HomeMy WebLinkAboutORD NO 4321
ORDINANCE NO.
;&321
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
142-01 AS RECOMMENDED BY THE PLANNING
COMMISSION AND BY CHANGING THE PREZONING FROM A
(AGRICULTURE) AND E (ESTATE) TO C-2 (REGIONAL
COMMERCIAL), R-S (RESIDENTIAL SUBURBAN) AND R-1
(ONE FAMILY DWELLING) ZONES ON 56.64 ACRES,
GENERALLY LOCATED SOUTH OF TAFT HIGHWAY, EAST
OF WIBLE ROAD. (ZC 05-0425) (Ward 7).
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 Hughes Partners LLC., to change the land use zoning of those
certain property being annexed to the City of Bakersfield generally located south of Taft Highway,
east of Wible Road; and
WHEREAS, by Resolution No. 211-05 on December 15, 2005, the Planning Commission
recommended approval of an ordinance to amend Title 17 of the Municipal Code from A
(Agriculture) and E (Estate) to C-2 (Regional Commercial), R-S (Residential Suburban) and R-1
(One Family Dwelling) zones as delineated on attached map marked Exhibit "B", and this Council
has fully considered the recommendations made by the Planning Commission as set forth in that
Resolution; and
WHEREAS, the Planning Commission, as a result of said hearing, did make several general
and specific findings of fact which warranted a negative declaration of environmental impact; and
WHEREAS, the Planning Commission recommended approval of the proposed changes in
zoning of the subject property from A (Agriculture) and E (Estate) to C-2 (Regional Commercial),
R-S (Residential Suburban) and R-1 (One Family Dwelling) zones on 56.64 acres and the Council
has considered said findings and all appear to be true and correct; and
WHEREAS, the applicant wishes to develop commercial and industrial 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
November 1, 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.
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3. The provisions of the California Environmental Quality Act (CEQA) have been
followed,
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 C-2 (Regional Commercial), R-S (Residential
Suburban) and R-1 (One Family Dwelling) zones on 56,64 acres generally located
south of Taft Highway, east of Wible Road.
6. The project site, with prior approval of General Plan Amendment No, 05-0425, is
designated LR (Low Density Residential) and UER (Urban Estate Residential) on the
Metropolitan Bakersfield General Plan Land Use Plan,
7. The recommended zone change will reflect the previously adopted General Plan
Amendment No. 05-0425.
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. 05-0425.
10. That Zone Change No. 05-0425 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 from A (Agriculture) and E
(Estate) to C-2 (Regional Commercial), R-S (Residential Suburban) and R-1 (One
Family Dwelling) zones on 56,64 acres on Map No, 142-01, of that certain property
being annexed to the City of Bakersfield as described in Exhibit "C" herein attached.
12. That Zone Change No. 05-0425, 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. 05-0425.
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
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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,
05-0425.
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 passedaa~adcwt2adlr the Council
of the City of Bakersfield at a regular meeting thereof held on M , by the
following vote:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk the
Council of the City of Bakersfield
APPROVED
MAR
HAR Y L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
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By: !c{;(;u;c m ' u
Attachments: Exhibit A - Conditions of Approval
Exhibit B - Map
Exhibit C - Legal Description
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Exhibit A
Conditions of Approval
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EXHIBIT A
Conditions of Approval
General Plan Amendment/Zone Change 05-0425
Air Qualitv Mitiqation 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:
2. 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.
3. 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.
4. Reduce speed on unpaved roads to less than 15 miles per hour.
5. Installand 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.
6. 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.
7, Control fugitive dust emissions during land clearing, grubbing, scraping,
excavation, leveling, grading, or cut and fill operations with application of
water or by presoaking.
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Exhibit A
GPAlZC 05-0425
Conditions of Approval
Page 2 of 6
8, When transporting materials offsite, maintain a freeboard limit of at least 6
inches and cover or effectively wet to limit visible dust emissions.
9. Limitand 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).
10, Stabilize the surface of storage piles following the addition or removal of
materials using water or chemical stabilizer/suppressants,
11, Remove visible track-out from the site at the end of each workday.
