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HomeMy WebLinkAboutORD NO 4382 ORDINANCE NO. 4382 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO.102-06) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE ZONE) TO E (ESTATE) ON 32.07 ACRES AND TO C-1/PCD (NEIGHBORHOOD COMMERCIAUPLANNED COMMERCIAL DEVELOPMENT) ON 6.79 ACRES AS SHOWN ON EXHIBIT A-1 (ATTACHED TO DRAFT RESOLUTION. GENERALLY LOCATED AT THE NORTHEAST CORNER OF SNOW ROAD AND JEWETTA AVENUE (05-1928) 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 at the northeast corner of Snow Road and Jewetta Avenue (future); and WHEREAS, by Resolution NO.129-06 on June 15, 2006 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 05-1928 as delineated on attached Zoning Map No. 102-06 marked Exhibit IA-2", 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 from A (Agriculture) to E (Estate Residential) and the Council has considered said findings and all appear to be true and correct; and WHEREAS, the City 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 with mitigation was advertised and posted on May 26, 2006 in accordance with CEQA; and WHEREAS, the general plan designation for this area allows residential and commercial development; and WHEREAS, the City Council held a public hearing on the petition to change the land use zoning on those certain properties in the City of Bakersfield generally located at the northeast corner of Snow Road and Jewetta Avenue (future) and the applicant's appeal of the Planning Commission's June 15, 2006 recommendation; and WHEREAS, the City Council reviewed the matter. including additional testimony on August 16, 2006; and ~AKC:-l\ ~ ''(r '1'\ >- - 1;; J:!2 t.:> <:> 1 ORIGINAL WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 3. 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 for the project in accordance with CEQA. 4. The project has incorporated mitigations, as described in Exhibit A-1 which reduce off-site impacts to less than significant. 5. The commercial proposal as recommended by staff to the Planning Commission, is consistent with the surrounding land uses. 6. The zone change on from A (Agriculture) to E (Estate Residential) on 32.07 acres and from E (Estate Residential) to C-1/PCD ((Neighborhood Commercial/Planned Commercial Development) on 6.79 acres is compatible with the land use designations of surrounding properties and is internally consistent with the Metropolitan Bakersfield General Plan. 7. The proposed project, as shown on Exhibit A-2, is consistent with the Metropolitan Bakersfield General Plan. 8. The public necessity, general welfare and good planning practices justify the revised zone change, as shown on Exhibit A-2. 9. 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 Sate of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-reference absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. All of the foregoing recitals are hereby found to be true and correct. 2. The Negative Declaration is hereby approved and adopted. 3. 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. 102-06 marked Exhibit IA-3" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "A-4 ". 2 ~ ~AK~1> o ~ >- - l::: f!! t.:> ORIGINAt> 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit IA-1", subject to approval of GPA 05-1928 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. ---------()()()--------- 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 SEP 13 2006 by the following vote: ~~ ABSTAIN: ABSENT: ,,/'" ......-- J...--- l-- ____ COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY. CM CITY CLERK and Ex Officio C erk of the Council of the City of Bakersfield APPROVED SEP 1 3 2006 HARVEY L. HALL Mayor of the City of Bakersfiel APPROVED as to form VIRGINIA GENNARO City Attorney By: /&;cv In ~ Exhibit A-1 - Mitigation/Conditions of Approval A-2 - Location Map A-3 - Zone Map 102-06 A-4 - Legal Description and map Updated 8/23/06 S:\GPA 2nd 2006\05-1928\City CounciI\OZC-CC-updated .DOC 3 X ~AK~~ o cP ).. '"1'\ :: ~ \R/r,INAC>> EXHIBIT A-1 MITIGATION/CONDITIONS of APPROVAL <c. 0'"''<#-9 o ~ >- - ::: ~ J <:> iRIGINAL EXHIBIT A-1 Conditions