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HomeMy WebLinkAboutORD NO 3873ORDINANCE NO. 3 8 ? 3 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 122-01 BY CHANGING THE ZONING OF 12.465 ACRES GENERALLY LOCATED BETWEEN STOCKDALE HIGHWAY, THE CROSS VALLEY CANAL AND ALLEN ROAD, FROM R-1 AND OS TO PCD AND FROM OS TO R-1. 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 between Stockdale Highway, the Cross Valley Canal and Allen Road; and WHEREAS, by Resolution No.110-98 on September 17, 1998. the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a change from R-1 (One-Family Dwelling) to PCD (Planned Commercial Development) on 9.08 acres, from OS (Open Space) to PCD on .925 acres and from OS to R-1 on 2.46 acres as delineated on attached Zoning Map No. 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 PCD, from OS to PCD and from OS to R-1 and the Council has fully 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 July 27, 1998 in accordance with CEQA; and WHEREAS, the general plan designation for this area allows Low Density Residential, High Medium Density Residential and General Commercial development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given. The provisions of the California Environmental Quality Act have been foil owe d. environment. The proposed project, as mitigated, will not have a significant effect on the 4. The subject site is located within the boundaries of the South of Brimhall Road project for which a Final Environmental Impact Report was certified. 5. The South of Brimhall Road project Final Environmental Impact Report includes but is not limited to mitigation measures, findings and Statements of Overriding Consideration applicable to this amendment. 6. Mitigation measures shown on Exhibit "A" are included in the project to ameliorate impacts. 7. The proposed commercial land use designation is consistent with the surrounding patterns of existing and projected residential and public land uses. 8. The proposed commercial land use designation is consistent with the level of circulation access and public services available to the site. 9. Use of the P.C.D. (Planned Commercial Development) review procedures as provided for in the Bakersfield Municipal Code will be necessary to ensure the compatibility and quality of future commercial development on the project site. 10. The P.C.D. process will allow for Planning Commission review of the appropriateness and compatibility of future on-site development with the nearby church and school site located west of the subject site and GC, LR and HMR designated sites located north of the subject site. 11. 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 State of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above- referenced absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. 12. The proposed planned commercial development zone and preliminary development plan is consistent with the general plan and objectives of the PCD ordinance. 13. The proposed development will constitute a commercial environment of sustained desirability and stability, and it will complement and harmonize with the character of the surrounding neighborhood and community. 14. The proposed development justifies exceptions from the normal application of this code in that it integrates such elements as the location of structures, cimulation pattern, parking, landscaping and utilities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided on the property. 15. Approval of the OS to R-1 and PCD on the 40 foot wide, 3.385 acre buffer along the north side of the Cross Valley Canal will cancel the following biological mitigation measure. "Prior to grading within the approximately 84-acre parcel south of Stockdale Highway, the proposed 100-foot-wide buffer zone of open space shall be fenced off and posted during construction to prevent damage to vegetation, burrows and nests from heavy equipment and construction vehicles." 16. The proposed monument sign size consisting of 64 square feet and being 10 feet in height does not conform to the City's sign regulations Section 17.60.060 B.8.; however, the Planning Commission has the latitude to require regulations either more or less restrictive than specified in the municipal code and therefore approves a sign not greater than 10 feet in height with a sign face of not greater than 64 square feet. 17. Along the southeast portion of the property between Stockdale Highway and the Cross Valley Canal, additional landscaping is needed to maintain the high landscaping standards established for the westerly entrance to the City. 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. 122-01 marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "D ". 4. Such zone change is hereby made subject to the mitigation measures and conditions of approval listed in attached Exhibit "A" and placement of additional landscaping as shown on Exhibit "C", subject to approval of GPA P98-0506. 