HomeMy WebLinkAboutORD NO 4554ORDINANCE NO. 4 5 5 4
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 104-07)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A (AGRICULTURE)
TO M-1 (LIGHT MANUFACTURING) ON 47 ACRES, AND A TO
R-2 (LIMITED MULTI-FAMILY DWELLING) ON
APPROXIMATELY 14 ACRES, GENERALLY LOCATED
NORTHEAST OF MORNING DRIVE AND PALADINO DRIVE
(ZC NO. 08-1168).
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 being annexed to the
City of Bakersfield generally located at the northeast of Morning Drive and Paladino Drive; and
WHEREAS, by Resolution No. 126-08 on September 18, 2008, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 08-1168 as delineated on attached Zoning Map
104-07 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 A (Agriculture) to M-1 (Light
Manufacturing) on 47 acres, and A to R-2 (Limited Multi-Family Dwelling) on approximately 14
acres, and the Council has considered said findings as restated herein and all appear to be true
and correct; and
WHEREAS, a Negative Declaration with mitigation was advertised and posted on
August 20, 2008, in accordance with CEQA; and
WHEREAS, the general plan designation for this area, with prior adoption of GPA No.
08-1168, allows light industrial and multi-family residential development; and
WHEREAS, the City Council has considered and concurs with the following findings
made by the Planning Commission as set forth in Resolution No. 126-08, adopted on
September 18, 2008:
All required public notices have been given.
2. The provisions of the California Environmental Quality Act have been
followed.
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 withwith CEQA.
4. The proposed project is consistent with surrounding uses. o~`~AK~9s
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ORIGINAL
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".
7. 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.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
follows:
That the above recitals, incorporated herein, are true and correct.
2. The Negative Declaration is hereby adopted.
3. Section 17.06.020
Bakersfield be and
use zoning of that
property is shown
hereto and made
attached Exhibit "C"
(Zoning Map) of the Municipal Code of the City of
the same is hereby amended by changing the land
certain property in the City, the boundaries of which
on Zoning Map 104-07 marked Exhibit "B" attached
a part hereof, and are more specifically described in
4. Such zone change is hereby made subject to the "Mitigation/Conditions
of Approval" listed in attached Exhibit "A", and subject to approval of GPA
No. 08-1168.
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.
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Page 2 of 3
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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 _ ~F~.r7 20~ by the
following vote:
YE COUNCILMEMBER
S: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
APPROVED DEC 1 7 [G~i
Mayor of the City of Bakersfield
av ~~ .
,WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
PAMELA A. McCARTHY,
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
Exhibit A -Mitigation/Conditions of Approval
B -Zoning Map 104-07
C -Zone Change Legal Description
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ORIGINAL
APPROVED as to form
VIRGINIA GENNARO
City Attorney
EXHIBIT A:
MITIGATION /CONDITIONS OF APPROVAL
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ORIGINAL
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change 08-1168
Biological Resources (Mitigation Measures)
1. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for
burrowing owl, and comply with the provisions of the Migratory Bird Treaty Act (MBTA) of 1918 (16
U.S.C. 703-711). A copy of the survey shall be provided to the Planning Department priorto ground
disturbance. Survey protocol shall be that recommend by the State Department of Fish and Game.
The burrowing owl is a migratory bird species protected by international treaty under the Migratory
Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703-711). The MBTA makes it unlawful to take, possess,
buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10, including feathers or
other parts, nests, eggs, or products, except as allowed by implementing regulations (50 C.F.R. 21).
Sections 3503, 3503.5, and 3800 of the California Department of Fish and Game Code prohibit the
take, possession, or destruction of birds their nests or egas To avoid violation of the take
provisions of these laws generally requires that project-related disturbance at active nesting
territories be reduced or eliminated during critical phases of the nesting cycle (March 1 -August 15,
annually). Disturbance that causes nest abandonment and/or loss of reproductive effort (e.g., killing
or abandonment of eggs or young) may be considered "taking" and is potentially punishable by fines
and/or imprisonment. Mitigation for potentially significant impacts.
2. Although no evidence of the kit fox was found on the project site, since they are known to exist in
the general area all construction personnel be trained in sensitive species identification and
avoidance techniques and be instructed to be on the lookout for kit fox sign during earth
disturbance phases of construction. Any evidence, such as dens, shall be avoided and reported
to the reviewing agencies for resolution.
3. A preconstruction clearance survey shall be conducted within 30 days of initial ground
disturbance in accordance with the provisions of the MBHCP. Any identified kit fox dens shall be
monitored, excavated, and backfilled in accordance with the recommendations of the MBHCP,
CDFG, and USFWS. Mitigation for potentially significant impacts.
