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HomeMy WebLinkAboutORD NO 4594 ORDINANCE NO. 4 5 9 4 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE PREZONING FROM E (ESTATE), R-1 (ONE FAMILY DWELLING), R-2 (LIMITED MULIPLE FAMILY DWELLING) AND C-2 (REGIONAL COMMERCIAL) TO C-O/PCD (PROFESSIONAL AND ADMINISTRATIVE OFFICE/PLANNED COMMERCIAL DEVELOPMENT) AND C-2/PCD (REGIONAL COMMERCIAL/ PLANNED COMMERCIAL DEVELOPMENT) ZONES, ON 25.03 ACRES, LOCATED AT THE NORTHEAST CORNER OF ROSEDALE HIGHWAY (SR-58) AND VERDUGO LANE. (ZC NO. 09-0023). 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 being annexed to the City of Bakersfield generally located at the northeast corner of Rosedale Highway (SR-58) and Verdugo Lane; and WHEREAS, by Resolution No. 36-09 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. 09-0023 as delineated on the 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 for the zone change to change the prezoning of the subject property from E (Estate), R- 1 (One Family Dwelling), R-2 (Limited Muliple Family Dwelling) and C-2 (Regional Commercial) to C-O/PCD (Professional and Administrative Office/Planned Commercial Development) and C- 2/PCD (Regional Commercial/Planned Commercial Development), on 25.03 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 11, 2009, in accordance with CEQA; and WHEREAS, the general plan designation for this area, with prior adoption of GPA No. 09-0023, allows office commercial and retail commerical 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. 36-09, 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. o``gAKF9~ IP r U C ORIGINA! 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 with CEQA. 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. 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 being annexed to the City, the boundaries of which property is shown on the 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 approval of GPA No. 09-0023. SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. 000--------- gAKe, Page 2 of 3 m '')RIGINAI_ 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: Y COUNCILMEMBER BENHAM, WEIR, COUCH, HAIN SON, SULLIVAN, SC VNER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER BSE Nl~ COUNCILMEMBER PAMELA A. MCCARTHY, CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED HARVEY .HALL Mayor of the City of Bakersfield Z 4'1 APPROVED a form VIRGINIA G ARO City Attorn By: Exhibit A - Mitigation/Conditions of Approval B - Zoning Map C - Zone Change Legal Description DL:\S:\GPA 2nd 2009\09-0023\Res-Ord\CC Ord 09-0023.doc o~~AKF9s F- °m r V L ORIGIW!.- EXHIBIT A MITIGATION / CONDITIONS OF APPROVAL ~gAKF9 o sa U L ORIGINAL EXHIBIT A Mitigation/Conditions of Approval General Plan Amendment/Zone Change 09-0023 1. Preliminary development plans shall delineate for construction of a street/driveway between the office commercial area and the retail commercial area to the satisfaction of the Public Works and Planning Directors. The entire project area shall be designed as an integrated development with sensitivity for pedestrian access between uses and the general plan/zoning classifications. For orderly development. Air Quality 2. The proposed project will have air pollutant emissions associated with the construction and occupied use of the project site. Prior to grading plan approval, the applicant/developer of the project site shall submit documentation to the Planning Department that they will/have met all air quality control measures required by the San Joaquin Valley Air Pollution Control District. For potentially significant air quality impacts. Biological Resources 3. 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). 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. For potentially significant biological resource impacts. 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 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 biological resource impacts. 4. 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 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. Forpotentially significant biological resource impacts. 