HomeMy WebLinkAboutORD NO 4292
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ORDINANCE NO.
.292
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
123-31 AS RECOMMENDED BY THE PLANNING
COMMISSION AND BY CHANGING THE PREZONING FROM A
(AGRICULTURE) TO R-1 (ONE FAMILY DWELLING) ZONE ON
86.37 ACRES, LOCATED ALONG THE NORTH SIDE OF TAFT
HIGHWAY, GENERALLY EAST OF BUENA VISTA ROAD. (ZC
05-0743) (Ward 5).
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 by Marino Associates for Del Ray Development LLC to change the land use zoning of those
certain property in the City of Bakersfield located generally along the north side of Berkshire Road,
and generally east of South Union Avenue: and
WHEREAS, by Resolution No. 139-05 on September 15, 2005, the Planning Commission
recommended approval of an ordinance to amend Title 17 of the Municipal Code from A
(Agriculture) to R-1 (One Family Dwelling) zone 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
WHEREAS, the Planning Commission recommended approval of the proposed changes in
zoning of the subject property from A (Agriculture) to R·1 (One Family Dwelling) zone and the
Council has considered said findings and all appear to be true and correct; and
WHEREAS. the applicant wishes to develop single family residential uses on the project site,
upon annexation to the city; 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
22, 2005, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential uses; 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.
2. All required notices have been given.
3. The provisions of the California Environmental Quality Act (CEQA) have been
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4. 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.
5. The public necessity, general welfare and good zoning practice justify the
recommended change of zone to R-1 (One Family Dwelling) zone on 86,37 acres
located along the north side of Taft Highway, generally east of Buena Vista Road.
6, The project site, with prior approval of General Plan Amendment No. 05-0743, is
designated LR (Low Density Residential) on the Metropolitan Bakersfield General
Plan Land Use Plan,
7. The recommended zone change will reflect the previously adopted General Plan
Amendment No. 05-0743.
8. The recommended zone change is compatible with uses typical of development with
complete urban services available by the City of Bakersfield,
9. The recommended zone change is consistent with the Metropolitan Bakersfield
General Plan, subject to prior approval of General Plan Amendment No. 05-0743.
10. That Zone Change No. 04-0743 is hereby approved as recommended by staff with
mitigation measures adopted in the Negative Declaration.
11. 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 86.37 acres on Map No, 123-31, of that certain property being
annexed to the City of Bakersfield as described in Exhibit "C" herein attached.
12. That Zone Change No. 05-0743. 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, 05-0743.
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, 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 being annexed to the City, the boundaries of which property is shown on the
map marked Exhibit "B" attached hereto and made a part hereof, and are more
specifically described in attached Exhibit "C".
4.
Such zone change is hereby made subject to the conditions of approval listed in
attached Exhibit "A", and subject to prior approval of General Plan Amendment No.
05-0743.
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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.
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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 DEC 1 4 2005 . by the
following vote:
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ABSTAIN:
¡")\BSENT;)
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COUNCILMEMBER
COUNclLMEMBER
cOUNCILMEMBER
COUNclLMEMBER
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COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
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PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
~~
~Y L. HttL
MA VOR of the City of Bakersfield
DEC 1 4 2005
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: ,¡J~ ìn- ~
Attachments: Exhibit A - Conditions of Approval
Exhibit B - Map
Exhibit C - Legal Description
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EXHIBIT A
Conditions of Approval
General Plan Amendment/Zone Change 05-0743
Air Qualitv Mitiaation Measures:
1. To ensure that project emissions are minimized, the applicant is proposing
a number of mitigation measures. The following measures have either
been applied to the project through the URBEMIS 7,5.0 Model or will be
implemented in conjunction with the San Joaquin Valley Air Pollution
Control District (SJVAPCD) rules, Therefore, the applicant/developer of
the project site shall submit documentation to the Planning
Department prior to issuance of any building permit that they
will/have met the following air quality mitigation measures:
A, PM10 Mitigation Measures
As the project will be completed in compliance with SJVAPCD Regulation
VIII, dust control measures will be taken to ensure compliance specifically
during grading and construction phases. The mitigation measures to be
taken are as follows:
· Water previously disturbed exposed surfaces (soil) a minimum
of three-times/day or whenever visible dust is capable of drifting
from the site or approaches 20% opacity.
· Water all haul roads (unpaved) a minimum of three-times/day or
whenever visible dust from such roads is capable of drifting from
the site or approaches 20% opacity.
· Reduce speed on unpaved roads to less than 15 miles per hour.
· Install and maintain a trackout control device that meets the
specifications of SJVAPCD Rule 8041 if the site exceeds 150
vehicle trips per day or more than 20 vehicle trips per day by
vehicle with three or more axles.
· 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.
· Control fugitive dust emissions during land clearing, grubbing,
scraping, excavation, leveling, grading, or cut and fill operations
with application of water or by presoaking.
