HomeMy WebLinkAboutORD NO 4076ORDINANCE NO. 4 0 ff 6
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
102-31 BY CHANGING THE ZONING FROM PUD (PLANNED
UNIT DEVELOPMENT) TO PUD ON 20.30 ACRES AT 350
CALLOWAY DRIVE - GENERALLY LOCATED ALONG THE
EAST SIDE OF CALLOWAY DRIVE AND NORTH OF THE
CROSS VALLEY CANAL AND DENYING THE APPLICANT'S
APPEAL (ZC 02-0283)
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 at
350 Calloway Drive generally located along the east side of Calloway Drive and north of the
Cross Valley Canal; and
WHEREAS, by Resolution No. 70-02 on June 20, 2002, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve PUD zoning as delineated on attached Zoning Map No. 102-31 marked Exhibit "2",
by this Council and this Council has fully considered the recommendations 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 PUD to PUD 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 was advertised and posted on April 29, 2002, in
accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential, open space and
commercial development; and
WHEREAS, Careage Development Co., LLC, appealed a Planning Commission
condition requiring abandonment of the golf cart tunnel crossing under Calloway Drive and such
abandonment would be the financial responsibility of Careage Development Co., LLC.
WHEREAS, the City Council has considered and hereby makes the following findings:
I. All required public notices have been given.
2. The provisions of the California Environmental Quality Act have been followed.
Mitigation Measures/Conditions of Approval shown on Exhibit "1" are
included in the project to ameliorate impacts.
The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with the Metropolitan Bakersfield~01
10.
General Plan.
The appeal of the Planning Commission decision by Careage
Development Co. LLC, was duly considered.
The proposed development will constitute a residential environment of sustained
desirability and stability, and it will compliment and harmonize with the character
of the surrounding neighborhood and community.
The proposed development justifies exceptions from the normal
application of this code in that it integrates such elements as the location
of structures, circulation pattern, parking, open space, utilities, and other
amenities, together with a program for provision, operation and
maintenance of all areas, improvements, facilities and services provided
for the common use of persons occupying or utilizing the property.
The preliminary development plan (Exhibit "4"), as approved by the
Planning Commission and upon approval of the City Council, shall be
incorporated into and thereby become part of the zoning ordinance of the
City.
Based on the absence of evidence in the record as required by Section 21082.2
of the State of California Public Resources Code (CEQA) for the purpose of
documenting significant effects, it is the conclusion of the Lead Agency that this
project will result in impacts that fall below the threshold of significance with
regard to wildlife resources and, therefore, must be granted a "de minimis"
exemption in accordance with Section 711 of the Sate of California Fish and
Game Code. Additionally, the assumption of adverse effect is rebutted by the
above-reference absence of evidence in the record and the Lead Agency's
decision to prepare a Negative Declaration for this project.
NOW,
follows:
1.
2.
3.
4.
SECTION 1.
THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
All of the foregoing recitals are hereby found to be true and correct.
The Negative Declaration is hereby approved and adopted.
The appeal by Careage Development Co. LLC is denied.
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. 102-31 marked Exhibit "2" attached hereto and made a part hereof, and
are more specifically described in attached Exhibit "3 ".
The preliminary development plan (Exhibit 4) is approved and shall be
incorporated into and thereby become part of the zoning ordinance of the
City.
6. Such zone change is hereby made subject to the mitigation measures/conditions
of approval listed in attached Exhibit "1", subject to approval of GPA 02-0283.
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield Municipal Code and
shall become effective not less than thirty (30) days from and after the date of its passage.
......... o0o .........
