HomeMy WebLinkAboutORD NO 3772ORD)NANCE NO. ~ 7 7 ~
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
IBAKERSFIELD MUNICIPAL CODE AND ZONING MAPS NOS.
'101-36 AND '102-31 BY CHANGING THE ZONING OF 423.43
ACRES GENERALLY LOCATED SOUTH OF BRIMHALL ROAD
TO THE CITY ADOPTED ALIGNMENT OF THE KERN RIVER
FREEWAY, BETWEEN ALLEN ROAD AND CALLOWAY DRIVE
FROM RESIDENTIAL SUBURBAN AND AGRICULTURE - 20
ACRES MINIMUM TO ONE FAMILY DWELLING AND ONE
FAMILY DWELLING-CHURCH.
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;
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 Change No. P96-052'1:
Zone Change from R-S (Residential Suburban) and A-20A
(Agriculture - 20-acre minimum lot size) zones to R-1 (One Family
Dwelling) zone on 415.86 acres and R-1 CH (One Family
Dwelling-Church) zone on 7.57 acres, located south of Brimhall
Road to the city adopted alignment of the Kern River Freeway,
between Allen Road and Calloway Drive;
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 CI--QA;
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 described above; and
WHEREAS, by Resolution No. 15-97 on March 20, 1997, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve One Family Dwelling and One Family Dwelling-Church as
delineated on attached Zoning Maps Nos. 101-36 and 102-31 marked Exhibits "B" and "C", by
this Council and this Counci~ 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 sa~d hearing, did make
several general and specific findings of fact which warranted changes in zoning of the subject
property from Agriculture 20-acres Minimum and Residential Suburban 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
the South Brimhall Road EIR, 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
lease forty-five calendar days prior to the Planning Commission hearing in accordance with
CEQA; and
WHEREAS, the general plan designation with approval of GPA P96-0521 for this
area allows residential 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 City Council in this matter.
2. The Zone Change P96-0521 is hereby approved as recommended by the
Planning Commission with mitigation measures adopted in the South of Brimhall Road EIR.
3. That the project is mostly residential in character and is compatible with
the surrounding development.
4. 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.
5. That the lot sizes along the south side of Brimhall Road should be more
compatible with the lot sizes north of Brimhall Road.
feet in area.
That the first tier of lots adjacent to Brimhall Road shall be 18,000 square
7. That the retention of collectors is needed for the overall circulation
system and therefore, Old Farm Road shall remain as a collector, ¥erdugo Road shall remain a
collector and the east-west roadway along the north side of the city adopted alignment of the
Kern River Freeway shall be a modified collector with no lots fronting on the modified collector.
ORiGiNAL
8. That the lots along the east-west modified collector shall have the same
treatment as a "standard" double frontage lot with a 6-foot high block wall along the modified
collector.
9. That the city is concerned with the provision of providing recreation and
park facilities to the residents.
10. That the developer is also concerned with the provision of providing
recreation and park facilities for the neighborhood.
11. That the developer will construct or pay in-lieu fees for park construction
if the city adopts an ordinance.
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.
The Environmental Impact Report is hereby approved, adopted and
certified.
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 Maps Nos.
101-36 and 102-31 marked Exhibits "B" and "C," attached hereto and made a part hereof, and
are more specifically described in attached Exhibit "D."
4. Such zone change is hereby made subject to the conditions of approval
listed in attached Exhibit "A", subject to approval of GPA P96-0521.
5. File the Notice of Determination. Upon approval and adoption of the
project, the Planning Department is hereby directed to file a Notice of Determination with the
County Clerk of Kern County, pursuant to the provisions of Section 21152 of the Public
Resources Code and the State CEQA Guideline adopted pursuant thereto.
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.
......... O00 .........
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
~JN ! ! 19~ , by the following vote:
3
ORIGINAL
COUNCILMEMBER D~, C~, ~ LI~['~.,...I~'T, RO~ES, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~'~ ~-~-~--- _.
~l'.J: COUNCILMEMBER ~.
A~S~:N~ COUNCILMEMbER
CITY CLERK and Ex Offici~.?Clerk of the
Council of the City of Bakersfield
APPROVED '~J~l ! ! 1~17
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
res\oz0521 ~cc
MO/pjt
May 20, 1997
4
ORIGINAl.
