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Home My WebLink AboutORD NO 4484 ORDINANCE NO. 4 4 8 4 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 104-15) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 (ONE FAMILY DWELLING) TO C-1/PCD (NEIGHBORHOOD COMMERCIAU PLANNED COMMERCIAL DEVELOPMENT) ON 4.59 ACRES, GENERALLY LOCATED ON THE NORTHWEST CORNER OF ALFRED HARRELL HWY AND STATE ROUTE 178 (ZC NO. 06- 2053 ). WHEREAS, in accordance with the procedures set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the land use zoning of those certain properties in the City of Bakersfield generally located on the northwest corner of Alfred Harrell Hwy and State Route 178; and WHEREAS, by Resolution NO.149-07 on September 20, 2007, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 06-2053 as delineated on attached Zoning Map 104-15 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 restated herein; 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 (One Family Dwelling) to C-1/PCD (Neighborhood Commercial! Planned Commercial Development) on 4.59 acres, and the Council has considered said findings as restated herein and all appear to be true and correct; and WHEREAS, the laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission; and WHEREAS, a Negative Declaration with mitigation was advertised and posted on August 9,2007, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows commercial development on the approximately 4.59-acre project site; and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 149-07, adopted on September 20,2007: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. Page 1 of 3 'OM~~ J ~ ;;.... ..- I- rn _ r- <.) 0 ORIGINAL 3. Based on the intial 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 proposed project is consistent with surrounding land uses. 5. The proposed project, as shown on Exhibit "B," is consistent with the Metropolitan Bakersfield General Plan. 6. The public necessity, general welfare and good planning practices justify the requested zone change, as shown on Exhibit "B." SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. That the above recitals, incorporated herein, are true and correct. 2. The Negative Declaration is hereby 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 104-15 marked Exhibit liB" 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/Conditions of Approval" listed in attached Exhibit "A", subject to approval of GPA/ZC No. 06-2053. 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--------- Page 2 of 3 ~ 'O~k~~ <:) ~ ~ - I- m - r- (,) 0 ORIGINAL 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 JAW 1 6 2008 by the following vote: ~ COUNCILMEMBER ~ COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER /' '/./ ~ ..,/ --- CARSON. iDJllf.M. WEIR. COUCH. HANSON. SULLIVAN. SCRIVNER ~ ~ j,!'flt:L PAMELAA. McCARTHY, CM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney BY~h.~ Exhibit A - Mitigation/Conditions of Approval B - Zoning Map 104-15 C - Zone Change Legal Description CG - S:\GPA 3rd 2007\06-2053\Resolutions\CC ZC Ordinance 06-2053.doc Page 3 of 3 ~ 'Ofo.kc-9 ~ ~ I- f1l - F (,) C;J ORIGINAL Exhibit A Mitigation/Conditions of Approval ~ 'O~K~,\ ~ - 5 & ORIGINAL EXHIBIT A Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 06-2053 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Air Quality The proposed project will have air pollutant emissions associated with the construction and occupied use of the project site. The following measures mitigate the emissions associated with the construction and occupancy of the project. 1. Mitigation Measures for Construction Equipment Exhaust a. Prior to grading plan approval, the applicant/developer of the project site shall demonstrate to the City of Bakersfield Planning Department and the SJVUAPCD that all construction activities and operations will meet, or have met all air quality control measures required by the SJVUAPCD. b. Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. c. Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. d. Encourage ride sharing and use of transit transportation for construction employees commuting to the project sites. e. Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. Mitigation for potentially significant air quality impacts. 2. The Mitigation Measures for Fugitive Dust Emissions a. The applicant and/or the developer of the project site prepare and submit to the San Joaquin Valley Unified Air Pollution Control District and the City of Bakersfield, prior to grading plan approval construction a dust control plan that contains at minimum the following: b. All disturbed areas, including storage piles, which are not being actively used for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover, or vegetative ground cover. c. All onsite unpaved roads and offsite-unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. d. All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. e. When materials are transported offsite, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained. f. All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. g. Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizer/suppressant. f.>..k ~ '0 ~~ <:) ~ ;;.... - P~e1~5 ~ ~ <.) c ORIGINAL EXHIBIT A-1 GPAlZC No. 06-2053 Mitigation/Conditions of Approval Mitigation for potentially significant air quality impacts BioloaicallmDact Mitiaation Measures 3. Prior to development, California Department of Fish and Game protocol level Blunt Nosed Leopard Lizard (BNLL) surveys shall be conducted by a qualified biologist to determine in BNLL are present on the project site. Any evidence shall be reported to the reviewing agencies for resolution. Upon completion, a copy of the BNLL survey shall be submitted to the Planning Director. Mitigation for potentially significant impacts to biological resources 4. Because the site is entirely within the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) boundaries, any loss of habitat, or "incidental take" of a sensitive species, other than Gambelia sila, blunt-nosed leopard lizard (BNLL), Athene cunicularia, burrowing owl, or Buena Vista Lake shrew, would be covered under previously established mitigation. The applicant shall adhere to all requirements of MBHCP. Mitigation for potentially significant impacts to biological resources 5. A preconstruction clearance survey shall be conducted within 30 days of initial ground disturbance in accordance with the provisions of the MBHCP. Any potential, inactive, or active kit fox dens or burrowing owl sites identified as unavoidable, be monitored, excavated, and backfilled in accordance with the recommendations of the MBHCP, and all guidelines, protocols, and other provisions of the CDFG, the USFWS, the Migratory Bird Treaty Act, Endangered Species Act, and California Endangered Species Act. Upon completion, a copy of the clearance survey shall be submitted to the Planning Director. Mitigation for potentially significant impacts to biological resources 6. A "tailgate" session for all construction personnel shall be conducted by a qualified biologist, prior to initial ground disturbance, relative to all environmental federal, state and local law. All construction personnel shall be trained in sensitive species identification and avoidance techniques and be instructed to be on the lookout for sensitive species during earth disturbance phases of construction. Any evidence, such as dens, burrows, or potential raptor nests, observed at any time during construction, shall be promptly reported to the reviewing agencies for resolution. Documentation of the training session shall be submitted to the Planning Director within five days of the date of the training session. Mitigation for potentially significant impacts to biological resources 7. All pipes, culverts, or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry of kit fox. All structures not capped or otherwise covered, shall be inspected prior to burial or closure no kit fox, or other protected species become entrapped. Mitigation for potentially significant impacts to biological resources Cultural Resource Mitiaation Measures 8. If paleontological resources are encountered during construction, a qualified paleontologist shall be retained by the developer to evaluate the significance of the resources and formulate a mitigation program if necessary. The paleontologist shall coordinate with the City of Bakersfield Planning Department. Mitigation for potentially significant cultural resource impacts 9. 