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by
the Council,~l~he ~;il~ Bakersfield at a regular meeting thereof held on
SEP ~1 20~'Zcuu~ , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM. MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~
COUNCILMEMBER ~
COUNCILMEMBER ~
CLERK and Ex Officio (~rk of the
CITY
Council of the City of Bakersfierd
$£p 4. Z00Z
APPROVED
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
BART J. THI~EN
City Att°/~v// ~
3
EXHIBIT "1"
MITIGATION MEASURES/CONDITIONS
GENERAL PLAN AMENDMENT/ZONE CHANGE 02-0283
Plannin De artment
1. Dust suppression measures listed as Regulation VIII are required for all
construction in the City of Bakersfield and are regarded by the San Joaquin
Valley Unified Air Pollution Control District as sufficient mitigation to reduce PM-
1 0 impacts to less than a significant level.
2. If any human remains are discovered, all work shall stop until the Kern County
Coroner has been notified and has evaluated the remains. If any other
archaeological artifacts are discovered during site development, all work shall
stop until the find has been evaluated by a qualified archaeologist or historian.
Public Works Department
Abandon the golf cart tunnel under Calloway Drive. Careage Development Co.
shall make arrangements to properly abandon the tunnel prior to the issuance of
the first Certificate of Occupancy in association with this GPA/ZC, either through
physically abandoning the tunnel or through entering into an agreement with the
City of Bakersfield and posting approved security for the tunnel abandonment.
)RI(~It~AI
EXHIBIT "1"
GPA/ZC 02-0283
SITE PLAN REVIEW
(REVISED PUD ZC # 02-0108 GLENWOOD GARDENS)
CONDITIONS OF APPROVAL
SECTION I. DISCRETIONARY CONDITIONS:
Public Works: NOTE: Public Works Discretionary Conditions listed under Section I, Condition
Numbers 1 through 4 were satisfied with construction of Phase 1.
Prior to subdivision of or development on the site,
1.1 explain what is to become of the gap between the north property line of the Cross Valley
Canal and the south property line of the site as shown on the site plan.
1.2 submit to the City Engineer for his review and approval a comprehensive drainage and
grading plan with soil report. The soil repod is to include R-values for use in determining
paving sections and percolation tests for retention basin sites.
1.3 provide verification the retention basin adjacent to the canal will not affect canal
operations or integrity.
1.4 a mechanism shall be provided outlining responsibility, standards, and frequency of
maintenance of interim or non-publicly maintained drainage facilities.
1.5 submit to the Public Works Department and to the Building Department for their review
and approval a comprehensive plan for providing sewer service to each proposed use or
parcel. Include pipe sizes and slopes.
1.6 pay the proportionate share of landscaped median costs (currently $30 L. F. for Y2 median
on Calloway Drive) from the midsection line southerly to the Cross Valley Canal.
1.7 improvement plans for street improvements and publicly maintained sewer & drainage
facilities shall be submitted to and approved by the City Engineer prior to issuance of any
building permits.
2
3
On Calloway Drive,
2.1 as shown on the plan, the main entrance into the site shall align with the street entrance
into Tract 5836 on the west side of Calioway Drive.
2.2 dedicate and construct a northbound right turn deceleration lane at the main entry into the
development.
2.3 construct curb & gutter, street paving, and sidewalk to arterial standards from the
midsection line southerly to the Cross Valley Canal.
2.4 install and energize street lights as required by the City Engineer. Dedicate off-site
electrical easements to the City if needed to supply power to the lights.
2.5 provide a mechanism for payment of 50% of the maintenance costs for the traffic signal at
the main entrance into the facility.
2.6 the block wall shown shall be outside public right of way and the wall and associated
landscaping shall be maintained by the property owner or association mentioned above.
Because the proposed development consists of private, non-dedicated, non-publicly maintained
streets, all sewer lines and appurtenances, drainage basins, and storm drainage systems serving
the development shall be maintained by a) the property owner if the site remains as one
owner/one parcel; or b) in the event of subdivision of the property, by the entity (such as a
property owner's association) established for the use and maintenance of the nondedicated
improvements.
