HomeMy WebLinkAboutORD NO 4593
ORDINANCE NO. 4 5 9 3
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 OF TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING FROM C-O/PCD (PROFESSIONAL AND
ADMINISTRATIVE OFFICE/PLANNED COMMERCIAL
DEVELOPMENT) TO R-2/PUD (LIMITED MULTIPLE FAMILY
DWELLING/PLANNED UNIT DEVELOPMENT) LOCATED AT
THE NORTHWEST CORNER OF GOSFORD ROAD AND
BERKSHIRE ROAD (FUTURE ALIGNMENT). (ZC NO. 09-0258).
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 request to change the land use zoning of those certain properties in the City of Bakersfield
generally located at the northwest corner of Gosford Road and Berkshire Road (future
alignment); and
WHEREAS, by Resolution No. 33-09 on June 18, 2009, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve Zone Change No. 09-0258 as delineated on attached Zoning Map 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 zone change to change the zoning of the subject property from C-O/PCD
(Professional and Administrative Office/Planned Commercial Development Zone) to R-2/PUD
(Limited Multiple Family Dwelling/Planned Unit Development Zone), on 22.46 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 May
22, 2009, in accordance with CEQA; and
WHEREAS, the general plan designation for this area, with prior adoption of GPA No.
09-0258, allows for residential devlopment; and
WHEREAS, the City Council has considered and concurs with the following findings
made by the Planning Commission as set forth in Resolution No. 33-09, adopted on June 18,
2009:
1. 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.~yAKF9
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4. The proposed project is consistent with surrounding uses.
5. The proposed project, as shown on Exhibit "B", is consistent with the
Metropolitan Bakersfield General Plan, with prior approval of GPA 09-
0258.
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:
1. That the above recitals, incorporated herein, are true and correct.
2. The Negative Declaration is hereby adopted.
3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be and the same is hereby amended by changing the land
use zoning of that certain property in the City, the boundaries of which
property is shown on Zoning Map marked Exhibit "B" attached hereto and
made a part hereof, and are more specifically described in attached
Exhibit "C".
4. Such zone change is hereby made subject to the "Mitigation/Conditions
of Approval" listed in attached Exhibit "A", and subject to prior approval of
GPA No. 09-0258.
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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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 ncT 0 7 2009 by the
following vote:
COUNCILMEMBER BEN M, WEIR, COUCH, HA SON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER
ABS : COUNCILMEMBER
(T9 P COUNCILMEMBER
PAMELA A. McCARTHY, C C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as o form
VIRGINIA G ARO
City Attorn
By:
Exhibit A - Mitigation/Conditions of Approval
B - Zoning Map
C - Zone Change Legal Description
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ORIGIN Vo-
EXHIBIT A
Mitigation/Conditions of Approval
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ORIGINAL
Mitigation/Conditions of Approval
Air Quality General Plan Amendment/Zone Change 09-0258
1. During all phases of construction, construction equipment shall be properly and routinely
maintained, as recommended by manufacturer manuals, to control exhaust emissions. For
potentially significant impacts.
2. During all phases of construction, all contractors shall restrict equipment and vehicle idling to five
minutes or less. For potentially significant impacts.
3. The project applicant shall develop a ride-share incentive program for construction workers. For
potentially significant impacts.
4. On-site electrical hookups shall be installed for electric hand tools such as saws, drills and
compressors, to substantially decrease the need for fuel power electric generators and other fuel-
powered equipment. For potentially significant impacts.
5. Utilization of interconnecting sidewalks, walking paths, and/or bike paths in order to encourage
travel by means other than by motor vehicle. For potentially significant impacts.
6. Utilization of appropriate landscaping to create reasonable shade canopies for streets, parkways,
and parking areas. For potentially significant impacts.
7. Prohibit the instillation and use of wood burning stoves pursuant to SJVAPCD. For potentially
significant impacts.
Cultural Resources
8. 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 Resource Code which details the appropriate actions
necessary for addressing the remains) and the local Native American community shall be notified
immediately. For potentially significant impacts.
9. If unrecorded cultural resources are located during development of the site, work must halt in the
vicinity and the finds must be assessed by a qualified archaeologist. Any recommendations made
by the qualified archaeologist shall be completed by the developer prior to commencement of the
development. For potentially significant impacts.
10. Prior to ground-disturbance activities associated with this project, personnel associates 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
prior to commencement of ground-disturbance activities. This documentation should include
information on the date(s) of training activities, the individual(s) that conducted the training, a
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ORIGINAL
Exhibit A
GPA/ZC 09-0258
Mitigation/Conditions of Approval
Page 2 of 8
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. Forpotentially
significant impacts.
