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HomeMy WebLinkAboutORD NO 3975ORDBNANCE NO, 8 9 'Z 5 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NOS. 102-23 AND 102-24 BY CHANGING 'THE ZONING FROM A PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE TO A REVISED PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE TO ADD A HELlSTOP, AND T0 REVISE THE MEDICAL OFFICE BUILDING AND HOSPITAL WING OF THE BAKERSFIELD HEART HOSPITAL ON 10 ACRES GENERALLY LOCATED 3001 SILLECT AVENUE (FILE # P99-0911 ). 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 3001 Sillect Avenue; arid WHEREAS, the applicant proposes a revised PCD (Planned Commercial Development) zone site plan for the Bakersfield Heart Hospital campus by adding a hellstop, and revising the medical office building and hospita~ wing, as shown on attached Exhibit "B;" and WHEREAS, by Resolution No. 70-00 cn July 6, 2000, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change #P99-0911 as delineated on attached Zoning Map Nos. 102-23 and 102-24 marked Exhibit "C", and more specifically described on attached Exhibit "D" 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 generai and specific findings of fact which warranted a negative declaration of environmental impact and changes in zoning of the subject property from a PCD (Planned Commercial Development) to a revised PCD (Planned Commercial Development) zone 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 Negative Declarations, 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, for the above-described project, an initial study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration was prepared and posted! on April 11, 2000, in accordance with CEQA; and WHEREAS, the initial study and proposed Negative Declaration was submitted to the State Clearinghouse for 30-day agency review in accordance with CEQA; and WHEREAS, said review period commc;nced on April 10, 2000 and concluded on May 9, 2000 (SCH # 200041030); 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 an¢l the Planning Commission; ar~,.d WHEREAS, on September 10, 1997, the City Council certified the "Bakersfield Heart Hospital" Final EIR (SCH #1997021025) and approved related General Plan and Kern River Plan Element Amendment #P96-0859 to allow development of the hospital complex; and WHEREAS, the proposed project is currently being evaluated as a subsequent action related to the project evaluated in the Bakersfield Heart Hospital EIR, which meets the provisions of CEQA Guidelines Section 15152 (Pubtic Resources Code Section 21094) for tiering with the Bakersfield Heart Hospital EIR (Project # P96-0859), certified on September 10, 1997; and WHEREAS, the general plan designation of Public Facilities for this area allows medical and hospital development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given. 2. The provisions of CEQA have been fol:lowed. 3. Based on an initial study, the proposed Negative Declaration is adequate, Plan. The zone change is consistent with the Metropolitan Bakersfield 2010 General 5. The 10.10 acre project site to be zoned PCD (Planned Commercial Development) is subject to the site plan and conditions of approval for PCD Zone Change P99- 0911. 6. The proposed planned commercial development zone and preliminary development plan are consistent with the general plain and objectives of this ordinance. 7. The proposed planned commercial development will constitute a commercial environment of sustained desirability and stability, and it will compliment and harmonize with the character of the surrounding neighborhood and community. 8. The proposed planned commercial development justifies exception from the normal application of this code in that it integrates such elements as the location of structures, circulation 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. 9. The 10.10 acre project site to be zoned to a PCD (Planned Commercial Development) zone, subject to conditions of approval] as shown in attached Exhibit "A", is adequate in size and configuration to provide a commercial environment of sustained desirability and stability. 2 10. The project must be clranted a "de minimis: exemption with respect to the payment of Fish and Game Section 711 fees. 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. Additionally, the assumption of adverse effect is rebutted by the above-reeferenced absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. 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 Negative Declaration is hereby approved and adopted. 