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HomeMy WebLinkAboutORD NO 3181ORDINANCE NO. 3181 NEW SERIES AN ORDINANCE OF THE COUNCIL OF TEE 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 GENERALLY ALONG THE KERN RIVER FROM AN R-1 (ONE FAMILY DWELLING) ZONE, R-2-D (LIMITED MULTIPLE FAMILY DWELLING-DESIGN OVERLAY) ZONE, C-O (COMMERCIAL AND PROFESSIONAL OFFICE) ZONE, C-2-D (COMMERCIAL -DESIGN OVERLAY) ZONE, M-1 (LIGHT INDUSTRIAL) ZONE, M-1-D (LIGHT INDUSTRIAL-DESIGN OVERLAY) ZONE, A (AGRICULTURAL) ZONE, OS (OPEN SPACE) ZONE, FP-S (FLOOD PLAIN-SECONDARY) ZONE AND FP-P (FLOOD PLAIN-PRIMARY) ZONE TO AN FP-P (FLOOD PLAIN-PRIMARY) ZONE, FP-S (FLOOD PLAIN- SECONDARY) ZONE, R-1-FP-S (ONE FAMILY DWELLING- FLOOD PLAIN-SECONDARY) ZONE, R-2-D-FP-S (LIMITED MULTIPLE FAMILY DWELLING-DESIGN OVERLAY -FLOOD PLAIN-SECONDARY) ZONE, C-2-D-FP-S (COMMER- CIAL-DESIGN OVERLAY-FLOOD PLAIN-SECONDARY) ZONE, M-1-D-FP-S (LIGHT INDUSTRIAL-DESIGN OVERLAY-FLOOD PLAIN-SECONDARY) ZONE, A-FP-S (AGRICULTURAL-FLOOD PLAIN-SECONDARY) ZONE, OS-FP-S (OPEN SPACE-FLOOD PLAIN-SECONDARY) ZONE, A (AGRICULTURAL) ZONE AND OS (OPEN SPACE) 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 generally along the Kern River; 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 an R-1 (One Family Dwelling) Zone, R-2-D (Limited Multiple Family Dwelling-Design Overlay) Zone, C-O (Commercial and Professional Office) Zone, C-2-D (Commercial-Design Overlay) Zone, M-1 (Light Industrial) Zone, M-1-D (Light Industrial-Design Overlay) Zone, A (Agricultural) Zone, OS (Open Space) Zone, FP-S (Flood Plain- Secondary) Zone and FP-P (Flood Plain-Primary) Zone to an FP-P (Flood Plain-Primary) Zone, FP-S (Flood Plain-Secondary) Zone, R-1-FP-S (One Family Dwelling Flood Plain-Secondary) Zone, R-2-D-FP-S (Limited Multiple Family Dwelling-Design Overlay-Flood Plain-Secondary) Zone, C-2-D-FP-S (Commercial-Design Overlay- Flood Plain-Secondary) Zone, M-1-D-FP-S (Light Industrial-Design Overlay-Flood Plain-Secondary) Zone, A-FP-S (Agricultural-Flood Plain-Secondary) Zone, OS-FP-S (Open Space-Flood Plain-Secondary) Zone, A (Agricultural) Zone and OS (Open Space) Zone, 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 consideration 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. 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: TO AN FP-P (FLOOD PLAIN PRIMARY) ZONE: That portion of the Kern River Floodway lying within the Bakersfield City Limits and being more particularly described as follows: That portion described as the Kern River Designated Floodway on maps prepared by the Reclamation Board of the Resources Agency of - 2 - the State of California recorded in Book 1 of Designated Floodways, pages 13 thru 33 on September 27, 1976 in the Office of the Kern County Recorder; and That portion described as the Kern River Designated Floodway on maps prepared by the Reclamation Board of the Resources Agency of the State of California recorded in Volume 1 of Designated Floodways pages 141 thru 147 and pages 158 thru 162 on April 3, 1979 in the office of the Kern County Recorder. EXCEPTING THEREFROM: That portion of Section 17 and Section 18 of T. 29 S. - R. 28 E.M.D.B. & M. lying southerly of Line "A" as described on maps prepared by the Reclamation Board of the Resources Agency of the State of California recorded in Volume 1 of Designated Floodways pages 143 & 144 on April 3, 1979 in the office of the Kern County Recorder. TO AN FP-S (FLOOD PLAIN SECONDARY) ZONE: That portion of the Kern River Floodway lying within the Bakersfield City Limits and being more particularly described as follows: That portion described as the Flood Plain Secondary zone on maps prepared by Stetson Engineers, Inc., titled City of Bakersfield Kern River Floodway