of Approval General Plan Amendment/Zone Change No. 05-1928 MITIGATION MEASURES (included in the proposed project to avoid potentially significant effects, if required): Air Qualitv 1. The following mitigation measures were identified and utilized to reduce project emissions to 11ess than significance" levels for ROG and NOx errissions: II. The region exceeds federal and state standards for particulate matter in the air (PM1o). To incrementally reduce the level of "fugitive dust" particles added to the air basin. the study assemble a list of construction strategies. The criteria pollutant most affected by required mitigation measures will be PM10. 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, by the applicant, are as follows: a. 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. b. Water all haul roads (unpaved - if any) a minimum ofthree-times/day or whenever visible dust from such roads is capable of drifting from the site or approaches 20% opacity. c. Reduce speed on unpaved roads to less than 15 miles per hour. d. Install and maintain a trackout control device that meets the specifications of SJV APCD Rule 8041 if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips per day by vehicles with three or more axles. e. 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. f. Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading, or cut and fill operations with application of water or by presoaking. g. When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover or effectively wet to limit visible dust emissions. h. 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). i. Stabilize the surface of storage piles following the addition or removal of materials using water or chemical stabilizer/suppressants. j. Remove visible track-out from the site at the end of each workday. k. Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period). I. Asphalt-concrete paving shall comply with SJV APCD Rule 4641 and restrict use of cutback, slow-cure and emulsified asphalt paving materials. m. Grading should be conducted in phases. n. Project site shall not be cleared of existing vegetation cover until required by construction. o. The project developer shall revegetate graded areas as soon as it is feasible after construction is completed. ~ -:oAK~~ o ~ :>- - ~ ~ , :J <:> f)RI111NAL Exhibit A-1 Condition of Approval GPAlZC 05-1928 Page 2 of 6 II. Measures to Reduce Construction Equipment Exhaust The applicant shall follow the following strategies obtained from the GAMAQI guidance document which lists the following measures as approved and recommended for construction activities: a. Maintain all construction equipment as recommended by manufacturer manuals. b. Shut down equipment when not in use for extended periods of time. c. Construction equipment shall operate no longer than eight (8) cumulative hours per day. d. Use electric equipment for construction whenever possible in lieu of diesel or gasoline powered equipment. e. Curtail use of high-emitting construction equipment during periods of high or excessive ambient pollutant concentrations such as "Spare-the-Air" days as declared by the SJVAPCD. f. All Construction vehicles shall be equipped with proper emission control equipment and kept in good and proper running order to substantially reduce NOx emissions. g. On-Road and Off-Road diesel equipment shall use aqueous diesel fuel if permitted under manufacturer's guidelines. h. On-Road and Off-Road diesel equipment shall use diesel particulate filters if permitted under manufacturer's guidelines. i. On-Road and Off-Road diesel equipment shall use cooled exhaust gas recirculation (EGR) if permitted under manufacturer's guidelines. j. Use of Caterpillar pre-chamber diesel engines or equivalent shall be utilized if economic and available to reduce NOx emissions. k. All construction workers shall be encouraged to shuttle (car-pool) to retail establishments or to remain on-site during lunch breaks. I. All construction activities within the project area shall be discontinued during the first stage smog alerts. m. Construction and grading activities shall not be allowed