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Home My WebLink AboutORD NO 4316 ORDINANCE NO. ¡- 3 f'ß AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-07) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO A PUD (PLANNED UNIT DEVELOPMENT) ZONE ON 7.27 ACRES GENERALLY LOCATED AT THE SOUTHEAST CORNER OF MING AVENUE AND GRAND LAKES (FILE # 05-1407) 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 on the southeast corner of Ming Avenue and Grand Lakes (Exhibit "B"); and WHEREAS, the zone change consists of a request to change the zoning from an R-1 (One Family Dwelling) zone to a PUD (Planned Unit Development) zone on 7.27 acres, as depicted in attached Exhibit "C;" and WHEREAS, has a related project known as Vesting Tentative Tract 6681; and WHEREAS, by Resolution NO.13-06 on January 5, 2006, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 05-1407 as delineated on attached Zoning Map No. 123-07 marked Exhibit "C", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which warranted a negative declaration of environmental impact and changes in zoning of the subject property from an R-1 (One Family Dwelling) zone to a PUD (Planned Unit 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, a Negative Declaration was advertised and posted on December 15, 2005, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows residential development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given -1 - L. 'ò/'.K(-ý ò' ~ >- - I- IT - ,... o t" ORIr,I~,^, as follows: 2. The provisions of the California Environmental Quality Act (CEQA) have been followed, 3. 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-referenced absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. 4. The public necessity, general welfare and good zoning practice justify the requested change of zone from the existing zoning district to a PUD (Planned Unit Development) zone. 5. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the general plan. 6. The conditions of approval, attached hereto as Exhibit "An are needed to provide for orderly development, and the public health, welfare and safety; and 7. In accordance with Bakersfield Municipal Code Section 17.52.070, the Planning Commission finds as follows: A. The proposed planned unit development zone and preliminary development plan is consistent with the general plan and objectives of this ordinance; B. The proposed development will constitute a residential environment of sustained desirability and stability, and it will compliment and harmonize with the character of the surrounding neighborhood and community; and C. The proposed development justifies exceptions from the normal application of this code in that it integrates such elements as the location of structures, circulation pattern, parking, open space, utilities and other amenities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided for the common use of persons occupying or utilizing the property. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield 1. All of the foregoing recitals are hereby found to be true and correct. 2. The Negative Declaration is hereby approved and adopted. '( 'èMft$' () ~ >- - .... m _ t- o t:> QRI(:;INA' - 2 - -_....~- ._- --- ...._.. -~-~'--'--'--'-"~-'--"-'---"---""- 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. No. 123-07 marked Exhibit "E" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "D ". 