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HomeMy WebLinkAboutORD NO 3990ORDINANCE NO..~ 9 9 0 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NOS. 101- 36, 102-31 AND 122-01 BY CHANGING THE ZONING FROMR-1 TO C-2 ON 1.29 ACRES, R-2 TO R-1 ON 10.63 ACRES, C-2 TO R-2 ON 2.66 ACRES, C-2 TO R-1 ON 0.58 ACRES, R-1 TO R-2 ON 6.14 ACRES AND PUD TO R-1 ON 224.15 ACRES GENERALLY LOCATED BETWEEN BRIMHALL ROAD, THE CROSS VALLEY CANAL, STOCKDALE HIGHWAY, CALLOWAY DRIVE AND ALLEN ROAD (ZONE CHANGE P00-0477) 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 propedies in the City of Bakersfield generally located between Brimhall Road, the Cross Valley Canal, Stockdale Highway, Calloway Drive and Allen Road; and WHEREAS, by Resolution No. 93-00, on September 21, 2000, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve R~I to C-2 on 1.29 acres, R-2 to R-1 on 10.63 acres, C-2 to R-2 on 2.66 acres, C-2 to R-1 on 0.58 acres, R-1 to R-2 on 6.14 acres and PUD to R-1 on 224.15 acres as delineated on attached Zoning Map Nos. 101-36, 102-31 andD 122-01 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, 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 R-1 to C-2 on 1.29 acres, Ro2 to R-1 on 10.63 acres, C-2 to R-2 on 2.66 acres, C-2 to R-1 on 0.58 acres, R-1 to R-2 on 6.14 acres and PUD to R-1 on 224.15 acres 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 August 17, 2000, in accordance with CEQA; and WHEREAS, project site is located within the boundaries of GPA/ZC Nos. P96-0521, P96-286 and P96-0287 for which an EIR was certified; and WHEREAS, many of the mitigation measures which were approved for GPA/ZC Nos. P96-0521, P96-286 and P96-0287 are applicable to GPA/ZC P00-0477; and WHEREAS, the general plan designation for this area allows residential and commercial development; and WHEREAS the City Council has considered and hereby makes the following findings: 1. All required ~ublic notices have been given. ORiGtN~L 6. 7. 8. The provisions of the California Environmental Quality Act have been followed. The South of Brimhall Road EIR mitigation measures are applicable to this project. Mitigation Measures/Conditions of Approval shown on Exhibit "A" are included in the project to ameliorate impacts. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Land Use Element. The proposed project is consistent with the Circulation Element. 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. follows: SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as 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 Nos. 101-36, 102- 31and 122-01 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 mitigation measures/conditions of approval listed in attached Exhibit "A", subject to approval of GPA P00- 0477. 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 ......... 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 NfIV ~ 9 2000 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, GREEN, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNClLMEMBER l,J~i'~ ~ COUNCILMEMBER ~O~ CITY CLERK and Ex Officio Clel~)of the Council of the City of Bakersfield ~ APPROVED NOV ~9 Z000 BOB PRICE MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney RD: November 17, 2000 S:\Dole\P00-0477\CC ZC Ordinance.wpd 4, EXHIBIT A General Plan Amendment and Zone Change P00-0477 Mitigation Measures/Conditions The developer shall be required to contribute to the Phase II, Regional Traffic Impact Fee (RTIF), based upon the actual developed uses per the adopted Fee schedule. These fees have been established by Council as minimum mitigation for build out of the General Plan. Upon first subdivision or development of the property within the Concurrent GPA and zone change area, The subdivider/developer shall submit offers of dedication to City standard width for Allen Road, including expanded intersections, all as shown on the circulation element of the 2010 General Plan. A conceptual drainage study shall be submitted to and approved by the City Engineer. The drainage study should include, but not necessarily be limited to the proposed retention basin site(s) and size, and anticipated construction phasing. At the time of first development, subsequent more detailed studies shall be required to be submitted to and approved by the City Engineer. The applicant shall initiate proceedings to form a Planned Drainage Area if necessary to facilitate construction of the drainage system(s). Necessary flowage/drainage easements as indicated in the approved drainage study shall be submitted to the City Engineer. Upon subdivision or development