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HomeMy WebLinkAboutORD NO 3851ORDINANCE NO. 3 ~ 5 lj AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-34 BY CHANGING THE ZONING OF 1.6 ACRES FROM A PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE TO A C-2 (REGIONAL COMMERCIAL) ZONE; AND ON 15.6 ACRES PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE TO A REVISED PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE GENERALLY LOCATED ON THE NORTHEAST CORNER OF STOCKDALE HIGHWAY AND CALIFORNIA AVENUE. (WARD 8) WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planni;ng 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 northeast corner of Stockdale Highway and Californian Avenue; and WHEREAS, by Resolution No. 53-98 on May 7, 1998, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve the C-2 (Regional Commercial) and PCD (Planned Commercial Development) zones as delineated on attached Zoning Map No. 102-34 marked Exhibit "B", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; and WHEREAS, for the above-described project, staff determined there was no new information submitted since adoption of the Negative Declaration for Zone Change 5516 that would result in a significant effect on the environment, therefo,re the Negative Declaration adopted on March 9, 1994 is adequate for this project; 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 traffic, noise and cultural resources 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 with mitigation was advertised and posted on April 17, 1998, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows commercial development; 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 and the Planning Commission; and WHEREAS, Thomas C. Fallgatter, representing Cal Stock Partnership, and Ted A. Bjorn, representing the Eugene F. Reid, Trustee, submitted a letter dated March 9, 1998 requesting the Planning Commission direct staff to initiate a change in the zone for said property; and WHEREAS, said letter stated that the Reid Trust, which owns the 1.6 acres parcel located at the northeast corner of Stockdale Highway and California Avenue desired a change in zone from a PCD (Planned Commercial Development) to a C-2 (Regional Commercial) zone because said PCD, known as Zone Change 5516 for the Smith's Market Project, has not come to fruition, and that a condition of the PCD zone requires the parcel owned by the Reid Trust to be a sit-down restaurant; and WHEREAS, also in said letter there has been no success in finding a suitable sit- down restaurant tenant for the parcel owned by the Reid Trust; and WHEREAS, the Reid Trust desires to go forward with other commercial development on their property, but can not obtain the required signatures from other property owners of property located within the PCD zone to make application for a zone change to change the zone on the Reid Trust parcel; and WHEREAS, at the March 19, 1998 meeting of the Planning Commission, the Planning Commission initiated a zone change application to rezone the properly owned by the Reid Trust to a C-2 zone and directed staff to prepare the appropriate documents; and WHEREAS, the only change to PCD Zone Change 5516 is to remove the 1.6 acres of said property owned by the Reid Trust from the PCD zone boundaries; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given 2. The provisions of CEQA have been followed. 3. The Negative Declaration is adopted. General Plan. The zone change is consistent with the Metropolitan Bakersfield 2010 5. The 15.6 acres of the project site to be zoned PCD (Planned Commercial Development) is subject to the site plan and conditions of approval for PCD Zone Change 5516. 6. The proposed planned commercial development zone and preliminary development plan are consistent with the general plan and objectives of this ordinance. 7. The proposed planned commercial development will constitute a commercial environment of sustained desirability and stability, and it will compliment and harmonize with he character of the surrounding neighborhood and community. 8. The proposed planned commercial development justifies exception from the normal application of this code in that it integrates such elements as the location of structures, circulation pattern, parking, landscaping and utilities, together with a program for provision, operation, and of all areas, improvements, facilities and services provided on the property. 9. The 1.6 acres of the project site to be zoned to a C-2 (Regional Commercial) zone, subject to conditions of approval as shown in attached Exhibit "A," is adequate in size and configuration to provide a commercial environment of sustained desirability and stability. 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. 