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HomeMy WebLinkAbout263/3 RE, (G ftoms: =n 8Y Title Cl airg xecovvxxe xeeuceTCx vv nxv xx.x ......... .. Te. City of Bakersfield City Engineer 1501 Truxtun Avenue Bakersfield, Ca. 93301 aom'6203PAU 0748 008944 P 1 RECORDED RY GAt.E e FKS --5 K'.69 COUNTY C. HA-R--GI) ER CE RT I F I LATE (SECTION 66499.35, LOT LINE ADJUSTMENT 263 IP L7.OJ V :7ii..; .L 11,f,N7 '5 P07 CF COME L- I RMCE GOVERNMENT CODE) (Being an adjustment of Lots 7 and 8 of the Berkshire Farm Tract, per map recorded April 6, 1905, in Book 1, Page 38 of Maps, in the Office of the Kern County Recorder.) (Assessor's Parcel No. 176 - 080 -16) The undersigned City Engineer of the City of Bakersfield, designated by ordinances of said City as Advisory Agency with respect to Parcel Map Waivers and Lot Line Adjustments and acting herein on behalf of the City of Bakersfield, hereby certifies that the Lot Line Adjustment for the hereinafter - described parcels of land complies with the provisions of the Subdivision Map Act of the State of California and Chapter 16 of the City of Bakersfield Municipal Cade regulating divisions of land. Said parcels of land, being situated in the City of Bakersfield, County of Kern, State of California, are more particularly described as follows on Exhibit A and shown an Exhibit B, with development requirements listed on Exhibit C. FIRST AMERICAN TITLE INSURANCE COMPANY is the owner of the described parcels of land. Dated this 18th day of January, 1989. •_ _ ----------- — E. W. SCHULZ City Engineer City of Bakersfield RCE 7118450 Expires June 30, 1989 RECORDING PEOU'3S1ED BY Nit American lit( o(`mpatp Recor ing requeste� by anS when recorded P�eiurn Toa aty EnolneeY 1501 Tru>:tuh Avenue Bakersfield, CA. 93301 1-on {I{I{ V{ WAIVER OF DIRECT STREET ACCESS Brrr 6203 PAGE 0746 ffiq JAR 2L, P 1: 36 RECORDED 3Y GALES ENSTAO KERB COtn7TY CL'1. -fcCORDER rJRB +'t). ifirp 1.0 R£C,tE' 2.00 F0 CHRGE' 7.01 tl2 85000 C041 ROl T.1 In accordance with the provision of Section 66476 of the California Government Code and Section 16.40.020 of the Bakersfield Municipal Code and requirements imposed by the City of Bakersfield Planning Commission pursuant to approval of General Plan Amendment 1 -87, Segment III and Zone Change 4555. First American Title Company, a California Corporation, as owner of the real property within Lot Line Adjustment Map #263, hereby waives direct access rights from those portions of Lots A, to the following: To Panama Lane for a distance of 200 feet easterly from the expanded east line of South 'H' Street (265 feet east of the west line of Section 30, T.30S, R.28E., M.D.M).; to South 'H' Street for a distance of 300 feet southerly from the south right of way line of Panama Lane (355 feet south of the north line of said Section 30). Such waiver shall become effective upon recordation hereof and shall remain in effect until such time as said street(s) are abandoned as public street(s), or until modification or revocation of such waiver is accepted by resolution of the City of Bakersfield Planning Commission. Firs gfil�rican 'tle Company, a California Corporation Y/ t-- Bor1' 6203 PACE 0747 y1 IE STATE OF CALIFORNIA las. $ +franc ,{7o`,EII Kern COUNW OF J\ on_D <r pmjy Y 9 19RA ,before me, the undersigned a Notary Public in and for P said state, personalty appeared Gary Gadeke _and 'r Boyd Boggs Y B8 personally known to me (or provetl to me on the E a c basis of satisfactory evidence) to be the persons who executed the within Instruments u E Vice P ... Went antl Asst. V. PYeSS�(a"jgigjj, on behalf of F1YSt o o American Title Insurance Company ¢� the corporation therein named, and acknowledged to me that :*,,^.