/F~K½ NAb
Exhibit "1" Conditions
GPA/ZC 02-0283
Page 2
4 Prior to review of ~mprovement plans by the city, or with submittal of final development plans,
whichever occurs first, the developer shall submit to the City Engineer for rewew and approval, a
letter signed and stamped by a licensed Oeotechnical Engineer, that the construction of a sump
adjacent to the Cross Valley Canal will not adversely affect the canal lining or the operation of the
canal.
Planning:
5. The applicant shall provide a bus shelter on Calloway Drive with pedestrian access to it and the
shelter design meeting ADA regulations and GET design standards The bus shelter shall be
located as approved by the City Engineer.
Condition satisfied with construction of Phase 1.
The applicant shall notify the State Dept or Oil and Gas (DOG) if excavation or grading
operations uncover a previously unknown well, in which case DOG may require the applicant to
make remedial operations.
Prior to issuance of a building permit, applicant shall install a 6 foot high fence or equivalent
along the north boundary of the Cross Valley Canal.
Condition satisfied with construction of Phase 1.
a The landscape plan shall be revised to allow a landscape width of less than 10 feet
behind sidewalk immediately adjacent the sump on Calloway Dr. The width of the
landscape area between the back of sidewalk and block wall shall be the maximum
allowable based upon physical requirements for placement of the wall. The placement of
the wall will be in a location so as not to interfere with clear sight line or utilities and be
approved by the City Engineer. A retaining wall is not necessary. The landscape plan
shall be approved by the Planning Director.
The portion of this condition stated above was satisfied with construction of Phase 1.
All other landscaping shall comply with BMC Section 17.61. (Also, see below, Section III.
Site Plan Review Conditions, under Planning)
b. Final landscape plans shall demonstrate compliance with parking area shading criteria
referenced in BMC Section 17.61.
The amphitheater shall be subject to Bakersfield Municipal Code Chapter 9.24 regarding
amplified sound.
The first phase of the development shall include all public street improvements, perimeter
landscaping, all canal fencing, adequate parking as determined by ordinance, landscaping in the
constructed parking lots, adequate internal street circulation, secondary access, and other
improvements as deemed necessary by the Planning Director.
Condition satisfied for existing buildings. Also, see below, Section III. Site Plan Review
Conditions, under Fire Department regarding Fire Lanes or new structures.)
')R~INAt_
Exhibit "1" Conditions
GPAJZC 02-0283
Page 3
11.
12.
13.
Prior to or concurrently with approval of the final development plan, applicant shall have
submitted an application for a revised parcel map or other subdivision (acceptable to the
Planning Director) that corresponds with and does not conflict with the approved PUD plans for
P98-0331.
Condition satisfied with Phase 1 and recordation of Parcel Map 10406.
A combined total of five (5) dwelling units of single family dwelling or duplex dwelling units (one-
story structures) is approved. Applicant shall select from the site plan attached as Exhibit "3" to
determine which structures to construct for a total of 5 dwelling units. Selected structures shall be
shown on the final development plan and approved by the Planning Director prior to issuance of
a building permit.
Dwelling units shall have a minimum 10-foot setback from all property lines.
Section II.
MITIGATION MEASURES:
The applicant has decided t~ utilize the new Regional Transportation Impact Fees (RTIF) to
provide traffic mitigation for the proposed project. This project shall be subject to the regional
and local traffic mitigation fees schedule which went into effect February 10, 1997. If that fee [s
subsequently increased, then the required payment will be based upon those fees in effect at the
time of issuance of the building permit. (Mitigation)
If during construct[on activities or ground disturbance cultural resources are uncovered, the
subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall
notify the proper authorities and be subject to any mitigation measures required of the
archeologist. (Mitigation)
Prior to issuance of a building permit for the proposed PUD project or recordation of a final
subdivision map, whichever occurs first, the developer shall submit written proof from North
Bakersfield Recreation and Park District of compliance with District Resolution 29-95. The
written documentation shall be submitted to the Planning Director. (Mitigation)
Condition satisfied with construction of Phase 1.