102-34 marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "C". 4. The 15.6 acres zoned PCD (Planned Commercial Development) zone is subject to the site plan attached as Exhibit "D". 5. 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. ......... O00 ......... 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 JUN ~ 4 ~ , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SM.~TH, If~M~M~PI', ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER A~STAIN: COUNCILMEMBER 'CITY CLERK and Ex Officio ¢Jlerk of the Council of the City of Bakersfield 3 OR G NA APPROVED JUN 2 4 ~J~ MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY res\oz215-cc JE/pjt May 19, 1998 EXHIBIT "A" ZONE CHANGE P98-0215 CONDITIONS OF APPROVAL SECTION 1: CONDITIONS OF APPROVAL FOR PROPERTY TO BE ZONED C-2. Developer shall provide common access and parking agreements between subject property zoned PCD and property to be zoned the C-2 located at the northeast corner of California Avenue and Stockdale Highway. (Planning) If during 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) (Planning) A transportation impact fee for regional facilities shall be paid prior to final inspection and/or occupancy and shall be based on the rate in effect at the time the fee is paid. Upon submission of construction plans for the project, the Public Works Department will provide an estimate of the total fee. (Engineering Services) At the time of Site Plan Review, the applicant of a proposed use on the property to be zoned C-2 shall be required to prepare a traffic impact study if the trip generation of the proposed use exceeds the trip generation of the existing 10,000 square foot restaurant by 5 %. The study would evaluate the impacts resulting from the increase in the number of trips generated by the proposed use. For example, the total daily trip generation of a 10,000 square foot restaurant is 970 trips. A traffic study would be required if a proposed use generated 1,020 or more trips. (970 trips + 5% =1,020 trips) (Engineering Services) At the time of issuance of a building permit, applicant shall pay to the City a fee for his proportionate share of the cost of construction and right-of-way acquisition to widen the Stockdale Highway and California Avenue intersection and modification/reconstruction of traffic signals. The City Engineer has determined, based upon actuai costs, that the proportionate share of the cost is $30,806.00. (Engineering Services) Developer may be required to obtain right-of-way and construct right turn storage lanes for existing and proposed drive approaches along the north side of Stockdale Highway adjacent the subject C-2 zoned property. (Engineering Services) Upon further development or subdivision of property, the owner shall pay all costs for establishing a new landscape maintenance district or inclusion of the project area into an existing landscape maintenance district. (Engineering Services) P:~Z~215~Z215CON.CC.wpd June 3, 1998 ORIGIN~,L Exhibit"A" Zone Change P98-0215 Conditions of Approval Page 2 SECTION 2: CONDITIONS OF APPROVAL FOR PROPERTY TO BE ZONED PCD. Applicant's Conditions: A masonry wall shall be constructed between the proposed PCD property and the adjacent property that is residentially zoned either R-1 or R-2. This wall shall be a minimum of ten feet tall on the PCD property side of the wall and it shall be in place prior to commencement of any demolition or construction activity on the project site. As shown on the PCD site plan, a 10-foot wide landscaped setback shall be constructed on the PCD property side of the masonry wall. As shown on the PCD site plan, a drainage sump shall be constructed in the northeast corner of the PCD property. A wrought iron fence a minimum six feet tall shall be constructed along the eastern most property line separating the PCD property from the C-O property to the east. The wrought iron fence shall be constructed prior to commencement of construction on the Occidental Petroleum property at 5000 Stockdale Highway. Roof mounted mechanical equipment on the major retail buildings shall be mounted on the southern half of the roof of the building. Exterior lighting on the north side of the major retail buildings shall be designed to avoid direct illumination to the residential properties subject to approval of Planning Director. The truck delivery court shall be enclosed with masonry walls not less than ten feet in height. Delivery trucks shall be limited to the period between 7 a.m. and 10 p.m. for making deliveries to the truck delivery court facility. 