during first stage ozone alerts. First stage ozone alerts are declared when the ozone level exceeds 0.20 ppm (1-hour average). III. Other Mitigation Measures The following mitigation measures are required to further reduce the potential for long-term emissions from the completed project: a. The project design shall comply with standards set forth in Title 24 of the Uniform Building Code to minimize total consumption of energy. b. Applicants shall be required to comply with applicable mitigation measures in the Air Quality Attainment Plan, District Rules, Traffic Control Measures, Regulation VIII and Indirect Source Rules for the SJVUAPCD. c. The developer shall petition the Golden Empire Transit District (GET) to conduct a service study to determine if the project site warrants being annexed into the GET operational system. d. If the GET service study indicates that the development qualifies for addition to the GET system, specific bus turnouts and shelters shall be located at appropriate locations to serve commercial and residential sites within the project area in consultation with the Golden Empire Transit District. The bus turnouts and shelters shall be planned by developers in the project area and local transportation coordinating entities to encourage the efficient and ~ ~AKS'1> practical use of public transit entities servicing the project area. 0 " ~ ~ _ rr - ,... J "IQlnINAt> Exhibit A-1 Condition of Approval GPAlZC 05-1928 Page 3 of 6 e. The developer shall comply with the provisions of SJVAPCD Rule 4601 - Architectural Coatings, during the construction of all buildings and facilities. Application of architectural coatings shall be completed in a manner that poses the least emissions impacts whenever such application is deemed proficient. f. The developer shall comply with the provisions of SJV APCD Rule 4641 during the construction and pavement of all roads and parking areas within the project area. Specifically, the developer shall not allow the use of: i. Rapid cure cutback asphalt; ii. Medium cure cutback asphalt; iii. Slow cure cutback asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.3); or Emulsified asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.4). Cultural Resources 2. If archaeological resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation. Mitigation for potentially significant cultural resource impacts. 3. 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. Mitigation for potentially significant cultural resource impacts. Traffic and Circulation 4. Prior to the issuance of any building permit, the developer shall pay the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of Bakersfield Public Works Department. The applicant shall pay the standard fee as adopted at the time of development. Mitigation for significant traffic and circulation impacts. 5. Prior to the approval of improvement plans, for any portion of the project area, the applicant shall incorporate all the traffic and street improvements conditions and mitigatioos required by the Public Works Department. Mitigation for significant traffic and circulation impacts. CONDITIONS OF APPROVAL: PUBLIC WORKS CONDITIONS: 6. Along with submittal of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: a. Provide fully executed dedication for Jewetta Avenue and Snow Road to arterial standards for the full frontage of the area within the GPA request. Dedications shall include sufficient widths 'Q~K~ for expanded intersections and additional areas for landscaping as directed by the Citt '9~ ~ iii t:: r- t.:> <:> ORIGINAL Exhibit A-1 Condition of Approval GPAlZC 05-1928 Page 4 of 6 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; the sump for the area north of the Calloway Canal should be located so that it may be available to serve adjacent areas as they develop. The City's policy is no more than one sump per 80 acres of residential development. The study shall be approved and any required retention site and necessary easements dedicated to the City. c. The GPAlZC area is within the service area of the North of River Sanitary District NO.1. Sewer service in this area must conform to the NORSD's adopted Sewer Study, and construction of sewer lines shall be per NORSD's requirements. All trench backfill and paving within the public right-of-way shall require an Open Street Permit and be as per the City of Bakersfield's adopted standards. 