· When transporting materials offsite, maintain a freeboard limit of
at least six inches and cover or effectively wet to limit visible
dust emissions,
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Exhibit A
Conditions of Approval
GPAlZC 05-0743
· 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 is prohibited except when preceded or
accompanied by sufficient wetting to limit visible dust emissions
and use of blowers is expressly forbidden).
· Stabilize the surface of storage piles following the addition or
removal of materials using water or chemical
stabilizer/suppressants.
· Remove visible track-out from the site at the end of each
workday.
· Cease grading activities during periods of high winds (greater
than 20 mph over a one-hour period).
· Asphalt-concrete paving shall comply with SJVAPCD Rule 4641
and restrict use of cutback, slow-cure and emulsified asphalt
paving materials.
· Grading should be conducted in phases.
· Project site shall not be cleared of existing vegetation cover until
required by construction.
· The project developer shall re-vegetate graded areas as soon
as it is feasible after construction is completed
· The construction contractor shall submit a Dust Control Plan to
the APCD at least 30 days prior to the start of the any
construction activity,
· Construction contractor shall provide written notification to the
APCD within 10 days prior to the commencement of
earthmoving activities via fax or mail.
· Upon evidence of trespass, prevent unauthorized vehicles
access by posting "No Trespassing" signs or installing physical
barriers such as fences, gates, posts, and/or other appropriate
barriers to effectively prevent access to the area,
2. 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 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
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Exhibit A
Conditions of Approval
GPAlZC 05-0743
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,
1. 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:
a. Construction of a new, warranted signal.
b. Modification of an existing signalized intersection to
add additional left turn storage or dedicated right turn
capability,
c. Car crushing of older model cars.
d. Modification to stationary diesel engines, such as for
agricultural use.
e. Modification of fleet vehicles and/or other mobile
sources.
2, 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 compliance 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.
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:
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Exhibit A
Conditions of Approval
GPAlZC 05-0743
1. Review the air emiSSion impact assessment protocol and
quantification of emission estimates attributable to the
project.
2. Accept the estimated monetary value of the emission
reductions to equal the emissions from the project.
3. Locate and implement the emission reductions.
4. 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 Mitiaat;on Measures
3, Should subsurface archaeological remains be unearthed during future
construction activity, work in the area of discovery should be stopped until
the finds can be evaluated.
4. 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 'V;M~
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Exhibit A
Conditions of Approval
GPAlZC 05-0743
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.
Noise
5. Prior to issuance of grading permits, the contractor shall provide evidence
acceptable to the City Planning Department that (1) all construction
equipment, fixed or mobile, operated within 1,000 feet of a dwelling unit
shall be equipped with properly operating and maintained mufflers; (2)
construction activities shall be limited to the designated daytime hours as
specified by the City of Bakersfield (currently 6 a.m. to 9 p.m. on
weekdays and 8 a.m, and 9 p.m. on weekends). No construction is
allowed on Federal holidays, These restrictions apply to all trucks,
vehicles, and equipment that are making or involved with material
deliveries, loading or transfer of materials, equipment service, and
maintenance of any devices for or within the project construction site.
Public Services
6. Pursuant to Government Code Sections 65995, 65996, and 65997,
mitigation of the proposed project's impacts on public school facilities will
be limited to the collection of statutory fees authorized under Education
Code Section 17620 and Government Code Sections 65995, 65995.6,
and 65995.7 at the time that building permits are issued. Currently these
fees are set a $2.24 per square foot, and amount subject to adjustment
every two years. However, if either or both districts adopt the alternative
fees authorized by Government Code Sections 65995,6 and/or 6995.7,
fees required for this project may be significantly higher than the current
amount.
Traffic
7, Intersection street improvements for the year 2025 which are needed to
maintain or improve the operational level of service of the street system in
the vicinity of the project are shown below, which identifies those
improvements not covered by the Regional Transportation Impact Fee
(RTIF) program and the Project's percent share for the cost of all non-
RTIF (local mitigation) improvements.
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Exhibit A
Conditions of Approval
GPAlZC 05-0743
Table 7
Future Street Improvements and Local Mitigation Percentages
# Intersection Total Improvements Local Mitigation Project % Share
Required by 2025 (Improvements n~t for local
covered bv RTIF Mitloation
14 Gosford Road & Install Slgnal- 1 EBT, 1
Taft Highway SR - -
119 WBT, 1 NBL, 1 SBL
11 Oid River Road & Install Signal - 1 EBT, 1
27 Taft Highway SR WBl, 1 WBT, 1 NBl, 1 - -
119 NBT, 1 SBT
40 Green Road &
Taft Highway SR Install Signal - 1 SBT - -
119
58 Buena Vista Road Install Signal - 1 NBL, 1
& Taft Highway - -
SR 119 SBL
59 Buena Vista Road
& McCutchen Install Signal- 1 NBL - -
Road
60 Buena Vista Road Install Signal - 2 EBl, 2
& Panama Lane EBT, 1 EBR, 2 WBL, 2
WBT, 1 WBR, 2 NBL, 2 - -
NBT, 1 NBR, 2 SBl, 2
SBT, 1 SBR
61 Buena Vista Road Install Signal
& Coulter Road - -
63 Buena Vista Road Install Signal
& McKee Road - -
gO Project Entrance
& Taft Highway Install Signal - -
SR 119
Source: Ruet ~ners and Schuler Civil En ¡neers, May 2005.
