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HomeMy WebLinkAboutORD NO 3789ORDINANCE NO. 3 '~' 8 9 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NOS. 102-23 AND t02-24 BY CHANGING THE ZONING ON 10.t ACRES LOCATED SOUTH OF SlLLECT AVENUE, EAST OF PIERCE ROAD, AND NORTH OF RIVERSIDE DRIVE FROM C-2 (REGIONAL COMMERCIAL) AND M-1 (LIGHT MANUFACTURING) TO PCD (PLANNED COMMERCIAL DEVELOPMENT) AND DENYING AN APPEAL OF THE PLANNING COMMISSION DECISION RECOMMENDING APPROVAL OF SUCH AMENDMENT BY LIZANNE REYNOLDS OF ADAMS, BROADWELL AND JOSEPH. WHEREAS, for the above-described amendment, 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 (EIR) was prepared in accordance with CEQA; and WHEREAS, Cornerstone Engineering, Inc. and Medcath, Inc. have entered into an agreement with the City to implement all mitigation measures identified in the environmental analysis contained in 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 Sillect Avenue, east of Pierce Road, and north of Riverside Drive; and WHEREAS, by Resolution No. 64-97 on August 21,1997, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a change from Zoning Map Nos. 102-23 and 102-24 marked Exhibits "B-I" and "B-2", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; and 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 the changes in zoning of the subject property from C-2 and M-1 to PCD, 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 an 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 in accordance with the City of Bakersfield CEQA Implementation Procedures before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, the General Plan designation for this area allows Public Facilities uses, subject to approval of General Plan Amendment Case No. P96-0859, and 3.3 (Other Facilities) subject to approval of Kern River Plan Amendment No. P96-0859; and WHEREAS, the decision of the Planning Commission recommending approval of such amendment was appealed by Lizanne Reynols of Adams, Broadwell and Joseph; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required notices have been given. been followed. The provisions of the California Environmental Quality Act (CEQA) have 3. Conditions of approval as shown on Exhibit "A" are included in the project to mitigate impacts. 4. The proposed zoning classification is compatible with existing and projected zoning and land uses in the surrounding vicinity. 5. Conditions of approval for the Planned Commercial Development project in accordance with the Site Plan Approval process and pursuant to the mitigation measures in the FEIR, will assure compatibility of the project with surrounding land uses, and reduce its impact on the physical environment to less than significant. 6. The proposed commercial designation is consistent with the level of circulation access and public services presently available in the area. 7. The proposed Planned Commercial Development zoning district and preliminary development plan is consistent with the General Plan and the objectives of Title 17 of the City of Bakersfield Municipal Code. 8. The proposed development will constitute a commercial environment of sustained desirability and stability, and it will complement and harmonize with the character of the surrounding neighborhood and community. 9. The proposed development justifies exceptions from the normal application of the zoning code in that it integrates such elements as the location of structures, cimulation pattern, parking, landscaping and utilities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided on the property. 10. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the State of California Fish and Game Code. 11. Mitigation Monitoring Plan (Exhibit "D") describes the Mitigation Monitoring Plan, and the Planning Commission recommends approval of this plan as implementation of mitigation measures for the Bakersfield Heart Hospital and Related Medical Office Building Project EIR. 12. The appeal of the Planning Commission decision by Lizanne Reynolds of Adams, Broadwell and Joseph was duly considered. 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 Bakersfield Heart Hospital and related Medical Office Building 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. 102-23 and 102-24 marked Exhibits "B-I" and "B-2" attached hereto and made a part hereof, and more specifically described in attached Exhibit "C-1", "C-2" and "C-3". 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A", subject to approval of GPA P96-0859. 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 then provisions of Section 21152 of the Public Resources Code and the State CEQA Guidelines adopted pursuant thereto. hereby denied. The appeal by Lizanne Reynolds of Adams, Broadwell and Joseph is SECTION 2. This ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective 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 of the C!ty.o, gf.f Bakersfield at a regular meeting thereof held on $EP 2 4 ~Jf , by the following vote: AYES: COUNCILMEi~IBER DeMOND, CARSON, ~, McDERMOTT, f~, SULLIVAN, $ALVAGGfO NO~S: COL, ,CI .~E,'~ER ~ ABSENT: ~UNCIL~'iEk~ '~R ~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED $EP 2 ~ 1997 .o ~.~,/~ ~ MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY BY: res\o0859-cc MJM September 11, 1997 4 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 26th day of September, 1997 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3789, passed by the Bakersfield City Council at a meeting held on the 24th day of September, 1997, and entitled: Ordinance amending Title Seventeen of the Bakersfield Municipal Code and Zoning Map Nos. 102-23 and 102-24 by changing the zoning on 10.1 acres located south of Sillect Avenue, east of Pierce Road, and north of Riverside Drive from C-2 (Regional Commercial) and M-1 (Light Manufacturing) to PCD (Planned Commercial Development) and denying an appeal of the Planning Commission decision recommending approval of such amendment by Lizanne Reynolds of Adams, Broadwell and Joseph. /s/ PAMELA A. McCARTHY City Clerk ofthe City of Bakersfield DEPUTY City Cler~ EXHIBIT "A" CARDIAC HOSPITAL P96-0859 CONDITIONS OF APPROVAL EIR MITIGATION/SITE PLAN REVIEW Mitigation Measures The developer shall comply with the regulations of the San Joaquin Valley Unified APCD regarding the control of particulate emissions and fugitive dust during grading and construction activities. P~0 rules include: proper maintenance of construction equipment, dust control measures, use of soil binders, site watering, landscaping, truck covers, etc., which have to be implemented until all construction activities are completed. (AQAP Policy 29) (Mitigation) All construction vehicles or equipment fixed or mobile operated shall be equipped with properly operating and maintained mufflers. (Mitigation) The intersection of Pierce Road/Sillect Avenue shall be restriped from the westbound approach to have one left/thru/right lane, with the eastbound approach restriped to one left lane and one thru/right lane. (Mitigation) An information kiosk or display shall be provided on-site indicating bus schedules and dial-a-ride phone numbers. The plans for same shall be part of an application for approval of a comprehensive sign