SITE PLAN REVIEW CONDITIONS:
The following are specific items that the Site Plan Review Committee has noted that you need to
resolve before you can obtain a building permit or be allowed occupancy. These items may
include changes or additions that need to be shown on the final building plans, alert you to
specific fees, and/or are comments that will help you in complying with the City's development
standards. The item will note when it is to be completed and each has been grouped by
department so that you know who to contact if you have questions.
DEVELOPMENT SERVICES ~ BUILDING (staff contact - Phil Burns 661/326-3718)
1. The applicant shall submit 4 copies of revised grading plans and 2 copies of th~ =
Exhibit "1" Conditions
GPA/ZC 02-0283
Page 4
preliminary soils report to the Building Division. You must submit a final soils report to the
Building Division before foundation inspection.
2. The applicant shall include fire resistive wall construction details with the final building
plans for all exterior walls of any building that are within 20' of property lines if it is
commercial, or 5' of property lines if it is residential.
3. Include with or show on the final building plans information necessary to verify that the
project complies with all disability requirements of Title 24 of the State Building Code.
4. Before the Building Division can allow occupancy of this multiple-family residential
complex, they must inspect and approve the placement and colors of the address
numbers identifying each unit and/or building, and building/unit location maps so that
emergency personnel can easily find a specific unit when responding to the site during an
emergency.
5. Business identification signs are not considered nor approved under this review. A
separate review and sign permit from the Building Division is required for all new signs,
including future use and construction signs. Signs must comply with the Sign Ordinance
(Chapter 17.60).
6. The Building Division will calculate and collect the appropriate school district impact fee at
the time they issue a building permit.
DEVELOPMENT SERVICES - PLANNING (staff contact - Dave Reizer 661/326-3673)
The development shall provide approximately 343 parking spaces, but shall not have less
than 248 parking spaces. The Planning Director may allow slight change to the number
of parking spaces based on changes due to conditions to be shown on the final
development plan, but the minimum number of parking spaces shall be 248 spaces. The
minimum number of parking spaces required by ordinance for this project has been
computed based on use and shall be as follows:
Exhibit "1" Conditions
GPA/ZC 02-0283
Page 5
Us~e
Size/No.
PUD 98-0331 (Year 1998)
Independent Living 143 unit
Assisted Living 119 units
Nursing Facility 120 beds
PUD 02-0108 (Year 2002)
Cottages
Offices
Independent Living
Assisted Living
Nursing facility
PUD 02-0283 (Year 2002)
Cottages
Parking Parking
_ Ratio Re~quired
5 units
1996 sq. fl.
1731 sq. fl
2000 sq fl (assumed)
14 units
1 space/2 units
1 space/2 units
3/4 space/beds
Subtotal Parking
72 Spaces
60 Spaces
90 Spaces
222 Spaces
1 space/2 units 3 Spaces
1 space/250 sq. ft 8 Spaces
1 space/250 sq. ft 7 Spaces
1 space/250 sq. ft 8 Spaces
Subtotal Parking 26 Spaces
1 space/2 units 7 Spaces
Subtotal Parking 7 Spaces
Total Parking Required by Ordinance
255 Spacm,
(Note: a) There are 343 parking spaces are shown on the proposed site plan.)
The applicant shall include a copy of a final landscape plan with each set of the final
building plans submitted to the Building Division. In addition, one (1) copy of the
landscape plan shall also be submitted to the Planning Division. Building permits will not
be issued until the Planning Division has approved the final landscape plan for
consistency with approved site plans and minimum ordinance standards (please refer to
the attached standards - Chapter 17.61 ).
Approved landscaping, parking, lighting, and other related site improvements shall be
installed and inspected by the Planning Division before final occupancy of any building or
site. Please schedule final inspections with the staff contact noted above.
(NOTE: Plants must match the species identified and be installed in the locations
consistent with the approved landscape plan. Otherwise, changes made without prior
approval of the Planning staff may result in the removal and/or relocation of installed plant
materials and delays in obtaining building occupancy.)
Parking lot lighting is required by the Bakersfield Municipal Code (Section 17.58.060A).
