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HomeMy WebLinkAboutORD NO 4034ORDINANCE NO. ~: 0 3~ AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO.103- 31) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM REGIONAL COMMERCIAL (C-2) TO PLANNED COMMERCIAL DEVELOPMENT (PCD) ZONE ON 4.3 ACRES LOCATED ON THE SOUTHWEST CORNER OF UNION AVENUE AND CALIFORNIA AVENUE (1101 UNION AVENUE) TO ALLOW THE CONSTRUCTION OF A GROCERY STORE AND GAS FUELING ISLANDS (ZC #P01-0539) WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the land use zoning of those certain properties in the City of Bakersfield generally located at the southwest corner of Union Avenue and California Avenue (1101 Union Avenue); and WHEREAS, by Resolution No. 110-01 on September 6, 2001 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Planned Commemial Development (PCD) zoning as delineated on attached Zoning Map No. 103-31 marked Exhibit "C", and more specifically described in Exhibit "D", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; 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 and a Negative Declaration was prepared and approved by the City Council on May 7, 1997, in conjunction with Project No. P96-0777 and in accordance with CEQA; and WHEREAS, said Negative Declaration is applicable to and appropriate for this project; and WHEREAS, there have been no substantial changes to the project or circumstances under which it will be undertaken; and WHEREAS, no new environmental impacts have been identified; and WHEREAS, in addition, the Planning Commission and this Council, determined this project to be exempt from CEQA pursuant to Section 15332 of the CEQA Guidelines; and WHEREAS, the general plan designation for this area allows commercial development; and WHEREAS, the proposed zone change consisted of a change from Regional Commercial (C-2) zone to Planned Commercial Development (PCD) zone to allow construction of a grocery store and a gas fueling facility, on the 4.3 acre shopping center site; and findings: WHEREAS, the City Council has considered and hereby makes the followj~/'~E, gd~ ~RIGINAL All required public notices have been given The provisions of the California Environmental Quality Act (CEQA) have been followed. Pursuant to BMC Section 17.54.070: The proposed planned commercial development zone and preliminary development plan is consistent with the General Plan and objectives of this ordinance. The proposed development will constitute a commercial environment of sustained desirability and stability, and it will compliment and harmonize with the character of the surrounding neighborhood and community. The proposed development justifies exceptions from the normal application of this code in that it integrates such elements as the location of structures, circulation pattern, parking, landscaping and utilities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided on the property. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the general plan. The conditions of approval, attached hereto as Exhibit "A" contain requirements to be satisfied by both City Staff and the Developer to mitigate the effects of this proposal on the neighborhood. The conditions of approval, attached hereto as Exhibit "A" are needed to provide for ordedy development, and the public health, welfare and safety; and SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. All of the foregoing recitals are hereby found to be true and correct. 2. That this project pertains to the Negative Declaration previously approved in conjunction with Project No. P96-0777. 3, Furthermore, the project is exempt from CEQA pursuant to Section 15332, in that it meets the criteria for the exemption. 4. 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 said City, the boundaries of which property is shown on Zoning Map. No. 103-31 marked Exhibit "C" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "D ". 5. Such zone change is hereby made subject to the conditions of approval listed and plans depicted in attached Exhibit "A." 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. 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 OCT ~. 4. Z00! , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUNClLMEMI~ER COUNCILMEMBER CITY CLERK and Ex Officio Cl~ of the Council of the City of Bakersfield- APPROVED AS TO FORM: BART J. THILTGEN City Attorney/~ By: Virgini~tJGennaro,,~)ep~uty City Attorney Exhibits: A. Conditions B. Vicinity Map and Site Plan C. Zone Map 102-34 D. Legal Description LP \ S:~ZoneChange~.Cp01-053g~OZC-CC.wpci \\ OctobsrS, 2001 3 ORIGINAL EXHIBIT "A" CONDITIONS OF APPROVAL PCD ZONE CHANGE # P01-0539 FROM GPA/ZC P96-0777 The developer shall be required to contribute to the Phase II, Regional Traffic Impact Fee (RTIF), based upon the actual developed uses per the adopted fee schedule. These fees have been established by Council as minimum mitigation for build out of the General Plan. Additional impacts were identified in the traffic study, the developer shall be required to pay his share of the improvements listed below based upon an approved engineer's estimate of the costs. 