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 CountJ. 'O~If~~~ .:>.. Ri Page 2 of 5 5 I; EXHIBIT A-1 GPAlZC No. 06-2053 Mitigation/Conditions of Approval 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 10. Prior to ground-disturbance activities associated with this project, personnel associated with the grading effort shall be informed of the importance of the potential cultural and archaeological resources (Le. archaeological sites, artifacts, features, burials, etc.) that may be encountered during site preparation activities, how to identify those resources in the field, and of the regulatory protections afforded to those resources. The personnel shall be informed of procedures relating to the discovery of archaeological remains during grading activities and cautioned to avoid archaeological finds with equipment and not collect artifacts. The applicant/developer of the project site shall submit documentation to the Planning Department that they have met this requirement prior to commencement of ground-disturbance activities. This documentation should include information on the date(s) of training activities, the individual(s) that conducted the training, a description of the training, and a list of names of those who were trained. Should cultural remains be uncovered, the on-site supervisor shall immediately notify a qualified archaeologist. Mitigation for potentially significant cultural resource impacts Traffic ImDact MitiQation Measures 11. Prior to the issuance of any building permit within the GPA/ZC area, the developer shall pay the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of Bakersfield Public Works Department. Mitigation for potentially significant traffic impacts 12. Prior to issuance of the first building permit within the GPA/ZC area, the developer shall pay the proportionate share contributions for the intersection and roadway improvements not covered by the RTIF as identified in the project traffic study (Crenshaw Traffic Engineering, December 2006): a. Install traffic signals at SR 184 (Masterson Road) and SR 178 b. Install street improvements per City of Bakersfield and Caltrans requirements on SR 178 and Alfred Harrell Hwy adjacent to development. c. Install one 12 feet wide minimum lane each direction on SR 178 from Canteria Drive to Miramonte Drive. Mitigation for potentially significant traffic impacts ADDITIONAL CONDITIONS OF APPROVAL: Public Works 13. Along with the submittal of any development plan, prior to approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur: a. Provide fully executed dedication for Alfred Harrell Highway to expressway standards and an additional auxiliary lane for the frontage of the GPA area. Provide fully executed dedication for State Route 178 to arterial standards and an additional auxiliary lane for the frontage of the GPA area. 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 GPA/ZC area is submitted, dedication can be provided with the map. ~t>.k~ J ~dl ;;.... ~ I- m Page 3 of 5 C3 5 ORIGINAL EXHIBIT A-1 GPAlZC No. 06-2053 Mitigation/Conditions of Approval b. This site drains to the Kern River. Any storm drain system shall have BMP's in place for drainage. Approvals shall be obtained from the State Water Resources Control Board. The area is too small to support it's own storm drainage sump. The City will allow no more than one sump per 80 acres; therefore, this GPA/ZC area must be included within the drainage area of adjoining property. Submit a comprehensive drainage study of the entire drainage area, to be reviewed and approved by the City Engineer. The study shall show the development's proportionate share of the necessary ultimate storm drainage facilities. The developer shall participate in the development of a Planned Drainage Area, or shall provide some other method for the construction of the ultimate facilities satisfactory to the City Engineer. Any required retention site and necessary easements shall be dedicated to the City. c. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. 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. e. Developer is responsible for the construction of all infrastructure, both public and private, within the boundary of the GPA/ZC area. This includes the construction of any and all boundary streets to the centerline of the street, unless otherwise specified. The developer is also responsible for the construction of any off site infrastructure required to support this development, as identified in these conditions. The phasing of the construction all infrastructure will be addressed at the subdivision map stage. For orderly development 14. 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. For orderly development 15. Prior to issuance of a building permit, the developer shall pay a major transportation facility fee in the amount of 35~ per square foot for commercial!industrial use or the fees in effect at the time of building permit approval. If prior to issuance of a building permit said fee is merged into the regional TIF program then payment of the regional TIF fee will be deemed to have satisfied the intent of this condition. This fee is imposed per City Council approved action plan to pursue funds needed to complete construction of major transportation facilities to serve growth and development within Metropolitan Bakersfield. For orderly development 16. Payment of the proportionate share of the cost of the median for the arterial frontage of the property within the GPA/ZC request is required prior to recordation of any map or approval of any improvement plan for the GPA/ZC area. For orderly development 17. The proposed site is extremely small located on two access restricted facilities and access to the site must be limited. Unless specifically approved by Caltrans no access is allowed to Highway 178. Alfred Harrel Highway access is owned in fee by the City. Any access must be purchased. We recommend only one access be allowed to Alfred Harrel Highway, centered no closer th~~fo.K~~ <:) ~ ~ m Page 4 of 5 C3 6 ORIGINAL EXHIBIT A-1 GP AlZC No. 06-2053 Mitigation/Conditions of Approval 200 feet from the end of curb return at Highway 178. The expanded intersection right turn lane shall be lengthened to provide a minimum of 100 feet of storage upstream of the proposed access. Left turns are not permitted in or out. For orderly development 18. Regional Transportation Impact Fee - Pay the standard commercial fees, computed in accordance with policy, as adopted at time of development. Mitigation for potentially significant traffic impacts Plannina 19. Upon submittal of tentative tract maps for approval, the applicant shall provide the right of way for a Class II bike lane at the south end of the project site along Hwy 178 and the right of way for a Class II bike lane at the east end of the project site along Alfred Harrell Hwy. For orderly development 20. Prior to issuance of Building Permits, the developer shall submit a site plan for review and approval by the City Council. Condition added by the City Council at the public hearing. City Attornev 21. In consideration by the City of Bakersfield for land use entitlements, including but not limited to relatedenviro.nmental 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. a. 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. b. 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. Page 5 of 5 ~f>,K~~ J ~ >- - I- rn o 5 ORIGINAL Exhibit B Zoning Map 104-15 ~ 'Of>../(~~ <:) ~ ;;.... - I- rn - r- <..) 