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Home My WebLink AboutORD NO 4265 ORDINANCE NO. ';I 2 65 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 124-29) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO E (1 ACRE MINIMUM) ON 33 ACRES AND FROM R-S (RESIDENTIAL SUBURBAN) AND E (ESTATE ONE FAMILY DWELLING) TO R-1 (ONE FAMILY DWELLING) ON 67 ACRES, GENERALLY LOCATED ON THE EAST SIDE OF SOUTH UNION AVENUE, NORTH AND SOUTH OF EAST BERKSHIRE ROAD (ZC NO. 04-1570). WHEREAS, in accordance with the procedures 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 on the east side of South Union Avenue, north and south of East Berkshire Road; and WHEREAS, by Resolution No. 76-05 on June 16, 2005, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 04-1570 as delineated on attached Zoning Map 124-29 marked Exhibit "A", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution and as restated herein; 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 from A (Agriculture) to E (1 acre minimum) on 33 acres and from R-S (Residential Suburban) and E (Estate One Family Dwelling) to R-1 (One Family Dwelling) on 67 acres, and the Council has considered said findings as stated herein and all appear to be true and correct; and WHEREAS, a Negative Declaration with mitigation was advertised and posted on May 12, 2005, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows single-family residential development; and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 76- 05, adopted on June 16,2005: 1 (, 'ò~K£,", c)' 'l(p :>- "! \- " _ r o c:: ORIGINAl 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 3. Based on the intial 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 for the project in accordance with CEQA. 4. The proposed project is consistent with the surrounding land uses. 5. The proposed project, with modifications to the proposal as recommended by staff and the Planning Commission and shown on Exhibit "A," is consistent with the Metropolitan Bakersfield General Plan. 6. The public necessity, general welfare and good planning practices justify the requested zone change, with modifications to the proposal as recommended by staff and the Planning Commission as shown on Exhibit "A." 7. 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 purposes 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 minimus" exemption in accordance with Section 711 of the State Resources Code. Additionally the assumption of adverse effect is rebutted by the above-referenced absence of evidence in the record and the lead agency's decision to prepare a Negative Declaration. 8. The laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. That the above recitals, incorporated herein, are true and correct. 2. The Negative Declaration is hereby adopted. 2 '< £,AK"-1 o <f' ~ '1" >:: m V ~ ORIGINA~ 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 124-29 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B ". 4. Such zone change is hereby made subject to the mitigation and conditions of approval listed in attached Exhibit "C", subject to approval of GPA No. 04-1570. 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. ···------000-·····-·- 3 X 'í;Í\Kf;y () ,I' ;.., "" I- iT ,- r- <.:> <:;- IJRIGINM 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 SE:P 7 7009 by the following vote: ~ NOES: ABSTAIN: ABSENT: COUNCILMEMBER ~ C""'I,bV..... I ~ , }-{W......J, 7-fcu,ç,M-¡ <-, ,0 O. "''-'" COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER , "'s'(}U'rn..t..L PAMELA A. McCARTHY, C CITY CLERK and Ex Officio erk of the Council of the City of Bakersfield APPROVED SEP 7 2005 HAR L. LL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney BY:~ìn.~ Exhibit A - Zoning Map 124-29 B - Zone Change Legal Descriptions C - Mitigation/Conditions of Approval PH - S:IGPA 2nd 2005104-15701CC ZC Ordlnance.doc 4 « ~þ.K"-'5- o ~ >- n >;:: r C> C:- ORIGINAl ,,--.... Exhibit A Zoning Map 124-29 ~ 'òAK$-9 () ó' >- -<\ >- rp - r- (....' t:J nRIGINÞ.I O'J'" C\J~ ,,,, ~ C\J 9CL,ø) ~~o ... '" ~~>-' w '" ùiC) Z 15Z~ >-0' t:N~ <.> '" . ~ . 5 f ~~ ~ . ~ ~ !ã...a. ~!H ù....... " ~ I, 11~ u . : r:~,~ . w 1, n ...J tu + . , ~ " . õ_ õ òii ~ 9'. b ~ j -.. ~:¡ ... ~ ~!~~2~ ~! S~~~~~...i~ :II ~~~~¡¡:3~.. i ~~..."~w""~'" !!i! ~o >z..c_~_t........~w ;;:"'2 ~!.,"~., ·-IlI.. >6 -~ä -..=,..~t::.gl::"", :!!:...~ ::"'¡:~~ii!¡i,:J~~ J:!~~ p;:.<'.'-' 'x' ~..~õ~ .W ~"i:¡¡i~gt.=:~'¡:~i:.....~!i~ð"',¡~" IS ...... "o~;-;:I"~:i~...·I":¡l:F :::... ~ :i9~;; ~i(; ;~"'2 ~:!~::¡:~;;¡;¡i i"'~ ~ ....;: >-,;::;: 51 2... '"'¥ #I. ¡! U t1 :i :t -.... .. .j:Z '" .. ~~ "'::: ,... ¡'... :;: II' ::: :t ~ :¡ :I It ~ ~ ~ .. ....~ ~- ;: ': . a I.... ~ ... Z.... II: . ... ... -- ·...Ii~"'·. '~>~.'-~' ~~5t:~&::>:'-::;~::I:::;l1! ::....¡¡i.::;Jj~~'l , ... .... ~~ w.",_N .... ... .... ¡. ir: .r ¡, ~ Q_...~q_N 2 ~ ~~ ~¡~~uu~~~g~.~~0~c~;~~.~~~ - ~ H Xi: ! i .........N~ p!.: 5 ..¡; ...C LW ~~.3;Ê.....&.. ".3i'~~·" ~'!ll!z":J: ::;~·;¡;¡~I-i~ ......................... '::"':2&~JI....'j... ~~'!:3~~:i~ ...............lì:I ZONE CHANGE 04-1570 """ tJ;t-~z"'" H& . . QOOMNO!.LO~ < , : J ------,~ õ ji! m~ > ,. : ," . I -;:.