EXHIBIT "A"
General Plan Amendment and Zone Change P96-0521
Mitigation Measures and Conditions 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 of the 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 441 flowline local
collector roadway to provide access to Zone 2 residential traffic (southwest quadrant
of study area).
Entrance ~ @ Allen Road. (This would be the re-alignment of the Collector
discussed in the following item 3). Provide either a 44' flowline local collector with
limited access or install a traffic signal and the re-aligned Collector roadway.
Entrance #8 @ Calloway. Install traffic signal and provide a 44' flowline local
collector roadway to provide access to Zone 1A residential traffic (northeast
quadrant of study area).
A realignment is required to bring the Collector, that is parallel to the Kern River Freeway, to
a point midway between the interchange and Brimhall Road, coinciding with Entrance #~.
The portion of the Collector or a modified collector as approved by the City Engineer from
Old Farm Road east should remain, as should Old Farm Road itself.
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, Brimhall Road, the un-named collector between Old Farm Road and
Verdugo Lane, 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). ~ ~'~K~'gd,~,
ORIGINAL
Exhibit "A"
GPA/ZC P96-0521
Mitigation Measures & Conditions of Approval
Page 2
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.
6. Upon subdivision or development of properbj 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 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.
a. 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.
8. 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.
10.
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.
11.
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 Draft EIR
per City of Bakersfield Standard Detail 'T-4'.
~'OF~IGINAL ~
Exhibit "A"
GPA/ZC P96-0521
Mitigation Measures & Conditions of Approval
Page 3
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.
12.
The proposed 758 acre project includes nine site entrances resulting in eight new
intersections and one improved intersection. These intersection improvement 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.
One of the intersections (Entrance #8/Calloway Drive) will require traffic signals.
Entrance #1/Stockdale Highway
Entrance #2/Allen Road
Entrance #3/Allen Road
Entrance #4/Brimhall Road
Entrance #5/Brimhall Road
Entrance #6/Brimhall Road
Entrance #7/Brimhall Road
Entrance #8/Calloway Drive
Existing Depetro Drive Entrance
13.
To reduce significant traffic noise impacts at proposed project residential locations adjacent
to Allen Road and Calloway Drive, the project applicant shall implement the following:
The project applicant shall incorporate sound barriers along Allen Road and
Calloway Drive 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.
14.
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, 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.
15.
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, the project applicant
shall submit a letter to the City of Bakersfield Planning Department from the
SJYUAPCD stating the measures that shall be completed during asphalt paving to
comply with SJVU^PCD Rule 4641.
Exhibit "A"
GPA/ZC P96-0521
Mitigation Measures & Conditions of Approval
Page 4
16. 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.
17. 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.
18.
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.
19. Residential structures shall be setback a minimum 50-feet from all agricultural zones.
20.
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.
21.
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.
22.
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.
23.
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.
24~
Prior to recordation of tract maps within 100 feet of the burn dump site, the project applicant
shall demonstrate that soil on the proposed residential uses located adjacent to the
Rosedale Burn Dump is below State Total Threshold Limit Concentrations for metals as set
forth in Title 22 of the California Code of Regulations. If the soil is found to be above these
concentrations, remediation (e.g. removal, extraction, bio-remediation) shall be conducted
by the project applicant for the contaminated soil.
Exhibit "B"
GPA/ZC P96-0521
Mitigation Measures & Conditions of Approval
Page 5
25.
To reduce potential significant affects 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.
26.
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.
27.
To reduce potential significant affects 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 east-west collector shall be a modified collector, as approved by the City Engineer.
29.
The following restrictions to minimum lot sizes shall apply to property adjacent to Brimhall
Road from west of the high school to Allen Road. Those lots adjacent to Brimhall Road shall
have a minimum of 18,000 square feet.
30.
Applicant shall pay a park development fee, should a park development fee be adopted by
the City Council, for the area of North Bakersfield Recreation and Park District within the City
of Bakersfield.
MO:pjt
May 27, 1997
p:g0521~eb
ORI~31~AL
!11
CITY OF BAKERSFIELO
ZONING M~P 101-36
SEC ~6 T 29s. R~)6E.