4. 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.
Cultural Resources (Mitigation Measures)
5. 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 (i.e. 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 priorto commencement ofground-disturbance activities.
This documentation should include information on the date(s) of training activities, the
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ORIGINAL
Exhibit A
GPA/ZC 08-1168
Mitigation/Conditions of Approval
Page 2 of 4
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 impacts.
6. If human remains are discovered during grading or construction activities, work would cease
pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are
identified on the site at any time, work shall stop at the location of the find and the Kern County
Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code
and Section 5097.98 of the California Public Resources Code which details the appropriate
actions necessary for addressing the remains) and the local Native American community shall
be notified immediately. Mitigation for potentially significant impacts.
Hazards and Hazardous Materials (Mitigation Measures)
7. Prior to recordation of the final map, soil sampling in the vicinity of the former oil well locations
shall be conducted by qualified personnel to determine potential presence of petroleum
hydrocarbons and other chemicals associated with drilling activities; and a remediation plan for
the project site shall be approved by the Prevention Services Director. Mitigation for potentially
significant impacts.
Traffic and Circulation (Mitigation Measures)
8. 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 impacts.
9. 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 and mitigation
not covered by the RTIF as identified in the submitted project traffic study (Ruettgers & Schuler,
August 2008)
a. The intersection of Morning Drive and Spring Canyon Parkway requires the following
mitigation due to the addition of project generated traffic: Install Signal - 9.98%
proportionate share.
b. The intersection of Fairfax Road and Paladino Drive requires the following mitigation due
to the addition of project generated traffic: 1 EBL', 1 NBT - 1.58% project share.
c. The intersection of Rivani Drive and Paladino Drive requires the following mitigation due
to the addition of project generated traffic: Install Signal - 2.8% project share.
d. The intersection of Morning Drive and Panorama Drive requires the following mitigation
due to the addition of project generated traffic: 1 NBT', 1 EBR', 1 WBT- 6.43% project
share.
N6=Northbound, S6=Southbound, W6=Westbound, EB=Eastbound, L=Left-Turn
Lane, T=Through Lane, R=Right-Turn Lane
' =Striping improvements only
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ORIGINAL
Exhibit A
GPA/ZC 08-1168
Mitigation/Conditions of Approval
Page 3 of 4
Mitigation for potentially significant impacts.
Public Works
10. 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 Morning Drive and Paladino Drive arterial standards
and Spring Canyon Parkway to collector standards for the full frontage 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. If a tentative subdivision map over the entire GPA/ZC
area is submitted, dedication can be provided with the map.
b. This GPA/ZC 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. Sewer service exists in Paladino Drive but must be extended to the north and the west
boundaries of the GPA/ZC area. The developer shall be responsible for the extension of the
sewer line to serve the properties north and west of the GPA/ZC area. This sewer line must
necessarily be sized to serve a much larger area that the project area. The GPA/ZC area is
within the North East Sewer Planned Sewer Area. 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.
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ORIGINAL
Exhibit A
GPA/ZC 08-1168
Mitigation/Conditions of Approval
Page 4 of 4
f. The developer may request the formation of a Bridge and Major Thoroughfare Area to help
in the reimbursement of a portion of the cost to construct Morning Drive.
For orderly development.
11. Prior to issuance of a building permit ,developer shall pay a major transportation facility fee in the
amount of $0.35 per square foot for industrial and/or $2487 for residential dwelling unit (insert what
applies) . 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 a component of the 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.
12. 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.
13. 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.
City Attorney Condition
14. In consideration by the City of Bakersfield for land use entitlements, including but not limited to
related environmental approvals related to or arising from this project, the applicant, and/or
property owner and/or subdivider ("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.
This indemnification condition does not prevent the Applicant from challenging any decision by
the City related to this project and the obligations of this condition apply regardless of whether
any other permits or entitlements are issued.
The City will promptly notify Applicant of any such claim, action or preceding, falling under this
condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion,
shall be allowed to choose the 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.