--r,;;-ï u I 0::1 I + :; .. .l~~ ~ -è 01 V9-3 ~-I Ii ""l i;. i," ¥!!:i . t.~1 ffij .~ ;Ita t;'j !;:; ~ '! ~~:! ::~ I ~,.: ; 1-'" , ~1i1 - I;; i ~'. . .~u. .. . ------------------ <i: 62 J w~ 0::0 ~~ O'-"~I uw -$ a: ~ en a: 1-;1 ¡ I -= I 4 I::E I I I , I . N ;, . .. '" ,. - ---Wi ~B - . . I!I{.= ~~'J r' .!I ... ëll'~ ~~l ;~ )1-;'& IS¡ ~~~l -,2.. ¡......... II "~'¡: # .,... - '.tí. ª £!~e '" . !~...I ." ~-.. ~- .;".¡ ", ,,~ ' , ~~iI ~ , y ~t~¡; .-. . -ì' i.~ ·-3 ~tl!l -.. ~~::. I § " . qr + ~ . . { ~ . < ¥ . " !¡ ~ n =- ¡j~ ?U ~J! ig + X % ,Kf5' ú: ZONtNG tAAþ 124 -29 ;>.. '! .... n - r (,) to ---- ------~-".___.__ --. ....()8!G.!~"-L, Exhibit B Zone Change Legal Descriptions x ?, p,f( f,¡> () <!;, "- I- rfJ - ,.. o Ö ORIr:"W' LEGAL DESCRIPTION ZONE CHANGE FROM RS AND E TO R-1 PARCELS 1, 2 AND 3 OF PARCEL MAP WAIVER NO. 300, AS EVIDENCED BY A CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 13, 1981 IN BOOK 5418, PAGE 915 OF OFFICIAL RECORDS, BEING PARCELS A, BAND C OF PARCEL MAP NO. 3913, IN THE UNINCORPORATED AREA, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED SEPTEMBER 6, 1977 IN BOOK 19, PAGE 40 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 30 SOUTH, RANGE 28 EAST, M.D.M., IN THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL JANUARY 28, 1868. ZONE CHANGE FROM A TO E THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 30 SOUTH, RANGE 28 EAST, M.D.M., IN THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL JANUARY 28, 1868, EXCEPT THE NORTHERLY 165 FEET THEREOF. DELMARTER AND DEIFEL ..£1 it ¡(t~/t¡iIld1 J mes K, Delmarter .C.E.17564 Expires: 6-30-2007 r!f <¿'!>./(I:t , >. F >::: , v ,- ORIG!NP.I EXHIBIT C Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 04-1570 Air Qualitv: 1. The following mitigation measures shall be utilized during the construction phase of the project to reduce construction exhaust emissions. These mitigation measures are stated in the San Joaquin Valley Air Pollution Control District's Guide for Assessing and Mitigating Air Quality Impacts as approved mitigation for construction equipment a. Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. b. Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. c. Encourage ride sharing and use of transit transportation for construction employee commuting to the project sites. d. Use electric equipment for construction whenever possible in lieu of fossil fuel- fired equipment. e. Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways. 2. Construction of the project requires the implementation of control measures set forth under Regulation VIII, Fugitive PM10 Prohibitions of the San Joaquin Valley Air Pollution Control District. The following mitigation measures, in addition to those required under Regulation VIII, shall be implemented in order to reduce fugitive dust emissions associated with the project: a. All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover, or vegetative ground cover. b. All onsite unpaved roads and offsite unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. c. All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. Ý í:,AK£0> Ç)' '<I' ;,.. -<' 1-. rr , r- ,;:y C:J 0RIr:'INM Exhibit C GPNZC No. 04-1570 Mitigation/Conditions of Approval d. When materials are transported offsite, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained. e. All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden.) f. Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. g. Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday. h. Any site with 150 or more vehicle trips per day shall prevent carryout and trackout. i. Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution Control District Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials. j. Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period) k. Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the constructions site. I. Implementation of carryoutltrackout mitigation measures, such as gravel pads, in accordance with the requirements of San Joaquin Valley Air Pollution Control District Regulation VIII. 3. With submission of the first Parcel Map, Tract Map, or Site Plan Review application for any portion of the subject property, the applicant shall provide an updated air quality impact study addressing the potential for the development of the entire subject property Page 2 of 8 X 'è>¡\/('::0> () '<1' ;.. ..,., t-- rr: .- r (J C:J DRIGINN ' ,....---., ._,._---,---~---..--------_..-------_.-..