Maps recorded in Book 2 of Floodway Maps, pages 9 thru 30 and pages 41 thru 45 on June 15, 1988 in the office of the Kern County Recorder. EXCEPTING THEREFROM: That portion described as the Kern River Designated Floodway on maps prepared by the Reclamation Board of the Resources Agency of the State of California recorded in Book 1 of Designated Floodways pages 13 thru 33 on September 27, 1976 in the office of the Kern County Recorder; and - 3 - That portion described as the Kern River Designated Floodway that lies northerly of line "A", on maps prepared by the Reclamation Board of the Resources Agency of the State of California recorded in Volume 1 of Designated Floodways pages 141 thru 147 and pages 158 thru 162 on April 3, 1979 in the office of the Kern County Recorder. EXCEPTING THEREFROM: That portion lying southerly of the centerline of a proposed easement within Sections 26, 27 and 34 of T. 29 S., R. 27 E., M.D.B. & M. the centerline being more particularly described as follows: Commencing at the south 1/4 corner of Section 27; THENCE, along south line of said Section S. 89007'03" E. 1,093.19 feet, said line also being the basis of bearing for this legal description; THENCE, S. 58034'07" W. true point of beginning; THENCE, THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE N. 54°05'45" E. N. 78020'04" E. N. 62056'58" E. N. 68006'40" E. N. 57050'42" E. N. 32059'07" E. N. 64°42'51" E. N. 24°53'18" E. N. 54013'49" E. N. 32009'52" E. 2,907.57 feet to the 18.10 feet; 158.85 feet; 480 49 feet; 671 94 feet; 687 21 feet; 302 88 feet; 541 75 feet; 329 20 feet; 286 22 feet; 272 65 feet; - 4 - THENCE N. 54040'55" E. 448.22 feet; THENCE THENCE THENCE THENCE THENCE THENCE N. 51°27'14" E. 660.08 feet; N. 75001'03" E. 300.00 feet; S. 60059'47" E. 212.59 feet; N. 67000'00" E. 350.00 feet; N. 75014'39" E. 455.00 feet; S. 68003'22" E. 96.94 feet to the beginning of a non-tangent curve having a radius of 4,326.00 feet concave south- easterly with the radial being S. 13043'44" E.; THENCE, along said curve, through a central angle of 09°20'15", an arc distance of 705.02 feet; THENCE, N. 52005'27" E. 259.19 feet to the terminus of this easement, said terminus being S. 50004'08" W. 2,647.24 feet to the southeast corner of Section 27, T. 29 S., R. 27 E. M.D.B. & M. ALSO EXCEPTING THEREFROM: Those portions with a base zone described as follows: R-1 (One Family Dwelling) zone as shown in Sections 24, 25, 26, 33, and 31 of T. 29 S., R. 27 E. M.D.B. & M.; Sections 1, 3, 10, 11, and 12 of T. 29 S., R. 29 E. M.D.B. & M.; and Section 6 of T. 29 S., R. 30 E.M.D.B. & M. and described in Ordinances 1010 New Series, 1466 New Series, 1645 New Series, 2319 New Series and 2365 New Series, on file in the City Clerks Office in the City of Bakersfield; R-2-D (Limited Multiple Family Dwelling - Design Overlay) zone as shown in Section 6 of T. 29. S., R. 30 E. M.D.B. & M. and described in Ordinance 2365 New Series, on file in the City Clerks Office in the City of Bakersfield; - 5 - C-O (Commercial and Professional Office) zone as shown in Section 34 T. 29 S., R. 27 E. M.D.B. & M. and described in Ordinance 2744 New Series, on file in the City Clerks Office of the City of Bakersfield; C-2-D (Commercial - Design Overlay) zone as shown in Section 23 T. 29 S., R. 27 E. M.D.B. & M. and described in Ordinance 1645 New Series, on file in the City Clerk's Office of the City of BaKersfield; M-1 (Light Industrial) zone as shown in Sections 24, 26, 27, 34 and 35 of T. 29 $., R. 27 E. M.D.B. & M. and described in Ordinances 1645 New Series, 2745 New Series, 2837 New Series, and 2907 New Series, on file in the City Clerk's Office of the City of Bakersfield; M-1-D (Light Industrial - Design Overlay) zone as shown in Section 26 T. 29 S., R. 27 E. M.D.B.