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 ~h~ity of Bakersfield at a regular meeting thereof held on NOV , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, RO'v'v~-c'~, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEME~ER CITY CLERK and Ex Officio ~,[erk of the Council of the City of Bakersfield APPROVED BOE~'~RICE MAYOR of the City of Bakersfield APPROVED as to form: OFFICE OF THE CITY ATTORNEY Assistant City Attorney RD/mo November 6, 1998 s:\ord0506 EXHIBIT "A" General Plan Amendment/Zone Change P98-0506 Mitigation Meaeures (from South of Bdmhall Road EIR GPA/ZC Nos. P96-0286 and P96-0521) BIOLOGICAL RESOURCES 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). Prior to the issuance of a grading permit on the 84-acre parcel south of Stockdale Highway, the project proponent shall comply with all appropriate terms and conditions of the MBHCP. The MBHCP requires certain take-avoidance measures for the San Joaquin kit fox. MBHCP guidelines regarding tracking and excavation shall be followed to prevent entrapment of kit foxes in dens. Specific measures during the construction phase of the project shall be implemented and include the following: A preconstruction survey shall be conducted prior to site grading to search for active kit fox dens. All pipes, culverts or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry of kit foxes. If they are not capped or otherwise covered, they will be inspected prior to burial or closure to ensure no kit foxes, or other protected species, become entrapped, Excavations shall either be constructed with escape ramps or covered to prevent entrapment. All food, garbage and plastic shall be disposed of in closed containers and regularly removed from the site to minimize attracting kit foxes or other animals. Prior to the issuance of a grading permit for the approximately 84-acre parcel south of Stockdale Highway, the project applicant shall comply with the following raptor nest mitigation: If grading *s proposed in the approximately 84-acra parcel south of Stockdale Highway during the raptor nesting season (February-September), a focused survey for raptor nests shall be conducted prior to grading activities by a qualified raptor biologist in order to identify active nests in areas potentially impacted by project implementation. tf construction is proposed to take place in the approximately 84-acre parcel south of Stockdale Highway during the breeding season, no construction activity shall take place within 500 feet of an active nest until the young have fledged (as determined by a qualified raptor biologist). Trees containing nests that must be removed as a result of project implementation shall be removed during the non-breeding season (October- January). TRAFFIC AND CIRCULATION 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. Exhibit "A" GPNZC P98-0506 Page 2 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 per City of Bakersfield Standard Detail "T-4". Widen the 49 roadway segments in Table 5.3-3 to the lane configuration shown on Table 7 in Appendix D. CULTURAL RESOURCES 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, and to the City of Bakersfield Development Services Department. PUBLIC HEALTH AND SAFETY 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 gas migration impacts. 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. 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. 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 California Department of Toxic Substances Control. WATER QUALITY Prior to the recordation of tract maps, the location of drainage sumps will be identified. To reduce the potential for water quality impacts on the water supply in the Cross Valley Canal, drainage sumps will be required to be located a minimum of 300 feet from the Cross Valley Canal AIR QUALITY Prior to the approval of a grading plan for any residential tract, multiple family project and/or 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. Exhibit "A" GPA/ZC P98-0506 Page 3 Prior to the approval of a grading plan for any residential tract, multiple family project and/or commercial project, the project applicant shall submit a letter to the City of Bakersfield Planning Department from the SJVUAPCD stating that measures that shall be completed during asphalt paving will comply with SJVUAPCD Rule 4641. 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 manufacturer's specifications. The construction grading plans shall include a statement that work crews will shut off construction equipment when not in use. The project applicant shall incorporate the following in building plans. Solar or low-emission water heaters shall be used. Central water heating systems shall be used. Double-paned glass shall be used in all windows. Energy efficient low-sodium parking lot lights shall be used. One (1) bicycle rack shall be provided in each of the proposed commercial areas. CONDITIONS OF APPROVAL City Council The five evergreen trees to be located along the east side of the subject site and adjacent to the storage buildup shall have a minimum 36-inch box size. Plannincj Commission Delete Biological Resources mitigation measure number d. page number 1 of Exhibit "A". Approval of the OS to LR and R-1 to PCD on the 40 foot wide, 2.46 acre buffer along the north side of the Cross Valley Canal will cancel the mitigation measure. Delete Site Plan Review condition number 7 (Planning Department). This condition is not consistent with the PCD site plan. The PCD zone allows flexible regulations and innovative design. In addition the back side of the mini-storage buildings would serve as a masonry wall. As shown on the site plan "wall elevations", the exterior surface will be stucco. The monument sign shall have a maximum height of not greater than ten (10) feet and maximum face square footage of not greater than sixty-four square feet. The thirty (30) foot wide landscaping strip, along the Stockdale Highway frontage subject site, shall be constructed at the same time as the other improvements. Install approximately one hundred fifty feet of landscaping along the southeast portion of the subject site as shown on Exhibit "C". Exhibit "A" GPA/ZC P98-0506 Page 4 Public Works Department No cross gutter shall be allowed at the intersection of Stockdale Highway and Old Farm Road at the entrance to the project. A traffic signal shall be installed at the intersection of Stockdale Highway and Old Farm Road prior to occupancy or use of the project. A deceleration lane is required on Stockdale Highway, as well as median modification work and shall be done with the signal. 