of property within the GPA and zone change area, a. Municipal sewer and water services shall be provided. The portion of the Allen Road Trunk Sewer within or adjacent to the Concurrent GPA and zone change area shall be constructed with the development of the first area within the Allen Road Trunk Sewer Service area. If the first subdivision or development of the property within the area within the Allen Road Trunk Sewer Service area is submitted prior to the completion of assessment district formation proceedings, then the developer shall make arrangements, satisfactory to the City Engineer, ensuring the subject property's financial participation in the district. Mainline extensions to provide services for future development/subdivision shall be made. Prior to first subdivision or development of the property within the Concurrent GPA and zone change area, a master concept proposal for providing municipal services shall be submitted to and approved by the City Engineer. (Sewer service exists along the Buena Vista Road alignment. However, the trunk sewer pipeline to be located in Allen Road will ultimately serve the area. Therefore, provisions will be made to allow the sewer to ultimately gravity flow to Allen Road but the Buena Vista line may be utilized on an interim basis until the~ Allen Road trunk system ~s completed. Fees wdl be pa~d to allow the area the~dse of the Buena Vista and Stockdale trunk sewers.) Exhibit "A" GPA/ZC P00-0477 Mitigation Measures Page 2 10. Access to arterials shall be limited subject to review upon development or subdivision. To reduce the project's contribution to the significant cumulative traffic impacts on intersections and roadway segments in the year 2020, the following mitigation is required. Prior to the issuance of building permits, the project applicant shall comply with the Metropolitan Bakersfield Transportation Impact Fee Program. The above fees shall be used to provide improvements to improve intersections and roadway segments to an acceptable level of service (LOS C). The following improvements are anticipated based on the fee program. Fully expand and signalize the 22 intersections listed in Table 5.3-2 in the Draft EIR per City of Bakersfield Standard Detail 'T4'. Widen the 49 roadway segments that are located on Table 5.3-3 to the lane configuration shown in Table 7 in Appendix D of the Draft E. I. R. Prior to the issuance of a grading permit, the project applicant shall pay a development fee in accordance with the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). The construction of the proposed project would result in the generation of fugitive dust. Compliance with San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) Regulation VIII would result in no significant fugitive dust emissions. To ensure compliance, the following measure shall be implemented. Prior to the approval of a grading plan for any residential tract, multiple family project, and commercial project, the project applicant shall submit a letter to the City of Bakersfield Planning Department from the SJVUAPCD stating the dust suppression measures that shall be completed during construction activities to comply with SJVUAPCD Regulation VIII. The construction of the proposed project would include asphalt paving. Compliance with SJVUAPCD Rule 4641 would result in no significant ROG emissions. To ensure compliance, the following measure shall be implemented. Prior to the approval of a grading plan for any residential tract, multiple family project, and commercial project, the project applicant shall submit a letter to the City of Bakersfield Planning Department from the SJVUAPCD stating the measures that shall be completed during asphalt paving to comply with SJWAPCD Rule 4641. Exhibit "A" GPA/ZC P00-0477 Mitigation Measures Page 3 11. To reduce NOx emissions, the following measures shall be completed: The construction grading plans shall include a statement that all construction equipment will be tuned and maintained in accordance with the manufacture's specifications. The construction grading plans shall include a statement that work crews will shut off construction equipment when not in use. 12. The project applicant shall incorporate the following in building plans: Solar or Iow-emission water heater shall be used. Central water heating systems shall be used. Double-paned glass shall be used in all windows. Energy efficient Iow-sodium parking lot lights shall be used. 13. If cultural resources are unearthed during construction activities, all work shall be halted in the area of the find. A qualified archaeologist shall be called in to evaluate the findings and recommend any necessary mitigation measures. Proof of compliance with any recommendations resulting from such evaluation, if required, shall be submitted to the Southern San Joaquin Valley Archaeological Information Center (AIC) at California State University, Bakersfield, (CSUB) and to the City of Bakersfield Development Services Department. 