& M., and described in Ordinance 2383 New Series, on file in the City Clerks Office of the City of Bakersfield; A (Agricultural) zone as shown in Sections 13, 24, 26, 32, and 33 of T. 29 S., R. 27 E. M.D. B.& M.; Section 18 T. 29 S., R. 28 E., M.D.B. & M.; Sections 1 and ll of T. 29 $., R. 29 E. M.D.B.& M.; and Section 6 of T. 29 S., R. 30 E. M.D.B.& M. and described in Ordinances 2056 New Series, 2318 New Series, 2319 New Series, and 2365 New Series, on file in the City Clerk's Office of the City of Bakersfield; OS (Open Space) zone as shown in Section 27 T. 29 S., R. 27 E., M.D.B. & M. and described in Ordinance 2840 New Series, on file in the City Clerk's Office of the City of Bakersfield; TO AN R-1-FP-S (ONE FAMILY DWELLING - FLOOD PLAIN SECONDARY0 ZONE: That portion of the Kern River Floodway lying within the Bakersfield City Limits and being more particularly described as follows: - 6 - That portion described as the Flood Plain Secondary zone on maps prepared by Stetson Engineers, Inc., titled City of Bakersfield Kern River Floodway Maps recorded in Book 2 of Floodway Maps, pages 9 thru 30 and pages 41 thru 45 on June 15, 1988 in the office of the Kern County Recorder, and having a base zone described as follows; R-1 (One Family Dwelling) zone as shown in Sections 24, 25, 26, 33, and 31 of T. 29 S., R. 27 E., M.D.B.&M.; Sections 1, 3, 10, 11, and 12 of T. 29 S., R. 29 E. M.D.B.&M.; and Section 6 of T. 29 S., R. 30 E., M.D.B.& M. and described in Ordinances 1010 New Series, 1466 New Series, 1645 New Series, 2319 New Series and 2365 New Series, on file in the City Clerk's Office in the City of Bakersfield. EXCEPTING THEREFROM: That portion described as the Kern River Designated Floodway on maps prepared by the Reclamation Board of the Resources Agency of the State of California recorded in Book 1 of Designated Floodways pages 13 thru 33 on September 27, 1976 in the office of the Kern County Recorder; and That portion described as the Kern River Designated Floodway that lies northerly of line "A", on maps prepared by the Reclamation Board of the Resources Agency of the State of California recorded in Volume 1 of Designated Floodways pages 141 thru 147 and pages 158 thru 162 on April 3, 1979 in the office of the Kern County Recorder. TO AN R-2-D-FP-S (LIMITED MULTIPLE FAMILY DWELLING - DESIGN OVERLAY - FLOOD PLAIN SECONDARY) ZONE: That portion of the Kern River Floodway lying within the Bakersfield City Limits and being more particularly described as follows: That portion described as the Flood Plain Secondary zone on maps prepared by Stetson Engineers, Inc., titled City of Bakersfield Kern River Floodway Maps recorded in Book 2 of Floodway Maps, pages 9 thru 30 and pages 41 thru 45 on June 15, 1988 in the office of the Kern County Recorder, and having a base zone described as follows: R-2-D (Limited Multiple Family Dwelling - Design Overlay) zone as shown in Section 6 of T. 29. S., R. 30 E., M.D.B.&M. and described in Ordinance 2365 New Series, on file in the City Clerks Office in the City of Bakersfield. EXCEPTING THEREFROM: That portion described as the Kern River Designated Floodway on maps prepared by the Reclamation Board of the Resources Agency of the State of California recorded in Book 1 of Designated Floodways pages 13 thru 33 on September 27, 1976 in the office of the Kern County Recorder; and That portion described as the Kern River Designated Floodway that lies northerly of line "A", on maps prepared by the Reclamation Board of the Resources Agency of the State of California recorded in Volume 1 of Designated Floodways pages 141 thru 147 and pages 158 thru 162 on April 3, 1979 in the office of the Kern County Recorder. TO A C-2-D-FP-S (COMMERCIAL - DESIGN OVERLAY - FLOOD PLAIN SECONDARY) ZONE: That portion of the Kern River Floodway lying within the Bakersfield City Limits and being more particularly described as follows: That portion described as the Flood Plain Secondary zone on maps prepared by Stetson Engineers, Inc., titled City of Bakersfield Kern River Floodway Maps recorded in Book 2 of Floodway Maps, pages 9 thru 30 and pages 41 thru 45 on June 15, 1988 in the office of the Kern County Recorder, and having a base zone described as follows: - 8 - C-2-D (Commercial - Design Overlay) zone as shown in Section 23 T. 29 S., R. 27 E., M.D.B. & M. and described in Ordinance 1645 New Series, on file in the City Clerks Office of the City of Bakersfield; EXCEPTING THEREFROM: That portion described as the Kern River Designated Floodway on maps prepared by the Reclamation Board of the Resources Agency of the State of California recorded in Book 1 of Designated Floodways pages 13 thru 33 on September 27, 1976 in the Office of the Kern County Recorder; and That portion described as the Kern River Designated Floodway that lies northerly of line "A", on maps prepared by the Reclamation Board of the Resources Agency of the State of California recorded in Volume 1 of Designated Floodways pages 141 thru 147 and pages 158 thru 162 on April 3, 1979 in the office of the Kern County Recorder. TO AN M-1-D-FP-S (LIGHT INDUSTRIAL - DESIGN OVERLAY - FLOOD PLAIN SECONDARY) ZONE: That portion of the Kern River Floodway lying within the Bakersfield City Limits and being more particularly described as follows: That portion described as the Flood Plain Secondary zone on maps prepared by Stetson Engineers, Inc., titled City of Bakersfield Kern River Floodway Maps recorded in Book 2 of Floodway Maps, pages 9 thru 30 and pages 41 thru 45 on June 15, 1988 in the office of the Kern County Recorder, and having a base zone described as follows: M-1-D (Light Industrial - Design Overlay) zone as shown in Section 26 T. 29 S., R. 27 E., M.D.B. & M. and described in Ordinance 2383 New Series, on file in the City Clerk's Office of the City of Bakersfield. EXCEPTING THEREFROM: That portion described as the Kern River Designated Floodway on maps prepared by the Reclamation Board of the Resources Agency of the State of California recorded in Book 1 of Designated Floodways pages 13 thru 33 on September 27, 1976 in the office of the Kern County Recorder; and That portion described as the Kern River Designated Floodway that lies northerly of line "A", on maps prepared by the Reclamation Board of the Resources Agency of the State of California recorded in Volume 1 of Designated Floodways pages 141 thru 147 and pages 158 thru 162 on April 3, 1979 in the office of the Kern County Recorder. TO AN A-FP-S (AGRICULTURAL - FLOOD PLAIN SECONDARY) ZONE: That portion of the Kern River Floodway lying within the Bakersfield City Limits and being more particularly described as follows: That portion described as the Flood Plain Secondary zone on maps prepared by Stetson Engineers, Inc., titled City of Bakersfield Kern River Floodway Maps recorded in Book 2 of Floodway Maps, pages 9 thru 30 and pages 41 thru 45 on June 15, 1988 in the office of the Kern County Recorder, and having a base zone described as follows: A (Agricultural) zone as shown in Sections 13, 24, 26, 32, and 33 of T. 29 S., R. 27 E., M.D.B.& M.; Section 18 T. 29 S., R. 28 E., M.D.B.& M.; Sections 1 and 11 of T. 29 S., R. 29 E., M.D.B.& M.; and Section 6 of T. 29 S., R. 30 E., M.D.B.