3. The bike path as shown must transition on the east end to the bike lane on Stockdale Highway. 4. A bike lane is required on Stockdale Highway. 5. Old Farm Road must be constructed with 5.5' sidewalks on the east side. 6. Easements shall be provided for the traffic loops. This zone change results in a reduction in potential trip generation. Therefore, only payment of the Regional Impact Phase II fee is required; no additional local mitigation is required. In accordance with the mitigation measures of Ordinance No. 3773 for GPA and ZC P96-0286 and the South of Brimhall Road EIR, 8.1 8.2 8.3 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. The subdivider shall install the traffic signal at Stockdale Highway and Old Farm Road. Upon first subdivision or development of the property within the GPA and zone change area, 8.3.1 The subdivider/developer shall submit offers of dedication to City standard widths for Al[en Road, including expanded intersections, all as shown on the circulation element of the 2010 General Plan. 8.3.2 A conceptua1 drainage study for the entire tentative pamel map shall be submitted for review and approval by the City Engineer. The drainage study should include, but not necessarily be limited to, drainage calculations, pipe sizes and general locations, the proposed retention basin site(s) and size, and anticipated construction phasing. The applicant shall initiate proceedings to form a Planned Drainage Area if necessary to facilitate construction of the drainage system(s). 8.3.3 Necessary flowage/drainage easements as indicated in the approved drainage study shall be submitted to the City Engineer. 8.3.4 Municipal sewer and water services shall be provided to each parcel in the subdivision. 8.3.5 The portion of the Allen Road Trunk Sewer within or adjacent to the GPA and zone change area shall be constructed. If the first subdivision or development of the property with the area within the Allen Road Trunk Sewer Service area is submitted prior to the completion of assessment district formation proceedings, then the subdivider/developer shall make arrangements, satisfactory to the City Engineer, ensuring the subject property's financial participation in the district. 8.3.6 Mainline extensions to provide services for future development/subdivision shall be made. Prior to first subdivision or development of the property within the GPA and zone change area, a master concept proposal for providing municipal services shall be submitted to and approved by the City Engineer. Exhibit "A" GPNZC P98-0506 Page 5 8.4 Access to arterials shall be limited subject to review upon development or subdivision. SITE PLAN REVIEW CONDITIONS Development Services - Building Department: The applicant shall submit 4 copies of grading plans and 2 copies of the preliminary soils report to the Building Division. You must submit a final soils report to the Building Division before they can issue a building permit. The applicant shall include fire resistive wall construction details with the final building plans for all exterior walls of any building that are within 20' of property lines if it is commercial, or 5' of property lines if it is residential. Include with the final site plan documentation or changes to the plan showing that the project complies with all disability requirements of Title 24 of the State Building Code. Planning Department: The minimum parking required for this project has been computed based on use and shall be as follows: Parking Parking Use Souare Footage Ratio Reouired Office 636 sq.ft. 1 space/300 sq.ft. 2 spaces Residence 1,734 sq.ft 2 spaces 2 spaces Storage/warehouse Phase 1 109,700 sq.ft. 1 space/1,000 sqff. 110 spaces Phase 2 38,050 sq.ft. 1 space/1,000 sq.ft. 38 spaces Phase 3 25,600 sq.ft 1 space/1,000 sq.ft. 26 soaces TOTAL 178 spaces (NOTE: The facility will have 8 marked parking spaces near the office and entrance, two spaces for the residence, and approximately 279 (unmarked) spaces along each aisle for the storage units for a total of 289 parking spaces.) The applicant shall submit one (1) copy of a landscape plan to the Planning Division, and include a copy of this final plan with each set of the final plans submitted for building permits. Building permits will not be issued until the Planning Division has approved the final landscape plan for consistency with minimum ordinance standards (please refer to the attached standards - Chapter 17.61). Approved landscaping, parking and other related site improvements shall be installed and inspected before final occupancy of any building or site. Inspections are made on Fridays. Please call Dave Reizer (8051326-3673) to schedule an appointment before the Friday you want your inspection. Parking lot lighting is required by the