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HomeMy WebLinkAboutORD NO 4023ORDINANCE NO. ~= 0 2 3 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-08, 102-17, 102-20 AND 102-21 BY CHANGING THE ZONING FROM R-1 (ONE FAMILY DWELLING), R-2 (LIMITED MULTIPLE FAMILY DWELLING), R-3 (LIMITED MULTIPLE FAMILY DWELLING), M-1 (LIGHT INDUSTRIAL) AND P (PARKING) ZONES TO R-1 (ONE FAMILY DWELLING), R-2 (LIMITED MULTIPLE FAMILY DWELLING), R-2/PUD (LIMITED MULTIPLE FAMILY DWELLING/PLANNED UNIT DEVELOPMENT), C-2 (REGIONAL COMMERCIAL), C-O (PROFESSIONAL AND ADMINISTRATIVE OFFICE) AND M-I (LIGHT INDUSTRIAL) ZONES ON A TOTAL OF 75.58 ACRES. THE SITE IS GENERALLY LOCATED SOUTH OF OLIVE DRIVE, BETVVEEN PATTON WAY AND CALLOWAY DRIVE. (GPA # P01-0227). (Ward 4) WHEREAS, in accordance with the procedures set forth in the provisions of Title 17 of the Bakersfield 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 south of Olive Drive to Meany Avenue, between Calloway Drive and Patton Way; and WHEREAS, by Resolution No. 82-01 on June 28, 2001, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Bakersfield Municipal Code to approve R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), C-2 (Regional Commercial), C-O (Professional and Administrative Office) and M-1 (Light Industrial) zones on a total of 75.58 acres as delineated on attached map marked Exhibit "B" - Planning Commission Recommendation, to 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 and changes in zoning of the subject property from R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), R-3 (Limited Multiple Family Dwelling), M-1 (Light Industrial) and P (Parking) Zones to R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), C-2 (Regional Commercial), C-O (Professional and Administrative Office) and M-1 (Light Industrial) zones and the Council has considered said findings and all appear to be true and correct; and WHEREAS, the original application, submitted by Project Design Consultants representing Riverlakes Land Development Co., for the proposed project was from R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), R-3 (Limited Multiple Family Dwelling), P (Parking) and M-1 (Light Industrial) to R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), R-3 (Limited Multiple Family Dwelling), C-2 (Regional Commercial) and M-2 (General Manufacturing) zones on 82.5 acres; and WHEREAS, for the above-described project, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment, therefore, a Negative Declaration was prepared for the project in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the applicant has agreed to implement all mitigation measures identified in the environmental analysis contained within the Negative Declaration for the proposed project; and WHEREAS, the Jaw and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, the Planning Commission and this Council; and WHEREAS, a Negative Declaration was prepared for the proposed project and was advertised and posted on May 4, 2001, in accordance with CEQA; and WHEREAS, the City Council held a meeting on the Ordinance amendment item on August 22, 2001; and WHEREAS, concerns were raised by surrounding property owners after the Planning Commission hearing and the City Council meeting which included compatibility issues between the existing development and the proposed development; and WHEREAS, the City Council determined that greater control for the development south of Hageman Road between Riverlakes Drive and Coffee Road adjacent to the existing multi- family development was needed to alleviate the concerns raised; and WHEREAS, the City Council required that a Planned Unit Development overlay zone be enacted on the R-2 area north of the south section line of Section 17 to Hageman Road, east of Riverlakes Drive; and WHEREAS, the general plan designations for the project area would allow residential, office commercial, retail commercial and light industrial uses, subject to General Plan Amendment P01-0227, as approved by this City Council on August 22, 2001; and WHEREAS, the City Council has considered the project proposal and hereby makes the following findings: 1. All above recitals are true and correct. 