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HomeMy WebLinkAboutORD NO 3773ORDINANCE NO. 3 ~' 7 3 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 122-01 BY CHANGING THE ZONING OF 87.9 ACRES GENERALLY LOCATED SOUTH OF STOCKDALE HIGHWAY TO THE CROSS VALLEY CANAL EAST OF ALLEN ROAD TO ONE FAMILY DWELLING AND OPEN SPACE. WHEREAS, Castle and 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 as follows: Zone Chanqe No. P96-0286: and Zone Change from A-20A (Agriculture - 20-acre minimum lot size) zone to R-1 (One Family Dwelling) zone on 79.43 acres, and to OS (Open Space) zone on 8.47 acres located south of Stockdale Highway to the Cross Valley Canal, east of Allen Road; 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 south of Stockdale Highway to the Cross Valley Canal, east of Allen Road; and WHEREAS, by Resolution No. 18-97 on March 20, 1997, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve R-1 (One Family Dwelling) and OS (Open Space) as delineated on attached Zoning Map No. 122-01 marked Exhibit "A", by this Council and this Council has fully considered the recommendations made by the Planning Commission 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 the changes in zoning of the subject property from A-20A (Agriculture - 20-Acre Minimum) 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 Report, 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 forty-five calendar days prior to the Planning Commission hearing in accordance with CEQA; and WHEREAS, the general plan designation with approval of GPA P96-0286 for this area allows residential 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 WHEREAS, the City Council has considered and hereby makes the following findings: 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 P96-0286 is hereby approved as recommended by the Planning Commission with mitigation measures adopted in the South of Brimhall Road EIR. 3. That this project was the subject of an Environmental Impact Report and the entire environmental record is incorporated by reference as set forth in the resolution certifying the FEIR. 4. That infrastructure exists or can easily be provided to accommodate the types and intensity of the development. 5. The project site is located within the Kern River Plan Element and is presently designated Map Code No. 8.1 (Intensive Agriculture). 6. That Castle and Cooke California Inc., by prior written agreement agreed to comply all adopted mitigation measures contained within the EIR. 2 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "B," subject to approval of GPA P96-0286. 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 ~City of Bakersfield at a regular meeting thereof held on of the ! ! ~ , by the following vote: CITY CLERK and Ex Offici_o,,_,C~ler~X~f the Council of the City of Bakersfield APPROVED JUN I I 1~97 MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY res\oz0286~cc MO/pjt May 21, 1997 4 ORIGINAL (# C-O CITY OF BAKERSFIELD ZONING MAP 122-01 SEC OI T 305 R 261[ LEGEND EXHIBIT "B" General Plan Amendment and Zone Change P95-0285 Mitigation Measures 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. 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, 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. Upon subdivision or development of property within the GPA and zone change area, a. 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. Mainline extensions to provide services for future development/subdivision 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.) ~ ORI(~IN~,I_ Exhibit "B" GPNZC P96-0286 Mitigation Measures Page 2 Access to arterials shall be limited subject to review upon development or subdivision. 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 in the Draft EIR 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 Draft E.I.R. 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). Prior to the issuance of a grading permit on the 87+ acre parcel south of Stockdale Highway, the project proponent shall comply with all appropriate terms and conditions of the MBHCP to the city. The MBHCP requires certain take avoidance measures for the San Joaquin kit fox. MBHCP guidelines regarding tracking and excavation shall be followed to prevent entrapment of the kit fox in dens. Specific measures during the construction phase of the project shall be implemented and include the following: A preconstruction survey shall be conducted prior to site grading to search for active kit fox dens. All pipes, culverts or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry of kit fox. if they are not capped or otherwise covered, they will be inspected prior to burial or closure to ensure no kit foxes, or other protected species, become entrapped. Excavations shall either be similar constructed with escape ramps or covered to prevent entrapment. Prior to grading within the approximately 87+ acre parcel south of Stockdale Highway, the proposed 40-foot wide buffer zone of open space shall be fenced off and posted during construction to prevent damage to vegetation, burrows and nests from heavy equipment and construction vehicles. All food, garbage, plastic shall be disposed of in closed containers and regularly removed from the site to minimize attracting kit fox or other animals. ORIGINAL Exhibit "B" GPNZC P96-0286 Mitigation Measures Page 3 10. 