Notes: (%) Caltrans Percent Share Calculations Method
NB = North Bound
58 = South Bound
we = West Bound
EB = East Bound
L = Left Turn Lane
T = Through Lane
R - Rinht Turn Lane
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Exhibit A
Conditions of Approval
GPA/ZC 05-0743
Table 8
Future Roadway Improvements and Local Mitigation
Total Local Mitigation Project %
Intersection Improvements (Improvements Share for
not cove~~d by Local
Required by 2025 RTIF Mitiaation
Buena ,~i~~a Roa~: Pacheco - Taft Add 2 Lanes
Hlahwa SR 119 - -
Old River Road: Panama Lane - Taft Add 2 Lanes
Hiahwav(SR 119\0 - -
McCutchen Road: Buena Vista - Add 2 Lanes
Prooress Road - -
Taft Highway (SR 119): Allen - Stine Add 2 Lanes - -
Panama Lane: Eta Buena Vista to Add 2 Lanes
Gosford Road - -
Source: Ruettgers and Schuler Civil Engineers, May 2005.
8, Prior to approval of any development plan, improvement plan, or
application for a lot line adjustment, the following shall occur
A. Provide fully executed dedication for Taft Highway to Caltrans
Standards, Buena Vista Road to arterial and Mountain Vista 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. If a tentative subdivision map over the entire GPA/ZC
area is submitted, dedication can be provided with the map.
B, Submit a comprehensive drainage study to be reviewed and
approved by the City Engineer. No more than 1 sump 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. If
only one sump is utilized to serve this GPA/ZC area, it need not be
so located. 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 GPA/ZC 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 that 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.
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Exhibit A
Conditions of Approval
GPAlZC 05-0743
9, 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 Consolidate 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 GPAlZC area.
10. Developer shall pay median fees for Taft Highway and for Buena Vista Road
within the boundaries of the GPAlZC area. The payment of these fees may be
phased to match the construction phasing of the project.
11, Access to the project area from Buena Vista Road and Taft Highway is
provided by sub-standard roads, With the development of the project
area, approved, improved access to the site must be provided. The
required improvements shall be 32 feet of paving meeting City design
standards for a collector road, with 8 feet graded shoulders. If it becomes
necessary to obtain any off site right of way and if the developer is unable
to obtain the required right of way, then he shall pay to the City the up-
front costs for eminent domain proceedings and enter into an agreement
and post security for the purchase and improvement of said right of way,
12. Pay the standard fixed rate residential fees as adopted at time of
development.
City Attornev Condition:
13, 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
harmless 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.
This indemnification condition does not prevent the Applicant from
challenging any decision by the City of Bakersfield 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
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Exhibit A
Conditions of Approval
GPAlZC 05-0743
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.
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EXHIBIT B
Map
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Exhibit C
Legal Description
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ZONE CHANGE
LEGAL DESCRIPTION
BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 30 SOUTH,
RANGE 27 EAST, M,D.B.M., IN THE COUNTY OF KERN, STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS,
AREA 1
LOT "B" OF LOT LINE ADJUSTMENT 144-04 AND CERTIFICATE OF COMPLIANCE RECORDED
IN THE OFFICE OF THE KERN COUNTY RECORDER ON APRIL 15, 2005 AS INSTUMENT
NUMBER 0205095065.
CONTAINiNG 46,37 ACRES, MORE OF LESS
AREA 2
LOT 27 OF THE SECTION 31 SALES MAP OF THE LANDS OF KERN COUNTY LAND COMPANY,
FILED AUGUST 19, 1892 IN THE OFFICE OF THE KERN COUNTY RECORDER.
CONTAINiNG 20 ACRES, MORE OF LESS
AREA 3
LOT 30 OF THE SECTION 31 SALES MAP OF THE LANDS OF KERN COUNTY LAND COMPANY,
FILED AUGUST 19, 1892 IN THE OFFICE OF THE KERN COUNTY RECORDER
CONTAINiNG 20 ACRES, MORE OF LESS
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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 15th day of December ,2005 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4292 passed by
the Bakersfield City Council at a meeting held on the 14th day of December. 2005
and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
123-31 AS RECOMMENDED BY THE PLANNING COMMISSION
AND BY CHANGING THE PREZONING FROM A (AGRICULTURE)
TO R-1 (ONE FAMILY DWELLING) ZONE ON 86,37 ACRES, LOCATED
ALONG THE NORTH SIDE OF TAFT HIGHWAY, GENERALLY
EAST OF BUENA VISTA ROAD (ZC 05-0743)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
CO~ B~ke"'field
By: J...L J¿~
DEP Cit Clerk
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