2. All required notices have been given. 3. The provisions of the California Environmental Quality Act (CEQA) have been followed. 10. 11. 12. 13. 14. 15. Based on the initial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Negative Declaration, with mitigation measures, was prepared and sent to responsible agencies and a notice of public was sent to property owners within 300 feet of the project site on May 4, 2001, in accordance with CEQA. It was determined that the proposal to expand the single family residential area along the north side of Meany Avenue, east of Coffee Road will enhance the residential development by allowing a secondary access to the site via Meany Avenue. It was determined that there is not adequate land with office commercial zoning in the area proposed for office commercial along the west side of Coffee Road and there is a need for office commercial in the general area. The proposed office commercial along the west side of Coffee Road is compatible with the existing zoning for the general area. The proposed density re-distribution for the area south of Hageman Road between Riverlakes Drive and Coffee Road will allow the same amount of dwelling units as currently allowed for the area. The proposal will enhance the quality of development and alleviate concerns from surrounding property owners with a Planned Unit Development overlay for the area south of Hageman Road to the south section line of Section 1 ? between Riverlakes Drive and the existing "Coleman" multi-family development. With the proposed increase in commercial along the east side of Coffee Road it was determined that the commercial area would be better shaped with the expansion to Meany Avenue. The commercial area along the east side of Coffee Road could utilize the existing electric tower lines as parking for the shopping center. It was determined that there is adequate land with General Manufacturing zoning that are underutilized near the area proposed for General Manufacturing and there is no identified need for additional General Manufacturing zones in the area. The existing Light Manufacturing zone along the west side of Patton Way acts as a buffer between the existing General Manufacturing zone and the One Family Dwelling zone to the west. The proposed Light Manufacturing zone along the north side of Meany to the existing Canal would better serve as a buffer between the One Family Dwelling zone to the north and the existing General Manufacturing zone south of Meany. The proposed Zone Change to General Manufacturing zone is incompatible with the Metropolitan Bakersfield 2010 General Plan. 16. 17. 18. The recommended Zone Change to Light Industrial zone is consistent with the Metropolitan Bakersfield 2010 General Plan. The public necessity, general welfare and good zoning practice justify the recommended change of zone. The sites are the subject of General Plan Amendment No. P01-0227 and RiverLakes Ranch Specific Plan Amendment No. P01-0227, which have been recommended for partial approval. as follows: 1. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield The above recitals and findings are true and correct and constitute the findings of the City Council in this matter. The Negative Declaration for Zone Change No. P01-0227 is hereby approved, subject to mitigation as shown on Exhibit "A". That the Zone Change No. P01-0227 will reflect the previously adopted General Plan Amendment No. P01-0227 and the general intent of the Planning Commission's decision at the June 28, 2001, public hearing. The recommended zone change is consistent with the Metropolitan Bakersfield 2010 General Plan, subject to prior approval of General Plan Amendment No. P01- 0227. That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be amended by changing the land use zoning to R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) [located south of Hageman Road to the south section line of Section 17 east of Rivedakes Drive], C-2 (Regional Commercial), C- O (Professional and Administrative Qffice) and M-1 (Light Industrial) zones on a total of 75.58 acres as delineated on attached map marked Exhibit "C" - Map Showing Approved Zone Change P01-0227, of that certain property in said City of Bakersfield as described in Exhibit "D" - Legal Description attached hereto. That Zone Change No. P01-0227, as outlined above, is hereby approved with mitigation and conditions of approval shown on Exhibit "A", subject to prior approval of Genera~ Plan Amendment No. P01-0227. 