14. Prior to recordation of tract maps, all abandoned oil wells shall be identified, tested for leakage, and, if necessary, re-abandoned in accordance with Department of Oil and Gas procedures to avoid potential gas migration impacts. 15. Prior to recordation of tract maps, all idle and producing oil wells on the project site shall be enclosed by block walls to reduce the potential for accidents, as required by local ordinance. 16. Prior to recordation of tract maps, the project applicant shall provide setbacks from idle and producing oil wells in accordance with the City's Municipal Code. The setbacks shall be a minimum of 100 feet for residences and a minimum of 300 feet for assembly, education, and institutional occupancies. 17. Prior to issuance of building permits, all oil contaminated soil shall be remediated to the satisfaction of the Local Unified Program Agency (The Office of Environmental Services- Bakersfield City Fire Department) in conjunction with the State Regional Water Quality Control Board, and/or the California Depadment of Toxic Substances Control. 18. The project applicant will be required to dedicate land, pay a fee in accordance with park standard, or a combination of parkland dedication and payment of a fee. The project applicant will be required to dedicate for the entire EIR site approximately acres of land for the entire 758 acre project area. Exhibit "A" GPNZC P00-0477 Mitigation Measures Page 4 19. Loss of open space to be mitigated as follows: Applicant to provide 43 acres of open space (subject to the approval of the Planning Director) within one mile of the P.U.D. to R-1 zone change project boundary prior to the submittal of any tentative tract which would be located within the P.U.D. to R-1 zone change project boundary. Public Works: Land Use Changes Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: Provide fully executed dedication for Jewetta Avenue to arterial standards for the full frontages of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. Submit a comprehensive drainage study for approval by the City Engineer. Site any drainage retention facility on the periphery of the GPA area to facilitate future expansion or consolidation of drainage facilities as adjacent area develops. The study shall be approved and any required retention site and necessary easements dedicated to the City. c. Submit a sewer study for approval by the City Engineer. 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. Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. All other mitigation measures and conditions from the previous GPA/ZC P96-0286 (south of Brimhall) will apply. Prepare plans to be approved by the City Engineer for the abandonment of the golf cart crossing under Calloway Drive. A master park plan for the entire project area (south of the Kern River Freeway between Allen Road and Calloway Drive) must be approved by the City prior to any tentative tract submittal within this same area. S:\Dole\P00-0477\EXHIBIT A.wpd A-ZOA CiTY OF BAK/RSF[£LO ZONING MAP 101-36 SI[C 36 T 29S. R,~6E. LEGEND I CITY OF (~AKERSFIELD '" ~" ~'"° ZONING MAP IO2-31 I ' ~-i ~J'~ ~ ' ~ N I ~ ~ ~ .-i II~' i~ ~. t / ~: ~1 ~ I ,', ..... ,, ~,,-, '~, ~,,'~ -, .~ m O ~ CtTY OF BAKERSFIELD T,~ o,_,, ZONING MAP 122-OI SEC O; r 30s R. Z6( C'2 EXHIBIT C ZONE CHANGE LEGAL DESCRIPTIONS ALL THOSE PORTIONS OF SECTION 36, TOWNSHIP 29 SOUTH, RANGE 26 EAST, SECTION 31, TOWNSHIP 29 SOUTH, RANGE 27 EAST, AND SECTION 1, TOWNSHIP 30 SOUTH, RANGE 26 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: PROPOSED R-2 (FROM R-l) COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 36, MARKED BY A CITY OF BAKERSFIELD CONCRETE MONUMENT IN LAMPHOLE AS SHOWN ON RECORD OF SURVEY BOOK 19 AT PAGES 115 TO 121 IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE S.85°51'49"E., 2053.13 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A POINT ON THE CENTERLINE OF STOCKDALE HIGHWAY AS SHOWN ON SAID RECORD OF SURVEY, AND ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 3000.