Illumination shall be evenly distributed across the parking area with light fixtures designed
and arranged so that light is directed downward and is reflected away from adjacent
residential properties and streets. Use of glare shields or baffles may be required for
glare reduction or control of back light. All light poles, standards and fixtures, including
bases or pedestals, shall not exceed a height of 40' above grade. The final building
plans shall include a picture or diagram of the light fixtures being used and show how light
will be directed onto the parking area.
OR~INAL
Exhibit "1" Conditions
GPA/ZC 02-0283
Page 6
,5 Habitat Conservation fees shall be required for this project and will be calculated based
on the fee in effect at the time we issue an urban development permit (inctudes grading
plan approvals) as defined in the implementation/Management Agreement (Section 2 21 )
lot the Metropolitan Bakersfield Habitat Conservation Plan Upon payment of the fee, the
applicant will receive acknowledgment of compliance with MetropoLitan Bakersfield
Habitat Conservation Plan (implementation/Management Agreement Section 3.1.4) This
fee is currently $1,240 per gross acre, payable to the City of Bakersfield (submit to the
Planning Division). This fee must be paid before any grading or other site disturbance
occurs
6 A Park Development and improvement Fee shall be paid at the time a building permit ~s
issued. We will base this fee at the rate in effect at the time the permit is issued. The
current fee is $635 for each independent residential unit.
7 Rooftop areas of commercial buildings (eg. office, retail, restaurant, assembly, hotel,
hospital, church, school) shall be completely screened by parapets or other finished
architectural features constructed to a height of the highest equipment, unfinished
structural element or unfinished architectural feature of the building
FiRE
1
DEPARTMENT (staff contact-DaveWeirather 661/326-3706)
Show on the final building plans the following items:
a All fire lanes as indicated on the returned plans, or as they may be modified by the
Fire Department. Spacing between each sign identifying the fire lane must also be
shown on the final plan that meets minimum city standards The applicant shall
install all required fire lane signs before occupancy of any building or portion of
any building is allowed.
b. Both offsite (nearest to site) and on-site fire hydrants with required fire flows. New
fire hydrants shall be sited and installed in accordance with the latest adopted
version of the California Fire Code. Hydrants must be in workin9 order to assure
that adequate fire protection is available durin9 construction unless other
arrangements for such protection are approved by the Fire Department. Please
provide 2 sets of the engineered water plans to Dave Weirather. (Note: All new
fire hydrants must be purchased from the Fire Department)
c If the project has fire sprinkler or stand pipe systems. The Fire Department will
issue guidelines for connection locations (FDC) when automatic sprinkler and
stand pipe systems are required.
d Project address, including suite number if applicable If the project is within a
shopping or business center, note the name and address of the center.
e Name and phone number of the appropriate contact person
ORIGINAL
Exhibit "1" Conditions
GPA/ZC 02-0283
Page 7
2 The applicant must request an inspection of any underground sprinkler feeds at least 24
hours before they are buried The Fire Safety Control Division (1715 Chester Avenue,
Suite 300, Bakersfield, CA; Ph 66t/326-395'i) must complete all on-site inspections of
fire sprinkler systems and fire alarm systems before any building is occupied.
3 The applicant shall show on the final building plans a 20' wide all-weather emergency
access as may be required. The Fire Department must approve the final location and
design of this access prior to building permits being issued. This access shall be
constructed before building occupancy will be granted.
4. All access (permanent and temporary) to and around any building under construction
must be at least 20 feet wide, contain no vehicle obstructions, and be graded to prevent
water ponding. Barricades must be in place where ditches and barriers exist in or cross
roadways. Emergency vehicle access must always be reliable.
D. PUBLIC WORKS - ENGINEERING (staff contact-Janice Horcasitas 66'i/326-3576)
Show on the final building plans all existing connection(s) to the public sewer system.