5. Prior to development, all pipes, culverts, or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry of kit fox. All structures not capped or otherwise covered, shall be inspected prior to burial or closure to ensure no kit fox or other protected species become entrapped. Escape ramps shall be provided for any trenches or ditches left open during -0AKF9 o ~ r v c ORIGINAL Exhibit A GPA/ZC 09-0023 Mitigation/Conditions of Approval Page 2 of 6 construction and deeper than two and one half feet. Closed trash containers shall be located on site during construction and all trash or other food waste be placed in designated containers. For potentially significant biological resource impacts. Cultural Resources 6. 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. All construction personnel shall be informed through a "tailgate" session 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 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. For potentially significant cultural resource impacts. 7. 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. For potentially significant cultural resource impacts. 8. 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. For potentially significant cultural resource impacts. Division of Oil, Gas and Geothermal Resources Conditions: 9. According to the Division of Oil, Gas, and Geothermal Resources there is one plugged and abandoned oil well within the project boundaries. With submittal of preliminary development plans, the developer shall delineate the plugged and abandoned oil well. No structure shall be constructed over or in proximity to the abandoned well location. Section 3208.1 of the Public Resources Code authorizes the State Oil and Gas Supervisor to order the reabandonment of a previously abandoned well when construction of any structure over or in the proximity of a well could result in a hazard. The cost of reabandonment operations is the responsibility of the owner or developer of the project upon which the structure will be located. If the abandoned well is on the adjacent property or near the common property line, any structures shall be set back sufficiently to allow future access to the well. For public health, safety and welfare. 10. Prior to construction in the vicinity (within 50 feet) of the plugged and abandoned oil well, the oil well shall be exposed for inspection and leakage testing by the Division of Oil, Gas and Geothermal r U L; ORIGINAL Exhibit A GPA/ZC 09-0023 Mitigation/Conditions of Approval Page 3 of 6 Resources Department. The well location being described as latitude 35.385784 and longitude - 119.116554 from SE corner 80ON 230OW in Fruitvale oil field NAD 27 Continental US coordinates. For public health, safety and welfare. 11. No structures may be constructed within 10 feet of a plugged or abandoned well. With submittal of preliminary development plans, the developer shall delineate the plugged and abandoned oil well and the 10-foot setback line around the well. Also submit a legible copy of final project maps to the Division of Oil, Gas, and Geothermal Resources. For public health, safety and welfare. 12. If this or any other abandoned or unrecorded well is uncovered or damaged during excavation or grading, remedial plugging operations may be required. The office of the Division of Oil, Gas and Geothermal Resources at 4800 Stockdale Highway, Suite 417, Bakersfield, Ca 93309 (661) 334- 3653, shall be contacted to obtain information on the requirements for and approval to perform remedial operations. For public health, safety and welfare. Public Works 13. 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 Verdugo Lane to City of Bakersfield collector standards for the full frontage of the area within the GPA request. 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. Provide fully executed dedication for Rosedale Highway (SR 58) to Cal-Trans arterial standards for the full frontage of the area within the GPA request. Provide copies of the recorded Cal-Trans dedications. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer and/or Cal-Trans. For orderly development b. This GPA/ZC area is too small to support its 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. Fororderly development. c. Sewer service must be provided to the GPA/ZC area. The developer shall be responsible for the initial extension of the sewer line to serve the property. This sewer line must necessarily be sized to serve a much larger area that the project area. The City is willing to aid the developer in the formation of a Planned Sewer Area and/or an Assessment District to provide a mechanism for the reimbursement of oversizing costs to the developer. 