HomeMy WebLinkAboutORD NO 4219ORDINANCE NO.
4219
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
104-04 BY CHANGING THE ZONING FROM C-OHD
(PROFESSIONAL AND ADMINISTRATIVE OFFICE-HILLSIDE
DEVELOPMENT), C-O (PROFESSIONAL AND
ADMINISTRATIVE OFFICE) AND C-2 (REGIONAL
COMMERCIAL) TO AN R-1 (ONE FAMILY DWELLING), R-2
(LIMITED MULTIPLE FAMILY DWELLING), AND OS (OPEN
SPACE) ZONES ON APPROXIMATELY 108 ACRES LOCATED
GENERALLY SOUTH OF ALFRED HARRELL HIGHWAY,
EAST AND WEST OF LAKE MING ROAD/MASTERSON
STREET. (ZC 04-0436) 0Nard 3).
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 headng on a
petition by Ray Lechuga, The Keith Companies for REDDY MALLADI & MALLADI P. to change the
land use zoning of those certain property in the City of Bakersfield located along the south side of
Alfred Harrell Highway, east and west of Lake Ming Road/Masterson Street; and
WHEREAS, by Resolution No. 119-04 on September 16, 2004, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to
approve R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), OS (Open Space) zones
as delineated on attached map marked Exhibit "B", 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 a negative declaration of environmental impact and
changes in zoning of the subject property to an R-1 (One Family Dwelling), R-2 (Limited Multiple
Family Dwelling) and OS (Open Space) zones and the Council has considered said findings and all
appear to be true and correct; and
WHEREAS, there has been an appeal to the decision of the Planning Commission; and
WHEREAS, the law and regulations relating to the preparation and adoption of Negative
Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures,
have been duly followed by city staff, the Planning Commission and this Council; and
WHEREAS, a Negative Declaration for the proposal was advertised and posted on August
13, 2004, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows commercial development; 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.
All required notices have been given.
1
The provisions of the Califomia Environmental Quality Act (CEQA) have been
followed.
Based on the initial study and comments received, staff has determined that the
proposed project could not have a significant effect on the environment. A Negative
Declaration was prepared and sent to responsible agencies and property owners
within 300 feet of the project site. A Negative Declaration was prepared for this
project in accordance with CEQA.
The public necessity, general welfare and good zoning practice justify the
recommended change of zone to R-1 (One Family Dwelling) zone on approximately
49 acres located along the south side of Panama Lane, generally east of South
Union Avenue.
The project site, with pdor approval of General Plan Amendment No. 04-0436, is
designated SR (Suburban Residential) on the Metropolitan Bakersfield General Plan
Land Use Plan.
The recommended zone change will reflect the previously adopted General Plan
Amendment No. 04-0436.
8. The recommended zone change is compatible with the surrounding uses.
That the appeal for the Environmental Issues has been addressed to the fullest
extent possible.
10.
The recommended zone change is consistent with the Metropolitan Bakersfield
General Plan, subject to pdor approval of General Plan Amendment No. 04-0436.
11.
That the applicant by prior agreement agreed to comply with all adopted mitigation
measures contained within the Negative Declaration for this project.
12.
That Zone Change No. 04-0436 is hereby approved as recommended by staff with
mitigation measures adopted in the Negative Declaration.
13.
That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be amended by changing the land use zoning to R-1 (One Family
Dwelling) zone on approximately 49 acres on Map No. 124-34, of that certain
property in the City of Bakersfield.
14.
That Zone Change No. 04-0436, as outlined above, is hereby recommended for
approval with mitigation and conditions of approval shown on Exhibit "A", subject to
prior approval of General Plan Amendment No. 04-0436.
SECTION t.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows:
1. All of the foregoing recitals ara hereby found to be true and correct.
2
~'R,G~NAL
The Negative Declaration is hereby approved and adopted.
The City Council hereby upholds the decision of the Planning Commission and
denies the appeal.
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 the City, the boundaries of which property is shown on the map marked
Exhibit "B" attached hereto and made a part hereof.