9. The developers, at their expense shall: a) Remove the existing pipe supports and wood fence leaving the masonry retaining wall in place. b) Construct the new masonry wall adjacent to the south side of the existing retaining wall. P:~------------------~215~.215CO N.CC.wpd June 3, 1998 OR!G!NAL Exhibit"A" Zone Change P98-0215 Conditions of Approval Page 3 c) Install a concrete cap on top of the existing retaining wall that is flush with the northern side and extends to meet the northern side of the masonry wall. The construction of the masonry wall is detailed in the attached Figure 1. 10. The developers shall give the adjacent residential property owners two weeks notice prior to commencing with the fence removal and construction of the new masonry wall. Evidence of such coordination must accompany request for demolition permit. 11. The developers shall coordinate with adjacent residential property owners and allow them to select from the "standard integral colors" selected by the developer, for the concrete block color that will be used. Evidence of such coordination must accompany request for demolition permit. 12. The developers shall coordinate with each of the adjacent residential property owners and allow them to select the types of trees that they would prefer to have planted in the landscape easement adjacent to their property. Selection will be from the list of approved trees designated for this project. Evidence of such coordination is to accompany request for any landscaping or site plan review. Planninq Del~artment Conditions: The applicant/developer shall provide two bus stop locations for the project site. One bus stop along the north side of Stockdale Highway and the other along the east side of California Avenue. The bus stop pad size shall be 15 feet by ten feet minimum with the specific location and geometric configuration of the sites approved by the Golden Empire Transit District. The Golden Empire Transit District will be given 30 days to respond prior to site plan review approval or it will be deemed approved subject only to City of Bakersfield Traffic Engineer. The site plan must be consistent with the approved size and location for the bus stops. Both sites to be completed prior to issuance of final occupancy of either major retail store. In the event any cultural resources are found, after demolition or during construction of new structures, all work must stop and a qualified archaeologist must be contacted to evaluate the find and recommend mitigation measures. All measures to be carried out prior to final occupancy of either major retail store. The subject site shall be developed substantially as shown on the site plan with modifications per the site plan review committee conditions, elevation drawings; letter of explanation. June 3, 1998 0,q!G~N~,L Exhibit"A" Zone Change P98-0215 Conditions of Approval Page 4 The 40-foot setback area along the north side of the 50,000 sq.ft. retail structure shall be used solely for emergency access and landscaping. In the event the existing oil well site near the southwest of Smith's Market is eliminated prior to construction of Smith's Market, the area shall be used for additional parking. Also, the Smith's Market shall be moved south and a 10-foot sideyard landscaped area shall be created along Business Center Drive. The applicant/developer shall construct a 10-foot high masonry wall along the northern property line from the northwest corner of Smith's Market to the northeast corner of the 50,000 sq.ft. Retail store. The wall may be reduced to 6 feet high along the remainder of the property line (see Figure 1 for the detail). The applicant/developer shall allow access to the Smith's Market property from the Village Lane/Stockdale Highway intersection. The existing Occidental Building shall be demolished and all improvements to the entire site shall be completed within six months of issuance of a Certificate of Occupancy or final inspection, which ever occurs first, for Smith's Market. Developer shall provide and maintain common access and parking agreements between subject property zoned PCD and subject property to be zoned the C-2 located at the northeast corner of California Avenue and Stockdale Highway. Site Plan Review Conditions: A CONDITIONS 1. Designate a fire lane, per City requirements, as shown on the attached site plan. Please indicate spacing between signs to meet City standards. (Fire) 2. Show all fire hydrant locations and required fire flows on site plan. (Fire) 3. All conditions associated with GPA 4-93, Segment II and Zone Change #5516 shall be met. (Engineering Services) June 3, 1998 Exhibit "A" Zone Change P98-0215 Conditions of Approval Page 5 4. Provide lighting for the parking area and submit layout along with description of light fixtures as per Title 17.58.060 A of the Municipal Code. Design and arrange the lights to reflect away from the adjacent residential properties and streets. All light fixtures