2.1 Pay the proportionate share of upgrading the intersection (through striping and/or widening as appropriate) of Brundage Lane at Union Avenue to add a west bound to south bound left turn lane and a south bound to west bound right turn lane. The proportionate share is 2.7%. 2.2 Pay the proportionate share of upgrading the intersection (through striping and/or widening as appropriate) of California Avenue at Chester Avenue to add a south bound through lane and west bound to south bound left turn lane. The proportionate share is 0.5%. STATE DEPT. OF TRANSPORTATION (CALTRANS) Note: Unless otherwise approved or modified by Caltrans, the following conditions shall apply: Egress from the proposed driveway onto Union 'Avenue (SR 204) across from 11t~ Street will be restricted to right-turn out only. A traffic diverter (worm island) will need to be constructed within the intersection to prohibit left-turn out and through movements. Left and right turns in will be allowed. The existing northbound left-turn lane on Union Avenue at California Avenue is too short and can only accommodate storage for about six vehicles. It will be necessary to either construct dual-left turn lanes or extend the existing left-turn pocket by removing the south bound left-turn lane into 11 ~ Street. An encroachment permit must be obtained from this agency for any work within the State right- of-way. Engineering drawings of all work ara to be submitted with the application and may be prepared in metric or dual units (English or Metric). If using dual units, the preferred method is English first with Metric in parenthesis, Work planned within the State right-of-way will be performed to State standards and specifications at no cost to the State. Plans for said work need to be reviewed and approved by the Permit Department and the Environmental Planning Branch before a permit can be issued. Permits will be issued in accordance with Caltrans Streets and Highways Code, Section 671.5, "Time Limitations." S:~.oneChange[ZC pO1.0539~exA.wpd September 10,2001 ORIGINAL Exhibit "A" ZC P01-0539 Conditions Page 2 PLANNING In the event any cultural resources are found, after demolition or during construction of new structures, all work shall stop and a qualified archeologist must be contacted to evaluate the find and recommend mitigation measures. All measures to be carried our prior to final occupancy of either major retail store. The subject site shall be developed substantially as shown on the approved site plan with modifications per the conditions of approval, site plan review committee conditions, elevation drawings, or letter of explanation. The applicantJdeveloper shall provide an opening in the proposed block wall on the southern property line to allow a 30 foot wide driveway access to the property to the south. The landscape plan shall be reviewed with final submittal of the building plans. In an advisory capacity, the City's Urban Forrester may be consulted on an "as needed" basis, regarding selection of tree species. The developer shall plant trees equal to or in excess of the number provided with the landscape plan submitted for consideration of this zone change. Landscaping and parking lot shading for the project shall comply with the landscape requirements in effect at the time the final development plans ara submitted, with the exception that the landscape stdp on the west side of the site from the southern most driveway to the south property line, shall measure 8 feet from the back of the sidewalk (within the curb-to-property line setback). The vadety of tree species shall be equally distributed throughout the parking lot area. 10. Delivery trucks shall not make deliveries between 12 a.m. and 5 a.m. 11. Only directional signs as defined in BMC 17.60.080 F, shall be permitted along Pershing Street. No wall signs shall be permitted along Pershing Street. 12. The development shall conform to the Noise requirements found on Table VII-5 in the Noise Element of the Metropolitan Bakersfield 2010 General Plan. Table VII-5 provides noise level performance standards for temporary or intermittent noise sources and references dB(A) level exposure periods based on daytime and nighttime hours. Compliance shall be dealt with through complaints to the Code Enforcement Division. 13. Parking lot and security lighting shall be limited to 25 feet in height or as approved by the Planning Director based on evidence provided in a photometric study prepared by a qualified electrical engineer. The fueling facility lights shall be shielded from adjacent residential uses. 14. A minimum of 180 parking spaces shall be provided on the final site plan. The size of all parking stalls shall meet or exceed City standards, 15. The applicant shall construct a 4 foot tall masonry wall (measured from the finished grade of the parking lot) with 2 feet of decorative wrought iron (6 foot total developed height) adjacent to the street landscaping (inside the proposed 30" hedge) along the parking area on Pershing Street. 