°,�'„ -.;� suchcorporanonexecu[edihewithin instrumenipursuanttc its Colleen Palmer v= Ja;Y Notary Public by -laws or resolution of its board of director& ` Kenn Court, California m WITNESS my hand and offielm seal. / — °,i MY Comm Exp July 15, 1991 �m m SignaWre_-I�- Y— (This area for official notarial seal) aoce 6203 PACE 0749 EXHIBIT 'A' PARCEL 'A' THOSE PORTIONS OF LOTS 7 AND 8 OF THE BERKSHIRE FARM TRACT RECORDED IN BOOK 1 OF MAPS AT PAGE 38 IN THE KERN COUNTY RECORDER'S OFFICE MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 905.00 FEET OF SAID LOT 7; ALSO THE WEST 905.00 FEET OF THE NORTH 35.00 FEET OF SAID LOT 8. PARCEL 'B' THOSE PORTIONS OF LOTS 7 AND 8 OF THE BERKSHIRE FARM TRACT RECORDED IN BOOK 1 OF MAPS AT PAGE 38 IN THE KERN COUNTY RECORDER'S OFFICE MORE PARTICULARLY DESCRIBED AS FOLLOWS: SAID LOT 7 EXCEPTING THE WEST 905.00 FEET THEREFROM. ALSO LOT 8 EXCEPTING THE WEST 905.00 FEET OF THE NORTH 35.00 FEET THEREFROM. ALSO EXCEPTING THE SOUTH 165.00 FEET THEREFROM. 11 a -t �D Cn 4p� 0 oR4 r ^ 0, > 1 ao m r n ryk n 17 nNRIM I ION, ail El `�s a I I Ali �I 4 I I I 'AR % I 4 h T M Tn � W A �r R kF m I 4 1j � i t IY AF331 4X ci 1^I1� I -- -- I l? .1i eZ2, 1 I.Z1I o 4 �ayn, -- �p0 "V7 CnD III' CANAL ---- - - - - --J II ti / /srt0) / /Sf 3s' I C1 ti R05 j u, Z I, 11 a -t �D Cn 4p� 0 oR4 r ^ 0, > 1 ao m r n ryk n 17 nNRIM I ION, ail El `�s a I I Ali �I 4 I I I 'AR % I 4 h T M Tn � W A �r R kF m I 4 1j � i t Try. IY AF331 4X ci 1^I1� I -- -- I l? .1i eZ2, 1 I.Z1I �yPLLDYy +� �p0 "V7 CnD III' CANAL ---- - - - - --J II ti / /srt0) / /Sf 3s' I C1 ti CANAL 0 ,. � R hl s Za7� g y ■]s � • p I I � I� I yd r 1 I Try. AF331 4X <�a� R��ic -- -- eZ2, 1 W �yPLLDYy +� �p0 I� u CnD III' / /srt0) / /Sf 3s' CANAL � ,. e l s � t g y ■]s —_SPMM r 1 I \\ I - ------------- - - - - -- --III 3008 6M PAGE ©750 IK Y w il�pb, q�R2'k 4 L "i�i 4X <�a� R��ic m X eZ2, 1 W �yPLLDYy +� 2 A�� 0 EXHIBIT "c" Ok 6203PAGE0751 (For Lot Line Adjustment 263) ORDINANCE NO. 3101 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED ON THE SOUTHEAST CORNER OF PANAMA LANE AND SOUTH "H" STREET FROM R -1 (ONE FAMILY DWELLING) ZONE TO A C -1 (LIMITED COMMERCIAL) ZONE AND FROM AN R -1 (ONE FAMILY DWELLING) ZONE TO AN R -2 (LIMITED MULTIPLE - FAMILY DWELLING) ZONE. 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 has held a public hearing on a petition to change the land use zoning of those certain proper- ties in the City of Bakersfield located on the southeast corner of Panama Lane and South "H" Street from R -1 (One Family Dwelling) zone to an R -2 (Limited Multiple - Family Dwelling) zone; 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 a change of zoning of the subject properties from R -1 (One Family Dwelling) zone to an R -2 (Limited Multiple - Family Dwelling) zone subject to a restriction on the maximum number of dwelling units (125) and other conditions, and the Council has considered said findings and all appear to be true and correct; and WHEREAS, there appears to be no substantial detrimental environmental impact which could result from the proposed pro- ject; and WHEREAS, the City Council has determined after due con- sideration of said petition and the recommendations of the Planning Commission herein on file, together with the reasons advanced at the hearing for a change of zoning of said proper- ties, -that a zoning change should be authorized; and WHEREAS, the City Council has determined and found that the proposed zoning is consistent with the General Plan of the City of Bakersfield. Boar: 6203 PAGE 0752 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. All of the foregoing recitals are hereby found to be true and correct. 2. An environmental assessment was made of the project, and a Negative Declaration was adopted by the Planning Commission after a public hearing thereon, and this Council hereby approves and adopts the Negative Declaration. 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 certain properties in said City, the boundaries of which properties are shown on the map hereto attached and made a part hereof, as follows: FROM AN R -1 (ONE FAMILY DWELLING) ZONE TO A C -1 LIMITED COMMERCIAL , OR MORE RESTRICTIVE ZONE: The west 905.00 feet of Lot 7 and the west 905.00 feet of the north 35.00 feet of Lot 8 of the Berkshire Farm Tract recorded in Book 1 of Maps at Page 38 in the Kern County Recorder's Office. Contains approximately 14.44 gross acres; FROM AN R -1 ON FAMILY DWELLING) ZONE TO AN R -2 (LIMITED MULTIPLE -FA ILY DWELLING OR MORE RESTRICTIVE ZONE: The west 905.00 feet of Lot 8 of the Berkshire Farm Tract recorded in Book 1 of Maps at Page 38 in the