shall be located between 15' and 40' above grade. Lighting proposals must be approved before Building Department will begin plan check. (Planning and Building) 5. Construct new connection(s) to a public sewer. (Engineering Services) 6. Construct on-site paving with a minimum of 2" Type B, A.C. over 3" Class II A.B., or paving equivalent as approved by the City Engineer. (Engineering Services) 7. Street return type approach(es), if used, shall have minimum 30' radius returns with throat width as shown. (Traffic Engineering) 8. Show two-way drive aisles with a minimum width of 24 feet. (Traffic Engineering) 9. Show two-way parking aisles with a minimum width of 25' to provide property backup space for right angle parking. (Traffic Engineering) 10. Show typical parking stall dimensions (9' x 18' standard). (Traffic Engineering) 11. Provide traffic signal modification plan for Village Lane signal. (Traffic Engineering) 12. No median opening on California Avenue. (Traffic Engineering) 13. Provide 150' minimum turn lane storage with 90' bay taper for each driveway on Stockdale Highway with 200' minimum storage for right turn lane at California Avenue. (Traffic Engineering) B CONDITIONS 1. Contact Fire Safety Control Division, 1715 Chester Ave. (Fire Prevention Bureau) for fire and safety requirements. Provide one (1) set of building plans showing required plan corrections to Fire Safety Control (Fire Marshal, (805) 326-3951). (Fire) 2. Install six fire hydrants(s) as shown on attached plans prior to final site plan approval. (Fire) 3. Provide three copies of the grading plans with two copies of the preliminary soils report to the Building Department. (Engineering Services and Building) June 3, 1998 OR!G~NAI Exhibit"A" Zone Change P98-0215 Conditions of Approval Page 6 4. Show how site is to be drained. (Building) A drainage study shall be required, the study shall demonstrate that the amount of run- off from the proposed center is not in excess of the amount of run-off originally generated from the previous use. (Engineering Services) Provide side yard setback dimensions used for unlimited area increases. (Engineering Services) A landscape plan and specifications for irrigation shall be submitted to the Planning Department for approval prior to final site plan approval. (Planning) A Parcel Map Waiver is required to eliminate old lot lines from the subject parcel. (Planning) The Sanitation Division must be contacted to work out an alternate solution that will allow safe collection. (Sanitation) 10. A complete disclosure statement as to space allocation in proposed development is necessary to allow proper evaluation of proposed refuse containment areas. (Sanitation) 11. Consult with Traffic Engineer regarding truck routing on-site and truck routing on public streets. (Traffic Engineering) 12. Mitigation of traffic impacts as identified in the traffic study and by Public Works Department. (Traffic Engineering) 1 3. Traffic studies shall include the following: Identify project percentages for all the mitigation improvements. Our conditions list could be used as a basis. An engineer's estimate must be developed to apply the percentages for those items that are to be paid as a fee. It would also help with the items that are to be constructed. An origin/destination study for the Montclair/Marella/Easton corridor to determine the extent of our of area traffic there and projections of project traffic and its effect. June 3, 1998 DR~G;NA~ Exhibit"A" Zone Change P98-0215 Conditions of Approval Page 7 Multi-way stop study of the intersection of Montclair/Marella as a minimum. Other intersections may be studied too. Because of the existing heavy mid-day peak, the study shall include mid-day peak analysis in addition to the PM peak. C CONDITIONS All streets and access roads to and around any building under construction must be at least 20 feet of unobstructed width and graded to prevent ponding at all times. Barricades must be placed where ditches and barriers exist in roadways. Emergency vehicle access must be reliable at all times. (Fire) Based upon available information, fire flow requirement may be 3,500 gallons per minute. All persons required to furnish fire hydrants are hereby required to purchase the required fire hydrants from the City of Bakersfield. (Fire) Post the designated fire lane as required by the City prior to occupancy of any portion of any building. (Fire) Provide the Fire Department with one set of approved water plans prior to the issuance of any building permit. (Fire) Areas adjacent to all Fire Department connections shall be identified by yellow stripes as per Bakersfield Municipal Code 15.64.140 (d). (Fire) Contact Building Department for any proposed signage. Review does not include