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. 4 i,~'% 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 SEP 5 2001 by the following vote: AYES: COUNCILMEMBER NOES: COUNC[LMEMBER ABSTAIN: COUNC[LMEMBER ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO CITY CLERK and Ex Officio Cl~t?k of the Council of the City of Bakersfielcf' APPROVED SEP 5 2~301 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to,form: BART THILTGEN City Attorney, Exhibits: A. Mitigation and Conditions. B. Map showing Planning Commission Recommendation C. Map showing approved Zone Change P01-0227 D. Legal Description S:\GPA 2nd Qtr 2001\P01-0227\Resolutions~ZC Ordinance cc.wpd August 21, 2001 5 EXHIBIT A Mitigation Measures & Conditions (Revised 8/22/01) General Plan Amendment/Zone Change/ RiverLakes Ranch Specific Plan Amendment No. P01-0227 An archaeological survey shall be completed prior to ground disturbance, along with requiring any measures identified in the study to be completed. (Mitigation) If the water service requirements exceed the capability of the California Water Service Company's existing facilities or if the extension of the California Water Service Company's facilities is necessary, service would be provided in accordance to Rule 15 of the State Public Utilities Commission Rules and Regulations. This will remain in effect until April 3, 2002. After April 3, 2002, the developer shall be required to meet all of the California Water Service Company's requirements at that time. (Mitigation) The Metropolitan Bakersfield Habitat Conservation Plan has been adopted as policy and is implemented by ordinance. The plan addresses biological impacts within the Metropolitan Bakersfield General Plan Area. The development entitled by this proposal will be required to comply with this plan. (Mitigation) If any human remains are discovered on the site, ail work shall stop until the Kern County Coroner has been notified and has evaluated the remains. If any other archaeological artifacts are discovered during site development, all work shall stop until the find has been evaluated by a qualified archaeologist or historian. (Mitigation) Developer shall provide a total park acre estimated for the project of 10.4 acres, or in- lieu fees for the acreage to the North Bakersfield Parks and Recreation District. (Mitigation) 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 Krebs Road, RiverLakes Drive and Coffee Road to collector or 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. (Public Works Condition) 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. (Public Works Condition) EXHIBIT A Revised 8-22-01 Mitigation & Conditions GPNZC/RRSPA No. P01-0227 10. 11. 12. 13. 14. All development in the GPA area will be subject to the current Regional Traffic Impact Fee in effect at time of development, or to the provisions of Agreement 99-18. In the event of differing interpretations between the Regional Traffic Impact Fee and said agreement, the provisions of Agreement 99-18 shall prevail. The building square footage for the new commercial areas are below 100,000 SF and would be subject to fixed fee rates in effect at the time. However, should the proposed commercial area on the NE corner of Coffee Road and Meany Avenue be developed as a contiguous center fully integrated with the development of the existing commercial area to the north it is possible that the 100,000 SF threshold will be exceeded. In that case an independent impact study would be necessary to determine the RTIF amounts. (Public Works Condition) In the area previously zoned "P" (located west of Patton Way, north of Meany Avenue, east of Coffee Road), the developer shall develop within the LI/M-1 area a buffer between the Li/M-1 area and the residential area per the attached buffer sketch. The buffer shall include an 8-foot high masonry block wall, a