plan. (Mitigation) Construction shall be limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday, and shall be prohibited on Sundays and Federal holidays in order to minimize disruption to existing residential neighborhoods. (Mitigation) The applicant shall contribute fees to the Regional Transportation Impact Fee Program. As a consequence, the proposed project's proportionate contribution to impacts upon the Rosedale Highway/Fruitvale Avenue intersection shall be satisfied. (Mitigation) Site Plan Review Conditions: Planning Department: Parking lot lighting shall be provided pursuant to Section 17.58.060 A of the Municipal Code. Lights shall be designed, arranged, and shielded to reflect away from adjacent residential properties and streets with illumination evenly distributed across the parking area. All light fixtures shall be located between 15' and 40' above grade. Lighting direction and light fixtures shall be shown on the final site plan. A landscape plan and specification for irrigation shall be submitted to the Planning Department for approval prior to final development plan approval. 3. The minimum parking required for this project has been computed as follows: Hospital = 90 beds = 13,000 sq.ft. office/230 = 45,000 sq.ft. med. office/125 = 150 seat conference room/4 = 2,500 sq.ft. retail/300 = TOTAL REQUIRED = 90 spaces 57 spaces 360 spaces 38 spaces 8 spaces 553 spaces Cardiac Hospital P96-0859 Page 2 The address assigned is for the entire site. If you desire individual pad and lease space addresses, submit two copies of the plot plan (8-1/2" x 14" max.) designating all possible lease areas to this department - Attention: Dave Dow or Louise Palmer. Approved landscaping shall be installed prior to final building inspection or occupancy of any building. Landscape inspections are on Fridays. Call Dave Dow at 326-3594 or Louise Palmer at 326-3680 prior to the Friday you wish your inspection. NOTICE - Habitat conservation fees for this project will be calculated based on the fee in effect at the time (currently $1,240 per gross acre) payable to the Planning Department prior to any grading or soil disturbance as defined in the Implementation/Management Agreement (Section 2.21) for the Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of fees, the applicant will receive acknowledgment of compliance with Metropolitan Bakersfield Habitat Conservation Plan (Implementation/Management Agreement Section 3.1.4). The area within the Medical Office Building allocated as "Retail Space (2,500 square feet)" as shown on the approved Site Plan (Exhibit "A") shall be restricted to retail uses customarily incident to and supportive of medical uses, such as a pharmacy, gift shop, or a cafe primarily intended for use in conjunction with onsite medical offices and treatment functions. A 20-foot by 30-foot GET bus pad shall be installed in the landscaped area fronting Sillect Avenue to the north of the Medical Office building. The pad shall have a shelter and it will be connected to the office building and hospital structure by a series of sidewalks and striped pedestrian crossings of parking areas and driveways. The sidewalk shall extend to the south on the west side of the Medical Office building, and then westerly and southerly to the hospital structure. All curb areas at street and driveway crossings shall have handicap access ramps. Building Department: This review does not include approval of any signs for the project. A separate permit is required for all new signs, including construction signs, from the Building Department. Structures exceeding 10,000 square feet in area shall be constructed with an automatic fire sprinkler system. Indicate on the final plan compliance with all handicap requirements pursuant to State Building Code. A final soils report shall be submitted to the Building Department prior to commencement of any grading. 