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HomeMy WebLinkAboutORD NO 3774ORDINANCE NO.' AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NOS. '10t-36 AND '122-01 BY CHANGING THE ZONING OF 222-52 ACRES GENERALLY LOCATED NORTH OF STOCKDALE HIGHWAY TO THE RIO BRAVO CANAL/KERN RIVER FREEWAY ALIGNMENT TO ONE FAMILY DWELLING, MULTI- FAMILY DWELLING, REGIONAL COMMERCIAL, AND OPEN SPACE ZONES. WHEREAS, Castle & Cooke California, Inc., filed an application requesting the change of zoning of that certain property in the City of Bakersfield as hereinafter described; and WHEREAS, the Planning Commission, through its Secretary, did set, MONDAY, MARCH 17, 1997, and THURSDAY, MARCH 20, 1997 at the hour of 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before said Planning Commission on said application and accompanying proposed environmental impact report, and notice of the public hearing was given in the manner provided in Title Seventeen of the Bakersfield Municipal Code; and WHEREAS, such zone change proposal is generally as follows: Zone Cham:je No. P96-0287: Zone Change to R-1 (one family dwelling) zone on 198.63 acres, to R-2 (Multiple Family Dwelling) zone on 22.46 acres, to C-2 (Regional Commercial) zone on 23.46 acres and to OS (Open Space) zone on 1.43 acres, located north of Stockdale Highway to the Rio Bravo Canal/Kern River Freeway alignment; and WHEREAS, for the above-described project, an Initial Study was conducted and it was determined that the proposed project would have a significant effect on the environment and an Environmental Impact Report was prepared in accordance with CEQA; and WHEREAS, Castle and Cooke California, Inc., entered into an agreement with the City to implement all mitigation measures identified in the environmental analysis contained with the EIR; and 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 north of Stockdale Highway to the Rio Bravo Canal/Kern River Freeway Alignment; and WHEREAS, by Resolution No.14-97 on March 20, 1997, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. P96-0287 to R-l, R-2, C-2 and OS as delineated on attached Zoning Map Nos. 101-36 and 122-01 marked Exhibits "B" and "C", by this CounC~o~ ~, and this Council has fully considered the recommendations made by the Planning Commissi as set forth in that Resolution; and ORIGINAL WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which warranted an environmental impact report and changes in zoning of the subject property to R-l, R-2, C-2 and OS 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 Environmental Impact Repods, 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, an Environmental Impact Report was advertised and posted at least 45 calendar days prior to the Planning Commission hearing, in accordance with CEQA; and WHEREAS, the general plan designation with the approval of GPA P96-0287 for this area allows residential, commercial and open space development; and WHEREAS, Roger Mcintosh, Martin-Mcintosh, representing Castle & Cooke California, Inc., appealed the decision of the Planning Commission with regards to the R-2 zoned area; and WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Section 65355 of the Government Code, conducted and held a public hearing on Wednesday, May 7, 1997, on the above-described appeal, notice of time and place of the hearing having been given at least ten (10) calendar days before the hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and findings: WHEREAS, the City Council has considered and hereby makes the following 1. The above recitals and findings are true and correct and constitute the findings of the Planning Commission in this matter. 2. The Zone Change P96-0287 is hereby approved as recommended by staff including C-2 on 23.46 acres with a condition that a PCD shall be approved prior to development, and OS on 1.43 acres as requested by the applicant with mitigation measures adopted in the South of Brimhall Road EIR. 3. That Castle & Cooke California Inc. by prior written agreement agreed to comply all adopted mitigation measures contained within the EIR. 4. The City Council finds there is a lack of available acreage available for multi-family development. 5 That the project is mostly residential in character and is compatible with the surrounding development. 6. That infrastructure exists or can easily be provided to accommodate the types and intensity of development. 