seven (7) foot wide landscape strip with a tree (size defined by ordinance) every twenty feet, and a 65 foot building setback and have a maximum height restriction of 35 feet in the LI/M-1 area. The residential area will not have a height or setback restriction, other than what is in the zoning ordinance. (Planning Commission) The developer shall develop the area south of Hageman Road to the south section line of Section 17, east of RiverLakes Drive to the existing "Coleman" multi-family project (18.88 gross acres) as a Low Medium Density Residential with maximum of 142 dwelling units. The developer shall develop the area south of the south section line of Section 17, east of RiverLakes Drive to the Open Space area along Coffee Road (21.38 gross acres) as a High Medium Density Residential with a maximum of 403 dwelling units. (Planning Commission) The applicant/developer shall submit a revision to the Tentative Tract #6005, which would be consistent with the approval of General Plan Amendment/Zone Change P01- 0227. (Planning Commission) During the review process of any subdivision within the project site, consultation with the Division of Oil, Gas & Geothermal Resources shall be done to evaluate any potential impacts. (Planning Commission) Any development within the R-2/PUD area that is not detached single family residential shall be processed as a Planned Unit Development. (City Council) Walls and fences in the GPA area shall be provided as follows: East of Coffee Road, no theme walls, as defined in the RiverLakes Specific Plan, shall be required. A standard masonry wall shall be required between residential development and non-residential development. 2 Aug 22,;2001 EXHIBIT A Revised 8-22-01 Mitigation & Conditions GPNZC/RRSPA No. P01-0227 West of Coffee Road, no theme wall shall be required between commercial office development and Coffee Road. West of Coffee Road, a standard masonry wall shall be required between commercial office development and residential development. East of RiverLakes Drive, no theme wall shall be required for apartment development. (City Council) S:\GPA 2nd QE 2001\P01-0227\Staff Report,AdminReports\CouncilRev 8-22-01 Mit and Conditions.wpd 3 Aug~2,2001 ~-. EXHIBIT "B" Planning Commission Recommendation for Zone Change No. P01-0227 T298, R27E EXHIBIT "B" PLANNING COMMISSION RECOMMENDATION ZONE CHANGE P01-0227 R-2 E E OS C-2 R-2 R-I TO M-I os R-S-SA L EXHIBIT C Map Showing Approved Zone Change No. P01-0227 EXHIBIT C APPROVED ZONE CHANGE P01-0227 OS R2 E OS E OS m LIME. · ///,,'////~ ~," 7/////i //~ ///~ ///~ piz, o~151:::, Fa:E.$1 I::)~_.NTI At../I h3 ~O~,TI2-1 AL. EXHIBIT D Approved by City Council 8/22/01 Zone Change No. P01-0227 Legal Descriptions TO R-2 / P.U.D. ZONE (FROM R-l) ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 29 SOUTH RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOW: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 17; THENCE N.81°44'50"W., 132.43 FEET; THENCE N.89°19'20"W., 461.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N.89°19'20"W., 603.12 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.88°56'30"E.; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25°26'31" AN ARC DISTANCE OF 444.05 FEET; THENCE N.24°23'01"W., 500.00 FEET; THENCE N.59°48'34"E., 415.40 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17°39'40'' AN ARC DISTANCE OF 462.37 FEET; THENCE S.12°31'46"E., 549.72 FEET; THENCE S.00°40'40"W., 733.91 FEET TO THE POINT OF BEGINNING. CONTAINING 18.88 ACRES. TO R-2/PUD ZONE (FROM R-1 ZONE) ALL THAT PORTION OF THE SOUTH EAST QUARTER OF SECTION 20, AN D THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE N.81°44'50"W.,132.43 FEET TO THE POINT OF BEGINNING; THENCE N.89°19'20"W., 1064.12 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.88°56'30"E.; THENCE SOUTHERLYALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04'21'23" AN ARC DISTANCE OF 76.03 FEET; THENCE S.05°24'53'~/V., 200.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 1000.