16. No illuminated wall signs may be permitted on the west elevation of the building. S:tZoneChangetZC pO1-O539h~xA.wpd September 10,2001 ©~tGINAL Exhibit "A" ZC P01-0539 Conditions Page 3 17. The final development plans shall indicate all building and parking lot lighting proposed. The light proposed on the rear of the building (adjacent to Pershing Street) shall be subject to approval by the Planning Director. 18. The applicant shall post signs at the driveways exiting onto Pershing Street at the south driveway (facing the site parking lot) indicating that Pershing Street is not a truck route. 19. The applicant shall construct a curb return that reduces the width of the driveway aisle at the rear of the building to 20 feet at the point of exit at the south driveway on Pershing Street. 20. The southern most driveway to the parking lot on Pershing Street shall align with 11 "' Street. 21. A crash gate (shielded to block truck lighting) shall be installed for emergency access along Pershing Street (across the width of the truck access aisle) located on the south border of the site. 22. The developer shall construct a 6 foot wall (from highest adjacent grade) on the west side of the site, from the point south of the southern most driveway to the crash gate. The block wall shall be located behind the landscape strip. 23. The developer shall install inverted lights, attached to the inside of the block wall facing away from residences to the west to provide lighting for the truck access aisle. The following are sPe¢ific items that shall be satisfied bv City Staff and are not the responsibility of the develooer: 24. City shall install stop signs on 11"~ Street at both Pershing Street and "T" Street to stop 11"' Street traffic. Also, install stop signs on 10"' Street at both Pershing Street and "T" Street to stop 10"' Street traffic. 25. City shall replace the existing "no trucks" signs at each end of Pershing Street with "Not a Truck Route" signs to be consistent with the Vehicle Code, the Municipal Code and current practice. 26. Public Works Traffic Engineering staff shall collect traffic counts on Pershing Street, 11"' Street, 10"' Street and 'T" Street prior to the opening of the proposed grocery store to establish an existing traffic volume basis. 27. At a date three months after the opening day of the grocery store and also at a date six months after the opening day of the grocery store, the Public Works Traffic Engineer shall analyze the traffic operations of the driveways on Pershing Street; the Pershing, 10th, 11th and "T" Streets' traffic and their respective intersections. If controls are needed, the Public Works Traffic Engineer shall have right turn traffic diverters ("pork chop") installed at the driveways, and/or mini-traffic circle diverters at the intersections. September 10,2001 O;~GINAL Exhibit "A" ZC P01-0539 Conditions Page 4 SITE PLAN COMPLIANCE LIST The follawing are specific items that the Site Plan Review Committee has noted that you need to resolve before you can obtain a building permit or be allowed occupancy. These items may include changes or additions that need to be shown on the final building plans, alert you to specific fees, and/or are comments that will help you in complying with the City's development standards. The item will note when it is to be completed and each has been grouped by department so that you know who to contact if you have questions. A. DEVELOPMENT SERVICES- BUILDING (staff contact- Phil Burns 661/326-3718) The applicant shall submit 4 copies of grading plans and 2 copies of the preliminary soils report to the Building Division. You must submit a final soils report to the Building Division before they can issue a building permit. The applicant shall include fire resistive wall construction details with the final building plans for all exterior walls of any building that are within 20' of property lines if it is commercial, or 5' of property lines if it is residential. The applicant shall obtain all required approvals from the Kern County Environmental Health Services Department (2700 "M" Street, Bakersfield, CA; Ph. 661/862-8700) for any food handling facility, (ie. market, delicatessen, caf6, concession, restaurant) before building permits can be issued. Structures exceeding 10,000 square feet in area shall require installation of an automatic fire sprinkler system. The Building Division will calculate and collect the appropriate school district impact fee at the time they issue a building permit. B. DEVELOPMENT SERVICES - PLANNING (staff contact - Wayne Lawson 661/326-3245) The minimum parking required for this project has been computed based on use and shall be as