signage. A separate permit is required for all new signage, including construction signs. (Building) Structures exceeding 10,000 square feet in area shall be constructed with an automatic fire sprinkler system throughout. (Building) Provide fire resistive wall construction details for exterior walls of buildings at property line. (Building) 9. Show compliance with all handicap requirements as per State Building Code. (Building) June 3, 1998 Exhibit "A" Zone Change P98-0215 Conditions of Approval Page 8 10. A final soils report shall be submitted prior to issuance of a building permit. (Building) 11. An acoustical consultant shall design the structures within the project to mitigate noise exposures of 60 dB or greater in accordance with the CNEL contours and Title 24 of the California Administration Code. (Building) 12. School district fees will be assessed at the time of issuance of a building permit. (Building) 13. Submit for all necessary approvals from the Kern County Environmental Health Services Department located at 2700 "M" Street for any food handling facility (such as market or a restaurant), prior to issuance of a building permit. (Building) The parking required for this project has been computed as follows: 14. Phase I: Bldg. A (Retail) Bldg. B (Retail) Exst. C (Restaurant w/bar) Subtotal: 35,000 sq.ft. = Area/200 = 175 stalls 34,900 sq.ft. : Area/250 = 140 stalls 4,491 sq.ft. = Area/250 = 18 stalls 8,000 sq.ft. = Area~50 = 160 stalls 82,391 sq.ft. 493 stalls Phase I1: Bldg. A (Retail) 50,000 sq.ft. : Area/250 = 200 stalls Bldg. B (Retail) 6,219 sq.ft. = Area/250 : 25 stalls Bldg. C (Restaurant w/bar) 7,000 sq.ft. = Area/50 = 140 stalls Bldg. D (Retail) 8,000 sq.ft. = Area/250 = 32 stalls Subtotal 71,219 sq.ft. : 397 stalls (Planning) 15. TOTALREQUIRED 890 stalls Approved landscaping shall be installed prior to final building inspection or occupancy of any building. Landscape inspections are on Fridays. Call Dave Reizer at 326-3733 prior to the Friday you wish your inspection. (Planning) P:~Z~215~Z215CON .CC.wpd June 3, 1998 ORIG;NAL Exhibit"A" Zone Change P98-0215 Conditions of Approval Page 9 16. 17. 18. 19. 20. 21. 22. 23. Prior to occupancy, sub-standard off-site improvements shall be reconstructed to city standards or repaired as directed by the City Engineer. Call construction superintendent at 326-3050 to determine extent. (Engineering Services) A sewer connection fee shall be paid prior to issuance of a building permit. The fee will be based on the current adopted charges at the time of issuance of the building permit. (Engineering Services) A transportation impact fee for regional facilities shall be paid prior to final inspection and/or occupancy and shall be based on the rate in effect at the time the fee is paid. Upon submission of construction plans for the project, the Public Works Department will provide an estimate of the total fee. (Engineering Services) A permit from the Public Works Department is required prior to any work within city right-of-way (street, alley, easement). A copy of the approved site plan with conditions shall be submitted to the Public Works Department at the time of application for a permit. (Engineering Services) Facilities which require infectious waste services shall obtain approval for separate infectious waste storage areas from the Kern County Health Department; in no case shall the refuse bin area be considered for infectious waste containment purposes. (Sanitation) Facilities which require grease containment must provide a storage location separate from the refuse bin location. (Sanitation) Facilities which participate in recycling operations shall provide a location separate from the refuse containment area for such activities. (Sanitation) This project is subject to Council Resolution 111-83, which requires developers of major retail projects to pay a share of the costs for area-wide improvements to public facilities. This share of costs shall be paid prior to issuance of a building permit. (Traffic Engineering) June 3, 1998 Exhibit"A" Zone Change P98-0215 Conditions of Approval Page10 Public Works Department Conditions: Upon further subdivision or with the first site development, the developer shall pay to the City a fee for his proportionate share of the cost of: a) Construction and right-of-way acquisition to widen the following street segments to three lanes (including modifications to traffic signals where required): Street Limits Proiect % Stockdale Hwy, EB Stockdale Hwy, EB & WB New Stine Rd., NB & SB California Ave., SB California Ave., SB Stockdale Hwy., EB & WB New Stine Rd./500' east (intersection expansion) New Stine Rd./500' Belle Terrace/Stockdale Highway Stockdale Highway/Business Center Drive Right-turn lane at Stockdale