0 ORIGINAL I,()~ -N I Ii ~ o 9CLIIl ~<[C7l u.. N ~~I-' W :.: ~C) ll...Z 0- Z!l ~O . t::N~ (,) Ul ~ II Is i .. " .'" L :i05~u ..wzs:~ 5~H ffi I !~.. ~ ~. I , wi: I ...J J ~ .. 'il f a , II:: -- A...M.... + ! i: ;;; 8 iI ., ; ~ : ~ H ~i i i ! II.;..... ..~ ri Bw 3 ! I A t v- V ~ t .. 'i ;/ ; 'II 0 it z ...15_ il- ..- 'Cl W ~ a= &~~~ t;iI~:..1 ~~ r~~ --0. ~-'-"i..J.o w is lEi h!:':i: U ~ ~!a!~~~;:t.~=:,",ii VI" 1I't!~''::I'IJ'-'' ! ~,9 ~ ~ ~ i~ ~S:"'g ~ ~ ~ ~~'r~~~!s~e~~~r~: 9 ~ * z W 2!l w. ....~ ~~ ~.":, .031 r ~ ~ Ii a ~ ~ ~~ ~ ~ a ~ - '! ::: iII~~ ... ~~ tlt.;!_N _e.:_c ,".~O_N"c)_N ! a: ~'!' k . :=uuuu~sa~r..&3iat:~~.:1 .G) .r I r 2 Is a~! I~;~ ~. lit ~s R~j ..;~l Ir=~ .-'. .~":~ n~i I~~! !=i~ !ii~u~ !lis t'~ ~~;i ~.. ,i!,! r~" rf~ dsw ... ii ~ I . ~ ! !II =l II Ii I ~..~ ~N. __iNS & w~li ~~ S~N~~ ZW w~--. '11;- ~Iz"~ . ~N~'~ la~; ~!~w~2 N&~ii 2N~1 i;/;/lf=~~... i~!~I~.~i~IN!~l..~:~ u~uf 2Q~~.~4eU~i~~~x .uea;~~55i~:~~~~EI~w I~~~!r~~!~'~~~~~~~i~ YV.~~O.~4CUZ4~C.~o~1 ZONE CHANGE 06-2053 10\1110 a, ~i ., , 1 I I , / I I I I I i I '1':i I U I , I I / I 1 / ,. A: ./. .Ot .." MS 1L_'_ I . J -------.. ----- - : l_______~_________________j . J s.J , ~ -----_nJ ~ 93 I u- ~ ":' a: _I 2;1 L~___~_.__~______ ___~ .'-..01 _ NS .. ~.- :i::,'. ~;~ re we~ ~ .if ~:~i IIS3 dO~ ll~ ::~<: i:::~ UyU =r= I~i& ii~! r" Ir~J ~C~ f-~'w ~o-AS l;;o.:l~. ~lIjr;, ~~ii~ ell::i ~=a.y I~~~; r~~1 I I i i o ~ ~ . ! i "..r: f; Ii! ..~I: :12 t:l s~~ 8iI .. II. Cl "Ii 5aSl~~ .,- Im!~n;~ OJ11 utJ u ~ ~~h Ili:::~!'.~. :oS ..~llIllll.~ J~;KUR :i a..ll;i:5S ~Kc~ i ~ - >- rn t::: r- ~ 0 ORIGINAL ZONING MAP 104 -15 Exhibit C Zone Change Legal Description 'OM~~ J ~ ;;.... - I- m _ r- (.) 0 ORIGINAL LEGAL DESCRIPTION FOR GENERAL PLAN AMENDMENT AND ZONE CHANGE THAT PORTION OF PARCEL "A" OF PARCEL MAP NO. 9633, AS SHOWN ON MAP RECORDED IN BOOK 44 OF PARCEL MAPS, PAGES 23,24, AND 25 IN THE OFFICE OF THE KERN COUNTY RECORDER. ALSO BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15 AS SHOWN ON PARCEL MAP NO. 9633 RECORDED IN BOOK 44 OF PARCEL MAPS, PAGES 23, 24, AND 25, IN THE KERN COUNTY RECORDER'S OFFICE; THENCE, SOUTH 000 21' 47" WEST 1320.75 FEET ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 15 TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; 1) THENCE NORTH 89033' 45" EAST ,286.22 FEET, MORE OR LESS, TO A POINT ON THE CENTERLINE OF ALFRED HARRELL HIGHWAY (COUNTY ROAD NO 2239); 2) THENCE SOUTH 090 07' 33" EAST, 532.53 FEET, MORE OR LESS, TO THE POINT OF INTERSECTION OF THE CENTERLINE OF ALFRED HARRELL HIGHWAY AND THE CENTERLINE OF STATE ROUTE VI KER 178; 3) THENCE SOUTH 69017' 25" WEST, 400.78 FEET, MORE OR LESS, ALONG THE CENTERLINE OF SAID STATE ROUTE VI KER 178 TO THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 15; 4) THENCE ALONG SAID WEST LINE NORTH 00021' 47" EAST, 665.35 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION ~ 'OM~~ o ~ >- - I- m _ r- c.) t::l ORIGINAL CONTAINS 4.59 ACRES, MORE OR LESS . - LOT LINE ADJUSTMEt+-.. 'NO. 05-1842 , "AS ADJUSTED" --- - JO' WIDE EASEMENT'TO SOUTHERN CAL EDISON CO. PER BK. JJ2 PG. 48J . OF oms " WIDE E:ASEl./fNT TO PACIFIC 7REPHONE AND 7REGRAPH CO. PER 8K. 2475 PC. J4 O.R. NECOR. SEC. 16 29129 U.D.Ai. I" SUCKER ROD wi NO TAG PER TRACT NO. 5077 PHASE: , U8. 45, Pc. 5J VACANT ---pl8NI~E_ 26JS.06'} <SB9"4S'II"E - 26J4.76') - ......... - PALADINO (FUTURE) ~ .\t~ .f\'\J . PU8UC ...i~'~~'fNT ro COUNTY OF KERN .t ~ ACCESS PER BK. J887, PC. 68J, O.R. ~.... I o ~ 11" ...- ............' ~ WIDE E:ASEl./fNT ro PACIFIC ~^ I : : I- 7REPHONE AND mEGRAPH CO. I I I W PER 8K. 54,.. PC. 64 O.R. '_I I I W EAST U/IlE SECTION 16 11"1 I I I ~IIII U1 "11 I I o PARCEL -A- ! ": : I- 87.44 GROSS ACRES II III Z 80.25 NET ACRES II I I I l!slll ,III o PERA/ANfNT SEWER E:ASDIENT ro 1 I J THE crrr OF BAKERSFIELD PER ~ I I 8K. 6952 PC. 2J91 O.R. I ':: I 5' WIDE E:ASEl./ENT ro PACIFIC~ mEPHONE AND mEGRAPH CO. '18 I I PER BK. 4994 PC. 1029 O.R. .... I I :;"11 30' WIDE E:ASEl./fNT ro SO. CAL EDISON I~ I 1 CO. PER BK. JJ2 PC. 48J OF DmJS ~ ~:~ 1 1 ".., ~ : : /6.5' WIDE EASElIfNT TO SOUTHERN CAL : I I I EDISON CO. PER BK. 119 PC. 5 O.R. III AND 16.5' WIDE E:ASEUCNT ro PACIFIC I I GAS AND ELECTRIC CO. PER BK. '70 I PC. 4J7.0.R. I I I 10' WIDE E:ASalENT TO PACIFIC II I GAS .t ELECTRIC COUP ANY PER ': : I I 8K. 5170 PC. 474 O.R. III NB9"42'41"f I I <N89'44'4J"W 2635.27') l' IRON PlK TAGGED LS286J TRACT NO. 5077 PHASE I U8. 