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ORIGINAL
EXHIBIT B:
ZONING MAP 104-07
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EXHIBIT C:
ZONE CHANGE LEGAL DESCRIPTION
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ORIGINAL
LEGAL DESCRIPTION
Atoll-1
Being a portion of the Southwest Quarter of the Southwest Quarter and the West Half of the Southeast
Quarter of the Southwest Quarter of Section 7, Township 29 South, Range 29 East, Mount Diablo Base
and Meridian, in the City of Bakersfield, County of Kern, State of California, according to the Official
Plat thereof, more particularly described as follows:
Commencing at the Southwest corner of said Section 7, also, being a point on the centerline of
Paladino Drive;
Thence, along the South line of said Section 7 and the centerline of said Paladino Drive,
South 89°33'25" East, a distance of 25.69 feet to a point on a curve, concave to the East, and having a
radius of 1500.00 feet, from which a radial line bears South 78° 53' S8" East, being the True Point of
Beginning;
Thence, leaving the South line of said Section 7 and the centerline of said Paladino Drive,
Northeasterly, along said curve, through a central angle of 49°19'03", an arc length of 1291.13 feet;
Thence, North 60° 25' OS" East, a distance of 253.31 feet to the beginning of a tangent curve, concave
to the South and having a radius of 1200.00 feet, from which a radial line bears South 29° 34' 55" East;
Thence, Northeasterly, along said curve, through a central angle of 30° 43' 25", an arc length of 643.47
feet;
Thence, South 88° 51' 30" East, a distance of 423.49 feet;
Thence, South 00° 25' 18" West, a distance of 1303.83 feet to a point on the South line of said Section
7 and said centerline of Paladino Drive;
Thence, on and along the South line of said Section 7 and the centerline of said Paladino Drive,
North 89° 33'25" West, a distance of 1981.90 feet to True Point of Beginning.
The land area of the herein above described, contains 47.4 acres (more or less).
End Description
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Date: August 13, 2008 ~~~rFOp ~st.~F~~~\~
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ORIGINAL
A TO M-1
BEING A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER AND
THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 7, TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO BASE & MERIDIAN,
IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA.
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LEGAL DESCRIPTION
A to R-2
Being a portion of the Southwest Quarter of the Southwest Quarter and the West Half of the Southeast
Quarter of the Southwest Quarter of Section 7, Township 29 South, Range 29 East, Mount Diablo Base
and Meridian, in the City of Bakersfield, County of Kern, State of California, according to the Official
Plat thereof, more particularly described as follows:
Beginning at the Southwest corner of said Section 7, also, being a point on the centerline of Paladino
Drive;
Thence, leaving said centerline, North 00° 28' S7" East, along the West line of said Section 7, a
distance of 1324.41 feet to the Northwest Comer of the Southwest corner of said Section 7;
Thence, leaving the West line of said Section 7, South 89° 31' 25" East, a distance of 1347.09 feet;
Thence, South 89° 31' 10" East, a distance of 658.90 feet;
Thence, South 00° 25' 18" West, a distance of 19.36 feet;
Thence, North 88° 51' 30" West, a distance of 423.49 feet to the beginning of a tangent curve, concave
to the South and having a radius of 1200.00 feet, to which a radial line bears South O1° 08' 30" West;
Thence, Southwesterly, along said curve, through a central angle of 30° 43' 25", an arc length of
643.47 feet;
Thence, South 60° 25' OS" West, a distance of 253.31 feet to the beginning of a tangent curve, concave
to the East and having a radius of 1500.00 feet, from which a radial line bears South 29° 34' S5" East;
Thence, Southwesterly, along said curve, through a central angle of 45° 19' 04", an arc length of
1186.42 feet to the South line of said Section 7 and the centerline of said Paladino Drive.
Thence, North 89° 33' 25" West, on and along said South line of Section 7 and said centerline of
Paladino Drive, a distance of 25.69 feet to the True Point of Beginning.
The land area of the herein above described, contains 13.9 acres (more or less).
End Description
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Date: August 13, 2008
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ORIGINAL
A TO R-2
BEING A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER AND
THE WEST HALF OF THE SOUTHEAST flUARTER OF THE SOUTHWEST QUARTER OF
SECTION THEOCI ITSYH~F 2BAKERSFIELDA COUNTYEOF KERNU STATE60~ CALIF RN AERIDIAN,
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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 18th day of December , 2008 she posted on the Bulletin Board
at City Hall, a full, true and correct copy of the following: Ordinance No. 4554 ,passed
by the Bakersfield City Council at a meeting held on the 17th day of December, 2008
and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 104-07) OF TITLE 17
OF THE MUNICIPAL CODE BY CHANGING THE ZONING FROM A TO
M-1 ON 47 ACRES AND A TO R-2 ON APPROXIMATELY 14 ACRES
GENERALLY LOCATED NORTHEAST OF MORNING DRIVE AND
PALADINO DRIVE. (ZC 08-1168)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: `-~~~~.a-~ ~..~_
DEPUTY City Clerk
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