Such zone change is hereby made subject to the conditions of approval listed in
attached Exhibit "A", and subject to pdor approval of General Plan Amendment No.
04-0436.
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.
3
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 N~V It ~1 2004 , by the
following vote:
COUNCILMEMBER COUCH, CARSON, BENHAM, MACGARD, HARSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER
ABSTAIN:COUNCILMEMBER
ABSENT:COUNCILMEMBER
PAMELA A. McCARTHY, CM~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED NOV 0 3 2004
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attomey
Attachments: Exhibit A - Conditions of Approval
Exhibit B - Map
Exhibit C - Legal Description
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OBiGINAL
EXHIBIT A
Conditions of Approval
General Plan AmendmentJZone Change No. 04-0436
AIR QUALITY MEASURES
The developer/contractor of the GPA site shall submit, at the time of building permit, a letter
agreeing to the following air quality mitigation measures:
A) Mitigation measures for fugitive dust emissions:
a. The developer shall water exposed surfaces (soil) three-times/day.
b. The developer shall water all haul roads (unpaved) three-times/day.
The developer shall ensure that all vehicles (as defined under Rule 8011 ) do not
exceed a speed of 15 miles per hour on unpaved roads.
The developer shall stabilize all disturbed areas, including storage piles, which
are not being actively utilized for construction purposes using water, chemical
stabilizers or by covering with a tarp, other suitable cover or vegetative ground
cover.
The developer shall control fugitive dust emissions dudng land clearing,
grubbing, scraping, excavation, leveling, grading, or cut and fill operations with
application of water or by presoaking.
When transporting materials off-site, the developer shall maintain a freeboard
limit of at least 6 inches and cover or effectively wet to limit visible dust
emissions.
The developer shall limit and remove the accumulation of mud and/or dirt from
adjacent public roadways at the end of each workday. (Use of dry rotary brushes
shall be prohibited except when preceded or accompanied by sufficient wetting
to limit visible dust emissions. The use of blowers is expressly prohibited.)
The developer shall stabilize the surface of storage piles following the addition or
removal of materials using water or chemical stabilizer/suppressants.
The developer shall remove trackout when it extends 50 or more feet from the
site at the end of each workday.
The developer shall cease grading activities during periods of high winds
(greater than 20 mph over a one-hour pedod).
For all asphalt-concrete paving, the developer shall comply with SJVAPCD Rule
4641 and restdct the use of cutback, slow-cure and emulsified asphalt paving
materials.
07iGINAL
Exhibit A
Conditions of Approval
GPNZC 04-0436
Page 2
B) Mitigation measures proposed for construction equipment exhaust:
The developer shall propedy and routinely maintain all construction equipment,
as recommended by manufacturer manuals, to control exhaust emissions.
The developer shall shut down equipment when not in use for extended pedods
of time to reduce emissions associated with idling engines.
The developer shall use electdc equipment for construction whenever possible in
lieu of diesel or gasoline powered equipment.
The developer shall curtail the use of high-emitting construction equipment
during periods of high or excessive ambient pollutant concentrations such as
"Spare-the-Air" days as declared by the SJVAPCD.
C) Mitigation measures proposed to reduce vehicular miles traveled:
The developer shall construct a 60-space Park and Ride Lot, within the area
designated as Commercial. The Park and Ride Lot shall be constructed with the
first development in the Commercial area.
b. The developer shall provide Golden Empire Transit (GET) route signage when
transit routes incorporate the development.
(Mitigation Measure)
ARCHAEOLOGICAL
No archaeological resources were identified on the project site, however, should archaeological
resources be encountered dudng the course of construction, a qualified archaeologist shall be
consulted for further evaluation and any measures shall be complied with at that time.
(Mitigation Measure).
Prior to land disturbance, the developer of the GPA site shall conduct Kit Fox clearance surveys
to determine if active Kit Fox dens are present. Provisions of the Metropolitan Bakersfield
Habitat Conservation Plan shall be followed with respect to dens if found. Additionally, the site
shall be surveyed for Blunt-Nosed Leopard Lizards and if found a mitigation program satisfactory
to the California Department of Fish and Game shall be implemented. (Mitigation Measure).