follows: Use SQuare Footaae Parking Ratio Parkina ReQuired Grocery Store Fueling Station w/drive up islands 53,910 sq. ft. 1 space/300 sq. ft. 180 spaces 25 sq. ft. 1space/500 sq. ft. 0 soaces Total Required 180 spaces (Note: 155 parking spaces are shown on the proposed site plan. Credit is given for 2 spaces for each fuel pump, for a total 6 spaces. Compact spaces do not count towards S:tZoneChangetZC pOl-O539texA.wpd September 10,2001 OH!GINAL Exhibit "A" ZC P01-0539 Conditions Page 5 the parking requirement.) The applicant shall include a copy of a final landscape plan with each set of the final building plans submitted to the Building Division. In addition, one (1) copy of the landscape plan shall also be submitted to the Planning Division. Building permits will not be issued until the Planning Division has approved the final landscape plan for consistency with approved site plans and minimum ordinance standards (please refer to the attached standards - Chapter 17.61 ). Please be advised that these landscaping standards create four (4) categories of trees and each category has its own separate set of spacing, evergreen-to-deciduous ratios, location, and pedormance standards. These categories are: Street frontage trees Parking lot (shade trees) Shade/ac. cent trees at building entrances Trees that buffer adjacent residential areas Approved landscaping, parking, lighting, and other related site improvements shall be installed and inspected by the Planning Division before final occupancy of any building or site. Please schedule final inspections with the staff contact noted above. (NOTE: Plants must match the species identified and be installed in the locations consistent with the approved landscape plan. Otherwise, changes made without prior approval of the Planning staff may result in the removal and/or relocation of Installed plant materials and delays in obtaining building occupancy.) Our records show your project is contained on more than one parcel. You must merge these parcels into one parcel. The applicant shall file with the Planning Division before any building permits are issued a copy of a recorded map or other instrument that ensures that drive aisles, parking, and access is legally shared in common with adjoining properties as depicted on the site plan for the life of the project. Rooftop areas of commercial buildings (eg. office, retail, restaurant, assembly, hotel, hospital, church, school) shall be completely screened by parapets or other finished architectural features constructed to a height of the highest equipment, unfinished structural element or unfinished architectural feature of the building. C. FIRE DEPARTMENT (staff contact - Dave Weirather 6611326-3706) The demand on the water system serving this building may exceed the water capacity at the site. The existing water mains shall be replaced with minimum 8 inch water mains. 2. Show on the final building plans the following items: a. All fire lanes as indicated on the returned plans, or as they may be modified S:~Zo~Change~.C pO~-OS~xA.wpd ~ ~H~GINAL Exhibit "A" ZC P01-0539 Conditions Page 6 Fire Department. Spacing between each sign identifying the fire lane must also be shown on the final plan that meets minimum city standards. The applicant shall install all required fire lane signs before occupancy of any building or portion of any building is allowed. Both offsite (nearest to site) and on-site fire hydrants with required fire flows. New fire hydrants shall be sited and installed in accordance with the latest adopted version of the California Fire Code. Hydrants must be in working order to assure that adequate fire protection is available during construction unless other arrangements for such protection are approved by the Fire Department. Please provide 2 sets of the engineered water plans to Dave Weirather, (Note: All new fire hydrants must be purchased from the Fire Department.) If the project has fire sprinkler or stand pipe systems. The Fire Department will issue guidelines for connection locations (FDC) when automatic sprinkler and stand pipe systems are required. Project address, including suite number if applicable. If the project is within a shopping or business center, note the name and address of the center. e. Name and phone number of the appropriate contact person. The applicant must request an inspection of any underground sprinkler feeds at least 24 hours before they are buried. The Fire Safety Control Division (1715 Chester Avenue, Suite 300, Bakersfield, CA; Ph. 661/326-3951 ) must complete all on-site inspections of fire sprinkler systems and fire alarm systems before any building is occupied. The applicant shall show on the final building plans a 20' wide all-weather emergency access as indicated by staff on the returned site plan. The Fire Department must approve the final location and design of this access prior to building permits being issued. This access shall be