-" Exhibit C GPAlZC No. 04-1570 Mitigation/Conditions of Approval to exceed the San Joaquin Valley Air Pollution Control District's Thresholds of Significance for ozone precursors. The most recent version of URBEMIS that is available at the time of application submission shall be utilized for this analysis. If the proposed development is projected to exceed the District's Thresholds of Significance, then the following conditions shall be met to the satisfaction of the Planning Director: a. Prior to recordation of a final map or issuance of a building permit (whichever occurs first), the subdivider shall select and implement one or a combination of the following measures and/or programs in order to reduce ROG and NOx emissions to below the District's Thresholds of Significance for ozone precursors. i. The subdivider shall fully construct a project or projects approved by the City Public Works Department that will result in the reduction of emissions as described in above. The improvements for said project must be accepted by the Public Works Department prior to recordation the final map. The project selected shall be a project that is not otherwise funded or constructed with the subdivision. The subdivider is responsible for all costs to determine the emission reductions associated with projects. This documentation shall be submitted to the Planning Director and the Public Works Director prior to approval of a project. The projects used for the reduction in emissions may include one or more of the following types of projects: 1. Construction of a new, warranted signal. 2. Modification of an existing signalized intersection to add additional left turn storage or dedicated right turn capability. 3. Car crushing of older model cars. 4. Modification to stationary diesel engines, such as for agricultural use. 5. Modification of fleet vehicles and/or other mobile sources. ii. If one or more of these programs is selected by the subdivider, proof of compliance with these measures must be provided to the satisfaction of the Planning Director prior to recordation of a final map. Proof of cornpliance may include documentation of the number, type and year of cars crushed; location and type of engines modified, photo documentation and quantification of emission reduction by Air Pollution Control District or Air Quality consultant. Page 3 of 8 (, '0!\K ~Ä. ()' '<5 :>.. " r- ¡: - f' <.) c- ORIGIN t I Exhibit C GPNZC No. 04-1570 Mitigation/Conditions of Approval b. The Developer may provide emissions offsets through participation in a voluntary emission reduction program (VERP) through the San Joaquin Valley APCD. The VERP will require the developer to enter into a binding agreement with the SJVAPCD that will require the SJVAPCD to: i. Review the air emission impact assessment protocol and quantification of emission estimates attributable to the project. ii. Accept the estimated monetary value of the emission reductions to equal the emissions from the project. iii. Locate and implement the emission reductions. iv. Certify that the emission reductions have been made to the lead agency and the developer in the form of a certificate. c. During the life of the project, if the City of Bakersfield adopts an emissions mitigation program that provides equal or more effective mitigation than measures listed in this analysis, the developer may choose to participate in the City's program to mitigate air quality impacts. d. The purchase of Banked Emission Reduction Credits (ERCs) will fully offset the project. ERCs, which have been approved by the SJVAPCD, are retained in the emission inventory for the air basin. Purchase and surrender of ERCs removes them from this inventory, thus fully offsetting the incremental increase to the emissions inventory from this project. Therefore, the emissions inventory contained in the SIP and used for the AQAP will not increase as a result of the project and the AQAP remains valid. e. Should ERCs not be available or deemed cost effective, the developer may provide offsets through other means acceptable to the City Planning Department and approved by the SJVAPCD. f. Fees paid to the SJVAPCD through an approved indirect source emissions fee program may be utilized to provide applicable offsets for the proposed project. Cultural Resources: 4. If cultural resources are encountered during construction, a qualified archaeologist shall be retained by the developer to evaluate the significance of the resources and to formulate a Page 4 of 8 x ~¡\Kf0' () <f. ,~ ;: 1_ n - r <:> Cè ilR1(:' I fo.I.l'I -,._.__.~,...- ,--_._----_._,---~._- Exhibit C GPA/ZC No. 04-1570 Mitigation/Conditions of Approval mitigation program if necessary. The archaeologist shall coordinate with the City of Bakersfield Planning Department. 5. If human remains are discovered during grading or construction activities, work would cease pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are identified on the site at any time, 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 details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. Residential/Industrial Separation; 6. An 8-foot tall masonry wall (measured from the finished grade of the abutting residential lots) along the western boundary of the residential lots situated immediately south of the unnamed future street situated approximately midway between East Berkshire Road and East Hosking Avenue, and abutting the M-2 Zone, shall be included on the subdivision map for this area and shall be constructed prior to the occupancy of any homes on these lots. This wall shall not interfere with any easements and shall not have any gaps or openings. 