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A". 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 - ~ ~Mê1 () ~ >- - \- m _ r- '-' c:- ORIGI~IAI the I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by Councjl Ofg the City of Bakersfield at a regular meeting thereof held on MAR 2006 by the following vote: VV'......... v v/' COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN. SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~6~~ ABSTAIN: ABSENT: PAMELA A. McCARTHY, CM CITY CLERK and Ex Officio Cle of the Council of the City of Bakersfield APPROVED MAR 8 200S , HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: &utìn iPtWft t/ Exhibits: A, Conditions. B. Location Map, C. PUD site plan, landscaping plan and elevations D. Zone Map E. Legal Description Jeng \ S:\TRACTS\6681\05-1407\CCIOZC-CCDOC February 18, 2006 - 4 - ~ 'òAKê?, c ~ ~ m r- V tc ni:llGINAI --------...-- ---------..____,-. ~~_..~____. _ ____..______·___····T_______ EXHIBIT "A" CONDITIONS OF APPROVAL ZONE CHANGE #05-1407 CITY ATTORNEY 1. 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 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. PLANNING 2. The Homeowners Association (HOA) for the subdivision or other HOA, such as the "Homeowners Association", as approved by the City Attorney, shall maintain the common areas including the private street and private landscaping. Prior to recordation, subdivider shall submit HOA and CC& Rs to the City for review and approval. Orderly development. 3. All development shall be consistent with approved Vesting Tentative Tract 6681 and P.U.D Zone Change # 05-1407 plans as conditioned unless changed in response to conditions as approved by the Planning Director and Public Works Director. 4. Dwelling unit setbacks are approved as follows: Front yard setback: 20 feet For flag lots: In accordance with BMC Section 16.28.170.E, subdivider shall submit a map showing the non-buildable area serving as the access portion of the flag lots, the dimensions and area of the remainder of the lot. A non-buildable easement shall be recorded on the access portion which will define building to property line setbacks on each flag lot. By jong / S:lZoneChangelO5-1407\CCIExhA.doc February 18, 2008 ~ 'òAKê1 Q ~ >- ¡;; _ t- ,,) C:> f)RIr,INAI Exhibit "A" PUD ZC # 05-1407 Page 2 of 6 5. The required wall along the south boundary separating the tennis courts from the residential lots, For orderly development. 6, Subdivider shall replace landscaping removed or disturbed on Grand Lakes Avenue (example: at the entry street) into the tract and along Ming Avenue (if disturbed during construction) with matching landscaping as approved by the Parks Department. For orderly development. 7. ¡fduring construction activities or ground disturbance, cultural resources are uncovered, the subdivider shall stop work and retain a qualified archeologist for further study, Subdivider shall notify the proper authorities and be subject to any mitigation measures required of the archeologist. Mitigation measure as recommended by California Archaeological Inventory, CSUB, October 24, 2005 letter. 