3. Such zone change including the following features is hereby made subject to the conditions of approval listed in attached Exhibit "A": d e A hellstop landing pad for medical emergency helicopters; A revised footprint of the 40,000 square foot 2-story hospital wing; A 3-story, 38,416 square foot medical office building with relocation of the building footprint; A total of 103 hospital beds consisting of 71 beds in the main hospital and 32 in the wing addition; Provide parking in compliance with the Zoning Code. 4. 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 Exhibit "C" attached herato and made a part hereof, and are more specifically described in attached Exhibit "D ". 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. ......... oOe ......... I HEREBY CERTIFY that the forego ng Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on AUG 3 0 2~09 , by the following vote: 3 AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, SULLIVAN, SAI,VAGGIOjGE~;PJ*J COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER AppROVEDAUG 3 0 Z8t~0 APPROVED AS TO FORM: BART J. THILTGEN City Attorney List of Exhibits: A: Conditions of approval B: Site Plan C: Zone Maps # 102-23 and 102-24 D: Legal Description S:~ZoneChange~z91 l\cc\OrdCC.wpd August 1, 2000 EXHIBIT "A" PCD ZC #P99-0911 BAKERSFIELD HEART HOSPITAL Mitiqation Measures 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 measure of the Bakersfield Heart HOspital FEIR. The project is subject to the Regional Transpodation Impact Fee Program. Fees are to be paid at the time of issuance of a building permit. Mitigation measure of the Bakersfield Heart HOspital FEIR. Public Works Prior to issuance of a building permit, the applicant shall provide a fully and correctly executed offer of dedication for Sillect Avenue in the corrected alignment. Provide an updated title report or verification from the title! company to identify all interest holders. 4. Provide a minimum 24' clear drive access around the Medical Arts building. The site plan is to reflect an additional 19' outside the right of way for landscaping. That additional 19' of landscaping (30' total from the flow line to the back of the landscaping easement) is a continuance of the grand parkway design which does not include sidewalks. That requirement has been carried through on all developments along Sillect Avenue. Parking, utility transformers, structures, or uses (except for driveways) other than landscaping have not been allowed to encroach into the landscaping area. Prior to issuance of a building permit, the City and the Heart Hospital shall enter into an agreement to address the following items. 6.1 The Heart Hospital: A. Shall obtain approval for a modification to parking requirements as part of the PCD approval. B. Shall provide a permanent right of entry to the City of Bakersfield for the construction of the future alignment of Sillect Avenue and Oak Street. C. Will not ask for severance when Oak Street is carried across the Kern River and the Cress Valley Canal. D. Shall construct improvements in the area of the offer of dedication in such a way that impacts on the remaining private infrastructure (irrigation, landscaping, lighting, etc.) are minimized when they are demolished. E. Will build replacement parking in the area of Sillect Avenue to be vacated in the future. The parking lot shall be improved to City Zoning Ordinance standards, including ~andscaping and lighting. The required landscaped areas shall be 30' S:~ZoneChangelz91 ~ \cc~Ex-A, wpd August 1, 2000 Exhibit "A" PCD ZC P00-0911 page 2 from the flow lines. Construction shall be completed no later than six months from the City's completion of the Sillect Avenue/Oak Street improvements. Include shared access for existing parking on the north side of Sillect Avenue. Access to existing uses shall be maintained during demolition and reconstruction. The parking lot shall be subject to Site Plan Review. Heart Hospital shall post approved security to ensure completic, n in the time and manner required. Shall be responsible to maintain landscaping, irrigation, and lighting along both sides of the realigned Sillect Avenue. The required landscaped areas shall be 30' from the flow lines. Shall record a covenant on the preperly that requires disclosure to future owners; and tenants of the Siilect Avenue/Oak Street future construction, which may involve construction of retaining walls, removal and/or relocation of driveways and altered landscaping. An exhibit will be attached to the agreement which clearly delineates the respective responsibilities of each party. The agreement will be recorded and shall run with the land. 6.2 City: A. Will provide conduits across the future alignment of Siliect Avenue for power and water for the future replacement parking lot. B. Will demolish the existing parking lot and associated improvements within the future alignment of Sillect Avenue and