11. 12. 13. Prior to the issuance of a grading permit for the approximately 87+ acre parcel south of Stockdale Highway, the project applicant shall comply with the following raptor nest mitigation to the City of Bakersfield. If grading is proposed during the raptor nesting season (February-September) a focused survey for raptor nests shall be conducted prior to grading activities be a qualified raptor biologist in order to identify active nests in areas potentially impacted by project implementation. If construction is proposed to take place during the breeding season, no construction activity shall take place within 500 feet of an active nest until the young have fledged (as determined by a qualified raptor biologist). Trees containing nests that must be removed as a result of project implementation shall be removed during the non-breeding season (October-January). 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: 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. 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 ORII~IN~,L Exhibit "B" GPNZC P96-0286 Mitigation Measures Page 4 14. 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. 15. The project applicant shall incorporate the following in building plans: 16. 17. 18. 19. 20. 21. 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. 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. 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. 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. 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. 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. Exhibit "B" GPNZC P96-0286 Mitigation Measures Page 5 22. To reduce potential significant effects on the Kern High School District, the project applicant, pdor 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. 23. To reduce potential significant effects 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. 24. 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. 25. Prior to grading within the approximately 87+ acre parcel south of Stockdale Highway, the proposed 40-foot wide buffer zone of open space shall be fenced off and posted during construction to prevent damage to vegetation, burrows, and nests from heavy equipment and construction vehicles. 26. The Open Space buffer between the Cross Valley Canal and the residential area shall be 40-feet wide. 27. The Kern River Plan Element shall be amended to eliminate the residential area (87+ acres parcel) from the plan. 28. The applicant shall construct a 30-foot wide area along the south side of Stockdale Highway from Allen Road to the Cross Valley Canal/Kern River/Stockdale Highway bddge. This 30- foot wide area, as shown on Exhibit "D", shall contain, at a minimum, a five-foot wide sidewalk adjacent to the curb, a ten-foot wide landscaping strip either bermed and/or depressed, a 12-foot wide standard concrete/asphalt bike path and a 3-foot wide landscaped area along a solid six-foot high masonry block wall, with the approval of the City Engineer and Parks Department. MO:PJT May 28, 1997 p:g0286-eb EXHIBIT"C" LegaiDescription PROPOSED R-1 (FROM A-20A) P96-0286 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 NORTHWEST CORNER OF SAID SECTION 1; THENCE S.00"48'16"W. ALONG THE WEST LINE OF SAID SECTION i A DISTANCE OF 57.86 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; THENCE ALONG SAID CENTERLINE THE FOLLOWING SIX (6) COURSES: 1) S.89°14'27"E., 56.54 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 8000.00 FEET; THENCE 2) EASTERLY ALONG SAID CURVE THROUGH A CETNRAL ANGLE OF 03"29'10" AN ARC DISTANCE OF 486.75 FEET; THENCE 3) S.85"44'32"E., 248.03 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 8000.