8. Subdivider shall be required to prepare a pre-construction survey for kit fox prior to ground disturbance. Mitigation measure, SITE PLAN REVIEW CONDITIONS AND ORDINANCE COMPLIANCE The following are specific items that you need to resolve before you can obtain a building permit or be allowed occupancy. These items include conditions and/or mitigation required by previous site entitlement approvals (these will be specifically noted), changes or additions that need to be shown on the final building plans, alert you to specific fees, and other comments that will help you in complying with the City's development standards. The item will note when it is to be completed and each has been grouped by department so that you know who to contact if you have questions. A. DEVELOPMENT SERVICES - BUILDING (staff eontact - Mike Quon 661/326-3676) 1. An approved grading plan is required prior to final plan approvaL The developer shall submit 4 copies of grading plans and 2 copies of the preliminary soils report to the Building Division. A final soils report shall also be submitted to the Building Division before they can issue a building permit. Please note that grading plans must be consistent with the final building site plans and landscaping plans. Building permits will not be issued until the grading plan is approved by both the Building Division and Public Works Department. 2. Show on the final site plan how and where water will be drained ITom the property. By jong I S:\ZonoChangeI05-1407\CClExhA. doc February 18, 2006 ~ ~M(?, C) ~ >- - r- m ..- r- " <:- nRIGINAI Exhibit "A" PUD ZC # 05-1407 Page 3 of 6 3, The developer shall include fire resistive wall construction details with the final building plans for all exterior walls of any building that are within 20' of property lines if it is commercial, or 5' of property lines if it is residential. 4. Include with or show on the final building plans infonnation necessary to verify that the project complies with all disability requirements of Title 24 of the State Building Code. 5. The Building Division will calculate and collect the appropriate school district impact fee at the time they issue a building permit. 6. Pinal building plans shall show pedestrian access pathways or easements for persons with disabilities trom public rights-of-way that connect to all accessible buildings, facilities, elements, and spaces in accordance with the California Building Code. These pedestrian access ways shall not be parallel to vehicular lanes unless separated by curbs or railings, B. DEVELOPMENT SERVICES - PLANNING (staff eontact - Dave Reizer 661/326-3673) 1. The minimum parking required for this project has been computed based on use and shall be as follows: Use Number of Dwellin!! Units Parking Ratio Required Parkin!! Single Family Residential 29 D.U.'s 2 spacesJD.U. Total Required 58 SDaces S8 Spaces (Note: The final site plan shall show that the minimum parking standards have been met. By ordinance, compact and tandem spaces cannot be counted toward meeting minimum parking requirements) 2. Minimum parking stall dimensions shall be 9' wide x 18' long. Vehicles may hang over landscape areas no more than 2 Yz feet provided required setbacks along street trontages are maintained, and trees and shrubs are protected trom vehicles, 3. All parking lots, driveways, drive aisles, loading areas, and any other vehicular access ways, shall be paved with concrete, asphaltic concrete (A. C.), or other paved street surfacing material in accordance with the Bakersfield Municipal Code (Sections 15.76.020 and 17.58.050 N.). 