Oak Street. C. Will construct the roadway for Sillect Avenue and Oak Street, including any required retaining walls, landscaping, irrigation, etc. D. Will process a vacation procedure for the excess portion of Sillect Avenue as a part of the Oak Street Bridge at the Kern River project. This agreement and security ensures understanding of the applicant's and City's responsibilities related to the Oak Stree~/Sillect Avenue street improvements and the impact on the hospital The applicant has agreed that this agreement will be available for consideration concurrently with the PCD Zone; Change at the City Council. Planninq Prior to issuance of a building permit, developer shall submit final development plans, including a landscaping plan, to the Planning Commission for review and approval. Due to the possibility that there may be significant change to the medical arts office building either in square footage or shifting its location to accommodate the Oak Street/Sillect Avenue improvements, and the 30 foot wide landscape requirement. Through the review of the final development plan, the Commission will have the opportunity to utilize BMC Section 17. 54.060 which provides the Commission a "latitude in regulations" in determining whether changes shown in the final development plan are consistent with the plan and conditions approved for the zone change. S: iZoneChange Iz911 icc~Ex-A. wpd August l, 2000 Exhibit "A" PCD ZC P00-0911 page 3 Prior to issuance of a building permit, developer shall install a mw of trees in place of shrubbery along the border of the parking lot adjacent the canal. Also, developer shall landscape the Sillect Avenue street frontage located east of the service road, located in the "eastern point" of the property. A landscape plan shall be submitted with the final development plan approval by the Planning Commission, Existing oleander shrubs and placement of the required trees may be arranged to eliminate interference with the hellstop operations. The City Council added the condition for the trees along the canal in September 1997 with the original approval The condition was originally listed under the Building Department's Site Plan Review conditions, but is shown here as a discretionary condition to be monitored by the Planning Director. A developer is responsible for landscaping the entire street frontage. The area east of the service road in the "narrow point" has not been landscaped. This requirements for landscaping have not been satisfied. The modification to allow a reduction of parking is approved based on the applicant's desire to provide "temporary" parking spaces within the Oak Street/Sillect Avenue right- of-way until the City improves this intersection. These temporary parking spaces are not counted toward the parking requirement. If w~cated land on the north side of re-aligned Sillect Avenue is deeded to the hospital, the applicant is required to construct parking on the north side of Sillect Avenue within six months of the City's completion of the Oak Street/Sitlect Avenue intersection. (See Condition No. 6.1.E.) If vacated land is unavailable for parking, this modification is approved for a reduction in required reduction in parking. Clarifies how the parking modification app~es to this project. 10. Prior to issuance of a building permit, developer shall submit a recorded easement for the 10 foot wide equestrian easement along the western boundary of the project site adjacent the Best Western Inn and La Quinta Inn. All plans shall show this 10 foot wide equestrian easement as recorded. The City Council added this condition to the original approval of the hospital complex in 1997. The fO-foot wide equestrian easement is shown along the western boundary of the project. The applicant has made no request to delete this item from the project, therefore, staff recommends the easement be recorded with this subsequent revision. Site Plan Review Conditions The following are specific items that the Site Plan Review Committee has noted that you need to resolve before you can obtain a building permit or be allowed occupancy. These items may include changes or additions that need to be shown on the final building plans, alert you to speciFIc fees, and/or are comments that will help you in complying with the City's development standards. Each item will note when it is to be completed and they have been grouped by department so that you know who to contact if you have questions. S:lZoneChange~z91ficc\Ex-A.wpd August 1, 2000 Exhibit "A" PCD ZC P00-0911 page 4 11 .A. DEVELOPMENT SERVICES - BUILDING (staff contact - Phil Burns 661/326-3718) The applicant shall submit 4 copies of grading plans and 2 copies of the preliminary soils report to the Building