Bakersfield Municipal Code (Section 17.58.060A). Lights shall be designed, arranged, and shielded to reflect light away from adjacent residential properties and streets. All light fixtures shall be between 15' and 40' above grade with illumination evenly distributed across the parking area. Lighting direction and type of light fixture shall be shown on the final site plan or included with the building plans. Habitat Conservation fees shall be required for this project and will be calculated based on the fee in effect at the time we issue an urban development permit (includes grading plan approvals) as defined in the Implementation/Management Agreement (Section 2.21) for the Metropolitan Exhibit "A" GPNZC P98-0506 Page 6 Bakersfield Habitat Conservation Plan. Upon payment of the fee, the applicant will receive acknowledgment of compliance with Metropolitan Bakersfield Habitat Conservation Plan (Implementation/Management Agreement Section 3.1.4). This fee is currently $1,240 per gross acre, payable to the City of Bakersfield (submit to the Planning Division). NOTICE - This project is within an area of documented "known" den sites for the San Joaquin kit fox. This requires that the applicant provide notice to wildlife agencies at least 5 days before grading and excavation of den sites. Forms and instructions are available at the Planning Department. (Metropolitan Bakersfield Habitat Conservation Plan Implementation/Management Agreement Section 4.7.4). 10. The applicant shall file with the Planning Division a copy of a recorded map or other instrument that ensures that the main drive aisle into the site is shared in common with adjoining properties. 11. Rooftop areas of commercial buildings (eg. office, retail, restaurant, assembly, hotel, hospital, church, school) shall be completely screened by parapets or other finished architectural features constructed to a height of the highest equipment, unfinished structural element or unfinished architectural feature of the building. 12. Any freestanding sign along Stockdale Highway is limited by the Bakersfield Municipal Code to a monument-type only. 13. The proposed monument sign shall not encroach into the right-of-way of Stockdale Highway. Fire Department: 14. Show on the final site plan all fire lanes as indicated by staff on the returned site plan. Spacing between each sign identifying the fire lane must also be shown on the final plan that meets minimum city standards. The applicant shall install all required fire lane signs before occupancy of any building or portion of any building is allowed. 15. Show on the final site plan all on-site fire hydrant locations and required fire flows Based upon available information, the fire flow requirement may be 3,500 gallons per minute. 16. To provide adequate fire protection during construction, the applicant shall install 6 fire hydrant(s) as shown by staff on the returned site plan, or provide an alternative fire suppression program as approved by the Fire Department before final site plan approval. The applicant is required to purchase all fire hydrants from the Fire Department. 17. The applicant shall give the Fire Department one set of the engineered water plans before the issuance of any building permit. 18. The applicant shall contact the Fire Safety Control Division, (1715 Chester Avenue, Suite 300, Bakersfield, CA; Ph. 805/326-3951) for fire and safety requirements. Please provide one (1) site plan and one (1) floor plan to the Fire Marshal before beginning construction. Staff will also issue guidelines for automatic sprinkler system fire department connections (FDC) if sprinkler systems are required. 19. The applicant shall obtain all necessary approvals from the Fire Department for fuel tanks or related facilities before they are installed on the site. 20. The applicant must request an inspection of any underground sprinkler feeds at least 24 hours before they are buried. The Fire Safety Control Division (1715 Chester Avenue, Suite 300, Bakersfield, CA; Ph. 805/326-3951) must complete all on-site inspections of fire sprinkler systems and fire alarm systems before any building is occupied. Exhibit "A" GPNZC P98-0506 Page 7 21. The applicant shall show on the final plan and install a 20' wide all-weather emergency access as indicated by staff on the returned site plan. The Fire Department must approve the final location and design of this access prior to building permits being issued. Provide secondary access to Stockdale Highway. 22. All streets and access roads to and around any building under construction must be at least 20 feet wide, contain no vehicle obstructions, and be graded to prevent water ponding. Barricades must be placed where ditches and barriers exist in or cross roadways. Emergency vehicle access must always be reliable. 23. Yellow stripes shall identify areas next to all Fire Department connections according to the Bakersfield Municipal Code (Section 15.64.140 d.). 24. If you handle hazardous materials or hazardous waste on the site, the Environmental Services Division of the Fire Department may require a hazardous material management plan before you can begin operations. Please contact them at 805/326-3979 for further information. 25. If you treat hazardous waste on the site, the Environmental Services Division of the Fire Department may require a hazardous waste "Tiered" permit before you can begin operations. Please contact them at 8051326-3979 for further information. 26. If you store hazardous materials on the site in either an underground or a permanent aboveground storage tank, a permit from the Environmental Services Division of the Fire Department is required to install and operate these tanks. The Environmental Services Division may also require a Spill Prevention Control and Countermeasure Plan before you can begin operations. Please contact them at 805~326-3979 for further information. Public Works Department: 27. All improvements required for this project shall comply with condition of approval of vesting tentative Parcel Map No. 10535 and Ordinance No. 3773 for GPA & ZC P96-0286. 28. The applicant shall install 3, 9500 HPSV street lights as shown by staff on the returned site plan. The applicant shall be responsible for providing the labor and materials necessary to energize all newly installed street lights before occupancy of the building or site. 29. All driveways, vehicular access and parking areas shall be paved with a minimum of 2: Type B, A.C. over 3" Class II A.B. according to the Bakersfield Municipal Code (Section 15.76.020) and the adopted standards of the City Engineer. 30. Before you occupy any building or site, you must reconstruct or repair substandard off-site improvements to adopted City standards as directed by the City Engineer. Please call the Construction Superintendent at (805) 326-3050 to find out what improvements will be required. (Note: Off-site improvements may include construction of the median islands in the streets fronting the project site.) 31. The Public Works Department will require you to obtain a street permit before any work can be done within the public right-of-way (streets, alleys, easements). You must submit a copy of this site plan review decision to the Public Works Department at the time you apply for the street permit. 0 CITY OF BAKERSFIELD ZONING MAP 122 SEC OI T ~05 F~ 26[ LEGEND TYP. ' ~TYI B,BO0 $'~' EXHIBIT "C" LANDSCAPING ALONG SOUTHEAST PORTION OF PROPERTY ~I)TYP. Planning Commission _ Recommended Additional Landscaping Along Southeast Portion Of Property EXHIBIT"D" Legal Description Zone Change P98-0506 OS (Open Space) to R-1 (One Family Dwellinq) The south 40.00 feet of the west 2683.66 feet of Parcel 3 of Parcel Map 10263, recorded in Book 48 of Parcel Maps at Page 60 in the Office of the Kern County Recorder. Also being described as the south 40.00 feet of Parcels 1 & 2 of tentative Parcel Map No. 10535 on file in the City of Bakersfield Public Works Department. O/S (Open Space) and R-1 (One Family Dwellinq) To P.C.D. (Planned Commercial Development) ALL THAT PORTION OF SECTION 1, T. 30S., R.26E., M.D.M, CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, ALSO BEING A PORTION OF PARCEL 3 OF PARCEL MAP NO. 10263AS FILEDAUGUST 28,1996 IN PARCEL MAP BOOK48 AT PAGES 59 THROUGH 61 IN THE OFFICE OF THE KERN COUNTY RECORDER, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 1 AS SHOWN ON SAID PARCEL MAP; THENCE S.84°16'27"E., 2610.51 FEET TO THE CENTERLINE OF STOCKDALE HIGHWAY AS SHOWN ON SAID PARCEL MAP AND THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID CENTERLINE, S17°11'53"W., 252.42 FEET; THENCE S.75°50'24"W., 133.85 FEET; THENCE S.00°31'51"W., 491.42 FEET TO THE NORTHERLY BOUNDARY OF THE CROSS VALLEY CANAL AS SHOWN ON SAID PAR- CEL MAP AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 1075.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N22°37'18"W.; THENCE ALONG SAID NORTHERLY BOUNDARY OF THE CROSS VALLEY CANAL THE FOLLOWING FIVE (5) COURSES: 1) EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08°27'42" AN ARC DISTANCE OF 158.76 FEET; THENCE 2) N75°50'24"E., 533.41 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 175.00 FEET; THENCE 3) NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13048'48" AN ARC DISTANCE OF 42.19 FEET; THENCE 4) N.62°01'36"E., 202.26 FEET; THENCE 5) N.19°16'49"E., 90.56 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF STOCKDALE HIGHWAY AS SHOWN ON SAID PARCEL MAP, ALSO BEING THE BEGIN- NING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RA- DIUS OF 2945.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N32°45'31"E.; THENCE SOUTHEASTERLY ALONG SAID CURVE AND SAID SOUTH- ERLY RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 01 °21 '43' AN ARC DISTANCE OF 70.00 FEET; THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY, N.62°01'36"E., 62.08 FEET TO THE CENTERLINE OF STOCKDALE HIGHWAY AS SHOWN ON SAID PARCEL MAP, ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 3000.00 FEET AND TO WHICH BEGIN- NING A RADIAL LINE BEARS N34°40'32"E; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17°28'41" AN ARC DISTANCE OF 915.16 FEET TO THE POINT OF BEGINNING. CONTAINING 10.00 ACRES. Also being described as Parcel 3 of tentative Parcel Map No. 10535 on file in the City of Bakersfield Public Works Department. 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 23rd day of November ,1998 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3873., passed by the Bakersfield City Council at a meeting held on the. 18th day of November 1998 , and entitled: ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 122-01 BY CHANGING THE ZONING OF 12.465 ACRES GENERALLY LOCATED BETWEEN STOCKDALE HWY, THE CROSS VALLEY CANAL AND ALLEN ROAD, FROM R-1 AND OS TO PCD AND FROM OS TO R-1. /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY City Clerk S:\DOCUMENT~AOPOSTING November 23, 1998