5. School District fees will be assessed prior to commencement of construction. A line of trees are required along the south line of the project adjacent to the canal subject to the approval of the Planning Director. Cardiac Hospital P96-0859 Page 3 Engineering Services 1. The applicant shall construct new connection(s) to a public sewer. The applicant shall construct on-site paving with a minimum of 2" Type B, A.C. over 3" Class II A.B., or paving equivalent as approved by the City Engineer. An irrevocable offer of dedication of additional right-of-way for Oak Street as determined by the City Engineer shall be submitted to the Public Works Department prior to submittal of plans for final development plan check pursuant to Chapter 17.54.050 of Title 17. The applicant shall provide a comprehensive drainage study to be reviewed and approved by the City Engineer. The applicant shall provide four copies of the grading plans and two copies of the preliminary soils report to the Building Department. The developer shall be responsible for providing all labor and materials to energize all street lights adjacent to the site. All street lights SHALL BE energized prior to occupancy. 7. A sewer connection fee shall be paid prior to commencement of construction. A transportation impact fee for regional facilities shall be paid prior to commencement of construction. Based on the rate schedule in effect for the 1996-1997 fiscal year and the proposed project use, a rate of $31 per vehicular trip would be anticipated. A permit from the Public Works Department is required prior to any work within city right- of-way (street, alley, easement). 10. If the project is subject to the provisions of the National Pollutant Discharge Elimination System (NPDES), a "Notice of Intent" (NOI) to comply with the terms of the General Permit to Discharge Storm Water Associated with Construction Activity (WHEREAS, Order No. 92-08-DWQ) must be filed with the State Water Resoumes Control Board in Sacramento prior to construction activity beginning. Compliance with the General Permit requires that a Storm Water Pollution Prevention Plan (SWPPP) be prepared, continuously implemented, and be available for public inspection at all times during normal construction hours. Sanitation Department Indicate on the final plan one, 10' x 20' recycling bin location(s) pursuant to City Standard S-43, for each building. 2. Indicate on the final plan two compactor roll-off bin location(s). The Sanitation Division shall be contacted to determine alternatives to allow the safe collection of refuse and/or recyclables. Facilities generating 12 cubic yards or more of refuse daily will be required to provide roll- off compactor bins. Cardiac Hospital P96-0859 Page 4 Applicant shall provide either Sanitation Conditions 1 and 8, or provide Sanitation Conditions 2 and 7. The applicant shall provide two, 28 to 40 cubic yard roll-off compactor bin(s) for the containment of refuse or recyclables. The applicant shall provide four, three cubic yard front loading type refuse bin(s) for the containment of refuse or recy¢lables, for each building. Facilities required to provide recycling areas shall provide locations of sufficient size as defined in Bakersfield Municipal Code, Chapter 8.32. Facilities required to provide grease containment shall provide a storage location separate from refuse or recycling bin locations pursuant to City Standard S-43. 