4, Habitat Conservation fees shall be required for this project and will be calculated based on the fee in effect at the time we issue an urban development permit (includes grading plan approvals) as defined in the Implementation/Management Agreement (Section 2.21) for the Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of the fee, the applicant will receive acknowledgment of compliance with Metropolitan Bakersfield Habitat Conservation Plan (Implementation/Management Agreement Section 3.1.4). This fee is currently $1,240 per gross acre, payable to the City of Bakersfield (submit to the Planning Division). This fee must be paid before any grading or other site disturbance occurs. By ¡eng / S:\ZoneChangeI05-1407\CClExhA.doc February 18, 2006 ~ ~Mf~ C) ~ ;,.., - ,.... m - r- " (:- r')¡:¡lnINAI Exhibit "A" PUD ZC # 05-1407 Page 4 of 6 5. NOTICE - This project is within an area of documented "known" den sites for the San Joaquin kit fox. A kit fox clearance survey is needed urior to ap,proval of a lITading ulan and any 1IT0und disturbance to detennine if kit fox dens exist on the site. The Planning Division is to receiye a copy of this clearance survey. This also requires that the applicant provide notice to wildlife agencies at least 5 business days before grading occurs and/or any found den sites are excavated. Fonns and instructions are available at the Planning Division, Please contact Jennie Eng at (661) 326-3043 if you have questions concerning this matter. (Metropolitan Bakersfield Habitat Conservation Plan Implementation/Management Agreement Section 4.7.4 & Bakersfield Municipal Code §15,68.070). 6. Refuse collection bin enclosures and container areas are subject to all required structural setbacks from street frontages, and shall not reduce any parking, loading or landscaping areas as required by the zoning ordinance. 7. In the event a previously undocumented oil/gas well is uncovered or discovered on the project site, the developer is responsible to contact the Department of Conservation's Division of Oil, Gas, and Geothennal Resources (DOGGR). The developer is responsible for any remedial operations on the well required by DOGGR. The developer shall also be subject to provisions ofBMC Section 15.66.080 (8.). 8. The developer shall meet all regulations of the San Joaquin Valley Air Pollution Control District (Regulation VIII) concerning dust suppression during construction of the project. Methods include, but are not limited to, use of water or chemical stabilizer/suppressants to control dust emissions from disturbed area, stock piles, and access ways; covering or wetting materials that are transported off-site; limit construction-related speeds to 15 mph on all unpaved areas/ washing of construction vehicles before they enter public streets to minimize carryout/track out; and cease grading and earth moving during periods of high winds (20 mph or more). C. FIRE DEPARTMENT (staff eontact - Dave Weirather 661/326-3706) I. Show on the fmal building plans the following items: a. All fire lanes as identified on the returned plans. Any modifications shall be approved by the Fire Department. Fire lane identification signs shall be installed every 100 feet with red curbing when curbing is required. All work shall be completed before occupancy