Biological Resources
11. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for
American white pelicans, burrowing owl, and comply with the provisions of the Migratory Bird Treaty
Act (MBTA) of 1918 (16 U.S.C. 703-711). Survey protocol shall be that recommend by the State
Department of Fish and Game. Developer shall be subject to the mitigation measures
recommended by the consultant. A copy of the survey shall be provided to the Planning Department
prior to ground disturbance.
The American white pelican and 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 eggs. 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. For potentially significant impacts.
12. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for
kit fox, and comply with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan.
Survey protocol shall be that recommended by the State Department of Fish and Game and U.S.
Fish and Wildlife Services. Developer shall be subject to the mitigation measures recommended by
the consultant. A copy of the survey shall be provided to the Planning Department prior to ground
disturbance. For potentially significant impacts.
13. Prior to ground disturbance, the developer/subdivider shall have a qualified consultant survey the
location for blunt nose leopard lizard. Survey protocol shall be that recommended by the State
Department of Fish and Game. Developer/subdivider shall be subject to the mitigation measures
recommended by the consultant. A copy of the survey shall be provided to the Planning Department
prior to ground disturbance. For potentially significant impacts.
14. The mitigation measures are to be implemented by the project developer prior to, during and after
project implementation and are summarized on the next page Appendix E which is within the Biota
Report for the project (M. H. Wolfe and Associates, February 13, 2004). For potentially significant
impacts.
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ORIGIPvr.I
Exhibit A
GPA/ZC 09-0258
Mitigation/Conditions of Approval
Page 3 of 8
A endix E
Mitigation Measure Project Impact Timing of Mitigation-
Description of Mitigation Measure Impact Section Before During After
Addressed
MBHCP compensation fee payment 5.1.1.2 X
Implement take avoidance measures: preconstruction 5.1.1.2 X
surveys for known kit fox dens, active bat roosts and
raptor nests.
MBTA take avoidance and buffer zones. 5.1.1.2 X X
Direct lighting down and away from adjacent 5.1.1.4 X X X
a ricultural areas.
Contain solid waste and garbage in covered receptacles 5.1.1.1 X X X
and properly dispose of food waste and other garbage.
Clean-up litter regularly on construction site.
Slow speed signs shall be posted on the construction 5.1.1.3 X X
site.
Prevent pipe entrapment by capping piping and 5.1.1.2 X X
inspecting trenches prior to burial and closure.
Prevent loss of wildlife in trenches, excavations or 5.1.1.2 X X
vaults by covering the openings or installing escape
ramps of some type.
Notify new owners, lessees or operators of All X X X
environmental requirements if transfer or assignment of
the property project occurs.
Conduct environmental training for responsible All X X
supervisors, field foreman and field contractors to
ensure compliance with environmental protection
requirements.
Report previously unidentified habitat or presence of 5.1.1.1 X X X
protected species that are not addressed in the MBHCP 5.1.1.2
or this biota report. Contact a qualified biologist for
guidance. Notify the CDFG and/or the USFWS as
appropriate. Report immediately any take of a
threatened or endanered species.
Source: Biota Report by M.H. Wolfe and Associates, February 13, 2004.
Traffic Mitigation Measures
15. Prior to issuance of any building permit within the GPA/ZC area, the applicant/developer shall pay
the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City Public
Works Department. For potentially significant impacts.
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ORIGIN'1
Exhibit A
GPA/ZC 09-0258
Mitigation/Conditions of Approval
Page 4 of 8
16. The developer shall construct the intersection and roadway improvements which are needed by the
year 2024 to maintain or improve the operational level of service of the street system in the vicinity of
the project as identified in Table 8 in the Traffic Study for the project (Ruettgers & Schuler Civil
Engineers, May 2004). For potentially significant impacts.
17. Prior to issuance of the first building permit within the GPA/ZC area, the developer shall pay the
proportionate share contributions for the intersection and roadway improvements not covered by the
RTIF as identified in Table 8 of the project Traffic Study (Ruettgers & Schuler Civil Engineers, May
2004). For potentially significant impacts.
Public Works
18. 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 Gosford Road to arterial standards and Berkshire 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. For orderly development.
b. This GPA/ZC area is within a previously approved Master Drainage Study area. The Master
Drainage Study does not need revision. Any required retention site and necessary
easements shall be dedicated to the City. For orderly development
c. Sewer service must be provided to the GPA/ZC 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. For orderly
development
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. For orderly development
e. Developer is responsible for the construction of all infrastructure, both public and private,
within the boundary of the GPA/ZC area. This includes the construction of any and all
boundary streets to the centerline of the street, unless otherwise specified. The developer is
also responsible for the construction of any off site infrastructure required to support this
development, as identified in these conditions. The phasing of the construction all
infrastructure will be addressed at the subdivision map stage. For orderly development.
19. Prior to issuance of a building permit , developer shall pay a major transportation facility fee in the
amount of $2487 per residential dwelling unit. 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.