10. Facilities requiring infectious or medical waste services shall obtain approval for separate infectious or medical waste storage areas from the Kern County Environmental Health Services Department. In no instances shall the refuse or recycling bin area be considered for infectious waste containment purposes. Fire Department: 1. In order to provide adequate fire protection during construction, the applicant shall install three fire hydrant(s) as shown on the attached plans or provide alternative fire suppression as approved by the Fire Department prior commercial construction. The applicant shall contact the Fire Safety Control Division, 1715 Chester Avenue, Suite 300 (Fire Prevention Bureau) for fire and safety requirements and provide one (1) set of building plans showing the required plan corrections to Fire Safety Control (Fire Marshal, (805) 326-3951) prior to occupancy of any building the final site plan being approved. All streets and access roads to and around any building under construction must be at least 20 feet of unobstructed width and graded to prevent ponding at all times. Barricades must be placed where ditches and barriers exist in roadways. Emergency vehicle access must be reliable at all times. Based upon available information, the fire flow requirement may be 3,500 gallons per minute. All persons required to furnish fire hydrants are hereby required to purchase the required fire hydrants from the City of Bakersfield. The applicant shall provide the Fire Department with one set of approved water plans prior to commencement of construction. Areas adjacent to all Fire Department connections shall be identified by yellow stripes pursuant to Bakersfield Municipal Code Section 15.64.140 (d). MJM:pjt September 11, 1997 p:g0859-spr (OZ o'~m C-2 CiTY OF I3AK~RSFIELD ZONING MAP 102-£3 SEC 23 *~ 29s Fi 27£ MJ RE CITY OF BAKI~RSFI£LD ZONING MAP 102-24 ZONE £]qlNGE P96-~3859 From ~[-1 & C-2-D to P.C.D. EXHIBIT "C- 1" ZONE CHANGE LEGAL ~SCR[PTION P.C.D. PARCEL: PARCEL B OF LOT LINE ADJUSTMENT NO. 301. AS SHOWN ON THAT CERTIFICATE OF COMPUANCE RECORDED AUGUST 6. 1990 IN BOOK 6415. PAGE 1115 OF OFFICIAL RECORDS AND BB!,NG A PORTION OF THE SOUTHEAST QUARTER OF SECTION 23 AND A PORTION OF THE SOUTHM/EST QUARTER OF SECTION 24. BOTH SECTIONS BEING LOCATED IN TOWNSHIP 29 SOUTH, RANGE 27 EAST. MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF BAKERSFIELD. COUNTY OF KERN. STATE OF CAUFORNIA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1" IRON PIPE TAGGED L.S. 2982. SAID POINT BEING THE SOUTHEAST CORNER OF P4RCEL 2 OF PARCEL MAP 7305 RECORDED IN BOOK 31 OF MAPS ON PAGE 139 AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION: (1) THENCE DEPARTING SAID POINT, NORTH 00°27'01" EAST. 331.30 FEET ALONG THE EAST LINE OF SAID PARCEL 2 TO A POINT ON A 2" IRON PiPE TAGGED L.S. 4761. SAID POINT BEING THE NORTHEAST CORNER OF SAID PARCEL 2: (2) THENCE DEPARTING SAID POINT. NORTH 20" 39'20" ~=&ST. 436.93 FEET TO A POINT ON A 2" IRON PIPE TAGGED L.S. 4761. SAID POINT BEING THE NORTHEAST CORNER OF PARCEL 3 OF SAID PARCEL MAP NO. 7305: (3) THENCE DEPARTING SAID POINT SOU?H 59°11 '53" EAST , 170.52 FEET ALONG THE SOUTH lINE OF PARCEL MAP NO. 7248 RECORDED IN BOOK 30 OF MAPS ON PAGE 163 TO THE SOUTHEAST CORNER OF SAID PARCEL MAP: (4) THENCE NORTH 00°32'26"EAST , 235.35 F~l ALONG THE EAST LINE OF SAID PARCEL MAP TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SIII ECT AVENUE AS DEDICATED TO THE CITY OF BAKERSFIELD IN BOOK 5083, PAGE 320 OFFICIAL RECORDS. SAID POINT BEING ON A NON-TANGENT