2 7. That this project was subject to an EIR and the entire environmental record is incorporated by reference as set forth in the resolution certifying the FEIR. That the 23.46 acres requested to C-2 zoning is hereby recommended for approval. 9. That the two 10-acre sites for R-2 zoning do not promote "good" planning. 10. That the R-2 zoned 10-acre site located along the Old Farm Road collector and the city adopted alignment of the Kern River Freeway does not promote "good" planning and is inconsistent with the surrounding area. 11. That the R-2 zoned property would be better suited at the corner of the collector (Old Farm Road) and an arterial (Stockdale Highway). 12. That the R-2 zoned property is of sufficient size at 17 acres. 13. That in order for the R-2 and C-2 zoned properties to be more compatible with the surrounding areas, a 20-foot wide landscaped strip shall be required along the arterial and collector streets with no access to the arterial. 14. That the city is concerned with the provision of providing recreation and park facilities to the residents. 15. That the developer is also concerned with the provision of providing recreation and park facilities for the neighborhood. 16. That the developer will construct or pay in-lieu fees for park construction if the city adopts an ordinance. 17. The retention of the Old Farm Road as a collector is needed for the overall circulation system. SECTION 1. 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. The Environmental Impact Report for the South of Brimhall Road project is hereby certified and adopted. 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 Nos. 101-36 and 122-01 marked Exhibits "B" and "C" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "D ". 3 ORIGINAL 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 13th day of June, 1997 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3774, passed by the Bakersfield City Council at a meeting held on the 1 lth day of June, 1997, and entitled: Ordinance amending Title Seventeen of the Bakersfield Municipal Code and Zoning Map Nos. 101-36 and 122-01 by changing the zoning of 222-52 acres generally located north of Stockdale Highway to the Rio Bravo Canal/Kern River Freeway alignment to One Family Dwelling, Multi-Family Dwelling, Regional Commercial, and Open Space Zones. Is/ PAMELA A McCARTHY City Clerk of the City of Bakersfield DEPIUTY1City Clerk EXHIBIT "A" General Plan Amendment and Zone Change P95-0287 Mitigation Measures and Condition of Approval The developer shall be required to contribute to the Phase II, Regional Traffic Impact Fee (RTIF), based upon the actual developed uses per the adopted Fee schedule. These fees have been established by Council as minimum mitigation for build out of the General Plan. In addition, the following mitigation measures, beyond the RTIF facilities, have been identified in the DEIR as being necessary with development of the GPA area; they shall be fully funded and paid for by the developer, and shall be constructed at the time its respective site access road is connected to the arterial. These are related to site access points as identified in Figure 5 ofthe traffic impact study. Entrance #1 (Old Farm Road or other un-named collector) @ Stockdale Highway. Install traffic signal and provide 4-lane collector (either Old Farm Road with connecting access to the Fairways Development or un-named collector aligned connecting access to the Fairways Development). Entrance #3 @ Allen Road. Install traffic signal and provide 44' flowline local collector roadway to provide access to Zone 2 residential traffic (southwest quadrant of study area). Old Farm Road should remain as a Collector or a modified collector as approved by the City Engineer. Upon first subdivision or development of the property within the Concurrent GPA and zone change area. The subdivider/developer shall submit offers of dedication to City standard widths for Allen Road and Old Farm Road, including expanded intersections, all as shown on the circulation element of the 2010 General Plan. A conceptual drainage study shall be submitted to and approved by the City Engineer. The drainage study should include, but not necessarily be limited to the proposed retention basin site(s) and size, and anticipated construction phasing. At the time of first development, subsequent more detailed studies shall be required to be submitted to and approved by