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. For orderly development. 7. 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. It is required that the developer join the North of the River Park Maintenance District. For orderly development. 8. Payment of median fees for the arterial frontage of the property within the GPAlZC request is required prior to recordation of any map or approval of any improvement plan for the GPAlZC area. For orderly development. 9. Access to the arterial and collector streets will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. Driveway access to the C-1 will be limited and determined at time of division or development due to the proximity to the arterial/arterial intersection. For orderly development. 10. The Calloway Canal and Friant Kern Canal Bridge, on Snow Road, replacements are on the Bakersfield Metro Area Transportation Impact Fee, Phase 3 facilities list. The developer will assist the city with any additional dedications, slope easements, etc. that may be required. For orderly development. 11. Developer shall pay their proportionate share of the cost and shall aid in the formation of a Major Bridge and Thoroughfare District for the construction and or widening of the crossing of the Calloway Canal at Jewetta Avenue and the Calloway Canal and Friant Kern Canal at Seventh ~ ~~Kf-9 Standard Road. For orderly development. 0 ~ > m ~ r- V ORIG1NAt> Exhibit A-1 Condition of Approval GPAlZC 05-1928 Page 5 of 6 12. Access to the project area from Jewetta Avenue, from Seventh Standard Road is provided by a sub- standard road. 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' 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. For orderly development. Local Mitioation 13. Prior to the issuance of the first building permit, the developer shall 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 in Tables 6 and 7 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 from the study as follows: 1. Allen Rd & Snow Rd, Add 1 NBL, 1 NBR, 1 SBL, 1 SBT, 3.29% share 2. Shane St & Snow Rd, Add 1 NBL, 1 SBL, 5.19% share 3. Jewetta Ave & Snow Rd, Add 1 SBL, 17.84% share 4. Verdugo Ln & Snow Rd, Add 1 NBL1, 1 SBL, 16.79% share 5. Calloway Dr & Norris Rd, Add 1 EBL1, 1 NBT, 2.74% share 6. Jewetta Ave & Reina Rd, Ad 1 EBL, 1 WBL 1, 8.06% share 7. Calloway Dr, Norris Rd to Olive Dr, Add 2lanes2, 3.54% share Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound L - Left tum lane, T - Through lane, R - Right tum lane 1 _ Striping only 2 _ R/W covered by RTIF. Portions have been widened, for NB remaining one lane from Norris to 650' north. Mitigation for significant traffic and circulation impacts. 14. Upon improvement of the GPAlZC area, construct full improvements on the north half of Snow Road from the east boundary of the GPAlZC area to the Friant-Kern Canal crossing, in front of A TN 492- 090-20 and 21. 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. For orderly development. /Added by Planning Commission on 6/15/06 to address significant street improvement impacts. CITY ATTORNEY CONDITION: 15. 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 ("Applicanf' 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 CECA 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. ~AK(:: J. t., ;:... ~ ~ f!] ) ....QI~I"'AP Exhibit A-1 Condition of Approval GPAlZC 05-1928 Page 6 of 6 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 preceding, 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 attomey 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. PARK DISTRICT CONDITIONS: Prior to the issuance of building permits, the applicant shall submit to planning proof from the North of the River Park District that the following have occurred: 16. The applicant shall pay park in-Iue fees to help mitigate the impact to the plOvision of parkland to serve the area. The