CURVE CONCAVE NORTHWEST. WITH A RADIUS OF 844.85 F:~l AND HAVING A RADIAL SEARING OF NORTH 02"28'41" WEST: (5) THENCE ALONG SAID CURVE AND SAID RIGHT-OF-WAY, NORTHEASTERLY, THROUGH A CENTRAL ANGLE OF 26~07'19', HAVING AN ARC LENGTH OF 385.18 F~:t TO A POINT ON THE EAST LINE OF SAID SECTION 23; (8) THENCE CONTINUING ALONG SAID CURVE AND RIGHT-OF-WAY INTO THE SOUTHWEST QUARTER OF SAID SECTION 24, THROUGH A CENTRAL ANGLE OF 32°03'30". HAVING AN ARC LENGTH OF 472.71 P::t; (6) THENCE DEPARTING NON-TANGENT TO SAID CURVE AND RIGHT-OF-WAY. SOUTH 60"39'38' EAST, 20~7 ~=t:~ TO THE FEE OWNERSHIP BOUNDARY LINE OF THE CROSS VALLEY CANAI~ (7) THENCE AI.QNG SAID CANAL BOUNDARY LINE FOR THE NEXT 5 COURSES. SOUTH 29'20'22' WEST,697.56r~"i TOA POINT ON THE WEST LINE OF SAID SECTION 24; (8) THENCE CONTINUING INTO SAID SOUTHEAST QUARTER OF SECTION 23, SOUTH 29"20~.2' WEST, 31~5 ~r.=~; (9) THENCE SOUTH 40"09'25" WEST, 371.49 ~.t; (10) THENCE SOUTH 24°42'06' EAST, 158.64 (11) THENCE SOUTH ;33'14'05' EAST, 30.00 (12) THENCE DEPARTING FROM SAID CANAL BOUNDARY LINE SOUTH 00"48"J0' WEST, 38~2 TO A POINT ON A UNE PARA~ ~ m WITH AND ~0.00 ~r.t:t NORTH OF THE SOUTH UNE OF SAID SEC'T'~ON 2~: (lS) THENCE ALONG SAID LINE NORTH 8~"13'14' WEST, 249.44 ~-~.t=~ TO A 1' IRON PIPE TAGGED I..~. 29a2, SAID POINT BEING THE TRUE POINT OF BEGINNING. CONTNNING 10.107 ACRES 2ONE OiLlieGE P96-0859 ?rom C-2-D tc P.C.D. EXHIBIT "C-2" ZONE CHANGE LEGAL DESCRIPTION C-2-D PARCEL: BEING A PORTION OF PARCEL B OF LOT LiNE ADJUSTMENT NO. 301. AS SHOWN ON THAT CERTIFICATE OF COMPLIANCE RECORDED AUGUST 6. 1990 IN BOOK 6415, PAGE ~, 118 OF OFFICIAL RECORDS AND BEING A PORTION OF THE SOUTHFAST QUARTER OF SECTION 2-~ AND A PORTION OF THE SOUTH\NEST QUARTER OF SECTION 24. BOTH SECTIONS BEING LOCATED IN TOWNSHIP 29 SOUTH. RANGE 27 FAST, MOUNT DIABLO BASE AND MERIDIAN. IN THE CITY OF BAKERSFIELD, COUNTY OF KERN. STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF PARCEL MAP NO. 7248 RECORDED iN BOOK 30 OF MAPS ON PAGE 163. SAiD POINT BEING THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION: ~11 THENCE DEPARTING SAID SOUTHEAST CORNER SOUTH 89"11 '53" FAST. 350.58 FEET TO THE FEE OWNERSHIP BOUNDARY LINE OF THE CROSS VALLEY CANAL: ~2) THENCE ALONG SAID CANAL BOUNDARY LINE THROUGH THE NEXT 5 COURSES. SOUTH 2~'~0'22,' WE~T. 282.51: (3) THBNCE SOUTH 40°09'25" WEST. 371.49 FEET; (4) THENCE SOUTH 24°42'06" EAST, 158.64 FEET; (5) THENCE SOUTH 33°14'05' FAST, 30.00 (5) THENCE DEPARTING FROM SAID CANAL BOUNDARY UNE SOUTH 00°48'30" WEST, 36.82 FE~-t TO A POINT ON A LINE PAPAl I FL WITH AND 30.00 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 23: (7) THENCE ALONG SAID LINE NORTH 89'13'14' WF. ST, 249.44 ~-~_.~ TO A 1" IRON PIPE TAGGED I_$. 2982. SAID POINT BEING THE SOUTHEAST CORNER OF PARCEL 2 OF PARCEL MAP 7305 RECORDED iN BOOK 31 OF MAPS ON PAGE 139: (8) THENCE DEPARTING SAID POINT, NORTH 00~ 27' 01" EAST, 331.30 FEET ALONG THE EAST UNE OF SAID PARCEL 2 TO A POINT ON A 2' IRON PIPE TAGGED LS. 4761. SAID POINT BEING THE NORTHEAST CORNER OF SAID PARCEL (9) THENCE DEPARTING SAID POINT, NORTH 20° 39'20' FAST. 438.93 FEET TO A POINT ON A 2' IRON PIPE TAGGED LS. 4761, SAID POINT BEING THE NORTHFAST CORNER OF PARCEL 3 OF SAiD PARCEl. MAP NO. 7305: (10) THENCE DEPARTING SAID POINT, SOUT~I 89~11'$3'EAST , 170.52 ~1 ALONG THE SOUTH LINE OF SAID PARCEL MAP NO. 7248 TO THE SOUTHEAST CORNER OF SAID PARCEL MAP. SAID POINT BEING THE TRUEPOINT OF BEGINNING. CONTAINING 6.710 ACRES ZONE CHANGE P96-0859 From M-t to P.C.D. EXHIBIT "C-3" Z[.J I~1: CHANGE LEGAL DESCRIPTIONS M-1 PARCEl: BE/NG A PORTION OF PARCEL B OF LOT LINE ADJUSTMENT NO. 301, AS SHOWN ON THAT CERTIFICATE OF COMPUANCE RECORDED AUGUST 6. 