of any building or portion of any building is allowed. All fire hydrants, both off site (nearest to site) and on-site. Include flow data on all hydrants. Hydrants shall be in good working condition and are subject to testing for verification. Fire flow requirements must be met prior to construction commencing on the project site, Please provide 2 sets of the engineered water plans to Dave Weirather. (Note: All new fire hydrants must be purchased from the Fire Department.) By ¡ong / S:\ZonoChango\05-1407\CClExhA.doc February 18, 2006 b. ~ 'i';>Mê1 Q ~ ::: m ""' r- ~ Ö ")I'IIGINAL _..-_...- ._~ Exhibit "A" PUD ZC # 05-1407 Page 5 of 6 2. The developer shall show on the final building plans a minimum 20' wide all-weather emergency access with an overhead clearance of 13'6 "within 150' of all buildings on the project site. The Fire Department must approve the final location and design of this access prior to building pennits being issued. This access shall be constructed before building occupancy will be granted. 3, All access (pennanent 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. D. PUBLIC WORKS - ENGINEERING (staff contaet - George GiUburg 661/326-3997) I. The developer shall install new connection(s) to the public sewer system. This connection shall be shown on the final building plans submitted to the Building Division before any building pennits will be issued. 2. If a grading plan is required by the Building Division, building pennits will not be issued until the grading plan is approved by both the Public Works Department and Building Division. 3. If the project generates industrial waste, it shall be subject to the requirements of the Industrial Waste Ordinance. An industrial waste pennit must be obtained from the Public Works Department before issuance of the building pennit. To find out what type of waste is considered industrial, please contact the waste water treatment superintendent at 661/326-3249. 4. Before any building or site can be occupied, the developer must reconstruct or repair substandard off-site street improvements that ITont the site to adopted city standards as directed by the City Engineer. Please call the construction superintendent at 661/326-3049 to schedule a site inspection to find out what improvements may be required. 5. A street pennit ITom the Public Works Department shall be obtained 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 pennit. 6. A sewer connection fee shall be paid at the time a building pennit is issued. We will base this fee at the rate in effect at the time a building pennit is issued. 7. A transportation impact fee for regional facilities shall be paid at the time a building pennit 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 building permit is issued. The Public Works Department will calculate an estimate of the total fee when you submit construction plans for the project. '9!\1(~?> S. tf> '" ... - ,.. m _ l"- t.:> C> lìRIGINAl By ¡ang I S:\ZoneChanga\05-1407\CClExhA.doc Fabruary 18, 2006 Exhibit "A" PUD ZC # 05-1407 Page 6 of 6 8. The legal description (ie. lot and tract number and/or assessor's parcel number) shall be shown on the final building plans. 