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N06°26'58"E.; THENCE EASTERLY ALONG SAID CURVE AND SAID CENTERLINE THROUGH A CENTRAL ANGLE OF 01"22'28" AN ARC DISTANCE OF 71.96 FEET; THENCE DEPARTING SAID CENTERLINE, N.OO"29'14"E., 226.83 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 2560.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N.68°26'58"W.; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05"08'49" AN ARC DISTANCE OF 229.97 FEET TO THE POINT OF BEGINNING. CONTAINING 0.19 ACRE. PROPOSED R-1 (FROM R-2) COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 36, MARKED BY A CITY OF BAKERSFIELD CONCRETE MONUMENT IN LAMPHOLE AS SHOWN ON RECORD OF SURVEY BOOK 19 AT PAGES 115 TO 121 IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE N.88°06'56"E., 2122.25 FEET TO THE POINT OF BEGINNING; THENCE N.00°29'14"E, 1371.98 FEET; THENCE S89°30'46"E., 519.10 FEET; THENCE S.00°29't4"W., 534.26 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 2560.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N.46°37'49"W.; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°11'44" AN ARC DISTANCE OF 991.70 FEET TO THE POINT OF BEGINNING. CONTAINING 10.63 ACRES. PROPOSED R-2 (FROM R-l) COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 36, MARKED BY A CITY OF BAKERSFIELD CONCRETE MONUMENT IN LAMPHOLE AS SHOWN ON RECORD OF SURVEY BOOK 19 AT PAGES 115 TO 121 IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE N.?9°03'59"E., 2692.85 FEET TO THE POINT OF BEGINNING; THENCE N.00"29'14"E., 392.32 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 2560.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N.46%7'49"W.; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07°56'14' AN ARC DISTANCE OF 354.64 FEET; THENCE S,38°41'35"E. 560.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 2000.00 FEET AND TO WHICHA RADIAL LINE BEARS N38°41'35"W; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08°15'33 AN ARC DISTANCE OF 288.30 FEET; THENCE N.89°56'18"W. 40273 FEET TO THE POINT OF BEGINNING CONTAINING 595 ACRES. PROPOSED R-2 (FROM C-2) COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 36, MARKED BY A CITY OF BAKERSFIELD CONCRETE MONUMENT IN LAMPHOLE AS SHOWN ON RECORD OF SURVEY BOOK 19 AT PAGES 115 TO 121 IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE N.79'03'59"E., 2692.85 FEET TO THE POINT OF BEGINNING; THENCE S.89'56'18'E., 402.73 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 2000.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N.46'57'08'W.; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25'50'26" AN ARC DISTANCE OF 902.00 FEET TO THE CENTERLINE OF STOCKDALE HIGHWAY AS SHOWN ON SAID RECORD OF SURVEY, ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 3000.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N.17'11'51"E.; THENCE NORTHWESTERLY ALONG SAID CURVE AND SAID CENTERLINE THROUGH A CENTRAL ANGLE OF 00°13'21. AN ARC DISTANCE OF 11.65 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO 'THE WEST, HAVING A RADIUS OF 1000.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS S.71°10'42"E.; THENCE DEPARTING SAID CENTERLINE, NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18'20'04" AN ARC DISTANCE OF 320.00 FEET; THENCE N.00'29'14'E., 456.46 FEET TO THE POINT OF BEGINNING. CONTAINING 2.66 ACRES. PROPOSED C-2 (FROM R-l) COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 36, MARKED BY A CITY OF BAKERSFIELD CONCRETE MONUMENT IN LAMPHOLE AS SHOWN ON RECORD OF SURVEY BOOK 19 AT PAGES 115 TO 121 IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE N.81'30'28'E., 3452.97 FEET TO THE POINT OF BEGINNING; THENCE N.89°56'18"W., 368.41 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 2000.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N.46°57'08"W.; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08°15'33" AN ARC DISTANCE OF 288.30 FEET; THENCE S.38°41'35"E., 251.36 FEET TO THE POINT OF BEGINNING. CONTAINING 0.85 ACRE. PROPOSED R-1 (FROM C-2) COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 36, MARKED BY A CITY OF BAKERSFIELD CONCRETE MONUMENT IN LAMPHOLE AS SHOWN ON RECORD OF SURVEY BOOK 19 AT PAGES 115 TO 121 IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE N.81'30'28"E., 3452.97 FEET TO THE POINT OF BEGINNING; THENCE S.89°56'18'E., 112.67 FEET; THENCE S.28'48'02"E., 511.43 FEET; THENCE N.38'41'35'W., 574.36 FEET TO THE POINT OF BEGINNING. CONTAINING 0.58 ACRE. PROPOSED C-2 CFROM R-l) COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 36, MARKED BY A CITY OF BAKERSFIELD CONCRETE MONUMENT IN LAMPHOLE AS SHOWN ON RECORD OF SURVEY BOOK 19 AT PAGES 115 TO 121 IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE S.85'00'27"E., 4015.40 FEET TO