45, PC. 5J PARCEL 1 PARCEL MAP No. 3378 P,M. BK. 15, PG. 131 ( 10' WIDE. WalfNT ro PACIFIC GAS .t ELECTRIC COUP ANY PER BK. 5002 PC. 152 O.R. s V'l ~ I -l~ I m~ I 1,00' a: ~ 100,1 I ~~ ~ I ~ l:~~J ~ rl ,~I ~ Q:: I roO L . @ ~\ ~ ~ \ a:\t.Q::\ .~ u.!:"~ ~~ \ I ~%\ a..: . .... Co ::l ~ . \ <(V&---~- \ II \ ~ \ CQ \ \ ~ \ ~ ~~ \ \ 0..; (ssa52~WL J~ I-\---~~ \ PU8UC ro COUNTY OF SO,KERN ct: OF ACCESS PER ...... BK. J887, . 68J, O.R. ~ N ~ Q~ 1..l1..l g~ -~ e31..l Q~ ~ II "- \ PERA/ANfNT SEWER fASEJlfNT ro THE: CITY OF BAKERSFIELD PER \ BK. 6952 PC. 2J95 O.R. 10 ~~~i'~ \ fJ)' ~i~f ~. O.~ ..;:-' ....... \ ~J.~62' ~..;:-' -- .... \ --..;:-'--.... ~::;:::. \ j.......;:-'....... ~__::;:::. ~-<7& \ -- --~ .... --....... '" .,...;j..-.;:::" I ~ __ ~....... ....... ~. 1 ~-- ~ q,--....... . .... ....... --....... I I __ '6')....... __p..~ I I-.J 400, ~ r.. ". tr 5"'fl;""'- ~ """" . III tS~\~:::::::....... . EXHIBIT 'B' ~ 'Of>../(~1>. 1 I~....... . "THIS MAP IS PROVID~ FoR; I r: lPARCEL D' ILLUSTRATIVE PURPosl5s ONL~' ~ PAGE 11 OF 11 ORIGINAL 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 17th day of l la 1'\ LtJ).%'j~' 2008 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4484 ,passed by the Bakersfield City Council at a meeting held on the 16th day of u~ J 2008 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 104-15) OF TITLE 17 OF THE MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 (ONE FAMILY DWELLING) TO C-1/PCD (NEIGHBORHOOD COMMERCIAL/PLANNED COMMERCIAL DEVELOPMENT) ON 4.59 ACRES GENERALLY LOCATED ON THE NORTHWEST CORNER OF ALFRED HARRELL HWY AND STATE ROUTE 178 (ZC 06-2053) PAMELA A. McCARTHY City Clerk and Ex Officio of the Cou ncil of the City of Bakersfield BY:~GVn~\~ DEPUTY City Clerk S:\DOCUMENT\FORMS\AOP .0RD.wpd 1/17/2008 'OMc~ ~ ~ ;;.... - I- P:! Q 0 ORIGINAL F....'..~~,....._---~.-"'----- ; POSTED ON i --dd~ . by City Clerk's Office AN ORDINANCE ADOPTING A NEGATIVE DECLARATION City of AND AMENDING SECTION 17.06.020 (ZONING MAP 104-15) Bakersfield OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL . by P- CODE BY CHANGING THE ZONING FROM R-1 (ONE FAMILY 1-==::;:,.:::.:--- DWELLING) TO C-1/PCD (NEIGHBORHOOD COMMERCIAU PLANNED COMMERCIAL DEVELOPMENT) ON 4.59 ACRES, GENERALLY LOCATED ON THE NORTHWEST CORNER OF ALFRED HARRELL HWY AND STATE ROUTE 178 (ZC NO. 06- 2053). ORDINANCE NO. 4484 WHEREAS, in accordance with the procedures set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the land use zoning of those certain properties in the City of Bakersfield generally located on the northwest corner of Alfred Harrell Hwy and State Route 178; and WHEREAS, by Resolution NO.149-07 on September 20, 2007, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 06-2053 as delineated on attached Zoning Map 104-15 marked Exhibit liB", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution and restated herein; 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 (One Family Dwelling) to C-1/PCD (Neighborhood Commercial/ Planned Commercial Development) on 4.59 acres, and the Council has considered said findings as restated herein and all appear to be true and correct; and WHEREAS, the laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission; and WHEREAS, a Negative Declaration with mitigation was advertised and posted on August 9, 2007, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows commercial development on the approximately 4.59-acre project site; and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 149-07, adopted on September 20, 2007: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. Page 1 of 3 X 'Of>..l(c~ <) ~ ;;.... - I- rn _ r- (,) 0 ORIGINAL