The developer shall pay the Regional Transportation Impact Fee in accordance with the City
Public Works Department. (Mitigation Measure).
ORIGINAL
Exhibit A
Conditions of Approval
GPA/ZC 04-0436
Page 3
If human remains are discovered or identified on the project site at any time or during site
disturbance, work shall stop at the location of the find and the Kern County Coroner shall be
notified immediately (Section 7050.5 of the California Health and Safety Code and Section
5097.98 of the California Public Resources Code, which detail the appropriate actions
necessary for addressing the find) and the local Native Amedcan community shall be notified
immediately. (Mitigation Measure).
Prior to approval of any development plan, tentative subdivision map, or application for a lot line
adjustment, the following shall occur:
Provide fully executed dedication for Lake Ming Road and Masterson Street to Artedal
Standards for the full frontages of the area within the GPA request. Dedications shall
include sufficient widths for expanded intersections and additional areas for landscaping
as directed by the City Engineer. Submit a current title report with the dedication
documents.
Submit a comprehensive drainage study to be reviewed and approved by the City
Engineer. The study shall be approved and any required retention site and necessary
easements dedicated to the City.
c. Submit verification to the City Engineer of the existing sewer system's capability to
accept the additional flows to be generated through development under the new land
use and zoning.
(Public Works Condition).
Access to the Lake Ming Road and Masterson Street will be limited and determined at time of
division or development. Determination of whether a right turn lane is required at the access
street(s) will also be made at the time of division or development. A full access opening will only
be considered if the developer funds and installs a traffic signal at the site entrance. Said signal
will only be permitted if a signal synchronization study is submitted and approved, which shows
progression is not adversely affected. (Public Works Condition).
The ownership of the land does not include any rights of ingress or egress to or from Alfred
Harrell Highway, with those rights having been purchased with the dght of way. All access to the
site shall be from Lake Ming Road. (Public Works Condition).
Emergency access from the site will not be allowed to Alfred Harrell Highway. (Public Works
Condition).
This area is part of the Specific Parks and Trails Plan for Northeast Bakersfield and shall meet
the requirements of the plan. With the first subdivision east of Masterson Street, a plan for
implementation of the trail system east of Masterson Street shall be provided. With the first
subdivision west of Masterson Street, a plan for implementation of the trail system and staging
area west of Masterson Street shall be provided. (Public Works Condition).
ORIGINAL
Exhibit A
Conditions of Approval
GPAJZC 04-0436
Page 4
11.
12.
13.
14.
15.
The entire area covered by this General Plan Amendment shall be included in the Consolidated
Maintenance District. The applicant shall pay ail fees for inclusion in the Consolidate
Maintenance Distdct with submittal of any development plan, tentative subdivision map, Site
Plan Review, or application for a lot line adjustment for any portion of this GPA area. (Public
Works Condition).
A traffic analysis dated July 16, 2004 was prepared by Katz, Okitsu & Associates showing a
reduction in tdp generation (1,968 PM peak tdps) was found to be acceptable. The higher
allowable density is accounted for in the Transportation impact fee program, which provides full
mitigation. Therefore, since this change would constitute a reduction in tdp generation the
mitigation provided for in the fee program will provide adequate mitigation. Consequently no
traffic impact study would be necessary. We recommend that the development be required to
pay into the adopted Regional traffic Impact Fee fixed rate program. (Public Works Condition).
The Park & Ride Lot shall have 60-spaces and meet the requirements of a commercial zoned
parking lot which includes but is not limited to the minimum landscaped setbacks and trees
within the parking areas. (Planning Condition).
The Park & Ride Lot shall be constructed dudng the first commercial development on the GPA
area. Site plans for the first commercial development shall depict the design and location of the
Park & Ride Lot. The 60-space Park & Ride spaces shall be in addition to the parking spaces
required to meet ordinance standards for the proposed land uses. (Planning Condition).