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°16'11'. AN ARC DISTANCE OF 336.32 FEET; THENCE S.89°19'20"E., 678.45 FEET; THENCE N.00°40'40"E., 128,13 FEET; THENCE S.89°19'20"E., 377.00 FEET; THENCE N .00°40'40"E., 480.64 FEET TO THE POINT OF BEGINNING. CONTAINING 13.93 ACRES. Legal Description Zone Change P01-0227 TO R~2/PUD ZONE (FROM R-3 ZONE) ALL THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.M,, CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE N.81°44'50"W., 132.43 FEET; THENCE S.00°40'40"W., 480.64 FEET; THENCE N.89°19'20"W., 377.00 FEET; THENCE S.00°40'40"W., 128.13 FEETTO THE POINTOF BEGINNING; THENCE S.00°40'40"W., 706.23 FEETTOTHE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1000.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS S.17°30'32"W.; THENCE NORTHWESTERLY ALONG SAID CURVE TH ROUGH A CENTRAL ANGLE OF 58°38'10" AN ARC DISTANCE OF 1023.39 FEET; THENCE S.89'19'20"E., 678.45 FEET TO THE POINT OF BEGINNING. CONTAINING 7.45 ACRES. TO C-O ZONE (FROM R-1 ZONE) ALL THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D,M,, CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE N.81°44'50"W., 132.43 FEET; THENCE S.00°40'40"W., 480.64 FEET TO THE POINT OF BEGINNING; THENCE S.00°40'40"W,, 128.13 FEET; THENCE N.89°19'20"W., 377.00 FEET; THENCE N.00°40'40"E,, 128.13 FEET; THENCE S.89°19'20"E., 377.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1.11 ACRES. TO C-O ZONE (FROM R-3 ZONE) ALL THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MD.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE N.81°44'50"W., 132.43 FEET; THENCE S.00°40'40"W., 608.77 FEET TO THE POINT OF BEGINNING; THENCE S.00°40'40"W., 749.07 FEET; THENCE N.89°19'20"W., 87.45 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1000.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE TH ROUGH A CENTRAL ANGLE OF 16*49'52" AN ARC DISTANCE OF 293.76 FEET; THENCE N,00°40'40"E., 706.23 FEET; THENCE S.89°19'20"E,, 337.00 FEET TO THE POINT OF BEGINNING. CONTAINING 6.39 ACRES. Page 2 of 5 EXHIBIT D Legal Description Zone Change P01-0227 TO C-2 ZONE (FROM R-2 ZONE) ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 29 SOUTH RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21, THENCE S.89°05'31"E., ALONG THE NORTH LINE OF SAID SECTION 21 A DISTANCE OF 807.00 FEET; THENCE DEPARTING SAID NORTH LINE, S.00°54'29"W,, 102,31 FEET; THENCE S.33°39'30"W., 618.57 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S.33°39'30"W., 635.86 FEET; THENCE S.28°21'42"W., 120.32 FEET; THENCE S.00°51'34"W., 75.16 FEET; THENCE S.89°08'26"E., 400.00 FEET; THENCE N.00°51'34"E., 716.37 FEET TO THE POINT OF BEGINNING. CONTAINING 3.71 ACRES. TO R-1 ZONE (FROM R-2 ZONE) ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.M, CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21; THENCE S.41°55'15"E., 757.94 FEET TO THE POINT OF BEGINNING; THENCE S.56°20'30"E., 160.00 FEET; THENCE N.33°39'30"E., 4.00 FEET; THENCE S.56°20'30"E., 209.74 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 270.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRALANGLE OF 57°05'12" AN ARC DISTANCE OF 269.01 FEET; THENCE S.00°44'42"W., 60.08 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°55'11" AN ARC DISTANCE OF 8.69 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 92.00 FEET; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 81°42'09'' AN ARC DISTANCE OF 131.19 FEET; THENCE S. 64 °00'10"W., 169.84 FEET; THENCE N.89°08'26"W., 370.00 FEET; THENCE N.00°51'34"E., 716.37 FEET; THENCE N.33°39'30"E, 79.29 FEET TO THE POINT OF BEGINNING. CONTAINING 6.83 ACRES. TO M-1 ZONE (FROM R-2 ZONE) ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21; THENCE S.34°20'01"E,, 1638.89 FEET; TO THE POINT OF BEGINNING; THENCE N.00°51 '34"E., 45.00 FEET; THENCE N.24°03'59"E., 141.84 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 92.