LEGENO
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CITY OF BAKERSFIELD
ZONING MAP 102-31
SEC 31 T 29S R 27E
LEGEND
EXHIBIT "D"
PROPOSED R-1
LegaiDescription
P96-0521
(FROM A-20A)
ALL THAT PORTION OF SECTION 36, T.29S., R.26E. M.D.M., CITY OF
'BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 36; THENCE
S.89°15'46"E. ALONG THE NORTH LINE OF SAID SECTION 36 A DISTANCE
OF 2621.77 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION;
THENCE S.89"15'34~E. ALONG SAID NORTH LINE A DISTANCE OF 1975.25
FEET; THENCE DEPARTING SAID NORTH LINE, S.00°44'52"W., 508.24
FEET TO THE NORTH LINE OF THE PARCEL OF LAND DEEDED TO THE KERN
COUNTY HIGH SCHOOL DISTRICT IN THE GRANT DEED RECORDED IN BOOK
6819, PAGE 675, OFFICIAL RECORDS OF KERN COUNTY; THENCE ALONG THE
NORTH, WEST, AND SOUTH BOUNDARIES OF SAID PARCEL THE FOLLOWING
THREE (3) COURSES:
1) N.89°15'08"W., 855.22 FEET; THENCE
2) S.00°17'45"W., 1460.97 FEET; THENCE
3) S.89"15'08"E., 1505.75 FEET TO THE EAST LINE OF SAID
SECTION 36; THENCE S.00°17'45"W. ALONG SAID EAST LINE A DISTANCE
OF 574.98 FEET TO THE CENTERLINE OF THE KERN RIVER FREEWAY PLAN
ALIGNMENT; THENCE N.89°08'O2"W- ALONG SAID CENTERLINE A DISTANCE
OF 5260.35 FEET TO THE WEST LINE OF SECTION 36; THENCE DEPARTING
SAID CENTERLINE, N.OO"40'25"E. ALONG SAID WEST LINE A DISTANCE OF
2532.53 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE RIO BRAVO CANAL.
CONTAINING 245.06 ACRES.
PROPOSED R-1 (FROM A-20A)
ALL THAT PORTION OF THE NORTH HALF OF SECTION 31, T.29S., R.27E.,
M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA,
BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 31; THENCE
S.00°17'45"W. ALONG THE WEST LINE OF SECTION 31 A DISTANCE OF
1320.26 FEET TO THE TRUE POINT OF BEGINNING; THECE DEPARTING SAID
WEST LINE, S.89°07'49"E., 725.37 FEET; THENCE N.00"49'46"E.,
1320.00 FEET TO THE NORTH LINE OF SAID SECTION; THENCE
S.89o06'55"E. ALONG SAID NORTH LINE A DISTANCE OF 477.61 FEET TO
THE NORTHWEST CORNER OF TRACT NO. 5544-PHASE A AS FILED IN MAP
BOOK 40 AT PAGES 109 THROUGH 112 IN THE OFFICE OF THE KERN COUNTY
RECORDER; THENCE ALONG THE WESTERLY BOUNDARY AND THE
PROLONGATION THEREOF THE FOLLOWING SEVEN (7) COURSES:
1)
2)
3)
4)
5)
6)
7)
FEET; THENCE S.00°53'05"W., 125.00 FEET;