the City Engineer. The applicant shall initiate proceedings to form a Planned Drainage Area if necessary to facilitate construction of the drainage system(s). Necessary flowage/drainage easements as indicated in the approved drainage study shall be submitted to the City Engineer. The area of the Kern River Freeway right-of-way shall be reserved between Calloway Drive and Allen Road. Upon subdivision or development of property within the GPA and zone change area. Municipal sewer and water services shall be provided. The portion of the Allen Road Trunk Sewer within or adjacent to the Concurrent GPA and zone change area shall be constructed with the development of the first area within the Allen Road Trunk Sewer Service area. If the first subdivision or development of the property within the area within the Allen Road Trunk Sewer Service area is submitted prior to the completion of assessment district formation proceedings, then the developer shall make arrangements, satisfactory to the City Engineer, ensuring the subject properry's financial participation in the district. ORIGINAL Exhibit "A" GPA/ZC P96-0287 Mitigation Measures & Conditions of Approval Page 2 10. 11. 12. 13. 14. 15. Mainline extensions to provide services for future developmentJsubdivision shall be made. Prior to first subdivision or development of the property within the Concurrent GPA and zone change area, a master concept proposal for providing municipal services shall be submitted to and approved by the City Engineer. Sewer service exists along the Buena Vista Road alignment. However, the trunk sewer pipeline to be located in Allen Road will ultimately serve the area. Therefore, provisions will be made to allow the sewer to ultimately gravity flow to Allen Road, but the Buena Vista line may be utilized on an interim basis until the Allen Road trunk system is completed. Fees will be paid to allow the area the use of the Buena Vista and Stockdale trunk sewers. Access to arterials shall be limited subject to review upon development or subdivision. Final development plans and/or subdivisions shall incorporate the latest adopted freeway plan lines. To reduce the project's contribution to the significant cumulative traffic impacts on intersections and roadway segments in the year 2020, the following mitigation is required. Prior to the issuance of building permits, the project applicant shall comply with the Metropolitan Bakersfield Transportation Impact Fee Program. The above fees shall be used to provide improvements to improve intersections and roadway segments to an acceptable level of service (LOS C). The following improvements are anticipated based on the fee program. Fully expand and signalize the 22 intersections listed in Table 5.3-2 of the Draff E.IR. per City of Bakersfield Standard Detail 'T-4'. Widen the 49 roadway segments that are located on Table 5.3-3 to the lane configuration shown in Table 7 in Appendix D of the Draff E.I.R. The proposed 758 acre project includes nine site entrances resulting in eight new intersections and one improved intersection. These intersection improvements are not included in the Updated Transportation Impact Fee Program. Therefore, the project applicant will construct the following eight new intersections and one improved intersection. Two of the intersections (Entrance #1/Stockdale Highway and Entrance #3/Allen Road) will require traffic signals: Entrance #1/Stockdale Highway Entrance #2/Allen Road Entrance #3/Allen Road Prior to recordation of tract maps, the location of drainage sumps will be identified. To reduce the potential for water quality impacts on the water supply in the Cross Valley Canal, drainage sumps will be required to be located a minimum of 300 feet from the Cross Valley Canal. Prior to the issuance of a grading permit, the project applicant shall pay a development fee in accordance with the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). To reduce significant traffic noise impacts at proposed project residential locations adjacent to Stockdale Highway and Allen Road the project applicant shall implement the following: Exhibit "A" GPA/ZC P96-0287 Mitigation Measures & Conditions of Approval Page 3 16. 17. 18. 20. The project applicant shall incorporate sound barriers along Stockdale Highway and Allen Road to reduce exterior traffic noise levels at the proposed residences below 65 dBA CNEL. Since lot design and grading plans are not yet available, the exact height and location of barriers cannot be accurately determined at this time. However, barriers between 6 and 8 feet high may be required to reduce noise levels to acceptable levels. 