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Exhibit A
GPA/ZC 09-0258
Mitigation/Conditions of Approval
Page 5 of 8
20. 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.
21. 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.
22. The Berkshire Road crossing of the Stine Canal needs to be constructed to serve this area.
Developer shall pay their proportionate share of the cost and shall aid in the formation of a Major
Bridge and Thoroughfare District for the widening of the crossings. For orderly development.
23. The project is required to pay into the adopted Regional Traffic Impact Fee fixed rate program as
adopted by the time of development. For orderly development.
24. Traffic - Local Mitigation: Pay the proportionate share of the local mitigation measures as indicated
in Table 5.5-16 of the DEIR prepared for GPA/ZC 04-0057; percent shares shall be based upon the
Caltrans methodology, percentage in parenthesis costs shall be based upon prices current at
the time of issuance of building permits or vesting of the subdivision map, whichever is applicable.
Priorto development or recordation of any subdivision the project engineer shall prepare, and have
approved, an estimate and fee schedule for these local mitigation items, where not already
accounted for by adjacent development projects. For orderly development.
Planning Conditions
25. Prior to Final Site Plan approval by the Planning Department, the developer of the GPA/ZC area
shall provide important vehicular and pedestrian access to retail and food service uses from the
proposed multi-family uses. This will provide significant traffic and neighborhood walkability
benefits. For orderly development.
26. Preliminary Development plans shall provide a public vehicular access road serving the proposed
R-2 development, commercial development to the north and multiple family development to the
west. The road shall be designed to the satisfaction of the Public Works and Planning Departments
to provide vehicular and pedestrian access from the adjacent uses to the multi-family uses. For
orderly development.
27. With submittal of any tentative and/or final subdivision map filed on the project site, shall include
dedication of a full-width 60-foot local road to City standards along the western boundary of the
project site as shown in the attached exhibit. For orderly development.
If no subdivision map is filed, prior to occupancy of any building on the site, the applicant shall
construct said road referenced above to the satisfaction of the Public Works and Planning
Departments. For orderly development and enhanced access to the commercial center for
traffic relief and walkability.
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Exhibit A
GPA/ZC 09-0258
Mitigation/Conditions of Approval
Page 6 of 8
City Attorney Condition
28. 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.
Applicable Conditions of Approval/Mitigation Measures from GPA/ZC No 04-0057
Water Wells
29. The agricultural water wells shall be properly removed and abandoned pursuant to the latest
procedures required by the local agency with closure responsibilities for the wells. Any associated
equipment (i.e., generators and pumping materials) shall be removed off-site and properly disposed
of at a permitted landfill. A visual inspection of the areas beneath the removed materials (if present)
shall be performed. For potentially significant impacts.
Waste Oil and Oil Filters
30. The waste oil, oil filters, and buckets shall be removed off-site and properly disposed of at an
approved landfill facility. Then the areas beneath and around the removed materials shall be
visually inspected. Any stained soils observed underneath the materials shall be sampled and
analyzed. If analysis detects concentrations of materials above regulatory cleanup levels, the
mitigation measure shall include:
■ Excavation and disposal at a permitted, off-site facility;
■ On-site treatment; or
■ Other measures as appropriate.
For potentially significant impacts.
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Exhibit A
GPA/ZC 09-0258
Mitigation/Conditions of Approval
Page 7 of 8
31. Any removal or relocation of transformers shall be conducted under the purview of the local utility
purveyor to identify proper handling procedures regarding potential polychlorinated biphenyls
(PCBs). For orderly development.
Agricultural Uses
32. Prior to issuance of any grading permit, the Project applicant shall perform soil tests to determine
concentrations of pesticide and fungicide residues that may be present within the Project site.
Should contamination levels be in excess of acceptable Federal, State, and/or County levels, the
Project Applicant shall identify and implement remedial action, (subject to approval by the City of
Bakersfield and responsible regulatory agencies), to reduce contaminants to acceptable levels. For
potentially significant impacts.
Fire Protection Services
33. Future development projects shall be reviewed by the City of Bakersfield and/or County of Kern Fire
Departments. Specific Department requirements for access, fire flow, hydrants, or other fire and life
safety requirements shall be addressed at the subsequent property entitlement phase. Fororderly
development.
34. Residential projects shall meet fire-flow requirements in accordance with relevant City building
codes, City fire codes, and the requirements of the Kern County Fire Department. For orderly
development.
35. Traffic signal pre-emption devices shall be installed on all new traffic signals and a signal pre-
emption transmitter shall be provided by the applicant for the City of Bakersfield Fire Department
and Kern County Fire Department. For orderly development.
Planning Commission Conditions from GPA/ZC 04-0057
36. Prior to recordation of final maps, the Public Works Department shall verify that all associated
improvement plans specify that all street lights are to be zero cutoff fixtures. For potentially
significant impacts.