constructed before building occupancy will be granted. Ail access (permanent and temporary) to and around any building under construction must be at least 20 feet wide, contain no vehicle obstructions, and be graded to prevent water ponding. Barricades must be in place where ditches and barriers exist in or cross roadways. Emergency vehicle access must always be reliable. The applicant shall obtain all necessary approvals from the Fire Department for fuel tanks or related facilities before they are installed on the site. Please contact the Environmental Services Division at 661/326-3979 for further information. If you handle hazardous materials or hazardous waste on the site, the Environmental Services Division may require a hazardous material management plan before you can begin operations. Please contact them at 661/326-3979 for further information. 8. If you treat hazardous waste on the site, the Environmental Services Division may require a hazardous waste "Tiered" permit before you can begin operations. P ease contact S:tZoneChangetZC pol.0539~exA.wpd September 10,2001 7~ .~INAL Exhibit "A" ZC P01-0539 Conditions Page 7 at 661/326-3979 for further information. If you store hazardous materials on the site in either an underground or a permanent aboveground storage tank, a permit from the Environmental Services Division is required to install and operate these tanks. The Environmental Services Division may also require a Spill Prevention Control and Countermeasure Plan before you can begin operations. Please contact them at 661/326-3979 for further information. D. PUBLIC WORKS - ENGINEERING (staff contact -Janice Horcasitas 661/326-3576) At the locations to be determined by the City Engineer, the applicant shall reconstruct curbs, gutters, cross gutters, 5.5 foot sidewalks, and street paving along Pershing Street and California Avenue according to adopted city standards, and on Union Avenue according to adopted City and Cai Trans standards. These improvements shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. The applicant shall install 5 new street lights along California Avenue, Pershing Street and Union Avenue and shall upgrade 1 existing street light on Pershing Street to approved City standards, as shown by staff on the returned site plan. The applicant shall be responsible for providing the labor and materials necessary to energize all newly installed street lights before occupancy of the building or site. These improvements shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. The applicant shall construct standard handicap ramps at all entrances and street corners of the project site according to adopted city standards. These improvements shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. 5. Show on the final building plans all existing connection(s) to the public sewer system. All driveways, vehicular access and parking areas shall be paved with a minimum of 2" Type B, A.C. over 3" Class II A.B. according to the Bakersfield Municipal Code (Sections 15.76.020 & 17.58.050 N.) and the adopted standards of the City Engineer. This paving standard shall be noted on the final building plans submitted to the Building Division before any building permits will be issued. A grading plan is required by the Building Division, building permits will not be issued until the grading plan is approved by both the Public Works Department and Building Division. If the project generates industrial waste, it shall be subject to the requirements of the Industrial Waste Ordinance. You must obtain an industrial waste permit from the Public Works Department before issuance of the building permit. To find out what type of waste is considered industrial, please contact the waste water treatment superintendent at 661/326-3249. 9. Before you can occupy any building or site, you must reconstruct or repair substan~rd ' ~ S:[ZoneChange~ZC pO 1-05391exA. wpd ~--r~ September 10,2001 ~'7~ ~" ~;~GINAL Exhibit "A" ZC P01-O539 Conditions Page 8 off-site improvements to adopted city standards as directed by the City Engineer. Please call the construction superintendent at 661/326-3049 to schedule a site inspection to find out what improvements may be required. 10. You must obtain a street permit from the Public Works Department before any work can be done within the public right-of-way (streets, alleys, easements). Please include a copy of this site plan review decision to the department at the time you apply for this permit. 11. A sewer connection fee shall be paid at the time a building permit is issued. We will base this fee at the rate in effect at the time a building permit is issued. 13. A transportation impact fee for regional facilities shall be paid at the time a building permit is issued. Either the Public Works Department will calculate an estimate of the total fee when construction plans are submitted for the project, with the fee based at the rate in effect at the time the permit is issued or the applicant may provide a traffic study for the review and approval of the City Engineer, with the fee based on the approved traffic study for the project. 