9. All storm water generated on the project site, including the street ITontage, shall be retained onsite unless otherwise allowed by the Public Works Department (please contact the Public Works Department - Subdivisions at 326-3576), E. PUBLIC WORKS - SOLID WASTE (staff eontaets - John Wilburn or James Scrivano 661/326-3114) 1. You must eontaet the staff oerson noted above before buildinl! oermits ean be issued or work be..ins on the orooertv to establish the level and me of serviee neeessarv for the eolleetion of refuse and/or reeveled materials. Collection locations must provide enough containment area for the refuse that is generated without violating required zoning or setback restrictions (see Planning Division conditions). Levels of service are based on how often collection occurs as follows: *Cart service * Front loader bin services * Roll-off compactor service I cubic yard/week or less I time per week I cubic yard/week - 12 cubic yards/day More than 12 cubic yards/day 2. Residential properties of 3 units or less will be serviced with automated carts. Every dwelling unit must have its own cart and no more than 3 carts will be allowed for each parcel. Carts must have a location when not out for collection (this area shall be clearly shown on the final building plans). Collection shall be determined by the Solid Waste Division, may be provided ITom the street curbside or alley. 3. Cul-de-sac design must be approved by Public Works Director, so that trash trucks can maneuver unhindered. By jeng / S:lZoneChangeI05-1407ICClExhA.doc February 18, 2006 ~ 'òMft2 C) ~ >- - ... m _ r-- Q t:) I1RIGINAI r-- o ...... "II""'" I LO o W (9 z « I ü W Z o N ~ ~ ~ Z iillII ~ ; "S - ~ '" ;¡ g _.------- g ;¡ g lWW:) ~.LSIA i è g=i ..;t....~. Q:: II ' ;¡ ) ~ '< '(¡ME-$> () ~ >- - t- m _ r- o t:> ORIGINAL cs::JI-- .....~_._- ~~~ it I i !IS I ~I i II!I!; ;1 Ii 1'11'111. ; it.. i. i;1 11=11 11,:srl :;= .1 ~.. ~~ ~ !It !I~. i ! ': ¡,I m ~ I·, US t ¡hi ""ii ,iiiwm ,. i I I~ . h !illl .. II IIIHsf.il ~ i I 1M 'II I !I"! ~!b! IIII æ lib ""'..oµ. _~.. . Ct..,...... "'0 _~- ....- .IÞ-~,," -~'Q'11QI- 1IInC:)~";a¡'. ___. ·s. ~~- EXHIBIT "C" I I ," Ili!,I! II 111;;11111; IIIIMMU'UUul ~'I Tùi i ". ¡ 1.,., I. ~ I ¡ Iii ¡ I . . N" II _~o .-' 1-....'1 '0' ...... : "'~ . "', . T--iLl I -~ < ~ '~iT! ¡ ~ ~ ~___V -- r. ~::: ®¡ ..... '""' =-- -I .,," , , ~ " ..:.~ I I ell; <5 ~9þO....0002'O 4"0 Oed b0ly . 's .~. <c'" ""-.::Jo" *"'0,) ?·'f <, " ~ ~ Z ~ > c :~ z 12 ! " " Ii -'''''.._-- ¡' #.. , ~ I, 11_. --- ___ L .ø 'auI lff"WiIIIVf1'cI ----.,,--- '/!Iv:! ,~oOJ ¥ al1B8a - L .... -.r f I I I L_,____..___ r-;, rJ I. Ii ~ I I ('! ~ f S . i ~ ! -_.......~._----------.- . . . . " < u o > z z ~ ~ X '¢F>.K l' ~~ () ~ ;:.... - ¡- m - ,... <.J C:; ORIGI AI EXHIBIT "C" ~~ Øo 1_ ~<;.J. ....- h'.·· V'~. ~~== ~ ... ..... ~'b'~~......¡,. ~ ~ f"'l.N.I I ¡qrM ./I,*~ po.;r7I_ ~""" cd.<H1>-L- ..d:L-- ~JF'..J:!!! dJ+!::. VlL-L-ì\€7 @, ~ya-.j ~S . _·__I~.... __. ...--"1. It~ <i/oel~· ~ 'QAlIft9. a ~ >- - I- m _ r- <.) C) ORI(;INAI '..,ICiV') "1 \1\ ~ \\ 'i 1> 1 . ""_¡:,II , . ~ m ,... , <:- - . AIr,I~þl .- .; EXHIBIT "C" .. (pol-~ ¡¡Ill. !?&;I~I øJ t- I O"~, WII¡~'" tj " ftJ -""'~~o. ~ 1ö_"j.i.... - --- - - h-·.z:Z -ç>'G; f'J"{. "1- r,;-oE> ~¥lL..L.A~ ~~~ ~~ ~~lULc:_~Ø~I~ '..' 111bo."" ~ -". ~ --,. 1> 1 J. >- ~.~~~~~ EXHIBIT "C" fL.i',N !l. e/..-tþð C\Io....178<:> '9"""Al-J~ .~ ==-"=-~ 1\ ~z. pa..: 1,Þ'fo t!'"+møo ~~.eI'-r)- .~ ~ ~ "2."""'''176:> ~~ c.ol.&NI)ro..L.- .d1- æ:'L~~== .Þ YI~'Ó @. ~\/I=:N ~ r~...... "- ....