At the next tractJphase of development that represents 75% build-out of the GPA/ZC site the
developer shall construct the "gap" street improvements on the south and west side of Alfred
Harrell Highway between this GPA/ZC project area and Tentative Tract No. 6347. The
improvements shall be secured with an improvement agreement with the City Public Works
Department. A portion of these improvements is eligible for transportation impact fee credit.
(Condition).
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S:~GPA 3rd 2004~4-0436~dmin SR~Condi Exh A .doc
EXHIBIT B
Map
~o
ORiGiNAL
EXHIBIT 'C'
ZONE CHANGE 04-0436
LEGAL DESCRIPTION
PARK LOT
"From C-O to OS-S Zone"
THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF SECTION 4, TOWNSHIP 29
SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN, I~q THE CITY OF BAKERSFIELD,
COUNTY OF KERN, STATE OF CALIFORNIA, ACCOP,.DING TO THE OFFICIAL PLAT
THEREOF, LYING SOUTHERLY OF THE SOUTHERLY LINE OF PARCEL 6, AS DESGRIBED IN
FINAL JUDGMENT OF EMINENT DOMAIN RECORDED JUNE 27. 1965, IN BOOK 4174, PAGE
10, OF OFFICIAL FLECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SECTION 4. A~ SHOWN ON PARCEL MAP NO.
6100 RECORDED IN BOOK 28 OF PARCEL MAPS AT PAGE 3 IN THE OFFICE OF THIS CX)uIwrY
RECORDER; THENCE SOUTH 89'18'06" EAST ALONG THE SOUTH LINE OF SAID SECTION,
1098.21 FEET; THENCE LEAVING SAID LINE; NORTH 70026'25'' EAST ,$7.01 FE~T TO THE
TRUE POINT OF BEGINNING
1~: NORTH 01~24'56'' WEST 214.19 FEET; THENCE
2s°: NORTH 70°26'25" EAST 400.83 FEET; THENCE
3~1:~: SOUTH 19°33'35'' EAST 200.00 FEET: THENCE
4'rH2 SOUT~ 70026'25" WEST 477.50 FEET TO THE TRUE POINT OF BEGINNING
CONTAINING MORE OR LESS 2.02 ACRES.
Page 1 of 10
ORiO!NAI.
EXIE[BIT 'C'
ZONE CHANGE 04-0436
LEGAL DBSCRIPTION
PARC'BL 1-1
'~From C-O-HD to R-l-I-ID Zone"
THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF SECTION 4, TOWNSHIP 29
SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN, IN 2'/ere CITY OF BAKERSFIELD,
COUNTY OF KERN, STATE OF CAJ_2FORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF, LYING SOUTHERLY OF THE SOUTHERLY LINE OF PARCEL 6, AS DESCRIBED IN
FINAL JUDGMENT OF EMINENT DOMAIN RECORDED JUNE 27, ! 968, IN BOOK 4174, PAGE
10, OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEG[NNnqG AT THE SOUTHWEST CORNER OF SECTION 4, AS SHOWN ON PARCEL MAP NO.
6100 RECORDED IN BOOK 28 OF PARCEL MAPS AT PAGE 3 IN THE OFFICE OF ~ COUNTY
RECORDER; THENCE
Is'r: NORTH 00°38'53" WEST 1100_93 FEET; THENCE
2N°: SOUTH 86009'49" EAST 501 _54 FEET; THENCE
3~m: SOUTH 00°38'53" EAST 1073.46 FEET
4v~: NORTH 89°18'06" WEST ALONG THE SOUTH LINE OF SAID SECTION, 500.14 FEET TO
THE PO1NT OF BEGINNING.
CONTAINING MORE OR LESS 12.48 ACRES.
Page 2 of 10
OR!GINAL
LEGAL DESCRIPTION
PARCEL 1-2
"From C-O to R-I Zone"
THAT PORTION OF TRE SOUT~ HALF OF THE SOUTH HALF OF SECTION 4, TOWNSHIP 29
SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDLAN, IN THE CITY OF BAKERSFiELD,
COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF, LYING SOUTHERLY OF THE SOUTHERLY LiN~ OF PARCEL 6, AS DESCRIBED IN
FINAL JUDGMENT OF EMINENT DOMAIN RECORDED .BI'NE 27, 1968, IN BOOK 4174, PAGE
I0, OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT ~ SOUTI-IWEST CORNER OF SECTION 4, AS SHOWN ON PARCEL MAP NO.