2. All driveways, vehicular access and parking areas shall be paved with a minimum of 2"
Type B, A.C. over 3" Class II A.B. according to the Bakersfield Municipal Code (Sections
15.76.020 & 17.58.050 N.) and the adopted standards of the City Engineer. This paving
standard shall be noted on the final building plans submitted to the Building Division
before any building permits will be issued.
3. A revised grading plan is required by the Building Division. Building permits will not be
issued until the revised grading plan is approved by both the Public Works Department
and Building Division.
4. Before you can occupy any building or site, you must reconstruct or repair substandard
off-site improvements to adopted city standards as directed by the City Engineer. Please
call the construction superintendent at 661/326-3049 to schedule a site inspection to find
out what improvements may be required.
5. You must obtain a street permit from the Public Works Department before any work can
be done within the public right-of-way (streets, alleys, easements). Please include a copy
of this site plan review decision to the department at the time you apply for this permit.
6. A sewer connection fee shall be paid at the time a building permit is issued. We will base
this fee at the rate in effect at the time a building permit is issued.
7. If the project is subject to the provisions of the National Pollutant Discharge Elimination
System (NPDES), a "Notice of Intent" (NOI) to comply with the terms of the General
Permit to Discharge Storm Water Associated with Construction Activity (WQ Order No.
92-08-DWQ) must be filed with the State Water Resources Control Board in Sacramento
before the beginning of any construction activity. Compliance with the general permit
requires that a Storm Water Pollution Prevention Plan (SWPPP) be prepared,
continuously carried out, and always be available for public inspection during._~(~Aq~'~..~,~
O~K;INA[
Exhibit "1" Conditions
GPA/ZC O2-0283
Page 8
construction hours.
8. A transportation impact fee for regional facilities shall be paid at the time a building permit
is issued. This fee will be based at the rate in effect at the time the permit is issued. The
Public Works Department will calculate an estimate of the total fee when you submit
construction plans for the project.
PUBLIC WORKS - SOLID WASTE (staff contact - John Wilburn 661/326-3114)
1. You must contact the staff person noted above before building permits can be issued or
work begins on the property to establish the level and type of service necessary for the
collection of refuse and/or recycled materials. These levels of service are based on how
often collection occurs as follows:
· Can or cart service -- 1 cubic yard/week or less
Front loader bin service -- 1 cubic yard/week - 12 cubic yards/day
Roll-off compactor service -- More than 12 cubic yards/day
2, Facilities that require infectious waste services shall obtain approval for separate
infectious waste storage areas from the Kern County Health Department. In no instances
shall the refuse bin area be used for infectious waste containment purposes,
3. Facilities that require grease containment must provide a storage location that is separate
from the refuse bin location. This shall be shown on the final building plans.
4. Facilities that participate in recycling operations must provide a location that is separate
from the refuse containment area. This shall be shown on the final building plans.
p:~o2-o2831Site Plan Cond. wpd (May22, 2002)
ZONE CHANGE 02-0283
0~iG
EXHIBIT "3"
LEGAL DESCRIPTION
Being a portion of thc southcast quarter of Section 31, Township 29 South, Range 27 East,
Mount Diabln Base and Meridian, in thc City of Bakersfield, State of California, according to
the Kern County filed map of said land, recorded in Book 6 of Eiled Maps at Page 46, more
particularly described as follows:
Beginning at a survey monument with brass cap, tagged RE.. 6640, for the east quarter comer
of Section 31, Township 29 South, Range 27 *East, Mount Diablo Base and Meridian; thence
south 00* 43' 19' west along the east line of said Section 31, a distance of 10.00 feet to a point;
said point being the intersection of the east line of the southeast quarter of said Section 31 and
the south right-of-way of the proposed Kern River freeway alignment, said point being the true
point of beginning for this description.