1094.38 FEET; THENCE N.O0"53'05"E.,
S. 00"53 ' 05"W.
S. 89°06' 55"E.
S. 00°53 ' 05"W.
S. 89°06'55"E.
S. 00o53 ' 05"W.
S. 89°06' 55"E.
S. 00°53 ' 05"W.
SOUTHERLY
249.17 FEET; THENCE
33.67 FEET; THENCE
125.00 FEET; THENCE
79.50 FEET; THENCE
185.00 FEET; THENCE
33.12 FEET; THENCE
930.00 FEET; THENCE S.89"06'55"E.,
THENCE
39.31
30.00
S. 89"06 ~ 55"E. ,
FEET; THENCE
ORIGINAL
Exhbit"D"
P96-0521
Page 2
S.89°06'55"E., 193.84 FEET TO THE WEST LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 31; THENCE N.00°09'27"E. A.LONG SAID WEST
LINE A DISTANCE OF 1575.19 FEET TO THE NORTHWEST CORNER OF THE
NORTHEAST QUARTER OF SAID SECTION; THENCE S.89°06'17"E. ALONG THE
NORTH LINE OF SAID NORTHEAST QUARATER A DISTANCE OF 2039.84 FEET;
THENCE DEPARTING SAID NORTH LINE, S.00"43'01"W., 675.19 FEET TO A
POINT ON THE CENTERLINE OF CALLOWAY DRIVE; THENCE S.50"44'22"W.,
ALONG SAID CENTERLINE A DISTANCE OF 227.83 FEET TO THE BEGINNING
OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 2700.00
FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE AND SAID CENTERLINE
THROUGH A CENTRAL ANGLE OF 42~33'10" AN ARC DISTANCE OF 2005.25
FEET TO A POINT ON THE CENTERLINE OF THE PROPOSED KERN RIVER
FREEWAY; THENCE N.89°08'02"W. ALONG SAID CENTERLINE A DISTANCE OF
3563.98 FEET TO THE WEST LINE OF SAID SECTION 31; THENCE
N.00"17'45"E. ALONG SAID WEST LINE A DISTANCE OF 1224.03 FEET TO
THE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL OF LOTS 2 AND 3 OF "SALES HAP OF LANDS
OF KERN COUNTY LAND COMPANY" FILED APRIL 10, 1891 IN THE OFFICE
OF THE KERN COUNTY RECORDER, LYING NORTHWESTERLY OF THE
CENTERLINE OF THE PROPOSED CALLOWAY DRIVE STREET RIGHT-OF-WAY
(110.00 FEET WIDE) AS DESCRIBED IN THE STREET RIGHT-OF-WAY DEED
RECORDED MAY 1, 1995, AS DOCUMENT NO. 0195053005 IN THE OFFICE OF
THE KERN COUNTY RECORDER.
CONTAINING 135.90 ACRES.
PROPOSED R-1 (FROM R-S)
ALL THAT PORTION OF SECTION 31, T.29S., R.27E., M.D.M., CITY OF
BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED
AS FOLLOW:
ALL OF LOTS 2 AND 3 OF "SALES MAP OF LANDS OF KERN COUNTY LAND
COMPANY" FILED APRIL 10, 1891 IN THE OFFICE OF THE KERN COUNTY
RECORDER, LYING NORTHWESTERLY OF THE CENTERLINE OF THE PROPOSED
CALLOWAY DRIVE STREET RIGHT-OF-WAY (110.00 FEET WIDE) AS
DESCRIBED IN THE STREET RIGHT-OF-WAY DEED RECORDED MAY 1, 1995,
AS DOCUMENT NO. 0195053005 IN THE OFFICE OF THE KERN COUNTY
RECORDER.
CONTAINING 34.90 ACRES.
PROPOSED R-1 CH (FROM A-20A)
ALL THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 36, T.29S.,
R.26E., M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF
CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
BEGINNING THE NORTHEAST CORNER OF SAID SECTION 36; THENCE
N.89°15~34"W. ALONG THE NORTH LINE OF SAID SECTION 36 A DISTANCE
OF 646.51 FEET; THENCE DEPARTING SAID NORTH LINE, S.00o44~52"W.v
508.24 FEET TO THE NORTH LINE OF THE PARCEL OF LAND GRANTED TO
THE KERN COUNTY HIGH SCHOOL DISTRICT IN THE GRANT DEED RECORDED
Exhbit "D"
P96-0521
Page 3
IN BOOK 6819, PAGE 675, OFFICIAL RECORDS OF KERN COUNTY; THENCE
S.89°15~08"E. ALONG SAID NORTH LINE A DISTANCE OF 650.52 FEET TO
THE EAST LINE OF SAID SECTION 36; THENCE N.00°17'45"E. ALONG SAID
'EAST LINE A DISTANCE OF 508.34 FEET TO THE POINT OF BEGINNING.
CONTAINING 7.57 ACRES.
MARTIN-McINTOSH
2001 Wheelan CouP1
Bakersfield, CA 93309
(805) 834-4814
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA
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. 3772, passed by the Bakersfield City
Council at a meeting held on the 11th day of June, 1997, and entitled:
Ordinance amending Title Seventeen of the
Bakersfield Municipal Code and Zoning Maps
Nos. 101-36 and 102-31 by changing the zoning
of 423.43 acres generaly located south of
Brimhall Road to the city adopted alignment
of the Kern Freeway, between Allen Road and
Calloway Drive from Residential Suburban and
Agriculture 20 acres minimum to one Family
Dwelling and One Family Dwelling-Church.
Is/ PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY 'City Clerk