Division. You must submit a final soils report to the Building Division before they can issue a building permit. Include with the final site plan documentation, or show changes on the final plan that the project complies with all disability requirements of Title 24 of the State Building Code. Structures exceeding 10,000 square feet in area shall require installation of an automatic fire sprinkler system. Business identification signs are not considered nor approved under this review. A separate review and sign permit from the Building Division is required for all new signs, including future use and construction signs, Signs must comply with the Sign Ordinance (Chapter 17.60). The Building Division will calculate and collect the appropriate school district impact fee at the time they issue a building permit. 11.B. DEVELOPMENT SERVICES - PLANNING (staff contact - Dave Reizer 661/326-3673) The minimum parking required for this project shall comply with the requirements of BMC Section 17.58.110. Based on the uses shown on the proposed site plan, the project requires a minimum of 454 spaces. See Condition No. 6.1 .E regarding parking on the north side of Sillect Avenue.) For informational purposes the parking has been computed below based on use at the rate shown in BMC ~ 17.58.110. At the Planning Commission meeting of July 6, 2000, the Commission approved a total of 103 beds for the hospital. Square Footage Parking Required Use Or Number of Beds Ratio Parkinq Existing Hospital 71 Beds I space/bed 7 ~ spaces Admin Office 9,000 sq.t?. ~ space/230 sq.ft. 39 spaces Proposed Hospital Wing Admin Office Medical OfFice Bldg Retail Space 32 Beds 1 space/bed 32 spaces 4, 000 sq,~. I space/230 sq.~. f 7 spaces 35,916 sq.~. 1 space/?'25 sq.~. 287 spaces 2,500 sq.~. ~ space/300 sq.tt. 8 spaces 7btal Required by Ordinance: 454 spaces (Note: 478 parking spaces are shown on the proposed site p/an) S:lZoneChange~z911~cc\Ex-A.wpd August 1, 2000 Exhibit "A" PCD ZC P00-0911 page 5 The applicant shall submit one (1) copy of the final landscape plan to the Planning Division, and include a copy of this plan with each set of the final building plans. Building permits will not be issued until the Planning Division has appreved the final landscape plan for consistency with approved site plans and minimum ordinance standards (please refer to the attached standards - Chapter 117.61 ). Submit landscape plan with final development plans. Appreved landscaping, parking, lighting, and other related site improvemerits shall be installed and inspected by the Planning Division before final occupancy of any building or site. Please schedule final inspections with Dave Reizer (661/326-3673). Parking lot lighting is required by the Bakersfield Municipal Code (Section 17.58.060A). Lights shall be designed, arranged, and shielded to reflect light away from adjacent residential properties and streets. All light fixtures shall be between 15' and 40' above grade with illumination evenly distributed across the parking area. Lighting direction and type of light fixture shall be shown on the final site plan or included with the building plans. Rooftop areas of commercial buildings (eg. office, retail, restaurant, assembly, hotel, hospital, church, school) shall be completely screened by parapets or other finished architectural features constructed to a height of the highest equipment, unfinished structural element or unfinished architectural feature of the building. 11 .C. FIRE DEPARTMENT (staff contact ~Greg Yates 661/326-3939) 1. Show on the final site plan: All fire lanes as indicated on the returned plans, or as they may be modified by the Fire Department. Spacing between each sign identifying the fire lane mus[ also be shown on the final plan that meets minimum city standards. The applicant shall install all required fire lane signs before occupancy of any building or portion of any building is allowed. The first tier of parking and portion of the landscape island located immediately west of the hospital wing "tucked under" parking shall be eliminated to provide a 20 foot minimum wide posted fire lane. Trees species along this fire lane shall be selected and maintained to not conflict with emergency vehicles. Both offsite (nearest to site) and on-site fire hydrants with required fire flows. New fire hydrants shall be sited and installed in accordance with the latest adopted version of the California Fire Code. Hydrants must be in working order to assure that adequate fire protection is available during construction unless other arrangements for such protection are appreved by the Fire Department. Please provide 2 sets of the engineered water plans to Greg Yates. (Note: All new fire hydrants must be pumha.sed from the