Highway Real Road to California Ave. (median narrowing) 4.3% 4.3% 4.3% 4.3% 4.3% 4.3% b) Modification/reconstruction of the following traffic signals: Intersection Project % Stockdale Highway & Real Road 1.1 % California Avenue & Mohawk Street 1.7% The fee shall be paid at the time of obtaining a building permit and shall be based on an estimate prepared by the developer and approved by the City Engineer. Upon further subdivision or with the first site development, the developer shall obtain right-of-way and construct the following improvements: a) Widen the north side of Stockdale Highway between the east project boundary and California Avenue to three lanes plus a westbound to northbound right-turn lane at the California Avenue intersection. b) Construct right turn storage lanes for all existing and proposed drive approaches along the north side of Stockdale from the east end of the project frontage to California Avenue. Depending upon driveway location, this may require construction beyond the east boundary of the project. June 3, 1998 Exhibit"A" Zone Change P98-0215 Conditions of Approval Page 11 c) Remove all existing striping on Stockdale Highway between Calloway Avenue and Real Road, eastbound and westbound, and restripe the pavement for 6 lanes with bikelanes. Transitional restriping at each end of this street segment will also be required. d) Widen the east side of California Avenue between Stockdale Highway and Business Center Drive to three lanes northbound. Upon further subdivision or with the first site development, the developer shall modify the following traffic signals as indicated: a) Stockdale Highway and Village Lane - Modify for full operation of major driveway with right turn lane to commercial center. b) California Avenue and Stockdale Highway - Modify as required by the construction in item 1. above. c) Stockdale Highway intersections between Real Road and California Avenue - Add vehicle detection for the additional lanes required in items a. and 2. above. Upon further development or subdivision of the project area, the owner shall pay all costs for establishing a new landscape maintenance district or inclusion of the project area into an existing landscape maintenance district. P :~?. 15~Z215CON.CC.wpd June 3, 1998 ORiG;NAI. FP'P C'2 CITY OF BAKERSFI£LD ZONING MAP 102-34 SEC 54 1' 29s R 27[ LEGEND EXHIBIT C P.C.D. NO. P98-0215 Legal Description FROM A P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE TO A P.C.D. IPLANNED COMMERCIAL DEVELOPMENT) ZONE: Those portions of the southeast quarter of Section 34, T.29S., R.27E., M.D.B.&M., City of Bakersfield, County of Kern, California, more particularly described as follows: Parcel A and C of Parcel Map No. 3780 per map filed in Parcel Map Book 12, Page 12 in the Office of the Kern County Recorder; and Commencing at a point on the east line of said Section 34, distant North 00°03'00" west, 85.00 feet from the southeast corner of said section; THENCE south 89°56'12" west, 272.74 feet to a point on the north right-of-way line of Stockdale Highway and the True Point of Beginning; THENCE continuing south 89°56'12" west, along said right-of-way fine, 303.35 feet; THENCE north 00°05'48" west, 569.68 feet; THENCE north 89°57'42" east, 500.98 feet; THENCE south 17°58'22" west, 477.12 feet; THENCE 23°06'53" west, 125.96 feet to the point of beginning; an~l Parcel 1 and Parcel 2 of Parcel Map No. 3933 per map filed in Book 17 of Parcel Maps, Page 116 in the Office of the Kern County Recorder. Containing 15.6 acres. FROM A P.C.D. ¢PLANNED COMMERCIAL DEVELOPMENT) ZONE TO A C-2 (REGIONAL COMMERCIAL) ZONE: Those portions of the southeast quarter of Section 34, T.29S., R.27E., M.D.B.&M., City of Bakersfield, County of Kern, California, more particularly described as follows: Parcel B of Parcel Map No. 3780 per map in Parcel Map Book 12, Page 12 in the Office of the Kern County Recorder Containing 1.6 acres. JE:pjt p:zO215-1d AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) 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 30th day of June ,1998 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3851 , passed by the Bakersfield City Council at a meeting held on the 24th day of June, 1998 , and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-34 BY CHANGING THE ZONING OF 1.6 ACRES FROM A PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE TO A C-2 (REGIONAL COMMERCIAL) ZONE; AND ON 15.6 ACRES PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE TO A REVISED PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE GENERALLY LOCATED ON THE NORTHEAST CORNER OF STOCKDALE HIGHWAY AND CALIFORNIA AVENUE. /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield ,) DEPUTY City Clerk S:\DOCUMENT~AOPOSTING July 1, 1998