~ à.J JI=OI<N I,).., 4/De/O,? 171W . ' '< ~Mf-9 o ~ >- ñí >;:, ,.... v ORIGINAC' IJ -I ~ :.~ - \\. -() -". \ . -~ Q . -' z ~f 4- .. (øO'-.t/!/I". EXHIBIT "C" r;'-J ~-oQ ~..!'kI':1Q .€. ~~.1$1, ··I---.jcl~-.:r I - . f' ~ ~I ø:i t I I I I I ~I I w ..._ ;: ~=~--¡r---:~1 i111~êl I I I -- i... .,~ ,_Iq-)( ':::] .. 1kAJ.l ~ . ~!!O'.""~. ,?I..J ~ ~ ¡e,-"'1-&>¡;; ~ FE-It "I -<Xp-c:>S ~.~ ~~~'ta-L ~~ .....',. .,' .~_ ~I~~ 111Þ".P¿::O ~Mt?> ð- ~ >- ñi . r- 1,) Cè 0RIGINAI -... ø.........._..........._I........, EXHIBIT "C" l----I~---~-I-~--Î I !.!.' I~---...j. I I I I II II, I I I I , I I I I I I I I 1 I I I I I' . I I l_-~ -I---~----+ ..,'~P~ ~ , ':-:~¡..¡.p fl&'PI"-, ··~,"I~ ~.~ ~.c$ --~." ..~.. ~pþlt.t4'^ 'X1~~~ 'òM~1' ¿. ô' "'" >- - f- m - ,.... ~ !)RIGINAI .. JA.III&*___~,1'LUIIIIi ----..--- EXHIBIT ,"C" 1 I ----î " . I I I I , I I I I I I I I I I I I L--J!7~ ï---·- I I I I l I I I I I I I I I 1 I I I I -L-------+ -\i-='."""'~ I '1 'jL I . I II,''\+-l-,.~ , -. , ',' --Y~ ~ otTlQNÄL .1Q:::lU5 PM. . ~¡.j.p fW'PI'- AP~ ,·70?';Q,Fr 'òÞ-KS-)i ð- ~ ~. >- .g:. . C) . . .' tG1NAL ., j, j- ......... UUØIlfS NDIJ!CItÆ. /'IJ --_.._~- ~~I~~~~.~ Q...;.,,1-n-c:; EXHIBIT "C" ~~,*",.I1I_ ~~ 'tI£- :..~== P\..ÞN.'? "/"11- . pIo....mlk» ~ b"-e;F". .~ ,~"f ~ ~ ~171ÞO .....,.¡,...+~1>4.. tI£-. ::-~~..æ . ~ YlLLA'Ó @. ~Vt::N C>~ ~ ~ co~ c;N..~Iþ... '1JOl'fo!p. 111l!>O x~MS-?> o % >- - ~ .- - f:!] ¡) ORIG\MAf t l.C:lI·Ö'· -, j EXHIBIT "C" -~ -, ¡ : FfJI-d' ,&>1_011 !:I-d' ------- . . /.'" . I I I I I ~I ------- ~mt. ~ a~fl. I " . I ,,¡ '" Z. ~- - _::- II ~;~----~~ II lœ \ III QIt. \ II I I :i ~Ô~~-¡ : - \) _1 ¡-.. -\\ I -11\ - -(\ -' ~ . . ¡ .. ..._'...,;o!I,~,. '",",,",,,'_ ..-.-----.., - ~Lr--I..,· 7;21",..y~ s· þ-;¡ ..."" tw/. "1-(77-0'5 ~ Vlt..L.A~ (3. ~p¡.l ~60 ~"'Ø .:~ ~~~ 1"11Þ,;>.PC? _._--_.~_.. .-.. -,------ -------- EXHIBIT "C" ..~,c, M~I~' QFFI- -ðð """""" ~~ ~....~....~--~ I .·'...n_ .._ _ _ ,~...,J '-,,'-, vN""--'-- ',:;kPD'5 &1 ~.~ /~', . ~ J~lAN ~ 'oe1oN ~ ~ ~7au~1"'f ~#~Vl~(S;CÀ~~ O~e.:, 1Jbf~ ·tIt~~~~~~ . '=.::':'l1'l'~~ :-:~cnt~~-. EXHIBIT "C" t------- ,___-1 I I ,-----+ I I r+ I I I I I I I I I ,L-----+ ~I....e{ . , 9'fU'O"( '. , I +1 1 I " I L- _-J:--+'I4G ~ð ,~~\iIZ.. "1f-h?· VI l,...(.A€:> e ~~ ~ ~ .. ~ ~~IA 111~¡Q.? ~-~~ 'e/!l' Mf?> (11 '. '"" ;~~ .- ...----- EXHIBIT "C" I----~- ,_-':-_ --I- . ' ! t- r------+ I I I I r I I I I I I I I I I , I I I I __ __-+ -¡- ," t=I'- 1 I I I I I L - --:- -..:¡:--I-~ ; ~ ..' ~ ~ q>T101J 11+~VI~,(B,~ ~ ~ .. ~c::Ø ~~IA 111bq;>c>..-- &io -~1 -0", '< 'òM~1' o ~ >- - ~ p: Q Ç:: . J~ ORIGINAl , " t:J':lT- , ".' ~ uøuø__NØnlI:R/1IE&1U/MItl ----..--- ---._:_~~. '. ' !;., . ~.'J ··i' , ~!; " ,~ .~ .. '6 " ·Ua :ii-) !~.!~ ~'::...as j ',,'" . T . i;i.~ ..; I !i-:fJ ~ ~"'.g .. iï~1 i ;i-_ . ~ . .'¡ '" !o ¡A tO~ . pi;' ~!i "1m .i" M. i;~ ~,,'i ~¡~! I, ~II!"I ~ ,.j, . ;!~' : ':..1i! ; e. . ;,i.. ! ,~, I "" ¡ .~;.r . ,~;~ It. I ~f1~ Ii ~~i ;!! "". S! ~i~ ¡ :1 I "_ ¡;¡ ¡:: " ." .§§ "§ . ~ HH~I' " I ;!'i: r~ il -~'i~_ ~. ~. - " ¡ . I I> ~.~·-l-'---'I " :111~IH:j~~!~mi: .: . ;;~.~..... 'G '1oXIS I#lðü ~ a¡'if'~;I;~~!tN:i ~ t ~§;t.¡' ~ g~ j~ ¡!o ! ~!! i 5 S ~~;¡JI~ 5 jg~ ~:t!;~¥~~~:: g'.~'~'~"'"'' ,U<i' I w;wli;i~!!~~! t¡~ !s5 i ~ § § ~ " . . ~ §~ ~i...~~ ~ .. ~N 'I: å I....!( :: II: z¡ Ii _ Ñ.. 0 .. ~ ...X!i ¡¡~;~...:I i ~:~r'"'!;~f!:::I~r 1¡6~~¡!:t~..tZ~~~ =. ~ S ~i ¡Ij ~ ~ =; ~ ¡' w ~ ':: ",s·,o"¡¡'288 '. '~~i!i~fs~~2~ð=~ f'-w Of;; , œ:. 