6100 RECORDED 1N BOOK 28 OF PARCEL MAPS AT PAGE 3 IN THE OFFICE OF THE COLrNTY
RECORDER; THISNCE SOUTH 89°18'06" EAST ALONG TI-~ SOUTH LINE OF SAID SECTION,
500.14 FEET; THENCE LEAVING SAID LINE TO THE TRUE POINT OF BEGIZ~NING
Is'r: NORTH 00°38'53'' WEST 1073.46 FEET;
280: SOU'I3-I $6009'49" EAST 652.28 FEET; T/-I-ENCE
SOUTH 00%8'06" EAST 807.22 FEET: TEEENCE
4TM: SOUTH 01°24'56" WEST 214.19 FEET; THENCE
5v": SOUTH 70026'25'' WEST 47.01 FEET; THENCE
6~'": NORTH 89018'06'' WEST 598.07 FEET TO TFIE TRUE POINT OF BEGINNING,
CONTAINING MORE OR LESS 15.73 ACRES.
Page 3 of 10
ORiGiNAL
EXHIBIT 'C'
ZONE CHANG~ 04-0436
LEGAL DESCRIPTION
PARCEL 1-3
"Fwm C-O to R- 1
THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF SECTION 4, TOWNSHIP 29
SOUTH, RANOE 29 EAST, MOUNT DIABLO MEP,/DIAN, IN THE CITY OF BAKERSFIELD,
COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF, LYING SOUTHERLY OP ~ SOUTHERLY LINE OF PARCEL 6, AS DESCRIBED IN
FINAL JUDGMENT OF ENflNENT DOMAIN RECORDED JUNE 27, ~ 968, IN BOOK 4174, PAGE
! 0, OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT Tiff/SOUTHWEST COP, I~R OF SECTION 4, AS SHOWN ON PARCEL MAP NO.
(~100 RECORDED IN BOOK 28 OF PARCEL MAPS AT PAGE 3 IN THE OFF1CE OF THE COUNTY
RECORDER; THENCE SOUTH 89°18'06" EAST ALONG TH~ SOUTH LINE OF SAID SECTION,
1098.21 FEET; THENCE LEAVING SA/D LIN'E; NORTH ?0026'25" EAST 47.01 FEET; THENCE
NORTH 01 °24'56'' WEST 214.19 FEET TO THE TRUE POINT OF BEGINNING
In: NORTH 00~8'06" WEST 807.22 FEET; THENCE
2Nv: SOUTH 86°09'49'' EAST 469.1 $ FEET; THENCE
3~u~: SOUTH 00°38'53" EAST 591,02 FEET: THENCE
4'm: SOUTH 19°33'35' EAST 218.18 FEET: THENCE
5T~: SOUTH 70°26'25" WEST 100.00 FEET; THENCE
6'm: NORTH 19°33'35" WEST 200.00 FEET; THENCE
7'm: SOUTH 70026'25'' WEST 400.83 FEET TO THE TRUE POINT OF BEGINNING
CONTAINING MOR]~ OR LESS 8.07 ACRES.
Page 4 of 10
ORiGiNAL
F. XHIBIT
ZONE CHANGE 0~-0436
LEGAL DESCRIPTION
PARCEL 2
'~rorn G-O to C-O Zone"
THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF SECTION 4, TOWNSHIP 29
SOUTH, RANGE 29 EAST, MOLrNT DIABLO MERIDIAN, IN THE CITY OF BAKI~RSFIELD,
cOUNTY OF KERN, STATE OF CALIFOR311A, ACCORDING TO TYIE OFFICIAL PLAT
THEREOF, LYING SOUTHERLY OF THE SOUTHERLY LINE OF PARCEL 6, AS DESCRIBED IN
FINAL IuDGMENT OF EMINENT DOMAIN RI~CORDED JUNE 27, 1968, IN BOOK 4174, PAGE
10, OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SECTION 4, AS SHOWN ON PARCEL MAP NO.