& M. and described in Ordinances 2056 New Series, 2318 New Series, 2319 New Series, and 2365 New Series, on file in the City Clerk's Office of the City of Bakersfield. - 10 - EXCEPTING THEREFROM: That portion described as the Kern River Designated Floodway on maps prepared by the Reclamation Board of the Resources Agency of the State of California recorded in Book 1 of Designated Floodways pages 13 thru 33 on September 27, 1976 in the office of the Kern County Recorder; and That portion described as the Kern River Designated Floodway that lies northerly of line "A", on maps prepared by the Reclamation Board of the Resources Agency of the State of California recorded in Volume 1 of Designated Floodways pages 141 thru 147 and pages 158 thru 162 on April 3, 1979 in the office of the Kern County Recorder. TO AN OS-FP-S (OPEN SPACE - FLOOD PLAIN SECONDARY) ZONE: That portion of the Kern River Floodway lying within the Bakersfield City Limits and being more particularly described as follows: That portion described as the Flood Plain Secondary zone on maps prepared by Stetson Engineers, Inc., titled City of Bakersfield Kern River Floodway Maps recorded in Book 2 of Floodway Maps, pages 9 thru 30 and pages 41 thru 45 on June 15, 1988 in the office of the Kern County Recorder, and having a base zone described as follows: OS (Open Space) zone as shown in Section 27 T. 29 S., R. 27 E., M.D.B.& M. and described in Ordinance 2840 New Series, on file in the City Clerk's Office of the City of Bakersfield. EXCEPTING THEREFROM: That portion described as the Kern River Designated Floodway on maps prepared by the Reclamation Board of the Resources Agency of the State of California recorded in Book 1 of Designated Floodways pages 13 thru 33 on September 27, 1976 in the office of the Kern County Recorder; and - 11 That portion described as the Kern River Designated Floodway that lies northerly of line "A", on maps prepared by the Reclamation Board of the Resources Agency of the State of California recorded in Volume 1 of Designated Floodways pages 141 thru 147 and pages 158 thru 162 on April 3, 1979 in the office of the Kern County Recorder. TO AN A (AGRICULTURAL ZONE: Parcel 1 That portion of Sections 32 and 33 of T. 29 S., R. 27 E., M.D.B.& M. lying north of the Kern River Canal, west of the west right of way of Coffee Road and lying southerly of that por- tion described as the Kern River Designated Floodway on maps prepared by the Reclamation Board of the Resources Agency of the State of California recorded in Book 1 of Designated Floodways page 28 on September 27, 1976 in the office of the Kern Couaty Recorder, and lying southerly of that portion of the Flood Plain Secondary zone described on maps prepared by Stetson Engineers, Inc., titled City of Bakersfield Kern River Floodway Maps recorded in Book 2 of Floodway Maps, page 18 on June 15, 1988 in the office of the Kern County Recorder. Parcel 2 That portion of Section 33 of T. 29 S., R. 27 E., M.D.B.&M. lying north of the north right of way line of Truxtun Avenue, east of the east right-of-way line of Coffee Road and southerly of that portion described as the Kern River Designated Floodway on maps pre- pared by the Reclamation Board of the Resources Agency of the State of California recorded in Book 1 of Designated Floodways page 28 on September 27, 1976 in the office of the Kern County Recorder. - 12 Parcel 3 That portion of Sections 9, 16 and 17 of T. 29 S., R. 28 E., M.D.B.