applicant shall comply with the policies and procedures ofthe North of the river Recreation and Park district. (Mitigation for orderly development - see letter dated 5/12/06) 17. Park development fees shall be paid in accordance with the most current district fee schedule. (for orderly development - see letter dated 5/12/06) 18. The project area shall join the North of the River Park Maintenance district. (for orderly development - see letter dated 5/12/06) NORTH KERN WATER STORAGE DISTRICT 19. Prior to filing a final of grading, or the issuance of building or installation permits, the applicant shall construct a 6 foot high chain link fence, in accordance with City of Bakersfield Subdivision and Engineering Design Manual Standard D - 12 (aka S-10) or equivalent to separate the subdivision and the Calloway canal and/or any open conduit waterway, located within one-quarter mile. The canal fence may not be bonded or secured (Note: The concrete curb for the chain link fence may be waived subject to Planning Director approval). (Requirement required to satisfy BMC Section 16.32.060 B.B.b and the NKWSD letter dated 6/01/06) 20. Prior to grading approval, the applicant shall obtain witten approval of the plans from the North Kern Water Storage District and submit that approval to the Planning, Building and Public Works Departments. (Requirement required to NKWSD letter dated 6/01/06) PLANNING CONDITIONS 21. Provide a stub street to the east. For orderly development - Added at Planning Commission on 6/15/06) WiIWL Updated 8/23/06 WiIWEL:S:\GPA 2nd 2006\05-1928\Resolutions\Exhibit A-1 m and c-final.doc X ~AK~~ o <.r >. ~ >- m - ,.... .) 'iRIGINAP EXHIBIT A-2 LOCATION MAP ~~KS'?> ~ ~ >- m :: I- 'J <:> ~qIGINAL ~ 01 CB2 ~q ;t cI: cI: cI: ;t Z 'C10 i iU. ~ ~ ~ ~... -:A i en ~l 8 Rl. .... N 1-...", w ~ ! w i Cl c c ;t ;t ~ N ~ c c c w ;t q J c .L33~S EXHIBIT A-3 ZONE MAP X ~~K~1> o ~ >- - I:: f:!] . ~ <::> 0RIGINAL ~ i- I :' i: i' . If 1II1 ! I ~ . . I I I I I I I ',.. I ... ,1* I 3 ; I I II'~ IEI!}!i!};. I il !I II II ~ . m~ln::~!:h.hud Idll!lliliiil.. ~t~~~~~i:i:!:i~I;lfilllilllll~!IIII:=IIII" :i~" i"'~ II !:!"'~O; 0.1:0 . ...;_ ~IU I'"" ~ i!li;lilil!ij!! ill!!liillclliil~l:till' . ~. I' ' . ~~ ,. ~ ci a .4' .... . " .. _.. .... 0 _ III U _.... .".. . . . '" ,",'".. . . :Is......... 8" '.' ,& .. t.~"'......~s',.....:.,..... .'. " .... .......~ . ':.UYvv... .c....". .' c'.. ......-0 . ,-.o~ 0"'" I a:: C'I o - IL .. = I I;.. . ~lli II I~ 90-,,; ~<(o. .... C'l ~~t-= 1&1 :II: ~C) .....Z OZ~ ~o" ~N~ . ....... . '. . . .., . I I . . l I" .: i 'ZONE CHAN,GE 05-1928 -. '. . 1 I r . I 1 ,I jl I I I - '. , I .1 I I , I 1 I I 1 , 1 I , 1 I ___-1.-_ " .", ." .., MIll1ltllt:lffn I I I 1 I .~ , L .~ , . 1 ~ I --______1 % I , -------~---~ . . I - 'I I I c 1 I - ' I. I .- I c T~ . '". .., ' " III " 1II~ ~ J III :.,; " . II' tI." H, . ------- - ----- - - -- ----------------- :+- I, i I' I _ '_ .. J '. '. , I ,,: I ~;..... _ ...."W..... _' _"_'_ . c ~ I ! --- -I~', . illS ' I ~ III III . III : ..:, III ',..', ili ,10 IRanI g!lljGtl!g illiilll 1-19111I , !II~IU €~ <1- I. ~<J' '-\. '1' ...... m ZONING MAP 102-06 I1'\D' t;; vnlGlNAI. EXHIBIT A-4 ZONE CHANGE LEGAL DESCRIPTION ~ fQAK~~ C) <.r )., "1\ l- ;;; - ,.... o ()~IGINAL<:> EXHIBIT "A" LEGAL DESCRIPTIONS FOR ZONE CHANGE 06- C-1. P.C.D. ZONING ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, IN THE COUNTY OF KERN, STATE OF CAUFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 6, ALSO BEING THE INTERSECTION OF THE WEST UNE OF SAID SECTION 6 AND THE CENTERUNE OF SNOW ROAD (COUNTY ROAD No. 2580); THENCE (1) NORTH 00039'24" EAST ALONG THE WEST UNE OF SAID SECTION 6, A DISTANCE OF 608.47 FEET TO THE INTERSECTION OF SAID WEST UNE AND A UNE PARALLEL WITH AND 75.00 FEET NORTHERLY AND NORTHEASTERLY OF THE CENTERUNE OF THE CALLOWAY CANAL AS EXISTING; THENCE (2) SOUTH 60000'00" EAST, A DISTANCE OF 746.83 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 210.00 FEET; THENCE (3) SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 45000'00" AN ARC DISTANCE OF 164.93 FEET; THENCE (4) SOUTH 15000'00" EAST, A DISTANCE OF 113.25 FEET TO THE SOUTH