21. The construction of the proposed project would result in the generation of fugitive dust. Compliance with San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) Regulation VIII would result in no significant fugitive dust emissions. To ensure compliance, the following measure shall be implemented. Prior to the approval of a grading plan for any residential tract, multiple family project, and commercial project, the project applicant shall submit a letter to the City of Bakersfield Planning Department from the SJVUAPCD stating the dust suppression measures that shall be completed during construction activities to comply with SJVUAPCD Regulation VIII. The construction of the proposed project would include asphalt paving. Compliance with SJVUAPCD Rule 4641 would result in no significant ROG emissions. To ensure compliance, the following measure shall be implemented. Prior to the approval of a grading plan for any residential tract, multiple family project, and commercial project, the project applicant shall submit a letter to the City of Bakersfield Planning Department from the SJVUAPCD stating the measures that shall be completed during asphalt paving to comply with SJVUAPCD Rule 4641. To reduce NOx emissions, the following measures shall be completed: The construction grading plans shall include a statement that all construction equipment will be tuned and maintained in accordance with the manufacture's specifications. The construction grading plans shall include a statement that work crews will shut off construction equipment when not in use. The project applicant shall incorporate the following in building plans: Solar or low-emission water heater shall be used. Central water heating systems shall be used. Double-panned glass shall be used in all windows. Energy efficient low-sodium parking lot lights shall be used. One (1) bicycle rack shall be provided in the proposed commercial area. If cultural resources are unearthed during construction activities, all work shall be halted in the area of the find. A qualified archaeologist shall be called in to evaluate the findings and recommend any necessary mitigation measures. Proof of compliance with any recommendations resulting from such evaluation, if required, shall be submitted to the Southern San Joaquin Valley Archaeological Information Center (AIC) at California State University, Bakersfield, (CSUB) and to the City of Bakersfield Development Services Department. Residential structures shall be setback a minimum 50-feet from all agricultural zones. Exhibit "A" GPNZC P96-0287 Mitigation Measures & Conditions of Approval Page 4 22. Prior to recordation of tract maps, all abandoned oil wells shall be identified, tested for leakage, and, if necessary, re-abandoned in accordance with Department of Oil and Gas procedures to avoid potential gas migration impacts. 23. Prior to recordation of tract maps, all idle and producing oil wells on the project site shall be enclosed by block walls to reduce the potential for accidents, as required by local ordinance. 24. Prior to recordation of tract maps, the project applicant shall provide setbacks from idle and producing oil wells in accordance with the City's Municipal Code. The setbacks shall be a minimum of 100 feet for residences and a minimum of 300 feet for assembly, education, and institutional occupancies. 25. Prior to issuance of building permits, all oil contaminated soil shall be remediated to the satisfaction of the Local Unified Program Agency (The Office of Environmental Services - Bakersfield City Fire Department) in conjunction with the State Regional Water Quality Control Board, and/or the California Department of Toxic Substances Control. 26. To reduce potential significant impacts on the Kern High School District, the project applicant, prior to the issuance of a building permit within the project area, will be required to pay the Kern High School District $1.42 per square foot of assessable space (as defined in Section 65995 of the Government Code) for each residence for the purpose of providing 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. The project applicant will also be required to provided developer impact fees for commercial uses. These fees will be in accordance with the Kern High School District fees as defined in Section 65995 of the Government Code. 27. To reduce potential significant impacts on the Rosedale Union School District, the project applicant will be required to contribute developer impact fees for the project site in accordance with Community Facilities District 92-1 or annex the project site into Community Facilities District 92-1. 28. The project applicant will be required to dedicate land, pay a fee in accordance with the park standard, or a combination of parkland dedication and payment of a fee. The project applicant will be required to dedicate for the entire EIR site approximately 24.08 acres of land for the entire 758 acre project area. 29. The applicant has offered to dedicate the 20-foot wide equestrian easement along the east side of Allen Road (at the Rio Bravo Spreading Grounds) southerly to Stockdale Highway, then easterly to the Cross Valley Canal, subject to the approval of the Planning Director, prior to the issuance of a building permit for the project. Further, that Castle & Cooke will dedicate a one acre site, for a "staging" area and picnic area, prior to the issuance of a building permit for the site. Castle & Cooke shall improve it as a "staging" area and picnic area for equestrian/pedestrian uses, subject to the approval of the Planning Director, within three years from commencement of the project. If the policy for park development credit is adopted for trails by the City of Bakersfield, the city will recommend that North Bakersfield Recreation & Park District give the applicant park credit for the "staging" area improvements, which are provided in excess of $30,000. The one acre site for the "staging" area is located north of the intersection of Stockdale Highway and the Cross Valley Canal. See attached Exhibit li: for the detail of the "staging"/picnic area and Equestrian Trail cross-section. Exhibit "A" GPA/ZC P96-0287 Mitigation Measures & Conditions of Approval Page 5 30. Prior to the issuance of a building permit for the proposed commercial uses, the project applicant shall demonstrate that project commercial noise source impacts on nearby residences are below those indicated in the city's hourly noise level performance standards. To demonstrate commercial noise source impacts are below the city's standards, the project applicant may need to include project design features such as setbacks, barriers, building location/orientation, acoustical design of buildings, etc. 31. The following restrictions shall apply to the HMR/R-2 area: There shall be no direct access to Stockdale Highway from the site. There shall be a 20-foot wide landscaping along Stockdale Highway and Old Farm Road. This 20-foot wide landscaping area is in addition to the equestrian easement required above. 32. The following restrictions shall apply to the GC/C-2 area: There shall be a 20-foot wide landscaping along Stockdale Highway and Old Farm Road. This 20-foot wide easement area is in addition to the equestrian easement required above. 33. Applicant shall pay a park development fee, should a park development fee be adopted by the City Council, for that portion of North Bakersfield Recreation and Park District. MO:~t May 21,1997 p:gO287-eb ORIGINAL ~ CITY OF BAKERSFIELD I "'-'~'" ZONING MAP 101-36 I ~..-~. .Q*~ + SEC 36 I LEG[NO I m I C-O A'20A CITY OF BAKERSFIELD ZONING MAP 122-01 SEC OI I 305 R 26[ ITl LEGEND EXHIBIT "D" P96-0287 Legal Description PROPOSED R-2 (FROM A-20A) ALL THAT PORTION OF SECTION 36, T.29S., R.26E. AND SECTION 1, T.30S., R.26E., M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMI~ENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 36; THENCE S.76"45~51"W., 534.35 FEET TO THE TRUE POINT OF BEGINNING; THENCE N.00"29'14"E., 1598.81 FEET; THENCE S.89"30'46"E., 519.10 FEET TO THE EAST LINE OF THE WEST HALF OF SAID SECTION 36; THENCE S.00"29'14"W. ALONG SAID EAST LINE A DISTANCE OF 1383.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF .1000.00 FEET; THENCE DEPARTING SAID EAST LINE, AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18°20'13" AN ARC DISTANCE OF 320.04 FEET TO THE CENTERLINE OF STOCKDALE HIGHWAY AS DESCRIBED IN BOOK 6003, PAGE 2271, OFFICIAL RECORDS OF KERN COUNTY, AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 3000.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N.16°58'29"E.; THENCE WESTERLY ALONG SAID CENTERLINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 09"09'03" AN ARC DISTANCE OF 479.14 FEET TO THE POINT OF BEGINNING. CONTAINING 19.51 ACRES. PROPOSED C-2 (FROM A-20A) ALL THAT PORTION OF SECTION 36, T.29S., R.26E. AND SECTION 1, T.30S., R.26E., M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 36; THENCE S.13"10'26"W., 231.20 FEET TO THE CENTERLINE OF STOCKDALE HIGHWAY AS DESCRIBED IN BOOK 6003, PAGE 2271, OFFICIAL RECORDS OF KERN COUNTY, AND THE TRUE POINT OF BEGINNING, ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 1000.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS S.71"10'33"E.; THENCE DEPARTING SAID CENTERLINE, NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18"20'13" AN ARC DISTANCE OF 320.04 FEET TO THE EAST LINE OF THE WEST HALF OF SAID SECTION 36; THENCE N.O0"29'14"E. ALONG SAID EAST LINE A DISTANCE OF 456.46 FEET; THENCE DEPARTING SAID EAST LINE, S.89"56'18"E., 883.81 FEET; THENCE S.28"48'02"E., 888.72; THENCE S.00"45'17"W., 104.69 FEET FEET TO THE NORTH BOUNDARY OF THE LAND GRANTED TO THE KERN COUNTY WATER AGENCY PER THE DEED RECORDED IN BOOK 6566, PAGE 1302, OFFICIAL RECORDS OF KERN COUNTY; THENCE S.62"01'38"W. ALONG SAID NORTH BOUNDARY A DISTANCE OF 376.10 FEET; THENCE DEPARTING SAID NORTH BOUNDARY, N.27"58'34"W., 20.16 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 3219.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N.36"13'19"E.; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTHAL ANGLE OF 01°47'00" AN ARC DISTANCE OF 100.18 FEET; THENCE $.34"26'20"W., 25.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE Exhibit "D" P96-0287 Page 2 CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 3194.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N. 34 °26 ' 20"E.; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04o34'08" AN ARC DISTANCE OF 254.70 FEET; THENCE S.29"57'34"W., 139.00 FEET TO THE NORTHERLY RIGHT-OF-WAY OF SAID STOCKDALE HIGHWAY; THENCE S.29"51'57"W., 55.00 FEET TO SAID CENTERLINE OF STOCKDALE HIGHWAY AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 3000.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N.29~51'57"E.; THENCE NORTHWESTERLY ALONG SAID CURVE AND CENTERLINE THROUGH A CENTRAL ANGLE OF 12°53'27" AN ARC DISTANCE OF 674.97 FEET TO THE POINT OF BEGINNING. CONTAINING 24.60 ACRES. PROPOSED R-1 (FROM A-20A) ALL THAT PORTION OF SECTION 36, T.29S., R.26E. AND SECTION 1, T.30S., R.26E., M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID SECTION 36 WITH THE CENTERLINE OF THE KERN RIVER FREEWAY PLAN ALIGNMENT; THENCE S.89°08'02"E. ALONG SAID CENTERLINE A DISTANCE OF 2630.05 FEET TO THE EAST LINE OF THE WEST HALF OF SAID SECTION 36; THENCE DEPARTING SAID CENTERLINE, S.00~29'14"W. ALONG SAID EAST LINE A DISTANCE OF 184.20 FEET TO THE SOUTHWESTERLY BOUNDARY OF THE RIO BRAVO CANAL; THENCE ALONG SAID BOUNDARY THE FOLLOWING THREE (3) COURSES: 1) S.78°41'20"E., 217.76 FEET; THENCE 2) S.43~01'20"E., 746.21 FEET; THENCE 3) S.28~48'02"E., 2221.49 FEET TO THE NORTH BOUNDARY OF THE PUMP PLANT NO. 5 OF THE CROSS VALLEY CANAL; THENCE S.62"01'38"W. ALONG SAID NORTH BOUNDARY A DISTANCE OF 44.45 FEET TO THE NORTHEAST CORNER OF THE PARCEL OF LAND DEEDED TO CASTLE & COOKE DEVELOPMENT CORPORATION PER DEED RECORDED IN BOOK 6566, PAGE 1306, OFFICIAL RECORDS OF KERN COUNTY; THENCE S.27~58'22"E. ALONG THE EAST LINE OF SAID PARCEL A DISTANCE OF 28.76 FEET; THENCE DEPARTING SAID EAST LINE, N.89~14'27"W., 469.44 FEET; THENCE S.00°45'17"W., 216.79 FEET; THENCE N.28~48'02"W., 888.72 FEET; THENCE N.89°56'18"W., 883.81 FEET TO SAID EAST LINE OF THE WEST HALF OF SAID SECTION 36; THENCE N.00"29'14"E. ALONG SAID EAST LINE A DISTANCE OF 926.54 FEET; THENCE DEPARTING SAID EAST LINE, N.89"30'46"W., 519.10 FEET; THENCE S.00"29'14"W., 1598.81 FEET TO THE CENTERLINE OF STOCKDALE HIGHWAY AS DESCRIBED IN BOOK 6003, PAGE 2271, OFFICIAL RECORDS OF KERN COUNTY, ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 3000.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N.07"49'26"E.; THENCE ALONG SAID CENTERLINE THE FOLLOWING SIX (6) COURSES: 1) WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06"38'14" AN ARC DISTANCE OF 347.52 FEET; THENCE Exhibit "D" P96-0287 Page 3 2) N.88°48'48"W., 556.95 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 8000.00 FEET; THENCE 3) WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°03'31" AN ARC DISTANCE OF 427.06 FEET; THENCE 4) N.85°44'32"W., 248.03 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 8000.