(1) thence north 89° 08' 14' west a distance of 415.67 feet along the south right-of-way of the
proposed Kern River freeway alignment; (2) thence south 85 ° 01' 12' west a distance of 1033.92
feet along the south right-of-way of the proposed Kern River freeway alignment; (3) thence south
46 15' 07" west a distance of 249.18 feet along the south right-of-way of the proposed' Kern
River freeway alignment; (4) thence south 17' 01' 24" west a distance of 437.30 feet along the
south fight-of-way of the proposed Kern River freeway alignment to a point; said point being
the intersection of the south right-of-way of the Kern River freeway~ ali,g, nm,e.nt and the east right-
of-way of Calloway Drive (110 feet wide); (5) thence south 00 43 19 west a distance of
462.38 feet along the east right-of-way of Calloway Drive to the beginning of a tangent curve,
concave easterly, having a radius of 3945.15 feet; (6) thence along ~id curve and the east right-
of-way of Calloway Drive southerly through a central angle of 01 13' 36", an arc length of
84.46 feet to a point; said point being the intersection of the east right-of-way of Calloway Drive
and the north boundary of the Cross Valley canal; (7) thence north 80° 20' 30" east a distance
of 190.30 feet along the north boundary of the Cross Valley canal; (8) thence south 09' 39' 30'
east a distance of 5.00 feet along the north boundary of the Cross Valley canal to the beginning
of a non-tangent curve, concave northerly, having a radius of 320.01 feet; (9) thence along said
curve and the north boundary of the cross Valley canal northeasterly through a central angle o~f
33' 08' 13', an arc length of 185.08 feet; (10) thence departing tangent to said curve north 47
12' 17' east a distance of 222.58 feet along the north boundary of the Cross Valley canal to the
beginning of a tangent curve, concave northwesterly, having a radius of 320.01 feet; (11) thence
along said ctuwe and the north boundary of the Cross Valley canal, northeasterly, through a
central angle of 25' 18' 49', an arc length of 141.38 feet; (12) thence departing tangent to said
curve north 21' 53' 28" east a distance of 106.40 feet along the north boundm*y of the Cross
Valley canal to the beginning of a tangent curve, concave southeasterly, having a radius of
580.02 feet; (13) thence along said curve and the north boundary of the Cross Valley canal,
northeasterly, through a central angle of 50' 19' 38', an arc length of 509.48 feet; (14) thence
deparUng tangent to said curve north 72* 13' 06' east a distance of 104.52 feet along the north
boundary of the cross Valley canal to the beginning of a tangent curve, concave northerly,
ha~ting a radius of 320.01 feet; (15) thence~along said curve on the north bou_nd~ary of the Cross
Valley canal, northea~eriy, through a central angle of 25 ' 27' 59', an arc length of 142.24 feet;
(16) thence departing tangent to said curve north 46' 45' 07' east a distance of 252.11 feet along
Page -2
thc north boundary of the Cross Valley canal to the beginning of a tangent curve, concave
southeasterly, having a radius of 480.02 feet; (17) thence along said curve and the north
boundary of the Cross Valley canal, northeasterly, through a central angle of aA* 06' 52". an
arc length of 369.59 feet; (18) thence departing tangent to said curve south 89° 08' Ol" east a
distance of 23.02 feet along the north boundary of the Cross Valley canal to a point; said point
being on the east line of said Section 31; thence north O0° 43' 19" east along the east line of said
Section 31, a distance of 4.99 feet to the true point of beginning for this description.
Containing 885,693 square feet, 20.33 acres.
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, 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 5th day of September , 2002 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4076 , passed by
the Bakersfield City Council at a meeting held on the 4th day of September 2002
and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSIFELD MUNICIPAL CODE AND ZONING
MAP NO. 102-31 BY CHANGING THE ZONING FROM AN
PUD (PLANNED UNIT DEVELOPMENT) TO PUD ON
20.30 ACRES AT 350 CALLOWAY DRIVE-GENERALLY
LOCATED ALONG THE EAST SIDE OF CALLOWAY
DRIVE AND NORTH OF THE CROSS VALLEY CANAL
AND DENYING THE APPLICATN'S APPEAL.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
Clerk
ORiGiNAL