7. Residential lots abutting property designated Service Industrial shall have a minimum lot depth of 140 feet. E Zone Minimum Lot Size: 8. Lot size within the E (Estate One Family Dwelling) zoned portion of the project site shall be a minimum of one acre. Transportation and Traffic: Local Mitigation 9. Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee nor included with normal development improvements) as indicated on page 27 of the traffic study. An estimate and fee schedule should be developed by the applicant and approved prior to recordation of a map or issuance of a building permit. Proportionate shares based upon PM peak trips from the traffic study are as follows: Page 5 of 8 ,. 'òMf~ Ò' Ó' ". >- - >- rr _ c- o Co ORIr:'INþl Exhibit C GPAiZC No. 04-1570 Mitigation/Conditions of Approval a. Widen Panama Lane to 4 lanes, 0.10 miles west of South Union Avenue to South Union Avenue, Percent share = 11.3% b. Widen East Berkshire Road to 4 lanes, South H Street to South Union Avenue, Percent share = 0.40% 10. Prior to the recordation of Final Tract Maps, the developer shall ensure the construction of necessary improvements to South Union Avenue and East Berkshire Road along the project site frontage to the satisfaction of the City of Bakersfield Public Works Department. Metropolitan Bakersfield Transportation Impact Fee Program 11. Prior to the issuance of any building permit, the developer shall pay the applicable Metropolitan Bakersfield Transportation Impact Fee to the satisfaction of the City of Bakersfield Public Works Department. Public Works: 12. Prior to approval of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: a. Developer shall provide fully executed dedication for South Union Avenue to arterial standards and East Berkshire Road to collector standards for the full frontage 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. b. Developer shall submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than 1 sump per 80 acres may be utilized to serve this area; these sumps should be located so that they may be available to serve adjacent areas as they develop. The study shall be approved and any required retention site and necessary easements dedicated to the City. c. Sewer service must be provided to the GPAiZC area. The developer shall be responsible for the initial extension of the sewer line to serve the property. This sewer line must necessarily be sized to serve a much larger area than the project area. The City is willing to aid the developer in the formation of a Planned Sewer Area and/or an Assessment District to provide a mechanism for the reimbursement of oversizing costs to the developer. Page 6 of 8 :{ 'ðÞ.hf"p () ~ "'- I- rrì - ,.... ù ö IJRIGIN,lci Exhibit C GPAlZC No. 04-1570 Mitigation/Conditions of Approval d. Developer shall pay median fees for all arterial roads within the boundary of the GPAlZC area. The payment of these fees may be phased to match the construction phasing of the project. 13. The entire area covered by this General plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance District 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. 14. The Madison Road crossing of the Arvin Edison Canal needs to be constructed to serve this area. Developer shall aid in the fonnation of a Major Road and Thoroughfare District for the construction of the crossing. 15. With development of any of the GPAlZC area south of Berkshire Road, and subject to the County Board of Supervisor's approval of eminent domain proceedings, install full width improvements on the south side of Berkshire Road to South Union Avenue including curb, gutter and sidewalk. (Orderly development) Parks: 16. A minimum 10-acre park site shall be located within the boundaries of the 67-acre R-1 zoned portion of the subject property. City Attomey: 17. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold hannless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct. Page 7 of 8 ~, 'òM(.f () ú :>.. -:' \- r - ,. o (' OR!I''^W ---~--,------ Exhibit C GPAlZC No. 04-1570 Mitigation/Conditions of Approval This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. Page 8 of 8 ~ ~Mt, ()'i >- r \- r Õ ¡ ORlr1w' 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 8th day of September , 2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4265 , passed by the Bakersfield City Council at a rneeting held on the ~day of September. 2005 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO.124-29) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO E (1 ACRE MINIMUM) ON 33 ACRES AND FROM R-S (RESIDENTIAL SUBURBAN) AND E (ESTATE ONE FAMILY DWELLING) TO R-1 (ONE FAMILY DWELLING) ON 67 ACRES, GENERALLY LOCATED ON THE EAST SIDE OF SOUTH UNION AVENUE, NORTH AND SOUTH OF EAST BERKSHIRE ROAD (ZC NO. 04-1570) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of ~akersfield By:äQ.~.L<..t { DEPU Y Cit lerk S:\DOCUMENT\FORMSIAOP .ORD. wpd