dust creation
by watering the site or by using an approved soil binder to reduce fugitive dust. Water shall be
sprayed on developing areas that are unpaved and without vegetation during the course of
construction. Graded areas shall be periodicallywatered down to minimize the transport of dust from
the site, especially during periods of high winds. The soil shall be kept moist to a depth of one inch
with water applied by a method which is acceptable to the City of Bakersfield Public Works
Department and the San Joaquin Valley Unified Air Pollution Control District.
15.
Graded areas shall be revegetatedby the developer of any construction site in the project area as soon
as it is feasible after construction is completed.
16.
All approved graded areas not being utilized for development or landscaping purposes shall be
reseeded with native grasses or some type of soil binding material to reduce fugitive dust, pursuant
to City of Bakersfield standards.
17.
All public dedicated roads constructed to serve the project shall be improved in accordance with City
of Bakersfield standards.
Exhibit "A"
Zone Change No. 5546
Page 4
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
During construction and at the end of each construction work day, stockpiled materials should be
adequately watered down or covered at each construction site in the project area. Loaded trucks
containing materials susceptible to wind entrainment of dust should be adequately watered down or
covered when parked on-site and covered when transported.
All construction activitieswithin the project area shall be discontinued during first stage smog alerts.
Construction and grading activities shall not be allowed during first stage ozone alerts. First stage
ozone alerts are declared when the ozone level exceeds 0.20 pp, (1-hour average).
Project area developers shall encourage the installation of low emitting, EPA-certified fireplace inserts
and/or wood stoves or natural gas fireplaces in the proposed residential units within the project area.
Project area developers shall be encouraged to provide natural gas lines or electrical outlets in
backyards of the proposed residential units to encourage the use of natural gas or electric barbecues.
Project area developers shall be encouraged to install low nitrogen oxide (NO,) emitting and/or high
efficiency water heaters where appropriate.
The planting of trees and shrubs shall be required within the project area to filter particulate from
the air. Vegetation introduced within the project area shall consist of native species where feasible.
Bus turnouts and shelters at appropriate locations shall be planned by major land developers in the
project area and local transportation coordinating entities to encourage the efficient and practical use
of public transit. The planning of future bus locations in the area shall involve the local transit
entities servicing the area.
During construction of any areas with urban-oriented land use activities, the access points connecting
the project site with the existing roadways shall be continually checked to insure that these areas are
adequately watered down to minimize transport of dust from the site.
The mitigation measures identified for the proposed project shall be supportive of the control
measures and implementing rules and regulations of the Air Quality Attainment Plan for the San
Joaquin Valley Air Pollution Control District.
Any portion of a construction site which has not been actively utilized for construction purposes for
a period of seven (7) calendar days or more, shall be stabilized using one or more of the approved
soil stabilization methods identified in the adopted Regulation VIII Rules as approved by the
SJVUAPCD. This requirement also pertains to storage piles of fill dirt and other bulk materials.
The site developers shall take applicable measures to limit visible dust emissions on both on-site and
off-site roads and access roads during construction activities. The developers shall adhere to other
road stabilization measures identified in Regulation VIII Rules from the SJVUAPCD which require
the removal of accumulated mud and dirt in accordance with local procedures and District
requirements throughout the entire duration of the construction activity.
No person shall undertake any land clearing, scraping, excavation, land leveling, grading, cut and fill
operations, or demolition activities, without utilizing appropriate dust control measures during the
land preparation, demolition, excavation or extraction as identified in the Regulation VIII Rules.
Exhibit "A"
Zone Change No. 5546
Page 5
31.
Prior to the issuance of a building permit within the project area, the Kern High School District and
Bakersfield City School District must be paid the amount of $3.65 per square foot of assessable space
(as that term is defined in Government Code Section 65995) for each residence for the purpose of
providing school facilities. This amount will increase in even-numbered years according to the
adjustment for inflation determined by the State Allocation Board for Class B construction at its
January meeting, which increase will be effective as of the date of that meeting. This payment will
not be required if the Kern High School District has certified in writing that alternative mitigation
measures have been undertaken with respect to the project to adequately address school
overcrowding.
Fire Devartment Condition:
32.
Based upon available information fire flow may be as high as 4,000 gallons per minute for commercial
development.
Public Works Conditions:
33.