6100 RECORDED IN BOOK 28 OF PARCEL MAPS AT PAGE 3 IN THE OFFICE OF THE cOUNTY
RECORDER; THENCE SOUTH 89°18'06~ EAST ALONG ~ SOUTH LINE OF SAID SECTION,
1098.21 FEINT; THENCE LEAVING SAID LINE; NORTH 70~26'25" EAST 624.51 FEET TO THE
TRUE POINT OF BEGINNING
NORTH 19°33'35' WEST 218.18 FEET; TI{ENCE
2s°: NORTH 00°38'53" WEST 591.02 FEET; TIIENCE
3~'n: SOUTH 86°09'49'' EAST 443.6~, FEET; TPLENCE
SOUTH 03°50'11" W~ST 300.00 FEET; THENCE
$~'~: SOUTH 86009'49" EAST 413.77 FEET TO THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE NORTH WESTERLY AND HAVING A RADIUS OF 945.00 FEET; THENCE
6TM SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33°59'35" A
DISTANCE OF 560.66 FEET; THENCE
7T~: SOUTH 70°26~25" WEST 331.00 FEET TO TI-IE TRUE POINT OF BEGINNING.
CONTAINING MORE OR LESS 8.86 ACRES.
Page 5 of 10
o
ORiG'rNAL
EXHIBIT 'C'
ZONE CHANGE 04--0436
LEGAL DESCRIPTION
PARCEL 3
"From C-2 to C-2 Zone"
THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF SECTION 4, TOWNSHIP 29
SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF BAKERSFIELD,
COUNTY OF KERN, STATE OF CALIFORNIA, ACCOP. DING TO THE OFFICIAL PLAT
THEREOF, LYING SOUTHERLY OF THE SOUTHERLY LINE OF PARCEL 6, AS DESCRIBED IN
FINAL JUDGMENT OF EMINENT DOMAIN P~ECORDED/UNE 27, 1968, iN BOOK 4174, PAGE
10, OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SECTION 4, AS SHOWN ON PARCEL MAP NO.
6100 RECORDED IN BOOK 28 OF PARCEL MAPS AT PAGE 3 IN THE OFHCE OF THE COUNTY
RECORDER.; THIgNCE SOUTH 89°18'06'' EA.~T AJ.,ONG TH~ SOUTH LINE OF SAID SECTION,
1415.9 FEET; THENCE SOUTH 89018'07" EAST 2134.94 FEET; THENCE NORTH 06027'02'' 'WEST
637.82 FEET TO THE TRUE POINT OF BEGINNING
laX: NORTH 83°32'58" WEST 34.1 ? FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE NORTHERLY AND HAVING A RADIUS OF 1500.00 FEET; THENCE
2s°: NORTH WESTEP~LY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°16'43" A
DISTANCE OF 269.09 FEET; THENCE
3~a~: SOUTH 86°10'19" EAST 620.13 FEET TO THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE WESTERLY AND HAVING A RADIUS OF 1055.00 FEET; THENCE
4fa: NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6059'27'' A
DISTANCE OF 128.72 FEET; THENCE
5~: SOUTH 89°09'49'' EAST 257.88 FEET; THENCE
6~: NORTH 3°50'11" EAST 182.98 FEET; THENCE
7'm: SOUTH 88°I 1~4" EAST 553.67 FEET; THENCE
SOUTH 6'27'02'' EAST 306.59 FEET TO THE TRUE POINT OF BEGINNING
CONTAINING MORE OR LESS 5.0~ ACRES.
Page 6 of 10
OR', :NA~.