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 KF,5 o sT m r CD ORIGINAL Exhibit A GPA/ZC 09-0023 Mitigation/Conditions of Approval Page 4 of 6 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. The project applicant shall provide the City of Bakersfield with a phasing plan of the onsite and required offsite roadway improvements to be reviewed and approved by the City Engineer. For orderly development. f. 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 by the City Engineer and/or CalTrans. 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. g. 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 commercial. 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 h. 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. Fororder/y development. i. 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. Local Mitigation 14. Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee nor included with normal development improvements) as indicated in Tables 7 & 8 of the traffic study. An updated estimate, based upon current costs, and fee schedule shall be developed by the applicant and approved prior to recordation of a map or issuance of a building permit. Proportionate shares from the study as follows: 1. Jewetta Ave & Hageman Rd, Add 1 EBL, 5.33% share 2. Verdugo Ln & Hageman Rd, 1 EBL', 1 EBT', 1 WBT', 5.38% share 3. Calloway Dr & Hageman Rd, 1 NBT', 1 SBT', 1.86% share 4. Jewetta Ave & Meacham Rd, 1 NBL, 17.01% share 5. Verdugo Ln & Meacham Rd, 1 EBL', 1 WBL', 1 NBL, 46.03% share ~gRKF,9~~ J rn r C7 pIGINAL Exhibit A GPA/ZC 09-0023 Mitigation/Conditions of Approval Page 5 of 6 6. Calloway Dr & Meacham Rd, 1 NBT', 1 SBT', 4.09% share 7. Main Plaza Dr & Meacham Rd, Install Signal, 9.16% share 8. Allen Rd & Rosedale Hwy, 1 SBL, 1 SBT, 4.09% share 9. Verdugo Ln & Rosedale Hwy, 1 SBR, 17.93% share 10. Calloway Dr & Rosedale Hwy, 1 SBT, 3.87% share 11. Main Plaza Dr & Rosedale Hwy, 1 SBR', 2.43% share 12. Calloway Dr & Brimhall Rd, 1 WBT', 3.36% share 13. Allen Rd, Rosedale Hwy to Palm Ave, Add 1 lane 2, 8.27% share 14. Verdugo Ln, Noriega Rd to Hageman Rd, Add 2 lanes', 23.1 % share 15. Verdugo Ln, Hageman Rd to Rosedale Hwy, Add 2 lanes2, 78.46% share 16. Calloway Dr, Hageman Rd to Meacham Rd, Add 2 lanes', 6.59% share 17. Calloway Dr, Meacham Rd to Rosedale Hwy, Add 2 lanes', 3.99% share 18. Hageman Rd, Old Farm Rd to Jewetta Rd, Add 2 lanes', 8.95% share 19. Hageman Rd, Jewetta Rd to Calloway Dr, Add 2 lanes' 2, 5.59% share For orderly development. Notes: NB - north bound, SIB - south bound, WB - west bound, EB - east bound L - Left turn lane, T - Through lane, R - Right turn lane, 'Striping only, 2Portions have been widened adjacent to development. Project % share should be based on areas which need widening within the stated limits Regional Transportation Impact Fee 15. Prior to the issuance of building permits, the project applicant shall participate in the RTIF program by paying the adopted commercial fee in place at time of development. For orderly development. PLANNING COMMISSION: 16. With submittal of the PCD (Planned Commercial Development) development Plan the developer shall incorporate applicable design measures as listed in Table "K" of the Air Quality Analysis prepared by Vista Environmental, dated January 28, 2009. For potentially significant air quality impacts. 17. Prior to development, the project applicant shall comply with specific measures during the construction phase of the project and shall be implemented and include the following: a. During grading and construction activities, the project applicant shall require that the grading contractor restrict the idling of diesel equipment to the minimum necessary for equipment warm-up. b. During construction activities, the project applicant shall require that the building contractor recycle at least 50 percent of the construction waste generated by construction activities on the project site. C. Prior to ground-disturbance activities associated with the project, the project applicant shall conduct a "tailgate" session for all personnel associated with the grading and construction activities to inform personnel of the construction requirements pertaining to diesel equipment O~~AK~9cP 1 ~ r- m U L ORIGINAL Exhibit A GPA/ZC 09-0023 Mitigation/Conditions of Approval Page 6 of 6 and construction waste recycling. Documentation of the session shall be provided to the Planning Department prior to issuance of a building permit. d. PCD development plans shall specifically address the visual impacts to homes fronting on Verdugo Lane across from the proposed center through the use of berm landscaping and enhanced landscape planting. For potentially significant air quality impacts. City Attorney Condition 18. 