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS S.04"14'43"W; THENCE 4) EASTERLY ALONG SAID SAID CURVE THROUGH A CENTRAL ANGLE OF 03"03'31" AN ARC DISTANCE OF 427.06 FEET; THENCE 5) S.88"45'48"E., 556.95 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 3000.00 FEET; TMENCE 6) EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32"33'56" AN ARC DISTANCE OF 1705.12 FEET; THENCE DEPARTING SAID CENTERLINE, S.62"01'38"W., 340.51 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 135.00 FEET;THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRA3~ ANGLE OF 13"48'48" AN ARC DISTANCE OF 32.55 FEET; THENCE S.75"50'26"W., 533.41 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 1115.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10"31'54" AN ARC DISTANCE OF 204.95 FEET; THENCE S.65°18~32"W., 1041.68 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 885.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14"41'47" AN ARC DISTANCE OF 227.00 FEET; T~ENCE S.80"00'19"W., 459.52 FEET TO THE BEGINNING OF A CURVE CONCAVE TO TME SOUTHEAST,. HAVING A RADIUS OF 1115.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 38"48'28" AN ARC DISTANCE OF 696.84 FEET; THENCE S.44"11'51"W., 206.55 FEET TO THE WEST LINE OF SAID SECTION 1; T~ENCE N.00"4S'16"E. ALONG SAID WEST LINE A DISTANCE OF 1998.55 FEET TO T~E POINT OF BEGINNING. CONTAINING 84.74 ACRES. ORIQ~,~L Exhbit "C" P96-0286 Page 2 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: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 1; THENCE S.72"24~58"W., 1954.71 FEET TO THE INTERSECTION OF THE CENTERLINE OF STOCKDALE HIGHWAY AS DESCRIBED IN BOOK 6003, PAGE 2271, OFFICIAL RECORDS OF KERN COUNTY, WITH THE NORTH BOUNDARY OF THAT 10-FOOT WIDE STRIP OF LAND GRANTED TO THE KERN COUNTY WATER AGENCY PER THE DEED RECORDED IN BOOK 6566, PAGE 1302, OFFICIA.L RECORDS OF KERN COUNTY, BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTH BOUNDARY OF SAID 10-FOOT WIDE STRIP OF LAND THE FOLLOWING NINE (9) COURSES: 1) S.62°01t38"W., 361.63 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 175.00 FEET; THENCE 2) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13"48'48" AN ARC DISTANCE OF 42.19 FEET; THENCE 3) S.75"50'26"W., 533.41 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 1075.00 FEET; THENCE 4) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10"31'54" AN ARC DISTANCE OF 197.60 FEET; THENCE 5) S.65"18'32"W., 1041.68 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 925.00 FEET; THENCE 6) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14"41'47" AN ARC DISTANCE OF 237.26 FEET; THENCE 7) S.80°00'19"W., 459.52 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 1075.00 FEET; THENCE 8) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 35°48'28" AN ARC DISTANCE OF 671.84 FEET; THENCE 9) S.44"11'51"W., 248.86 FEET TO THE WEST LINE OF SAID SECTION 1; THENCE N.00"48'16"E. ALONG SAID WEST LINE A DISTANCE OF 58.22 FEET; THENCE DEPARTING SAID WEST LINE, N.44°11'51"E., 206.55 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 1115.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 35°48'28" AN ARC DISTANCE OF 696.84 FEET; THENCE N.80"00'19"E., 459.52 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 885.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°41'47" AN ARC DISTANCE OF 227.00 FEET; THENCE N.65°18'32"E., 1041.68 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 1115.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°31~54" AN ARC DISTANCE OF 204.95 FEET; THENCE N.75"50~26"E., 533.41 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 135.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°48t48" AN ARC DISTANCE OF 32.55 FEET; THENCE N.62"01'38"E., 340.51 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 Exhbit"C" P96-0286 Page 3 WHICH BEGINNING A RADIAL LINE BEARS N.33°45'08"E.; THENCE SOUTH- EASTERLY ALONG SAID CURVE AND SAID CENTERLINE THROUGH A CENTRAL ANGLE OF 00°51'50" AN ARC DISTANCE OF 45.24 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL OF PARCEL 2 AS DESCRIBED IN THE GRANT DEED TO THE KERN COUNTY WATER AGENCY DESCRIBED IN BOOK 6566t PAGE 1300, OFFICIAL RECORDS OF KERN COUNTY. CONTAINING 3.39 ACRES. MARTIN-Mc[NTOSH 2001 Wheelan Court Bakersfield, CA 93309 (805) 834-4814 C:\WIN-WORD\BRIMHAL2.DOC\JFK\MAY 22, 1997 ORIGINAL ~ TREES IN ~ WID'II-I COI~IST Of= A MINIIvUvl O!= 5Of, ~ ~J OEClDUOL~ SPAClE) I TRE~ PER 35 LII~EAR PEET. OR ~ INCU.I)E A ~ OF: ~ EQUAL TO I. 5.5' ~Mdewalk _ . 10' Landscape Width 12' Bike Trail Width STOC~I.I:r. I-HGHWAY BIKE TRAIL 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. 3773, 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 No. 122-01 by changing the zoning of 87.9 acres generally located south of Stockdale Highway to the Cross Valley Canal east of Allen Road to One Family Dwelling and Open Space. Is/ PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY City Clerk