'r;'")' N ..- " -- ....-. Ii I. . I. . t:~ i -.. :¡ "" wi" 5~1l¡ 9CL... ~«o ' ~:E8 ... '" ..- me;) Z I5Z:5 ''''0' 5N~ ~., ~Jtm . '!I:;: '~i .o:i··o '3.. '.... ;¡t :t¡~ : : ~~~~~~~;¡SW~¡.5'Q~:~:.~1 ...--- EXHIBIT "DR ZONE CHANGE 05-1407 CÐ "'" H.r~ .." HS + - . .. .j T .. Ai; -, ! '" .1_.. oc:i t-=! "'7!!: 0:::"';" 11:' ¡ i¡ ? ~ ~ ~ I . ,¡ ! if .; '" ,-----..- II; , ¡ , , IIglI , II , h~ , , , , ~ 11) , " ---- , .. ~m iU! ¡ -j¡: ¡ ;¡¡ ¡ ¡~ .. ~ + CJIJO'I II'DIIo ........- T - -, x ~ ~~?> I, !p ZQtING MAP 123 - 07 " ',~ _L' .! m -~ 't-- ';, c:;, '"I!:I~I¡'¡AL EXHIBIT "E" ZONE CHANGE LEGAL DESCRIPTION BEING A PORTION OF SECTION 7, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: R-t pun (FROM R-t) COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 7; THENCE SOUTH 89°11'45" EAST, ALONG NORTH LINE OF SAID SECTION, A DISTANCE OF 2354.40 FEET; THENCE SOUTH 00°48'15" WEST, AT RIGHT ANGLES TO SAID NORTH LINE, A DISTANCE OF 77.59 FEET TO THE POINT OF BEGINN1NG; THENCE ALONG THE FOLLOWING SEVENTEEN (17) COURSES: 1) SOUTH 53°59'45" EAST, A DISTANCE OF 162.82 FEET; THENCE 2) SOUTH 01 °05'15" EAST, A DISTANCE OF 162.55 FEET; THENCE 3) SOUTH 10°38'55" WEST, A DISTANCE OF 176.63 FEET; THENCE 4) SOUTH 24°30'12" WEST, A DISTANCE OF 188.43 FEET; THENCE 5) SOUTH 26°30'32" WEST, A DISTANCE OF 243.52 FEET; THENCE 6) NORTH 59°39'24" WEST, A DISTANCE OF 410.09 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADillS OF 1001.50 FEET, FROM WHICH POINT A RADIAL BEARS NORTH 60°26'09" WEST; THENCE 7) NORTHEASTERLY SAID CURVE, THROUGH A CENTRAL ANGLE OF 28°45'38", AN ARC DISTANCE OF 502.72 FEET; THENCE 8) NORTH 00°48'13" EAST, A DISTANCE OF 113.29 FEET; THENCE 9) SOUTH 89°11 '46" EAST, A DISTANCE OF 3.34 FEET; THENCE 10) NORTH 00°48'14" EAST, A DISTANCE OF 2.66 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADillS OF 24.00 FEET, FROM WHICH POINT A RADIAL BEARS NORTH 00°48'14" EAST; THENCE 11) NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°26'26", AN ARC DISTANCE OF 37.88 FEET; THENCE 12) SOUTH 89°38'12" EAST, A DISTANCE OF 2.67 FEET; THENCE 13) NORTH 00°21 '48" EAST, A DISTANCE OF 3.34 FEET; THENCE 14) SOUTH 89°38'12" EAST, A DISTANCE OF 35.90 FEET; THENCE 15) SOUTH 84°08'57" EAST, A DISTANCE OF 125.49 FEET; THENCE 16) SOUTH 89°38'12" EAST, A DISTANCE OF 51.34 FEET; THENCE 17) NORTH 86°15'09" EAST, A DISTANCE OF 64.40 FEET TO THE POINT OF BEGINNING. MciNTOSH & ASSOCIATES 2001 Wheelan Court Bakersfield, CA 93309 (661) 834-4814 '1 ~ q 'Ð~"'K(?> o <!.:, >- - m 1:;:: ,.... Page 3 of18 v (:) ()RIGINAI CONTAINING 7.27 GROSS ACRES, MORE OR LESS. Q:\PROJECfS\680772\LEGALS\0772Pl)D.doc GClBDM 9-08-05 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 -ª1!:L day of March, 2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4316 passed by the Bakersfield City Council at a meeting held on the 8th day of March, 2006 and entitled; AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06,020 (ZONE MAP NO. 123-07) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO A PUD (PLANNED UNIT DEVELOPMENT) ZONE ON 7,27 ACRES GENERALLY LOCATED AT THE SOUTHEAST CORNER OF MING AVENUE AND GRAND LAKES (FILE #05-1407) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of ~kersfield By: ~\1tc ~~ DEPU Cit lerk S:\DOCUMENlìFORMSIAOP. ORD, wpd X ~/l.KS-9. o ~ ,.. - _ m - ,... ., C:> f1RIGINAL