F:J~KBIT 'C'
ZON~ CHANGE 04-0436
LEGAL DESCRIPTION
PARCEL 4-1
"From C-2 ~o R-! Zone"
THAT PORTION OF TITE SOUTH I~ALF OF TI4~ SOUTH HALF OF SECTION 4, TOWNSHIP 29
SOUTVI, RANGE 29 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF BAKERSFIELD,
COUNTY OF KERN. STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF, LYING SOUTHERLY OF THE SOUTHERLY LINE OF PARCEL 6, AS DESCRIBED IN
FINAL JUDGMENT OF EMINENT DOMAIN RECORDED YD'NE 27, 1968, IN BOOK 4174, PAGE
10. OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEOI31NING AT THE SOWIX-IWEST CORNER OF SECTION 4, AS SHOWN ON PARCEL MAP NO.
6100 RECORDED IN BOOK 28 OF PARCEL MAPS AT PAGE 3 IN TI-~ OFFICE OF THE COUNTY
RECORDER~ THENCE SOUTH 89°18'06" EAST ALONG THE SOUTH LINE OF SAID SECTION
1415.9 FEET; SOUTH 89018'07" EAST 2134.94 FEET; TI-~NCE LEAVING SAID LINE TO THE
TRUE POINT OF BEGINNING
lSV: NORTH 06°27'02'' WEST 944.38 F~ET; THENCE
2s°: SOUTH 88°11'24" EAST 388.69 FEET; THENCE
3NO: SOUTH 03°50'06" WEST 45.25 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHERLY AND HAVI~G A !KAD]'US OF 1680.00 FEET; THENCE
4T~: NORTH EASTERLY ALONG SAI]D CURVE THROUGH A CENTRAL ANGLE OF 37°30'16' A
DISTANCE OF 1099.69 FEET; THENCE
5x~: NORTH 41°20~22" EAST 20,00 FEET TO ~ BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1700.00 FEET; TFIENCE
6fa: NORTH EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13~16'49~ A
DISTANCE OF 394.03 FEET; THENCE
NORTH 89°18'08" WEST 1549.13 FEET TO ~ TRU~ POINT OF BEGINNING
CONTAI1N'INO MORE OR LESS 26.58 ACKES.
Page 7 of 10
ORiG'~NAL
EXHIBIT 'C'
ZONE CHANG]~ 04-0436
LEGAL DESCRIPTION
PARCEL 4-2
"From C-2 to R-1 Zone"
THAT PORTION OF SECTION 9, TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.D.M., IN THE CITY
OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL PLAT THEREOF, IN THE OFFICE OF THE SURVEYOR GENERAL DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SECTION 4, AS SHOWN ON PARCEL MAP NO.
6100 RECORDED IN BOOK 28 OF PARCEL MAPS AT PAGE 3 IN THE OFFICE OF THE COUNTY
RECORDER; THENCE SOUTH 89° 18'06" EAST ALONG TH~ SOUTH LINE OF SAID SECTION,
! 415.9 FEET; THENCE SOUTH 89° 18'07" EAST 2.134.o~ FEET TO THE TRUE POINT OF
BEGINNING
] s~: SOUTH 89°18'08" EAST 1549.! 3 FEET; THENCE
2~: SOUTH 01°03'30" EAST 250.12 FEET; THENCE
3~: NORTH 89~18'07'' WEST 1525.44 FEET; THI~NCE
4T~: NORTH 06~27'02' WEST 251.95 FEET TO THE TRUE POINT OF BEGINNING
CONTAINING MORE OR LESS 8 82 ACRES.
Page 8 of 10
OF~G'NAL
EXHIBIT 'C'
ZONE (2HANGE 04-0436
LEGAL DESCRIPTION
PARCEL 5-1
"From C-2 to R-2 Zone ,,
THAT PORTION OF THE SOU'I~ HALF OF THE SOUTH HALF OF SECTION 4, TOWNSHIP 29
SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF BAKERSFIELD,
COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF, LYING SOUTHERLY OF THE SOUTHERLY LII~ OF PARCEL 6, AS OESCRIBED IN
FINAL FLIDGMEi'4'r OF EMINENT DOM2%I'N RECORDED JUNE 27, 1968, IN BOOK 4174. PAGE
I0, OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORN-ER OF SECTION 4, AS SHOWN ON PARCEL MAP NO.