Kern County Recorder's Office; Excepting the north 35.00 feet and the south 165.00 feet therefrom. Containing 9.60 gross acres. Said rezoning to be conditioned as follows: a. No permit for development of the property rezoned C -1 by this ordinance shall be issued until a P.C.D. zone has been adopted for the entire C -1 property; - 2 - ;oon 6203 PAU 0753 b. The maximum number of dwelling units allowed on the 9.6 gross acres hereby rezoned shall be 125; c. Development (including subdivision of the pro- perty) shall be subject to the conditions of approval listed in Attachment 2. SECTION 2. This ordinance shall be posted in accordance with the City charter provisions and shall become effective thirty (30) days from and after the date of its passage. ----------000---------- - 3 - Peak 6203 PAU 0754 I 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 May 20, 1987 by the following vote: AYES: COUNCILMEMBEA$: CHILDS, CHRISTENSEN. lIRiTTC RATTY, MOORE, OICKERSON, SALVAGGIO NOES: COUNCILMEMBERS� ABSENT' COUNCILMEMPERS' A AOSTAININO' COUNCILMEMBERS' r>crej CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED May 20, 1987 Co ?��n iLis f MAYOR of the City of�$akersfield APPROVED as to form: ...r`� C TY A TORNEY of the City of Bakersfield AJS /meg G GPA 5 O.GPA.1 —u — Attachment 2 (Supersedes Attachment Al) BOHY 6203 PACE 0755 Conditions of Approval PROJECT: GPA 1 -87, Segment III and Zone Change 4555 (Previously GPA 4 -87, Segment III) In order to mitigate potential impacts resulting from shopping center development and proximity to residential zones and uses, the following conditions of approval are: 1. A maximum of 125 multiple - family dwelling units will be allowed on 9.6 acres Medium Density Residential portion. 2. There will be a maximum of 14.4 gross acres of commercial property subject to PCD zone. (Including adjacent Kern Island Canal easement.) 3. Subject to approval of GPA 1 -87, Segment III, the commer- cial designation portion shall be rezoned to a C -1 "holding" zone. A PCD zone must be approved prior to development of the commercial property. 4. Upon development of commercial property, the 8 -foot (eight) high continuous block wall to the east and south shall be constructed immediately upon final grading of site and watering techniques will be utilized during all grading to reduce noise and dust problems associated with the proposed retail development. No building permit for commercial property (except for block wall) shall be issued until said block wall is completed. 5. All air conditioning units, blowers, etc. on commercial property shall be arranged and designed to shield noise and view from all the streets and residential structures east and south of the project area. 6. All lights, along the east and south property line visi- ble from residential property (indoor and outdoor), shall be limited in mounting height to a maximum of 8 -foot from ground level and shielded away from residential uses. 7. Prior to final building inspection of any commercial structure, minimum 15 gallon size evergreen trees shall be planted 30 feet on center and maintained along the east and south property lines which are adjacent to R -1 and R -2 zoned property. Trees shall provide a minimum 15 -foot high screen at tree maturity. Minimum five (5) foot landscape strip along east and south property lines shall be installed and maintained, along the commercial side of the wall. Attachment A2 Page 2 300w6203PABE0756 8. On commercial property trash dumpsters shall not be located within 24 feet of R -1 and R -2 zoned property on the east and south sides. Refuse containers shall be screened from view. 9. Prior to the issuance of any building permit on any par- cel, including the R -1 area, or within two years of Council approval of this GPA, whichever occurs first, the applicant shall post with the City Engineer a bond, paya- ble to the City in the amount of $25,000 to assure pay- ment of the developer's share of the cost of the installation of a traffic signal at the intersection of Panama Lane and South "H" Street. Payment shall be made to the City upon demand by the City for construction of a traffic signal. 