&M. lying north of the Kern Island Canal and lying southerly of that portion described as the Kern River Designated Floodway on maps prepared by the Reclamation Board of the Resources Agency of the State of California recorded in Book 1 of Designated Floodways pages 144 and 145 on April 3, 1979 in the office of the Kern County Recorder, and lying southerly of that portion of the Flood Plain Secondary zone described on maps pre- pared by Stetson Engineers, Inc., titled City of Bakersfield Kern River Floodway Maps recorded in Book 2 of Floodway Maps, page 26, 27 and 28 on June 15, 1988 in the office of the Kern County Recorder. Parcel 4 That portion of Section 8 of T. 29 S., R. 28 E., M.D.B. & M. lying southerly of the Bakersfield City Limit Line and lying north- erly of that portion described as the Kern River Designated Floodway on maps prepared by the Reclamation Board of the Resources Agency of the State of California recorded in Book 1 of Designated Floodways page 144 on April 3, 1979 in the office of the Kern County Recorder. Parcel 5 That portion of Section 8 and 9 of T. 29 S., R. 28 E., M.D.B.&M. lying southerly of the Bakersfield City Limit Line and lying north- erly of that portion described as the Kern River Designated Floodway on maps prepared by the Reclamation Board of the Resources Agency of the State of California recorded in Book 1 of Designated Floodways page 145 on April 3, 1979 in the office of the Kern County Recorder. Parcel 6 That portion of Section 9 of T. 29 S., R. 28 E., M.D.B.&M lying southeasterly of the Bakersfield City Limit Line, southerly of the Beardsley Canal and lying northwesterly of - 13 that portion described as the Kern River Designated Floodway on maps prepared by the Reclamation Board of the Resources Agency of the State of California recorded in Book 1 of Designated Floodways page 145 and 146 on April 3, 1979 in the office of the Kern County Recorder. Parcel 7 That portion of Section 9 of T. 29 S., R. 28 E., M.D.B.&M lying northwesterly of the Bakersfield City Limit Line, and lying south- easterly of that portion described as the Kern River Designated Floodway on maps pre- pared by the Reclamation Board of the Resources Agency of the State of California recorded in Book 1 of Designated Floodways page 147 on April 3, 1979 in the office of the Kern County Recorder. Parcel 8 That portion of Section 9 of T. 29 S., R. 28 E., M.D.B.&M lying northeasterly of the Bakersfield City Limit Line, and lying south- westerly of that portion described as the Kern River Designated Floodway on maps pre- pared by the Reclamation Board of the Resources Agency of the State of California recorded in Book 1 of Designated Floodways page 147 on April 3, 1979 in the office of the Kern County Recorder and lying easterly of that portion of the Flood Plain Secondary zone described on maps prepared by Stetson Engineers, Inc., titled City of Bakersfield Kern River Floodway Maps recorded in Book 2 of Floodway Maps, page 29 on June 15, 1988 in the office of the Kern County Recorder. Parcel 9 That portion of Section 9 and 10 of T. 29 S., R. 28 E., M.D.B.&M lying northerly of the Bakersfield City Limit Line, and lying south- erly of that portion described as the Kern River Designated Floodway on maps prepared by the Reclamation Board of the Resources Agency of the State of California recorded in Book 1 of Designated Floodways page 147 on April 3, 1979 in the office of the Kern County Recorder. - 14 - Parcel 10 That portion of Section 9 of T. 29 S., R. 28 E., M.D.B.&M lying southerly of the Beardsley Canal and northerly of that portion of the Flood Plain Secondary zone described on maps prepared by Stetson Engineers, Inc., titled City of Bakersfield Kern River Floodway Maps recorded in Book 2 of Floodway Maps, page 29 on June 15, 1988 in the office of the Kern County Recorder; and That portion of Sections 3,4, and 10 of T. 29 S., R. 28 E., M.D.B.&M, and lying northerly of that portion of the Flood Plain Secondary zone described on maps prepared by Stetson Engineers, Inc., titled City of Bakersfield Kern River Floodway Maps recorded in Book 2 of Floodway Maps, page 29 on June 15, 1988 in the office of the Kern County Recorder, and lying northerly of that portion described as the Kern River Designated Floodway on maps pre- pared by the Reclamation Board of the Resources Agency of the State of California recorded in Book 1 of Designated Floodways page 147 on April 3, 1979 in the office of the Kern County Recorder. TO AN OS (OPEN SPACE ZONE): Parcel 1 That portion of Section 33 and 34 of T. 29 S., R. 27 E., M.D.B.