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N.04°14'43"E.; THENCE 5) WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°29'10" AN ARC DISTANCE OF 486.75 FEET; THENCE 6) N.89°14'27"W., 56.54 FEET TO THE WEST LINE OF SAID SECTION 1; THENCE DEPARTING SAID CENTERLINE, N.00°48'16"E. A~ONG SAID WEST LINE A DISTANCE OF 57.86 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 36; THENCE N.00°40'50"E. ALONG SAID WEST LINE A DISTANCE OF 2639.48 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 36; THENCE N.00°40'25"E. ALONG SAID WEST LINE OF SECTION 36 A DISTANCE OF 107.19 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE RIO BRAVO CANAL. CONTAINING 199.70 ACRES. PROPOSED OS (FROM A-20A) ALL THAT PORTION OF SECTION 1, T.30S., R.26E., M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMI~ENCING AT THE NORTHEAST CORNER OF SAID SECTION 1; THENCE S.72o24'58"W., 1954.71 FEET TO THE CENTERLINE OF STOCKDALE HIGHWAY AS DESCRIBED IN BOOK 6003, PAGE 2271, OFFICIAL RECORDS OF KERN COUNTY; BEING THE TRUE POINT OF BEGINNING, ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 3000.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N.34"49'49"E.; THENCE NORTHWESTERLY ALONG SAID CENTERLINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 04°57'52" AN ARC DISTANCE OF 259.94 FEET; THENCE DEPARTING SAID CENTERLINE, N.29"51'57"E., 55.00 FEET; THENCE N.29°57'34"E., 139.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 3194.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N.29"57'34"E.; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°34'08" AN ARC DISTANCE OF 254.70 FEET; THENCE N.34"26'20"E., 25.00 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 3219.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N.34°26'20"E.; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01°47'00" AN ARC DISTANCE OF 100.18 FEET; THENCE S.27°58'34"E., 20.16 FEET TO THE NORTH BOUNDARY OF THE LAND GRANTED TO THE KERN COUNTY WATER AGENCY PER THE DEED RECORDED IN BOOK 6566, PAGE 1302, OFFICIAL RECORDS OF KERN COUNTY; T~NCE S.59"32'35"W. ALONG SAID NORTH BOUNDARY A DISTANCE OF 234.82 FEET TO THE POINT OF BEGINNING. CONTAINING 1.43 ACRES. Exhibit "D" P96-0287 Page 4 .PROPOSED R-1 (FROM A) ALL THAT PORTION OF SECTION 1, T.30S., R.26E., M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 1; THENCE N.89o14'27"W. ALONG THE NORTH LINE OF SAID SECTION 1 A DISTA~CE OF 850.27 FEET TO THE TRUE POINT OF BEGINNING; ALSO BEING A POINT ON THE EAST BOUNDARY OF THE PARCEL OF LAND DEEDED TO CASTLE & COOKE DEVELOPMENT CORPORATION PER DEED RECORDED IN BOOK 6566, PAGE 1306, OFFICIAL RECORDS OF KERN COUNTY; THENCE S.27°58'22"E. ALONG SAID EAST LINE A DISTANCE OF 56.25 FEET TO THE NORTHERLY BOUNDARY OF THE PARCEL OF LAND DEEDED TO THE KERN COUNTY WATER AGENCY PER DEED RECORDED IN BOOK 6566, PAGE 1302, OFFICIAL RECORDS OF KERN COUNTY; THENCE S.62~01'38"W. ALONG SAID NORTHERLY BOUNDARY A DISTANCE OF 514.52 FEET; THENCE DEPARTING SAID NORTHERLY BOUNDARY, N.28°48'02"W., 91.81 FEET; THENCE N.00o45'17"E., 216.79 FEET TO SAID NORTH LINE OF SAID SECTION 1; THENCE S.89°14'27"E. ALONG SAID NORTH LINE A DISTANCE OF 469.44 FEET TO THE POINT OF BEGINNING. CONTAINING 2.04 ACRES. PROPOSED C-2 (FROM A) ALL THAT PORTION OF SECTION 1, T.30S., R.26E., M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 1; THENCE N.89o14'27"W. ALONG THE NORTH LINE OF SAID SECTION 1 A DISTANCE OF 1319.71 FEET; THENCE DEPARTING SAID NORTH LINE, S.00~45'17"W., 216.79 FEET TO THE TRUE POINT OF BEGINNING; THENCE S.28°48'02"E., 91.81 FEET TO THE NORTHERLY BOUNDARY OF THE PARCEL OF LAND GPJ%NTED TO THE KERN COUNTY WATER AGENCY PER BOOK 6566, PAGE 1302, OFFICIAL RECORDS OF KERN COUNTY; THENCE S.62~01'38"W. ALONG SAID NORTHERLY BOUNDARY A DISTANCE OF 51.65 FEET; THENCE DEPARTING SAID NORTHERLY BOUNDARY, N.00"45'17"E., 104.69 FEET TO THE POINT OF BEGINNING. CONTAINING 2370 SQUARE FEET. ORIGINAL Z EXHIBIT "E" ~a,~- Zone Change P9~0287 :~ Page I of 2 SOUTH BRIMHALL RD EQUESTRIAN TRAIL EIR 20' EASEMENT TYPICAL 2'~' EASEMENT ~,T ALCOVE PJW AT STOCKDALE HVVY., AT ALLEN ROAD -, TO BE DETERMINED BY THE CITY PUBLIC WORKS DEPT. 5' SPLIT-;'ACE CONCRy. I= BLOCK ',';ALL ..//~-- 6' x6' CON,C.R,t.I ~- uow CURB 3' CONCR~E ,RAIL FENCE---~ - 5' MIN. LANDSCAPING 1 2' WIDE · 3' 6' MEANDERING MIN. SlOEWALK UNPAVED TRAIL LANDSCAPING EXHIBIT "E" Zone Change P96-0287 Page 2 of 2