THE POINT OF BEGINNING; THENCE N.28'48'02"W., 469.11 FEET; THENCE S.38°41'35"E., 477.35 FEET; THENCE S.62°01'38"W., 82.02 FEET TO THE POINT OF BEGINNING. CONTAINING 0.44 ACRE. P:I6836.2813628ZONE.DOC/JFKJJUNE20,2000 Commencing at a point which is N 0° 22' 41" E, 96.33 feet .om the E.a.st quarter comer of sa.id Section 36; Thence along the centerline of the future Kern River Freeway S 89© 08' 02" E, 3563.94 feet point on the centerline intersection of the future Calloway Drive and the beginning of a nontangent curve concave to the East whose radial bears S 8t" 49' 56" E, 2700.00 feet to the centerpoint; Thence South along said curve an arc length of 350.87 feet and through a central angle of 7° 26' 45" to a point on a tangent line; Thence along said tangent, which is the centerline of the future Calloway Drive/:.:.. S 0° 43' 19" W, 913.36 feet to the beginning' of a curve concave to the-East- whose radius is 4000.00 feet; Thence along said curve, which is the centerline of the future Calloway Drive, an arc length of 118.20 feet and through a central angle of I" 41' 35" to a point on the North fight of way of the Cross Valley Canal; 5. Thence along said fight of way S 80° 20' 35" W, 2039.92 feet to the beginning of a curve concave to the South whose radius is 1065.00 feet; . 6. Thence along .sa/d curve, which is the North right of way of the Cross ~,ailey::-. canal, an arc length of 202.98 feet and through a cent.m/angle of 10° 55' 13' to a point on a tangent line; 7. Thence continuing along said fight of way S 69° 25' 22" W, 804.84 feet to a point; 8. Thence continuing along said fight of way N 20° 34' 38" W, 5.00 feet to a point; 9. Thence continuing along said fight of way S 69° 25' 22" W, 427.36 feet to the beginning of a curve concave to the South F~st ',,,'hose radius is 1070.00 feet; 10. Thence along said curve, which is the said fight of way of the canal, an arc length of 138.14 feet and through a central angle of 7" 23' 50" to a point on a tangent line: 11. Thence along said tangent S 62° 01' 32" W, 56.14 feet to a point on the intersection with the East line of Section 36; 12. '[ltence along said canal fight of way S 62° 0i' 32" W, i2.65 feet to a point; 13. Thence leaving s~dd canal fight of way N 27° 58' 22" W, 75.00 feet to a point on the Rio Bravo Canal right of way; 14. Thence along .sa. id fight of way S 62° 01' 38" W, 105.00 feet to a point; 15. Thence continuing along saJ. d right of way N 27" 58' 22" W, 83.50 feet to th~: 'i:~ t-.~;,,..,;,,o of a curve whose radius is 235.00 feet; ?~ rs, 17. Thence continuing along sa.id canal right of way N 89° 59' o9' W, 386.36 feet to a point; 18. Thence N O0° 00' 11' E, 25.00 feet to the beginning of a nontangent curve concave to the North whose radial be~zs lq' {30° 00' 11~' E, 145.00 feet to the centerpoint; 19. Thence along said curve mad said canal right of way an arc length of 78.46 feet and through a central angle of 31° 00' 10" to a point on a tangent line; 20. Thence along said tangent and said canal fight of way N 58° 59' 39~ W, 151.43 feet to the beginning of a curve concave to the North East and whose radius is 397.00 feet; 21. Thence along said curve an arc length of 209.97 feet and through a central angle of 30° 18' 14" to a point on a nontangent line; 22. Thence continuing along sa/d canal fight of way S 61" 18' 35" W, 17.34 feet to a point; 23. Thence along sa/d Rio Bravo Canal fight of way N 28° 48' 02' W, 1376.30 feet to a point: 24. Thence along said Rio Bravo Ca~al right of way N43° 01' 20' W, 798.03 feet to a point; 25. Thence along said Rio Bravo Canal right of way N 78° 41' 20" W, 622.81 feet to the point of intersection with the centerline of the future Kern River Freeway; 26. Thence along said eenterline S 89° 08' 027 E, 2966.35 to the point of beginning. Containing 224.15 acres, more or less. 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 30TM day of November , 2000 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3990 , passed by the Bakersfield City Council at a meeting held on the 29TM day of November 2000 and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 101-36,102-31 AND 122-01 BY CHANGING THE ZONING FROM R-1 TO C-2 ON 1.29 ACRES, R-2 TO R-1 ON 10.63 ACRES, C-2 TO R-2 ON 2.66 ACRES, C-2 TO R-1 ON 0.58 ACRES, R-1 TO R-2 ON 6.14 ACRES AND PUD TO R-1 ON 224.15 ACRES GENERALLY LOCATED BETWEEN BRIMHALL ROAD, THE CROSS VALLEY CANAL, STOCKDALE HIGHWAY, CALLOWAY DRIVE AND ALLEN ROAD /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield D~'PU'F"Y City Clerk "~ ~"-'" S:\Document\FORMS~AOP.ORD.wpd November 30, 2000