37. Upon recordation of the first subdivision map, the applicant shall construct to the City of standards
as approved by the Public Works Director, curb, gutter and street at the commercial corner of
Panama Lane and Gosford Roads. Upon the recordation of the 200th residential lot, the applicant
shall construct to City of Bakersfield standards as approved by the Public Works Director, curb,
gutter and streets at the commercial corner of McCutchen Road and Gosford Road. For orderly
development.
38. In an attempt to reduce complaints and unwarranted investigations undertaken by any public
agency, the following disclosure shall be recorded as part of any transfer of properties within the
project site.
Your real property is adjacent or in the vicinity of property used for agricultural operations
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ORIGIN r
Exhibit A
GPA/ZC 09-0258
Mitigation/Conditions of Approval
Page 8 of 8
and/or industrial operations, you may be subject to inconveniences or discomforts arising
from and associated with such operations on any 24-hour basis. Said discomforts may
include, but shall not be limited to equipment noise, odors from manure, fertilizer, and other
chemicals, dust and/or smoke.
For orderly development.
39. Noise levels in residences within the Project site shall be further mitigated through the use of
noise-reducing components adequate to reduce noise from nearby heavy industrial sites and
operations, including but not limited to dual-paned windows and air conditioning. For orderly
development.
40. The developer shall include the following disclosure provision in any grant deed to any grantee
of any property within the Project site:
Grantee hereunder acknowledges and agrees that the subject property is
located in the vicinity of active industrial uses and operations, including the
production of concrete, asphalt and other construction materials. Grantee
also acknowledges that such operations are associated with potentially
objectionable elements, including dust, noise, vibration, bright lights,
unattractive visual appearance, hours of operation, and heavy truck traffic on
Gosford Road, Panama Lane, McCutchen Road and other roads in the area.
Grantee hereby covenants to include this same paragraph in any
subsequent deed by Grantee of all or any portion of the subject property.
For orderly development.
Added Conditions for Vulcan Materials Companv from Planning Commission
41. Prior to issuance of any certificate of occupancy within the project area, developer shall construct a
masonry wall, not less than six feet high, along the north and west boundaries of the project site.
The bottom of the wall shall be at grade level of the adjacent residences. Developer, and all
future owners of the property (ies) where such wall has been installed, shall be responsible for
maintaining such wall in good condition and repair. For orderly development.
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EXHIBIT B
Zoning Map
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EXHIBIT C
Zone Change Legal Description
EXHIBIT C
LEGAL DESRIPTION
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 29, SAID
POINT MARKED BY KCS CONCRETE MONUMENT, SAID POINT ALSO BEING
THE CENTERLINE INTERSECTION OF PANAMA LANE (COUNTY ROAD NO.
126) AND GOSFORD ROAD (COUNTY ROAD NO. 125), THENCE SOUTH
00°35'45" WEST, A DISTANCE OF 1886.55 FEET TO THE TRUE POINT OF
BEGINNING.
THI'CE SOUTH 00035'45" WEST ALONG THE CENTERLINE OF GOSFORD
ROAD, ALSO BEING THE EAST LINE OF PARCEL "B", A
DISTANCE OF 741.29 FEET TO THE SOUTHEAST CORNER OF
PARCEL "B", ALSO BEING THE EAST QUARTER CORNER OF
SECTION 29;
THENCE NORTH 89017'24" WEST, ALONG THE SOUTH LINE OF PARCEL
"B", A DISTANCE OF 1320.00 FEET TO THE SOUTHWEST
CORNER OF PARCEL "B";
THENCE NORTH 00035'45" EAST, ALONG THE WEST LINE OF PARCEL "B",
A DISTANCE OF 741.32 FEET TO THE NORTHWEST CORNER OF
PARCEL "B", ALSO BEING THE SOUTHWEST CORNER OF
PARCEL"A";
THENCE SOUTH 89°17'1 r EAST ALONG THE NORTH LINE OF PARCEL
"B", ALSO BEING THE SOUTH LINE OF PARCEL "A" A DISTANCE
OF 1320.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS 22.46 AC., MORE OR LESS
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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 9th day of October , 2009 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4593, passed by the
Bakersfield City Council at a meeting held on the 7th day of October, 2009 and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING
SECTION 17.06.020 OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE ZONING FROM C-O\PCD
(PROFESSIONAL AND ADMINISTRATIVE OFFICE/PLANNED COMMERCIAL
DEVELOPMENT) TO R-2\PUD (LIMITED MULTIPLE FAMILY
DWELLING/PLANNED UNIT DEVELOPMENT ) LOCATED AT THE
NORTHWEST CORNER OF GOSFORD ROAD AND BERKSHIRE ROAD
(FUTURE ALIGNMENT). (ZC NO. 09-0258).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEPUTY City Clfgrk
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RIGINAL