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 orjudicial 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, failing 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. DL:S:\GPA 2nd 2009\09-0023\Res-Ord\Exhibit A.doc ~AK~9 U ORIGIN^:'_ EXHIBIT B ZONING MAP o~gAKe ~ m. r U C.: ORIGINAL 0 W ti N Z ) N N N U II-- 0 I_ N U N U O U d. y a N U 1S O N U 0 M o ~ w N w N O UU N ~ N ~ U L.Li O > Q ~ W 0 Q U d = 3AV NV30 NM 1S00 M co W O U O M U F- U D c z ~ Q ° N a co W 0U 0 rT' W U U LLJ NIoonda3n O ~~~~JJJ U ° = U U N a z o U N 9p N U ~n w O N w 9 N OO ci w 1S cV U N w 10 331NV'dO w y L? to V U 1S NOaNa3H NO tl1N3S3a0 VI co U W W a F Q > is SSOW z0 w U m U) W N Q L? U L W IS sa3.139 A o X ORIGINAi.. EXHIBIT C ZONE CHANGE LEGAL DESCRIPTION d~6AKF,9N a ~ i-- m v L ORIGINAL ZONING: E, R -1, R-2 & C-2 TO C-2/PCD ALL THAT PORTION OF LOTS 29 AND 30 IN SECTION 19, T.29 S., R.29 E., M.D.M. IN THE UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE SALES MAP OF LANDS OF J.B. HAGGIN IN SAID SECTION, FILED FOR RECORD AUGUST 20, 1890 IN THE KERN COUNTY RECORDER'S OFFICE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF DEEDEE AVENUE AND VERDUGO LANE AS SHOWN ON TRACT MAP NO. 2771 FILED IN MAP BOOK 13, PAGES 64 AND 65, SAID POINT BEING ON THE WEST LINE OF SAID LOT 29; THENCE 1) S 89°56'33" E, A DISTANCE OF 838.59 FEET, TO THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF SAID LOT 30; THENCE 2) S 00°10'50" W, ALONG SAID EAST LINE, A DISTANCE OF 938.50 FEET, TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF SAID LOT 30, SAID POINT LIES ON LINE 30.00 FEET NORTH OF AND PARALLEL TO THE CENTERLINE OF ROSEDALE HIGHWAY (STATE ROUTE 58); THENCE 3) N 89°49'10" W, ALONG SAID PARALLEL LINE AND THE SOUTH LINE OF LOTS 29 AND 30, A DISTANCE OF 838.59 FEET, TO THE SOUTHWEST CORNER OF LOT 29 AND THE CENTERLINE OF VERDUGO LANE; THENCE 4) N 01 °10'50" E, ALONG THE CENTERLINE OF VERDUGO LANE AND THE WEST LINE OF SAID LOT 29, A DISTANCE OF 938.50 FEET,TO THE TRUE POINT OF BEGINNING. CONTAINS 18.07 ACRES, MORE OR LESS %,NND S ~ 772 EXP. 12-31-10 s,. ~ 29 09 ~s q OFC ~ g A K,~9 ti r ORIGINAL ZONING: E TO C-O/PCD ALL THAT PORTION OF LOTS 29 AND 30 IN SECTION 19, T.29 S., R.29 E,, M.D.M, IN THE UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE SALES MAP OF LANDS OF J.B. HAGGIN IN SAID SECTION, FILED FOR RECORD AUGUST 20, 1890 IN THE KERN COUNTY RECORDER'S OFFICE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF DEEDEE AVENUE AND VERDUGO LANE AS SHOWN ON TRACT MAP NO. 2771 FILED IN MAP BOOK 13, PAGES 64 AND 65, SAID POINT BEING ON THE WEST LINE OF SAID LOT 29; THENCE 1) N 01°10'50" E, ALONG THE CENTERLINE OF VERDUGO LANE AND THE WEST LINE OF SAID LOT 29, A DISTANCE OF 361.40 FEET TO THE NORTHWEST CORNER OF SAID LOT 29; THENCE 2) S 89°56'33" E, ALONG THE NORTH LINE OF SAID LOTS 29 AND 30, A DISTANCE OF 838.59 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF SAID LOT 30; THENCE 3) S 00°10'50" W, ALONG SAID EAST LINE OF THE WEST HALF OF THE WEST HALF OF LOT 30, A DISTANCE OF 361.40 FEET; THENCE 4) N 89°56'33" W, A DISTANCE OF 838.59 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 6.96 ACRES, MORE OR LESS LAND S PpN G.,q ~ 9a 9 L.S. 7972 EX P. 12-3 -10 ~9 4F C Al\FpQ m - r ~ G 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. 4594, 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 (ZONING MAP) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE PREZONING FROM E (ESTATE), R-1 (ONE FAMILY DWELLING) , R-2 (LIMITED MULTIPLE FAMILY DWELLING) AND C-2 (REGIONAL COMMERCIAL) TO C-O\PCD ( PROFESSIONAL AND ADMINISTRATIVE OFFICE\PLANNED COMMERCIAL DEVELOPMENT) AND C-2/PCD (REGIONAL COMMERCIAL/PLANNED COMMERCIAL DEVELOPMENT) ZONES, ON 25.03 ACRES, LOCATED AT THE NORTHEAST CORNER OF ROSEDALE HIGHWAY (SR-58) AND VERDUGO LANE. (ZC NO. 09-0023). PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By: DEP Ci Clerk SADOCUMENT\FORMSVWOP.ORD.wpd o~ gAKe' m U L ORIGINAL.