UNE OF SAID SECTION 6 AND THE CENTERUNE OF SAID SNOW ROAD; THENCE (5) NORTH 89051'42" WEST ALONG SAID SOUTH UNE AND SAID CENTERUNE, A DISTANCE OF 780.91 FEET TO THE POINT OF BEGINNING. CONTAINS 6.79 ACRES (295,648 SQUARE FEET) MORE OR LESS. ESTA TE ZONING ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, IN THE COUNTY OF KERN, STATE OF CAUFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 6, ALSO BEING THE INTERSECTION OF THE WEST LINE OF SAID SECTION 6 AND THE CENTERUNE OF SNOW ROAD (COUNTY ROAD No. 2580); THENCE NORTH 00039'24" EAST ALONG THE WEST UNE OF SAID SECTION 6, A DISTANCE OF 608.47 FEET TO THE INTERSECTION OF SAID WEST UNE Page 1 of 2 ~ ~~K~~ o ~ ~ - t:: ~ <.) 0RIGfNAf> AND A UNE PARALLEL WITH AND 75.00 FEET NORTHERLY AND NORTHEASTERLY OF THE CENTERUNE OF THE CALLOWAY CANAL AS EXISllNG AND THE POINT OF BEGINNING; THENCE (1) CONTINUING NORTH 00039'24" EAST ALONG THE WEST UNE OF SAID SECTION 6, A DISTANCE OF 712.38 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 6; THENCE (2) SOUTH 89051'13" EAST ALONG THE NORTH UNE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, A DISTANCE OF 1273.04 FEET TO THE INTERSECTION OF SAID NORTH UNE AND THE WEST UNE OF THE EAST 15.00 FEET OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6. SAID WEST UNE BEING THE WEST RIGHT-OF-WAY OF A 30.00 FOOT WIDE PRIVATE ACCESS EASEMENT (ISAAK LANE) PER GRANT DEED RECORDED IN BOOK 6126 AT PAGE 2162 OF OFFICIAL RECORDS IN THE OFFICE OF THE KERN COUNlY RECORDER; THENCE (3) SOUTH 01012'06" WEST ALONG THE WEST UNE OF THE EAST 15.00 FEET OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 6, A DISTANCE OF 1320.84 FEET TO THE SOUTH UNE OF SAID SECTION 6 AND THE CENTERUNE OF SAID SNOW ROAD; THENCE (4) NORTH 89051'42" WEST ALONG SAID SOUTH UNE AND SAID CENTERUNE, A DISTANCE OF 479.57 FEET; THENCE (5) NORTH 15000'00" WEST, A DISTANCE OF 113.25 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 210.00 FEET; THENCE (6) NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 45000'00" AN ARC DISTANCE OF 164.93 FEET; THENCE (7) NORTH 60000'00" WEST, A DISTANCE OF 746.83 FEET TO THE POINT OF BEGINNING. CONTAINS 32.07 ACRES (1,397,178 SQUARE FEET) MORE OR LESS. ~ ~AK~1> o <.r ~ -1\ ~ J!] v 0RIGINAf Page 2 of 2 \ \ \ \ PARCEL 2 ~ \ \ - - - -\--- II A.P.N. 1 : I 492-090-39 I I I ~ :1----------1 ~ 'I )> ~ I I Z d II ~ N I A.P.N. I :::? II ~ 492-090-40 ^ :I~ I ~ lr----------J Z d~ I~ ~q~ I; 6 !fJ A.P.N. I r en I 492-090-20 I 30' PRIVA~ ACCESS I EASEMENT PER GRANT \ . DEED, BK. 6128, PG. 2182. O.R. \ \ --- "THIS MAP IS PROVIDED FOR ILLUSTRA TIVE PURPOSES ONLY" ~ 1 PARCEL MAP NO. 9574 SK. 43. PG. 190 O.R. ;1 : I r-'~ I I I ~~I o I q,~ I I I SCALE: 1"=300' I I o 75 150 300 PARCEL 1 PARCEL 4 P.M.W. 10-95 5 89"51'13" E 1273.04' -=;:---::;:---- , ~ " N , r::: " 19 \ d \ ~ \ ... \ \ \ \ I I I I I ~ A.P.N. 492-090-23 I A.P.N. 492-090-22 32.07IACRES I I I I PM 11 92 S 15'00'00. E 113.25' , - -r -- SW COR. SEC. 6 I I l T.29S., R27E. I~:< LU TR NO. 5829 PH 3 I I I ~ ~ SK. 48, PG. 151 O.R. I ~~ '"'i <Q C!J a II-U .... I II I I SNOW ROAD', (co. RD. No. 2580) ',__ CANAL ------------ SHEET DATE So17.()8 PR JOB No, OS011181 . 1 I:IIS*8t H.WA EXHIBIT MAP SNOW ROAD & JEWETTA AVENUE ZONE CHANGE 06- 1200 - 21ST. IIl1U!ET BAKERSFIELD. CA. lI3301 -- '" MWW IIY":....-- OF 1 SHEETS ...... -- ..... , , , \ \ \ \ \ \ I I I - ..... , , \ \ \ \ I I I ENGINEERING & 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 14th day of September ,2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4382 passed by the Bakersfield City Council at a meeting held on the 13th day of September, 2006 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP NO. 102-06) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE ZONE) TO E (ESTATE) ON 32.07 ACRES, AND TO C-1/PCD (NEIGHBORHOOD COMMERCIAL/PLANNED COMMERCIAL DEVELOPMENT) ON 6.79 ACRES AS SHOWN ON EXHIBIT A-1 (ATTACHED TO DRAFT RESOLUTION, GENERALLY LOCATED AT THE NORTHEAST CORNER OF SNOW ROAD AND JEWETTA AVENUE (05-1928). PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~~ 1-~ DEPU Y Ci Clerk S:\DOCUMENT\FORMS\AOP ,ORD.wpd ~ ~AKS'?> o ~ ~ - r- rr - ,. t.:> C' ORIGINAl