6100 RECORDED IN BOOK 28 OF PARCEL MAPS AT PAGE 3 IN THE OFFICE OF THE COUNTY
RECORDER; THENCE SOUTH 89~ 18'06' EAST ALONG ~ SOUTH LINE OF SAID SECT[ON,
1415.9 FEET; TI-~NCE LEAVING SAID LINE TO THE TRUE POINT OF BEGINNING
lS*: NORTH 70°26'25" EAST 657.48 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE NORTH WESTERLY AND HAVING A RADIUS OF 1055.00 FEET; THENCE
2ND: NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37°24'13" A
DISTANCE OF 688.72 FEET; THENCE
3m: SOUTH 86°I0'i 9" EAST 620.13 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE NORTH NORTHERLY AND HAVING A R_A. DIUS OF 1500,00 FEET; THENCE
4'm: EASTERLY ALONG SAID CURVE TI-IROUGH A CENTIL~ ANGLE OF 10° 16'43" A
DISTANCE OF 269.09 FEET; THENCE
5m: NORTH 83°32'58'' EAST 34_17 FEET; THENCE
6m: SOUTH 06027'02'' EAST 637.82 FEET; THENCE
7'm: SOUTH 89°18'07" F~ST 2134.94 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING MORE OR LESS 20.28 ACILES.
Page 9 of 10
OR!G~NAL
EXH~IT
ZONE CHANGE 04-0436
LEGAL DESCK[PTION
PAR~L $-2
= From R-I-HD to R-2
T~T ~R~ON OF SECTION 9, ~S~P 29 SO.H, ~OE 29 EAST, M.D,M., ~ T~ CI~
OF BAKERSFIELD, CO~ OF ~, STATE OF CAL~O~IA, ACCO~O TO ~
OFFiC~L PLAT ~OF, ~ THE O~ICE OF T~ SURVEYOR GE~ DESC~BED AS
~LLOWS:
BEO~O AT T~ SO--WEST CO~R OF SECTION 4, AS SHO~ ON P~CEL ~P NO.
61~ RECO~ED ~ B~K 28 OF PARCEL ~S AT PAO~ 3 IN ~E OFFICE OF THE
~CO~E~ T~NCE SO~H ~9~18'0~" ~ST ~ONO ~E SOUTH L~ OF S~ SECTION,
1415.9 FEET; T~NC~ LEAV~G S~ L~ TO THE TRUB POI~ OF BEG~G
ls'r: SOUTH 89018'07" EAST 2134.94 FEET; THENCE
2~rv: SOUTH 06°27'02" EAST 251.95 FEET; THENCE
3at': NORTH g9Q18'07" EAST 2838.69 FEET TO TFIE BEG1NNINO OF A TANGENT CURVE
CONCAVI~ SOUTHERLY AND HAVING A RADIUS OF 945,00 FEET: THENCE
4z": NORTR EASTERLY ALONG SAID CURVE THROUGI-I A CENTRAL ANGLE OF 5°4749" A
DISTANCE OF 95.61 FEET: THENCE
NORTH 70°26'25" EAST 613.47 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING MORE OR LESS 14.33 ACRES.
Page 10 of 10
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 3rd day of November, 2004 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4219, passed by the
Bakersfield City Council at a meeting held on the 3rd day of November, 2004 and
entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 104-04 BY CHANGING THE ZONING FROM C-
OHD (PROFESSIONAL AND ADMINISTRATIVE OFFICE-
HILLSIDE DEVELOPMENT), C-0 (PROFESSIONAL AND
ADMINISTRATIVE OFFICE) AND C-2 (REGIONAL
COMMERCIAL) TO AN R-I (ONE FAMILY DWELLING),
R-2 (LIMITED MULTIPLE FAMILY DWELLING), AND OS
(OPEN SPACE) ZONES ON APPROXIMATELY 108
ACRES LOCATED GENERALLY SOUTH OF ALFRED
HARRELL HIGHWAY, EAST AND WEST OF LAKE MING
ROAD/MASTERSON STREET. (ZC 04-0436) (WARD 3).
Is/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
B ~ ~f'~. ~
· I~EPUT~ City Clerk
~R:,: NAL