1990 IN ROOK 6415. PAGE 1118 OF OFFICIAL RECORDS AND BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 23 AND A PORTION OF THE SOUTHWEST QUARTER OF SECTION 24, BOTH SECTIONS BEING LOCATED IN TOWNSHIP 29 SOUTH. RANGE 27 EAST. MOUNT DIABLO BASE AND MERIDIAN. IN THE CITY OF BAKERSFIELD, COUNTY OF KERN. STATE OF CALIFORNIA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF PARCEL MAP NO. 7248 RECORDED IN BOOK 30 OF MAPS ON PAGE 163 SAID POINT BEING THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION: (11 THENCE DEPARTING SAID SOUTHEAST CORNER NORTH 00°32'26- WEST. 233.35 Ft~P_.l ALONG THE EAST LINE OF SAID PARCEL MAP TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SILLECT AVENUE AS DEDICATED TO THE CITY OF BAKERSFIELD IN BOOK 5083. PAGE 320 OFFICIAL RECORDS. SAID POINT BEING ON A NON-TANGENT CURVE CONCAVE NORTHWEST. WITH A RADIUS OF 844.85 FEET AND HAVING A RADIAL BEARING OF NORTH 02°28'41 · WEST; (2) THENCE ALONG SAID CURVE AND SAID RIGHT-OF-WAY. NORTHEASTERLY. THROUGH A CENTRAL ANGLE OF 26~07'19", HAVING AN ARC LENGTH OF385. [8 FEET TO A POINT ON THE EAST LiNE OF SAID SECTION 23; 13t THENCE CONTINUING ALONG SAID CURVE AND RIGHT-OF.WAY INTO THE SOUTHWEST QUARTER OF SAID SECTION 24, THROUGH A CENTRAL ANGLE OF 32°03'30', HAVING AN ARC LENGTH OF 472.71 ~-~; (41 THENCE DEPARTING NON-TANGENT TO SAID CURVE AND RIGHT-OF-WAY, SOUTH 60~9'38' EAST. 20.97 P~.i TO THE P~:l= OWNERSHIP BOUNDARY LINE OF THE CROSS VALLEY CANAL; (53 THENCE ALONG SAID CANAL BOUNDARY LINF_ SOUTH 29"20'22' WEST697.56 ~.~t TO A POINT ON THE WEST [JNE OF SAIO SEC33ON 24; (5i THENCE CONTINUING INTO SAID SOUTHEAST QUARTER OF SECTION 23. SOUTH 29"20~2' WEST5 7 ~ 31 ~=t; 17~ THENCE DEPARTING FROM SAID CANAL BOUNDARY UNE NORTH 89"11 '53' WEST, 350.58 ~.~ TO THE SOUTHEAST CORNER OF SAID PARCEL MAP NO. 7248. SAID POINT BEING THE TRUE POINT OF BEGINNING. CONTAINING 3.396 ACRES EXHIBIT "D" MITIGATION MONITORING PLAN M/t/latium Measure 4..1-1 The developer shall cmnply wilh Ihe regulations of Ihe San Juaquin Approved Valky Unified APCD teen[ding thc conrail or particulate emissions and ~gilivc dust d.ring by: grading a~ conslr~l~n aciivilicS, PMIO rules include: proper mamlenancc of conslrnclion equip~nt, du~ conlml measures, use of soil bimlcrs, silo watering, landscaping, Iruck covcls, on. cie., which have Io be implemented umi{ all consl~nclion activities a,c completed (AQAP Policy 29) Mi~a Mta~ere 4. S-2 All consl~UCliou vehicles m equipmenl fined or mobile ope~alcd sial{ {)c Approved equ~d wilh pm~dy uperaling and mainlaincd uuffllers, by: Oil Miltgatioa Measure $.4-2 Thc inlcrsection etr Pierce Rnad/Sillccl AVellU¢ shall bc restripcd [rom Approved the ~lbOUlM a~mach lo have one left lane and ().c lefi/Ihru/right lane, wilh Ihc castbotmd by: approach testtiped lo one Icfi lauc and o.c tlun/right lane on M~a Me~e~ 4.3-2 An informat~n kiosk or display shall ~ prov~cd on-site indicalion bus App[ovcd sch~s and d~l-a-ridc phone numbers. The pla.s for same shall bc part of an application for by: approval of a comprcheusive sign plan. _ - Mitigation Measure 4.$-! Cons ruc ~on shall he lan cd o I e I ours of 7:00 am. to 7:00 pm.. Approved Monday through Salurday. and shall be prohibiled on Sundays and Federal ilnlidays iii et Jet Io by: minimize disruption lo cxisling residential ncighhodso.ds. ~ on M~. Memere 4.4-~ Thc intersection of I'iclcc Road/Sil~cl Avenue shall be reslripcd frmn Approved hy: Ihe ~u~ I~ma~ I. have mtc Icfl lane and one lefl/Ihrnlrigln lane, with Ibc easlhou.d a~ch ggri~ Io one left lane a.d one Ihru/righl lane. m~