'Bank of America Letter of Credit #6569 Has Been Posted to Satisfy This Condition* 10. Median islands shall be constructed on Panama Lane and on So. "H" Street as part of the street improvements required for development of the property. 11. Vehicular access to South "H" Street from the R -2 site shall be limited to one location, whether that access is via a public street, private street, access easement, driveway, etc. 12. Prior to issuance of a building permit or filing of a final subdivision map, the applicant shall dedicate a waiver of direct vehicular access rights to: South "E" Street from the south right -of -way line of Panama Lane to 300 feet south; and, Panama Lane from the east right -of- way line of South "H" Street to 200 feet east. "A Waiver of Direct Access Rights is Being Recorded Concurrently With This Certificate.* 13. Prior to issuance of a building permit or recordation of a subdivision map on any portion of the entire 40 -acre site, the applicant shall offer for dedication to arte- rial standards additional right -of -way on Panama Lane from South "H" Street to the west line of Tract 4831 and on South "H" Street from Panama Lane to the Arvin - Edison Canal. - Additional Rights of Way Have Been Dedicated.* 14. With City acquisition of additional right -of -way on Panama Lane and on South "H" Street adjacent to the P.G.6E. substation at the southwest corner of the intersec- tion, the applicant shall construct standard curb and gutter, sidewalk, and street paving tie -in on Panama Lane -. concurrently with the City improving South "H" Street. i Attachment A2 Page 3 BOON 6203 PAGE 0757 15. Upon development or subdivision of the proposed C -2 area or the remaining R -1 porticn, the south half of Panama Lane shall be constructed to arterial standards with curb and gutters, and street paving, from South "E" Street to west boundary of Tract 4831. Sidewalks will be required but may be deferred until development of adjacent pro- perty. Additional paving will be required Panama Lane from South "H" Street Tract 4615. The additional paving half of Panama Lane consists of an approximately 20 feet wide and 450 existing paved areas. on the north half of =o the west line of required on the north unimproved strip feet long between Note: These improvements will not be required as a con- dition of approval for a parcel map dividing the property into three parcels along the zone lines. 16. Upon development or subdivision of the proposed R -2 or proposed C -2 areas, the east half of South "H" Street shall be constructed to arterial standards with curb and gutter, street paving, and sidewalk from Panama Lane to the north right -of -way line of the Arvin - Edison Canal. Again, sidewalks are required but may be deferred until development on the adjacent property. Note: These improvements will not be required as a con- dition of approval for a parcel map dividing the property into three parcels along the zone lines. 17. A comprehensive drainage plan of the proposed C -2, pro- posed R -2, and remaining R -1 properties shall be submit- ted to and approved by the City Engineer prior to issuance of a building permit or recordation of a subdi- vision map on any portion of the properties. 18. If it's determined by City Engineer that the Fairview Planned Drainage Area facilities can't be utilized, then an on -site stormwater retention basin will be required for the entire property, or the developer may participate in a proposed planned drainage area utilizing the Kern Island Canal as a stormwater conduit and pay all applica- ble fees proposed for the planned drainage area. 19. A six -foot (6) chain link fence or equivalent shall be installed adjacent to any uncovered canals, making the canal inaccessible to small children at time of first building permit issuance. Attachment A2 =50K6203 PACE 0758 Page 4 20. An Acoustical Consultant shall design the structures within the project to mitigate noise exposures of 60 dB or greater in accordance with the CNEL Contours and Title 24 of the California Administrative Code. 21. Park land dedication and /or in -lieu fee payment shall be required from proposed subdivision developments.. p /crs3.2