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS S.24003'59"W.; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04053'44'' AN ARC DISTANCE OF 7.86 FEET; THENCE S.64°00'10"W., 169.84 FEET; THENCE S.00°51'34"E., 102.03 FEET; THENCE S.89°08'26"E., 102.71 FEET; TO THE POINT OF BEGINNING, CONTAINING 0.38 ACRES. Page 3 of 5 EXHIBIT D Legal Description Zone Change P01-0227 TO M-1 ZONE (FROM R-1 ZONE) ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21; THENCE S.34°20'01"E., 1638.89 FEET; TO THE POINT OF BEGINNING; THENCE N.00°51 '34"E., 45.00 FEET; THENCE N.24°03'59"E., 141.84 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 92.00 FEET AND TO WHICH BEGINNING A RADIAL LINE SEARS S.24°03'59"W.; THENCE NORTHWESTERLY ALONG SAID CURVE TH ROUGH A CENTRAL ANGLE OF 04°53'44'' AN ARC DISTANCE OF 7.86 FEET; THENCE N.64°00'10"E., 280.59 FEET; THENCE N.79°45'04"E., 1016.58 FEET; THENCE S.00°44'42"W., 501.38 FEET; THENCE N.89°08'26"W., 1297.67 FEET; TO THE POINT OF BEGINNING. CONTAINING 10.75 ACRES. TO M-1 ZONE (FROM P ZONE) ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21; THENCE S.58°17'23"E., 2611,76 FEET TO THE POINT OF BEGINNING; THENCE N.00°44'42"E., 501,38 FEET; THENCE N,79°45'04"E., 66,22 FEET; THENCE S.00°44'42"W. 514.13 FEET; THENCE N.89°08'26"W., 65.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.76 ACRES. TO R-1 ZONE (FROM P ZONE ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21; THENCE S.58°17'23"E., 2611.78 FEET; THENCE N.00°44'42"E., 501.38 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N.00°44'42"E., 551.05 FEET; THENCE S.89°04'30"E., 65.00 FEET; THENCE S.00°44'42"W., 538.23 FEET; THENCE S.79°45'04"W.,66.22 FEET TO THE POINT OF BEGINNING, CONTAINING 0.81 ACRES. Page 4 of 5 EXHIBIT D Legal Description Zone Change P01-0227 TO R-1 ZONE (FROM M-1 ZONE) ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21; THENCE S.58°17'23"E., 2611.76 FEET; THENCE S.89°08'26"., 65.00 FEET; THENCE N.00°44'42"E., 514.13 FEET TO THE POINT OF BEGINNING; THENCE N.79°45'04"E., 59.09 FEET; THENCE N.00°44'42"E., 637.15 FEET; THENCE N.89°04'30"W., 58.01 FEET; THENCE S.00°44'42"W., 648.60 FEET TO THE POINT OF BEGINNING. CONTAINING 0.86 ACRES. TO R-2 ZONE (FROM R-1 ZONE) ALL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 8; THENCE N.00°34'41"E., ALONG THE NORTH-SOUTH MID SECTION LINE, 509.72 FEET TO THE CENTERLINE INTERSECTION OF RIVERLAKES DRIVE AND OLIVE DRIVE; THENCE N.89°25'19"W. ALONG THE CENTERLINE OF OLIVE DRIVE, 199,39 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING FROM SAID CENTERLINE S,00°34'41"W., 70.00 FEET; THENCE S.43°51'53"W., 375.78 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 170.00 FEET, AND TO WHICH BEGINNING A RADIAL LINE BEARS N.08°38'24"E., THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°58'17" AN ARC DISTANCE OF 32.55 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTH ERLY, HAVING A RADIUS OF 1663.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°42'58,' AN ARC DISTANCE OF 311.03 FEET; THENCE N.24°14'26"W., 101.83 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 1763.00 FEET, AND TO WHICH BEGINNING A RADIAL LINE BEARS N.13°41'24"W., THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01°30'10" AN ARC DISTANCE OF 46.24 FEET; THENCE N.15054'43"W., 235.83 FEET TO A POINT ON THE CENTERLINE OF OLIVE DRIVE AND TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 2000.00 FEET, AND TO WHICH BEGINNING A RADIAL LINE BEARS N.15°43'01"W.; THENCE EASTERLY ALONG SAID CURVE AND SAID CENTERLINE OF OLIVE DRIVE, 568.80 FEET; THENCE S.89°25'19"E., 190.61 FEET TO THE POINT OF BEGINNING. CONTAINING 4.61 ACRES. S:\GPA 2nd Qtr 2001~P01-0227~Staff Report,AdminRepods\Legal Desc City Council Approv.wpd Page 5 of 5 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 6th day of September , 2001 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. Bakersfield City Council at a meeting held on the 5th day of entitled: 4023 , passed by the September 2001 and AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NOS. 102-08, 102-17, 102-20 AND 102-21 BY CHANGING THE ZONING FROM R-1 (ONE FAMILY DWELLING), R-2 (LIMITED MULTIPLE FAMILY DWELLING), R-3 (LIMITED MULTIPLE FAMILY DWELLING), M-1 (LIGHT MULTIPLE FAMILY DWELLING) AND P (PARKING) ZONES TO R-1 (ONE FAMILY DWELLING, R-2 (LIMITED MULTIPLE FAMILY DWELLING), R-2/PUD (LIMITED MULTIPLE FAMILY DWELLING/PLANNED UNITE DEVELOPMENT), C-2 (REGIONAL COMMERCIAL), C-0 (PROFESSIONAL AND ADMINISTRATIVE OFFICE) AND M-1 (LIGHT INDUSTRIAL) ZONES ON A TOTAL OF 75.58 ACRES. THE SITE IS GENERALLY LOCATED SOUTH OF OLIVE DRIVE, BETWEEN PATTON WAY AND CALLOWAY DRIVE. (P01-0227) /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield