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
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C-2
R-2
R-I TO M-I
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R-S-SA
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EXHIBIT C
Map Showing Approved
Zone Change No. P01-0227
EXHIBIT C
APPROVED ZONE CHANGE P01-0227
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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