Offers of dedication will be required to allow for the construction of the major streets within the
project area in accordance with the circulation element of the 2010 General Plan and the
BreckenridgeHills Specific Plan. Such offers shall include sufficient widths for expandedintersections
and additional areas for landscaping as directed by the City Engineer. The offers of dedication shall
be submitted to the City upon development or recordation of any subdivision map or certificate of
compliance adjacent to these major streets.
34.
With the first development within the GC area, the south side (eastbound) of State Route 184, a full
landscaped median island to restrict left-turn movements across State Route 184 to specific locations
approved by Caltrans shall be constructed.
35.
The portion of the project west of Comanche Drive is within the Breckenridge Planned Drainage
Area. Applicable PDA fees will be paid upon development and subdivision of parcels within this
area.
36.
For the portion of the project east of Comanche Drive, a master drainage study for the entire
watershed area the project area lies within shall be submitted to and approved by the City Engineer
prior to development or recordation of a subdivision map or certificate of compliance. The limits of
the study shall be determined in consultation with and as directed by the City Engineer. The study
shall include treatment measures to ensure discharge flows conform to the requirements of the Clean
Water Act. Any required drainage basin site and necessary easements shall be deeded to the City
prior to recording of any subdivision map or certificate of compliance or submittal of any development
plan within the project area.
37.
State Routes 178 and 184 are future bikeways on the "Bikeway Master Plan" of the 2010 General Plan.
Upon development of adjacent areas, these State Routes shall be constructed as required by the 2010
General Plan for streets with bike lanes.
38.
At the time of further development or subdivision, the property owner(s) within the GPA area of any
areas not already within a maintenance district shall request to be annexed to an existing maintenance
district or request creation of a new maintenance district for their property.
Exhibit "A"
Zone Change No. 5546
Page 6
39.
If at the time of development a traffic signal or signals (other than the signal at the intersection of
State Route 178 and State Route 184) are proposed to serve the GC area, then a maintenance district
shall be formed over the GC area to pay for the annual operation and maintenance costs of the traffic
signal(s) prior to approval of the traffic signal construction plans.
NOTE: * indicates adjustments have been made on these items to account for the Regional Transportation
Impact Fee's contribution towards the item.
Upon further subdivision or development (at the time of issuance of a building permit), the developer
shall pay to the City fees for the proportionate share of future traffic signals in the project area. The
signals and the developer's proportionate share are as follows:
*St Rt 178 at Morning Dr
St Rt 178 at Vineland Rd
*St Rt 178 at St Rt 184
*St Rt 178 at Edison Rd
*St Rt 178 at All Har Hwy
St Rt 184 at Shalane Ave
St Rt 184 at College Ave
Shalane Ave at College Ave
$ 19,950.00
$ 68,400.00
$ 25,950.00
$ 24,750.OO
$ 17,400.00
$ 55,200.00
$ 55,950.00
$ 36,400.00
$ 304,000.00
(13.3% of $150,000.00)
(45.6% of $150,000.00)
(17.3% of $150,000.00)
(16.5% of $150,000.00)
(11.6% of $150,000.00)
(36.8% of $150,000.00)
(37.3% of $150,000.00)
(28.0% of $130,000.00)
41.
Upon further subdivision or development (at the time of issuance of a building permit), the developer
shall pay to the City fees for the proportionate share of the cost of the Fairfax Road/State Route 178
interchange.
*State Route 178 and Fairfax Rd interchange $306,000.00 ($.1% x $6,000,000.00)
42.
Upon further subdivision or development (at the time of issuance of a building permit), the developer
shall pay to the City fees for the proportionate share of additional lanes (one eastbound and one
westbound) as neededon State Route 178 from Fairfax Road to the west project boundary. The cost
of this improvement shall be determined either by an estimate submitted by the applicant and
approved by the City Engineer, or, if included, in the Regional Transportation Impact Fee Program
modification or PSR mentioned in item 11. below:
State Route 178 from Fairfax Road to west project boundary = 17.5% proportionate project share
Prior to further development or subdivision, a Project Study Report (PSR) will be required to
determine the extent and cost of improvements required along State Routes 178 and 184 both within
and outside the project boundaries. This PSR shall be approved by the City Engineer and Caltrans.
In the event that the Regional Transportation Impact Fee Program is modified to include State
Highway 178 and 184 facilities at full mitigation, preparation of a PSR will not be required and any
mitigation measures for Zone Change 5546 that are fully mitigated by this impact fee may be
subtracted from the mitigation for Zone Change 5546.
Exhibit "A"
Zone Change No. 5546
Page 7
44.
45.
The traffic study and resulting impacts identified in items 40., 41. and 42. above are based on 2057
single family units, 187,000 square feet of commercial uses, 41.07 acres of open space, and a 1000
student elementary school as projected in the traffic study, while the land use proposed could allow
different residential densities and commercial square footage and uses than projected. The fee for
items 40. and 41. only totals $192.60 per residential dwelling unit and $1.14 per square foot of
commercial use. Upon completion of the PSR and the update per item 45. below, or of the
modification to the Regional Transportation Impact Fee outlined in item 43. above, a local traffic
mitigation fee for the Zone Change 5452 area will be calculated and shall be charged at the time of
building permit. Should an increase of more than 5% in dwelling unit density or commercial square
footage be proposed for any specific project within the Zone Change area, then a review and possible
revision to the traffic study shall be required at tentative map submittal or site plan review.
Otherwise, the unit cost per residential dwelling unit calculated shall be maintained even if the
commercial square footage or residential density that is finally created is less than, or no more than
5 % greater than that proposed so that proportionate local traffic mitigation will be achieved.
Upon further subdivision or development, the subdivider/developer shall provide an updated traffic
study or studies (at tentative map submittal or site plan review) incorporating the comments and
requirements outlined in the Caltrans letter dated March 14, 1994.
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C-Z
CITY OFt BAKERSFIELO
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LEGEND
EXHIBIT "C"
Zone Change No. 5546
Legal Description
FROM AN R-S-2.SA (RESIDENTIAL SUBURBAN-2-1/2 ACRE MINIMUM LOT SIZE
AGRICULTURE) ZONE TO A C-1 (NEIGHBORHOOD COMMERCIAL) ZONE:
Being a portion of Section 20, Township 29 South. Range 29 East, Mount Diablo Base
and Meridian, in the City of Bakersfield, County of Kern, State of California, and more
particularly described as follows:
Beginning at a point on the east line of Parcel 4 of Parcel Map 2465, per map thereof
recorded April 18, 1975, in Book 13 of Parcel Maps at Page 105 in the Office of the
Kern County Recorder, said point distance 1,475.14 feet northerly from the east quarter
corner of said Section 20;
THENCE 1) N.00°40'11" E., along the east line of said Section 20, a distance of 1,164.57
feet to the northeast corner of said Section 20;
THENCE 2)
N.89°28'51" W., along the north line of said Section 20, a distance of
113.12 feet to a point on the south line of State Highway 184, also known
as Kern Canyon Road:
THENCE 3) S.46°58'36" W., along said south right-of-way line of State Route VI-KER-
184, a distance of 1,685.41 feet;
THENCE 4) S.89°19'49" E., a distance of 1,331.76 to the POINT OF BEGINNING.
Said parcel contains 19.31 acres. more or less.
FROM AN R-S-2.SA (RESIDENTIAL SUBURBAN-2-1/2 ACRE MINIMUM LOT SIZE
AGRICULTURE) ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE:
Being a portion of Section 20, Township 29 South, Range 29 East, Mount Diablo Base
and Meridian, in the City of Bakersfield, County of Kern. State of California, and more
particularly described as follows:
Parcels 1, 3, and 4 of Parcel Map 2465, per map thereof recorded April 18, 1975, in
Book 13 of Parcel Maps at Page 105 in the Office of the Kern County Recorder,
EXCEPTING THEREFROM the following described parcel:
Beginning at a point on the east line of Parcel 4 of Parcel Map 2465, per map thereof
recorded April 18, 1975, in Book 13 of Parcel Maps at Page 105 in the Office of the
Kern County. Recorder. said point distant 1.475.14 feet northerly from the east quarter
corner of said Section 20:
Exhibit "C"
Zone Change No. 5546
Page 2
THENCE 1) N.00°40'II"E., along the east line of said Section 20 a distance of 1,164.57
feet to the northeast corner of said Section 20:
THENCE 2)
N.89°28'51" W., along the north line of said Section 20 a distance of 113.12
feet to a point on the south line of State Highway 184, also known as Kern
Canyon Road:
THENCE 3) S.46°58'36" W., along said south right-of-way line of State Route VI-KER-
184, a distance of 1,685.41 feet;
THENCE 4) S.89°19'49" E., a distance of 1,331.76 to the POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM the following described parcel:
Beginning at the northwest corner of said Section 20, T.29S., R.29E., M.D.B.&M.;
THENCE S.00°22'58" W., along the west line of said Section 20 a distance of 531.48 feet
to a point on a non-tangent curve having a radius of 5,125.00 feet, concave
northwesterly, a radial to which point bears S.4°08'50" E. said point being also on the
southerly right-of-way line for State Highway 178, said point being also the northwest
corner of Parcel 1 of Parcel Map 2465, per map thereof recorded April 18, 1975, in
Book 13 of Parcel Maps at Page 105 in the Office of the Kern County Recorder;
THENCE easterly and northerly, along the southerly right-of-way line of State Highway
178, along said non-tangent curve, having a radius of 5,125.00 feet through a central
angle of 16009'56", an arc distance of 1,445.98 feet to a point on a reverse tangent curve
having a radius of 2,500.00 feet, concave southeasterly, a radial to which point bears
S.20°18'46" E.:
THENCE northerly and easterly continuing along the southerly right-of-way line of State
Highway 178, along said reverse tangent curve, having a radius of 2,500.00 feet through a
central angle of 2°24'12", and arc distance of 104.87 feet to a point, a radial to which
point bears S. 17°54'34" E., said point being also the TRUE POINT OF BEGINNING;
THENCE 1) Continuing northerly and easterly and along said southerly right-of-way line
of State Highway 178, along said curve through a central angle of 12047'27'
an arc distance of 558.11 feet to the northeast corner of said Parcel I of
Parcel Map 2465;
THENCE 2)
S.00°31'09" W. along the east line of said Parcel 1 of Parcel Map 2465, a
distance of 2,789.01 feet to a point on the northerly right-of-way line of
State Highway 184. said point being also the southeast corner of said
Parcel 1 of Parcel Map 2465:
Exhibit "C"
Zone Change No. 5546
Page 3
THENCE 3) S.46°58'36" W. along the south line of said Parcel 1 of Parcel Map 2465,
being also the northerly right-of-way line of State Highway 184 a distance
of 727.77 feet;
THENCE 4) N.00°31'09" E. a distance of 3,155.54 feet to the TRUE POINT OF
BEGINNING.
ALSO EXCEPTING THEREFROM the following described parcel:
Beginning at a point on the south line of Parcel 3 of Parcel Map 2465, per map thereof
recorded April 18, 1975, in Book 13 of Parcel Maps at Page 105 in the Office of the
Kern County Recorder. said point distant 742.56 feet easterly from the southwest corner
of said Parcel 3 of Parcel Map 2465. said point being also the TRUE POINT OF
BEGINNING;
THENCE 1) N.53°23'23" E., a distance of 332.11 feet;
THENCE 2) N.21°38'23" E.. a distance of 504.94 feet;
THENCE 3) N.24°39'37" W., a distance of 349.94 feet to a point on the southerly right-
of-way line of State Highway 184, also known as Kern Canyon Road;
THENCE 4) N.46°58'36" E., along said south right-of-way line of said State Highway
184, a distance of 142.24 feet;
THENCE 5) S.24°39'37" E.. a distance of 452.47 feet:
THENCE 6) S.21°38'23" W., a distance of 601.06 feet;
THENCE 7) S.53°23'23" W., a distance of 191.89 feet;
THENCE 8) N.89°31'37" W., along the south line of said Parcel 3 of Parcel Map 2465, a
distance of 223.89 feet to the TRUE POINT OF BEGINNING.
Said parcel contains 295.18 acres, more or less.
FROM AN R.S-2.SA (RESIDENTIAL SUBURBAN-2-1/2 ACRE M1NIMUM LOT SIZE
AGRICULTURE) ZONE TO AN OS (OPEN SPACE) ZONE:
Being a portion of Section 20. Township 29 South, Range 29 East, Mount Diablo Base
and Meridian, in the City of Bakersfield, County of Kern, State of California, and more
particularly described as follows:
Exhibit "C"
Zone Change No. 5546
Page 4
Parcel 1
Beginning at the northwest corner of said Section 20, T.29S., R.29E., M.D.B.&M.;
THENCE S.00°22'58" W., along the west line of said Section 20 a distance of 531.48 feet
to a point on a non-tangent curve having a radius of 5,125.00 feet, concave
northwesterly, a radial to which point bears S.4°08'50" E. said point being also on the
southerly right-of-way line for State Highway 178, said point being also the northwest
corner of Parcel 1 of Parcel Map 2465, per map thereof recorded April 18, 1975, in
Book 13 of Parcel Maps at Page 105 in the Office of the Kern County Recorder;
THENCE easterly and northerly, along the southerly right-of-way line of State Highway
178, along said non-tangent curve, having a radius of 5,125.00 feet through a central
angle of 16009'56", an arc distance of 1,445.98 feet to a point on a reverse tangent curve
having a radius of 2,500.00 feet, concave southeasterly, a radial to which point hears
S.2{Y'18'46" E.:
THENCE northerly and easterly continuing along the southerly right-of-way line of State
Highway 178, along said reverse tangent curve, having a radius of 2,500.00 feet through a
central angle of 2°24'12", and arc distance of 104.87 feet to a point, a radial to which
point bears S.17°54'34" E., said point being also the TRUE POINT OF BEGINNING;
THENCE 1) Continuing northerly and easterly and along said southerly right-of-way line
of State Highway 178, along said curve through a central angle of 12°47'27~
an arc distance of 558.11 feet to the northeast corner of said Parcel 1 of
Parcel Map 2465:
THENCE 2)
S.00°31'09" W. along the east line of said Parcel 1 of Parcel Map 2465, a
distance of 2,789.01 feet to a point on the northerly right-of-way line of
State Highway 184, said point being also the southeast corner of said
Parcel I of Parcel Map 2465;
THENCE 3)
S.46°58'36" W. along the south line of said Parcel 1 of Parcel Map 2465,
being also the northerly right-of-way line of State Highway 184 a distance
of 727.77 feet;
THENCE 4) N.00°31'09" E. a distance of 3,155.54 feet to the TRUE POINT OF
BEGINNING.
Said parcet contains 37.30 acres, more or less.
Exhibit "C"
Zone Change No. 5546
Page 5
Parcel 2
Beginning at a point on the south line of Parcel 3 of Parcel Map 2465, per map thereof
recorded. April 18, 1975, in Book 13 of Parcel Maps at Page 105 in the Office of the
Kern County Recorder, said point distant 742.56 feet easterly from the southwest corner
of said Parcel 3 of Parcel Map 2465, said point being also the TRUE POINT OF
BEGINNING:
THENCE 1) N.53°23'23" E., a distance of 332.11 feet;
THENCE 2) N.21°38'23" E., a distance of 504.94 feet;
THENCE 3) N.24°39'37" W., a distance of 349.94 feet to a point on the southerly right-
of-way line of State Highway 184, also known as Kern Canyon Road;
THENCE 4) N.46°58'36" E., along said south right-of-way line of said State Highway
184, a distance of 142.24 feet;
THENCE 5) S.24°39'37" E., a distance of 452.47 feet;
THENCE 6) S.21°38'23" W., a distance of 601.06 feet;
THENCE 7) S.53°23'23" W., a distance of 191.89 feet;
THENCE 8) N.89°31'37" W., along the south line of said Parcel 3 of Parcel Map 2465, a
distance of 223.89 feet to the TRUE POINT OF BEGINNING.
Said parcel contains 3.77 acres, more or less.
p:194s3.ec
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SSo
County of Kern )
CAROL WILLIAMS, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of
the City of Bakersfield; and that on the 20th day of June, 1994 she
posted on the Bulletin Board at City Hall, a full, true and correct
copy of the following: Ordinance No. 3595, passed by the
Bakersfield City Council at a meeting held on the 15th day of June,
1994, and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 104-
20 BY CHANGING THE ZONE OF 355.56 ACRES
GENERALLY LOCATED SOUTH OF STATE HIGHWAY 178
GENERALLY BETWEEN MORNING DRIVE AND COMANCHE
DRIVE SURROUNDING MESA MARIN RACEWAY FROM RS
2.5A (RESIDENTIAL SUBURBAN 2.5 ACRE MINIMUM)
TO OS (OPEN SPACE), R-1 (ONE FAMILY DWELLING)
AND C-1 (NEIGHBORHOOD COMMERCIAL) ZONES. (WARD
3)
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
EPUTY City Clerk