Fire Department.) S:lZoneChange~zgl ficc\Ex-A.wpd August l, 2000 Exhibit "A" PCD ZC P00-0911 page 6 If the project has fire sprinkler or stand pipe systems. The Fire Department will issue guidelines for connection locations (FDC) when automatic sprinkler and stand pipe systems are required. Project address, including suite number if applicable. If the project is within a shopping or business center, note the name and address of the center. e. Name and phone number of the appropriate contact person. The applicant must request an inspection of any underground sprinkler feeds at least 24 hours before they are buried. The Fire Sal=ety Control Division (1715 Chester Avenue, Suite 300, Bakersfield, CA; Ph. 661/326-3951 ) must complete all on-site inspections of fire sprinklar systems and fire alarm systems before any building is occupied. All access (permanent and temporary) to and around any building under construction must be at least 20 feet wide, contain no vehicle obstructions, and be graded to prevent water ponding. Barricades must be in place where ditches and barriers exist in or cross roadways. Emergency vehicle access must always be reliable. If you handle hazardous materials or hazardous waste on the site, the Environmental Services Division may require a hazardous material management plan before you can begin operations. Please contact them at 661/326-3979 for further information. you treat hazardous waste on the site, the Environmental Services Division may require hazardous waste "Tiered" permit before you can begin operations. Please contact them at 561/326-3979 for further information. If you store hazardous materials on the site in either an underground or a permanent aboveground storage tank, a permit from the Environmental Services Division is required to install and operate these tanks. The Environmental Services Division may also require a Spill Prevention Control and Countermeasure Plan before you can begin operations. Please contact them at 661/326-3979 for further information. 11.D. PUBLIC WORKS - ENGINEERING (staff contact ~ Lauren Dimberg 661/326-3585) The applicant shall install new connection(s) to the public sewer system. This connection, shall be shown on the final site plan submitted to the Building Division before any building permit will be issued. 2. Show on the final plan all existing connection(s) to the public sewer system. All driveways, vehicular access and parking areas shall be paved with a minimum of 2" Type B, A.C. over 3" Class II A.B. according to the Bakersfield Municipal Code (Sections 15.76.020 & 17.58.050 N.) and the adopted standards of the City Engineer. This paving standard shall be noted on the final site plan submitted to the Building Division before any building permit will be issued. S :\Zone Change\z911 \cc\Ex-A. wpd August ~, 2000 Exhibit "A" PCD ZC P00-0911 page 7 11. If a grading plan is required by the Building Division, a building permit will not be issued until the grading plan is approved by both the Public Works Department and Building Division. 12. You must obtain a street permit from the Public Works Department before any work can be done within the public right-of-way (streets, alleys, easements), Please include a copy of this site plan review decision to the department at the time you apply for this permit. 13. A sewer connection fee shall be paid at the time a building permit is issued. We will base this fee at the rate in effect at the time a building permit is issued. A transportation impact fee for regional facilities shall be paid at the time a building permit is issued, or if no building permit is required, before occupancy of the building or site. This fee will be based at the rate in effect at the time the permit is issued. The rate for each vehicular trip varies according to project type and size. Because of the mixed-use nature of this project, the vehicular trip ratE; will vary for each use. The Public Works Department will calculate an estimate of the total fee when you submit construction plans for the project. 11 .E. PUBLIC WORKS - TRAFFIC (staff contact - George Gillburg 661/326-3997) Two-way drive aisles shaft be a minimum width of 24 feet. If perpendicular (90°) parking spaces are proposed where a vehicle must back into these aisles, the minimum aisle width shall be 25 feet. All drive aisle widths shall be shown on the final plan. Show the typical parking staBI dimensions en the final plan. Minimum parking stall dimensions shall be 9' wide x 18' long. Vehicles may hang over landscape areas no more than 2¼ feet provided required setbacks along street frontages are maintained, and trees and shrubs are protected from vehicles as required by the Planning Division. 11.F. PUBLIC WORKS - SOLID WASTE (staff contact - John Wilburn 661/326-3114) Show on the final plan 2, 10' x 20' refuse bin enclosure(s) designed according to adopted city standards (Detail #S-43). Before occupancy of the building or site is allowed, 4, 3- cubic yard front loading type refuse bin(s) shall be placed within the required enclosure(s). 2. Show on the final plan 1 additional compactor roll-off bin location(s). Before building permits can be issued or work begins on the proper~y, you must contact the staff person noted above to establish the level and type of service necessary for the collection of refuse and/or recycled materials. Facilities that require infectious waste services shall obtain approval for separate infectious waste storage areas from the Ksrn County Health Department. In no instances shall the refuse bin area be used for infectious waste containment purposes. S:\Zone Change~z91 ~ \cc~Ex-A. wpd August 1, 2000 Exhibit "A" PCD ZC P00~0911 page 8 Facilities that require grease containment must provide a storage location that is separate from the refuse bin location. Facilities that participate in recycling operations must provide a location that is separate from the refuse containment area. The Solid Waste Division will determine appropriate service levels for refuse collection required for a project, These levels of service are based on how often collection occurs as follows: Can or cart service - Front loader bin service - Rolloff compactor service - 1 cubic yard/week or less 1 cubic yard/week - 12 cubic yards/day More than 12 cubic yards/day S:~ZoneChange lz9'l 'l lcc\Ex-A. wpd August 'I, 2000 EXHIBIT "B" WAy CITY OF BAKERSFiELD ZONING MAP 102-23 SEC 2~ T. 295 LEGEND M-[ N ~o C) c Ill ,-, E~HIBrr Z / RE N orn o i0 oT ...-tz CITY OF BAKERSFIELD ZONING MAP 102-24 SEC 24 T. 29S R. 2?E LEGEND EXH][BIT "D" PCD ZC P99-0911 LEGAL DESCRIPTION P.C.D. PARCEL: PARCEL B OF LOT LINE ADJUSTMENT NO. 301, AS SHOWN ON THAT CERTIFICATE OF COMPLIANCE RECORDED AUGUST 6, 1990 IN BOOK 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 A 1" IRON PIPE TAGGED LS. 2982, SAiD POINT BEING THE SOUTHEAST CORNER OF PARCEL 2 OF PARCEL MAR 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 UNE 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" EAST, 436.93 FEET TO A POINT ON A 2" IRON PIPE TAGGED LS. 4761, SAiD POINT BEING THE NORTHEAST CORNER OF PARCEL 3 OF SAiD PARCEL MAR NO. 7305; (3) THENCE DEPARTING SAID POINT NORTH 89°11'53" WEST, 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 00o32'26'' WEST, 283.35 FEET ,~,LONG THE EAST UNE 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 FIECORDS, SAiD POINT BEING ON A NON-TARGENT CURVE CONCAVE NORTHWEST, WITH A RADIUS OF 844.85 FEET AND HAVING A RADIAL BEARING 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 FEET TO A POINT ON THE EAST LINE OF SAIl::) SECTION 23; (6) THENCE CONTINUING ALONG SAID CURVE AND RIGHT-OF-WAY INTO THE SOUTHWEST QUAI:~TER OF SAiD SECTION 24, THROUGH A CENTRAL ANGLE OF 32°03'30% HAVING AN ARC LENGTH OF 4:72.71 FEET; (6) THENCE DEPARTING NON-TANGENT TO SAiD CURVE AND RIGHT-OF-WAY, SOUTH 60°39'38" EAST, 20.97 FEET TO THE FEE OWNERSHIP BOUNDARY UNE OF THE CROSS VAllEY CANAL; (7) THENCE ALONG SAiD CANAL BOUNDARY UNE FOR THE NEXT 5 COURSES, SOUTH 29°20'22" WEST, 720.42 FEET TO A POINT ON THE WEST UNE OF SAID SECTION 24; (8) THENCE CONTINUING INTO SAID SOUTHEAST QUARTER OF SECTION 23, SOUTH 29°20'22" WEST, 316.95 FEET; (9) THENCE SOUTH 40°09'25" WES~' 371.49 FEET; (10) THENCE SOUTH 24°42'0e'WEST 158.64 FEET; (11) THENCE SOUTH 33°14'05" EAST 30.00 FEET; (12) THENCE DEPARTING FROM SAID CANAL BOUNDARY UNE SOUTH 00°48'30" WEST, 36.82 FEET TO A POINT ON A UNE PARALLEL WITH AND 30.00 FEET NORTH OF THE SOUTH LINE OF SAiD SECTION 23; (13) THENCE ALONG SAID UNE NORTH 89°13'14" WEST, 249.44 FEET TO A 1" IRON PIPE TAGGED LS. 2982, SAID POINT BEING THE TRUE POINT OF BEGINNING. CONTAINING 10.107 ACRES No, 5556 HAL 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 31th dayof August , 2000 she posted on the Bulletin Board at Ci .ty Hall, a full, true and correct copy of the following: Ordinance No. 3975 , passed by the 30th day of August 2000 and Bakersfield City Council at a meeting held on thE; entitled: AN ORDINANCE AMENDING TITLF SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NOS. 102-23 AND 102-24 BY CHANGING THE ZONING FROM A PCD (PLANNED COMMERCIAl_ DEVELOPMENT) ZONE TO A REVISED PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE TO ADD A HELlSTOP, AND TO REVISE THE MEDICAL OFFICE BUILDING AND HOSPITAL WING OF THE BAKERSFIELD HEART HOSPITAL ON 10 ACRES GENERALLY LOCATED 3001 SILLECT AVENUE (FILE # P99-0911 ). /s/PAMELA A. MCCARTHY City Clerk of the City of Bakersfield S:\DocUment%FORMS~AOP.ORD .wpd AUgust 31, 2000