12. Cease grading activities during periods of high winds (greater than 20 mph
over a one-hour period),
13. Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and
restrict use of cutback, slow-cure and emulsified asphalt paving materials.
14. Project site shall not be cleared of existing vegetation cover until required
by construction.
15. The project developer shall revegetate graded areas as soon as it is
feasible after construction is completed.
16, 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.
17. Construction contractor shall provide written notification to the APCD
within 10 days prior to the commencement of earthmoving activities via fax
or mail.
18. 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.
B. Ozone Precursor Emission Mitigation Measures
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Exhibit A
GPAlZC 05-0425
Conditions of Approval
Page 3 of 6
The following mitigation measures are recommended to further reduce the
potential for long term emissions from the completed project:
19, The developer will provide:
o Sidewalks and/or pedestrian paths
o Bike lanes/paths connecting to bikeway system
o Transit shelters and/or benches in cooperation with existing
transit provider
Cultural Resources Mitiqation Measures
20. 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.
21. 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 Califomia Public Resources Code which
details the appropriate actions necessary for addressing the remains) and
the local Native American community shall be notified immediately.
Hazards and Hazardous Materials
22. A Phase I Environmental Site Assessment shall be prepared for the
Project site to determine potential hazardous wastes.
Division of Oil. Gas and Geothermal Resources
23. If excavation or grading operations uncover a previously unrecorded well,
the Division district office in Bakersfield shall be notified of such well and
may require remedial operations.
Public Works Department Conditions
24. Prior to approval of any development plan, improvement plan, or
application for a lot line adjustment, the following shall occur:
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Exhibit A
GPAlZC 05-0425
Conditions of Approval
Page 4 of 6
a) Provide fully executed dedication for the east % of Wible Road to
arterial standards and for Hughes Lane to collector standards, and
the south % of Taft Highway as a State Highway for the full frontage
of the area within the GPAlZC 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 GPAlZC 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 2 sumps 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 GPAlZC 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 GPAlZC 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.
d) In order to preserve the permeability of the sump and to prevent the
introduction of sediments from construction or from storm events,
all retention and detention basins (sumps) shall have a mechanical
device in the storm drain system to remove or minimize the
introduction of oil, grease, trash, and sediments to the sump, This
device shall be reviewed and approved by the City Engineer, and
shall provide the greatest benefit to the storm drain system with the
least maintenance cost.
25, 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
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Exhibit A
GPAlZC 05-0425
Conditions of Approval
Page 5 of 6
of any development plan, tentative subdivision map, Site Plan Review, or
application for a lot line adjustment for any portion of this GPA area.
26. Payment of median fees for the arterial frontage of the property within the
GPAlZC request is required to be paid prior to recordation of any map or
approval of any improvement plan for the GPAlZC area.
27. Improvements on Wible Road and Taft Highway shall include the property
at the southeast corner of the intersection. Improvements shall include
paving, curb, gutter and sidewalk, 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.
28. With development within this GPAlZC, the west half of the Hughes Lane
canal crossing of the West Branch of the Kern Island Canal must be
co nstructed.
29. the development shall pay into the adopted Regional Traffic Impact Fee
fixed rate program.
City Attorney Condition
30. 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
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Exhibit A
GPAlZC 05-0425
Conditions of Approval
Page 6 of 6
obligations of this condition apply regardless of whether any other permits
or entitlements are issued.
31. 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.
Williamson Contract Fee
32, Prior to any further development of the project site, the payment of the fee
calculated by the Kern County Assessor's Office, the calculated fee is
$282,250.00.
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Exhibit B
Map
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Exhibit C
Legal Description
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03621
E ZonetoR-IZone
All that portion of the North Half of Section 1, T. 31 S., R. 27 E., M.D.M., in the
County of Kern, State of California, more particularly described as follows:
Commencing at the Northwest comer of said Section; thence S 89°03' II"E along
the North line of said Section a distance of565.00 feet to the Northwest comer of that
certain parcel of land conveyed to Mike Giminiani by document recorded December 30,
1941, in Book 1065, Page 487, of Official Records; thence S 00° 45' 20" W parallel to
the West line of said Section 1, a distance of 175.00 feet to the Southwest comer of said
parcel; thence S 89° 03' 11" E parallel to said North line a distance of 195.36 feet to a
point in the Easterly Boundary of that certain parcel ofland conveyed to S.F. Smith by
deed recorded March 24,1914 in Book 267, Page 152 of Deeds; thence S 14° 23' 40" E
along the East line of said Smith parcel a distance of 160.73 feet to a point of intersection
with the South line of the North 330.00 feet of said Northwest Quarter, said point being
the true point of beginning; thence continuing along said East line S 14°23' 40" E a
distance of 546.07 feet; thence continuing along said East line S 0° 09' 40" E a distance
of244.59 feet; thence N 54° 39' 07" E a distance of 199.87 feet to a point of intersection
with the North line of the South 1620.00 feet of said Northwest Quarter; thence S 88° 25'
15" E along last said North line a distance of 1531.85 feet to a point of intersection with
the East line of said Northwest Quarter; thence N 0° 46' 45" E along said East line a
distance of399.75 feet to the Southeast comer of Tract No. 2872 recorded in Map Book
14, at Page 165 in the Kern County Recorders office; thence N 89° 03' 11" W along the
South line of said Tract a distance of890.18 feet; thence N 0° 45' 20" W a distance of
270.00 feet to a point of intersection with the South line of said North 330.00 feet; thence
N 89° 03' 11" W along said South line a distance of 165.74 feet to the Northeast comer of
that portion of Parcel 2 shown as exception "c" in document no. 0204043395; thence
along the boundary of exception "c" the following three courses;
1.) thence S 0° 45' 20" W a distance of 50.00 feet;
2.) thence N 89° 03' 11" W a distance of 165.00 feet;
3.) thence N 0° 45' 20" E a distance of50.00 feet to a point of intersection with
last said South line;
thence N 89° 03' 11" W along last said South line a distance of619.06 feet to the true
point of beginning.
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03621
E (1) Zone to R-l Zone
All that portion of the North Half of Section 1, T. 31 S.,R. 27 E., M.D.M., in the
County of Kern, State of California, more particularly described as follows:
Commencing at the Northwest comer of said Section; thence S 89°03 '11" E along
the North line of said Section a distance of 565.00 feet to the Northwest comer of that
certain parcel ofland conveyed to Mike Giminiani by document recorded December 30,
1941, in Book 1065, Page 487, of Official Records; thence S 00° 45' 20" W parallel to
the West line of said Section 1, a distance of 175.00 feet to the Southwest comer of said
parcel; thence S 89° 03' 11" E parallel to said North line a distance of 195.36 feet to a
point in the Easterly Boundary of that certain parcel ofland conveyed to S.F. Smith by
deed recorded March 24,1914 in Book 267, Page 152 of Deeds; thence S 14° 23' 40" E
along the East line of said Smith parcel a distance of 706.80 feet; thence continuing along
said East line S 00° 09' 40" E a distance of 244.59 feet to the true point of beginning;
thence continuing along said East line a distance of 180.00 feet to a point of intersection
with the North line of the South 1320.00 feet of the Northwest Quarter of Said Section 1;
thence S 88° 25' 15" E along said North line a distance of 1690.36 feet to a point of
intersection with the East line of said Northwest Quarter; thence N 00° 46' 45" E along
last said East line a distance of 300.03 feet to a point of intersection with the North line of
the South 1620.00 feet of said Northwest Quarter; thence N 88° 25' 15" W along last said
North line a distance of 1531.85 feet; thence S 54° 39' 07" W a distance of 199.87 feet to
the true point of beginning.
CONTAINING 11.45 Acres more or less.
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03621
A Zone to RS Zone
All that portion of the North Half of Section 1, T. 31 S., R. 27 E., M.D.M., in the
County ofKem, State of California, more particularly described as follows:
Commencing at the Northwest comer of said Section; thence S 89·03' 11 ''E along
the North line of said Section a distance of 565.00 feet to the Northwest comer of that
certain parcel ofland conveyed to Mike Giminiani by document recorded December 30,
1941, in Book 1065, Page 487, of Official Records; thence S 00· 45' 20" W parallel to
the West line of said Section 1, a distance of 175.00 feet to the Southwest comer of said
parcel; thence S 89° 03' 11" E parallel to said North line a distance of 195.36 feet to a
point in the Easterly Boundary of that certain parcel ofland conveyed to S.F. Smith by
deed recorded March 24, 1914 in Book 267, Page 152 of Deeds; thence S 14° 23' 40" E
along the East line of said Smith parcel a distance of 160.73 feet to a point of intersection
with the South line of the North 330.00 feet of said Northwest Quarter, said point being
the true point of beginning; thence continuing along said East line S 14° 23' 40" E a
distance of 546.07 feet; thence continuing along said East line S 0° 09' 40" E a distance
of 424.59 feet; to a point of intersection with the North line of the South 1320.00 feet of
said Northwest Quarter; thence N 88° 25' 15" W along said North line a distance of
951.96 feet to a point of intersection with the West line of said Section; thence N 0° 45'
20" E along said West line a distance of 940.63 feet to a point of intersection with said
South line; thence S 89° 03' II" E along said South line a distance of 802.37 feet to the
true point of beginning.
CONTAINING 19.69 Acres more or less.
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03621
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A Zone to C-2 Zone
All that portion of the North Half of Section 1, T. 31 S., R. 27 E., M.D.M., in the
County of Kern, State of California, more particularly described as follows:
Commencing at the Northwest comer of said Section; thence S 89°03' II"E along
the North line of said Section a distance of 175.00 feet to a point of intersection with the
northerly extension of the East line of Parcel 1 recorded in Document NUItlber
0203272396 of official records in the office of the Kern County Recorder, said point
being the true point of beginning; thence continuing along said North line a distance of
390.00 feet to the Northwest comer of that certain parcel ofland conveyed to Mike
Giminiani by document recorded December 30,1941, in Book 1065, Page 487, of
Official Records; thence S 00° 45'20" W parallel to the West line of said Section 1, a
distance of 175.00 feet to the Southwest comer of said parcel; thence S 89° 03' II" E
parallel to said North line a distance of 195.36 feet to a point in the Easterly Boundary of
that certain parcel ofland conveyed to S.F. Smith by deed recorded March 24, 1914 in
Book 267, Page 152 of Deeds; thence S 14° 23' 40" E along the East line of said Smith
parcel a distance of160.73 feet to a point of intersection with the South line of the North
330.00 feet of said Northwest Quarter; thence N 89° 03' 11" W along said South line a
distance of 802.37 feet to a point of intersection with the West line of said Section;
thence N 0° 45' 20" E along said West line a distance of 165.00 feet to the Southwest
comer of said Parcell; thence S 89° 03' 11" E along the South line of said Parcel a
distance of 175.00 feet to the Southeast comer thereof; thence N 0° 45' 20" E along the
East line of said Parcel a distance of 165.00 feet to the true point of beginning.
CONTA1NING 4.39 Acres more or 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 .JillL day of March, 2006 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 4321 passed by the
Bakersfield City Council at a meeting held on the 8th day of March, 2006 and entitled;
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE AND ZONING MAP NO. 142-01 AS RECOMMENDED BY
THE PLANNING COMMISSION AND BY CHANGING THE PREZONING FROM
A (AGRICULTURE) AND E (ESTATE) TO C-2 (REGIONAL COMMERCIAL), R-S
(RESIDENTIAL SUBURBAN) AND R-1 (ONE FAMILY DWELLING) ZONES
ON 56.64 ACRES, GENERALLY LOCATED SOUTH OF TAFT HIGHWAY,
EAST OF WIBLE ROAD (ZC 05-0425) (WARD 7)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY~~
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