& M. lying north of the north right of way line of Truxtun Avenue and south- erly of that portion described as the Kern River Designated Floodway on maps prepared by the Reclamation Board of the Resources Agency of the State of California recorded in Book 1 of Designated Floodways pages 29 and 30 on September 27, 1976 in the office of the Kern County Recorder, and lying southerly of that portion of the Flood Plain Secondary zone described on maps prepared by Stetson Engineers, Inc., titled City of Bakersfield Kern River Floodway Maps recorded in Book 2 of Floodway Maps, page 19 on June 15, 1988 in the office of the Kern County Recorder. - 15 Parcel 2 That portion lying southerly of the centerline of a proposed easement within Sections 26, 27, & 34 T. 29 S., R. 27 E. and northerly of the north right-of-way line of Truxtun Avenue. Said centerline being more particularly described as follows: Commencing at the south 1/4 of Section 27; Thence, along south line of said Section S. 89007'03" E. 1,093.19 feet, said line also being the basis of bearing for this legal description; THENCE, S. true point THENCE N. THENCE N. THENCE N. THENCE N. THENCE N. THENCE N. THENCE N. THENCE N. THENCE N. THENCE N. THENCE N. THENCE N. THENCE N. THENCE S. THENCE N. THENCE N. 58034'07" W. 2,907.57 feet to the of beginning; 54005 45" E. 78020 04" E. 62056 58" E. 68°06 40" E. 57050 42" E. 32°59 07" E. 64042 51" E. 24053 18" E. 54013 49" E. 32009 52" E. 54040 55" E. 51027 14" E. 75001'03" E. 60059'47" E. 67000'00" E. 75014'39" E. 18.10 feet; 158.85 feet; 480.49 feet; 671.94 feet; 687.21 feet; 302.88 feet; 541.75 feet; 329.20 feet; 286.22 feet; 272.65 feet; 448.22 feet; 660.08 feet; 300.00 feet; 212.59 feet; 350.00 feet; 455.00 feet; - 16 - THENCE, S. 68°03'22" E. 96.94 feet to the beginning of a non-tangent curve having a radius of 4,326.00 feet concave south- easterly with the radial being $. 13°43'44" E.; THENCE, along said curve, through a central angle of 09°20'15", an arc distance of 705.02 feet; THENCE, N. 52005'27" E. 259.19 feet to the terminus of this easement, said terminus being S. 50°04'08" W. 2,647.24 feet to the southeast corner of Section 27, T. 29 S., R. 27 E. M.D.B. & M. SECTION 2. This ordinance shall be posted in accordance with the City charter provisions and shall become effective thirty (130) days from and after the date of its passage. .......... o0o .......... - 17 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 September 28, 1988 , by the following vote: AYES: COU~ICILMEMGERS:=O~I~. DeMfiND, SMITH, RA1T?. P~"TI~qSON, McdERMOTT 9ALVAG(310 NOES: C 0 U N Cl L M E %~_~:' r:~__~: Childs ABSENT: COUNCILM El,{~[ RS None .AllSTAINING: COUNCILMEMBERS: NOD. P Council of the City of Bakersfield APPROVED September 28, 1988 MAYOR of the City of Bakersfield APPROVED as to form: f~Cit~ of Bakersfield AJS/meg Attachments O ORD 5 ZC.FLOOD1 8/31/'88 - 18 - AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. 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 30th day of September , 1988 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3181 , passed by the Bakersfield City Council at a meeting held on the 28th day of September , 1988 , and entitled: 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 thos certain properties in the City of Bakersfield located generally along the Kern River from ........ ~ ~ ...... etc. CAROL WILLIAMS CITY CLERK of th~ City of Bakersfiel~ NSAOPD