14. The applicant shall provide engineered improvement plans for all street improvements. 15. Any and ail cross gutters allowed shall be built to approved City standards at 12 foot widths. 16. The applicant shall show all entrances on the final site plan for the area shown as "not a part." E. PUBLIC WORKS - TRAFFIC (staff contact - George Gillburg 661/326-3997) Street return type approach(es), if used, shall have 20' minimum radius returns with a 30 foot and 40 foot throat width. All dimensions shall be shown on the final building plans. Access on Union Avenue (SR 204) shall require CalTrans approval. This requirement shall be indicated on your final plans. It is suggested that the entrance on Union Avenue be redesigned to provide a more straight in/out access as shown on the approved site plan. F. PUBLIC WORKS - SOLID WASTE (staff contact - John Wilburn 661/326-3114) You must contact the staff person noted above before building permits can be issued or work begins on the property to establish the level and type of service necessary for the collection of refuse and/or recycled materials. These levels of service are based on how often collection occurs as follows: · Can or cart service -- · Front loader bin service -- · Roll-off compactor service -- S:tZoneChange[ZC pO1-O539~exA.wpd September 10,2001 1 cubic yard/week or less 1 cubic yard/week - 12 cubic yards/day More than 12 cubic yards/day r?GINAL Exhibit "A" ZC P01-0539 Conditions Page 9 2. Show on the final building plans one (1) compactor roll-off bin location. Facilities that require infectious waste services shall obtain approval for separate infectious waste storage areas from the Kern County Health Department. In no instances shall the refuse bin area be used for infectious waste containment purposes. Facilities that require grease containment must provide a storage location that is separate from the refuse bin location. This shall be shown on the final building plans. Facilities that participate in recycling operations must provide a location that is separate from the refuse containment area. This shall be shown on the final building plans. S:tZoneChangetZC pO1-O539b~xA, wpd September 10,2~01 ORIGINAL 10TH 9TH R-$ CALIFORNIA AVENUE 11TH STREET STREET STREET 8TH STREET R-2 I I C-2 Ro2 R-2 EAST CALIFORNIA AVENUE R-2 EAST 11TH STREET FAST 10TH STRE~ET EAST 9~ STREET R-2 R-2 R-2 EAST 8TH STREET T29S, R28E 70103 Fleming ~ERSHING STREET UNION AVENUE Property Information t 182,600 si Land .4.16 Ac~es t 53~0 si Total Bak~ng 232/1 (30%] Land/B~lciing Rabo 207 StaBs Total Parking Provided 161 ~ ~73~) Stand~d 183 Stalls Total Rark~g RaqJired 3.8 Stallr, fl~0 sf Parking Ratio R-3 CITY OF BAKERSFIELD ZONING MAP 103-31 SEC 31 ~ 29s R 28E LEGENO EXHIBIT D LEGAL DESCRIPTION ALL THAT PORTION OF LOTS 1 THROUGH 9 AND LOTS 12 THROUGH 22 OF CALIFORNIA AVENUE PARK TRACT NO. 2 PER MAP FILED MARCH 30, 1925 IN MAP BK. 3 PAGE 115 IN THE COUNTY RECORDER'S OFFICE BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 31, T. 29 S., R. 28 E., M.D.M. IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 31, AS SND CORNER IS MARKED BY A CONCRETE MONUMENT WITH COPPER PIN, BEING THE CENTERLINE INTERSECTION OF UNION AVENUE AND CALIFORNIA AVENUE; THENCE S 89° 43' 39' W ALONG SND CENTERLINE OF CALIFORNIA AVENUE, 207.68 FEET; THENCE S 00° 16' 21' W, 57.75 FEET TO THE NORTHEAST CORNER OF LOT 12 AND THE TRUE POINT OF BEGINNING; THENCE (1) THENCE (2) THENCE (3) THENCE (4) THENCE (5) THENCE {6) S 00° 12' 14' W ALONG THE EAST LINE OF LOTS 12, 13 AND 14, A DISTANCE OF 140.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 10.45 FEET OF LOT 9; S 89° 43' 41' E ALONG SND SOUTH LINE, 150.01 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF UNION AVENUE; S 00° 12' 00' W ALONG SAID RIGHT OF WAY LINE, 538.56 FEET TO THE SOUTHEAST CORNER OF LOT 1; N 89° 43' 44" W ALONG THE SOUTH LINE OF LOTS 1 AND 22, A DISTANCE OF 300.10 FEET TO THE SOUTHWEST CORNER OF LOT 22 AND THE EAS- RIGHT OF WAY LINE OF PERSHING STREET; N 00° 12' 29" E ALONG SND EAST RIGHT OF WAY LINE, 678.57 FEET TO THE NORTHWEST CORNER OF LOT 12, AND THE SOUTH RIGHT OF WAY LINE OF CALIFORNIA AVENUE; S 89° 43' 39' E ALONG THE NORTH LINE OF LOT 12 AND SAID SOUTH RIGHT OF WAY LINE, 150.00 FEET TO THE TRUE POINT OF BEGINNING. CONTNNS 4.19 ACRES MORE OR LESS. LS. 5880 J EXHIBIT D ~ CALIFORNIA AVE.") FD. MONUMENT-x ~ . , . ' N 89 43 39 W 32' 32' ~_ 9th ST.-/ FD. MONUMENTJ '~ LINE TABLE J LINE BEARING DISTANCE L1 N 00'16'21" E 57.75' JOB NO. LOT 13 LOT 14 389.75' 300.01' 89'43'41 150.01' LOT 9 LOT 15 ~OT 8 LOT 16 LOT 7 LOT 17 PARCEL 1 6 4A9 Iocres LOT lB LOT 5 LOT 19 j LOT 4 J LOT 20 j LOT 3 LOT 21 I LOT 207.68' I I 57.75' I LOT 22 J LOT 1 N 89'4-3'44" ~_ lOth ST. 0 '~' ~FD. MONUktENT N.E. COR. SEC. 31 29/28 NORTH SCALE: 1" ~ 100' PORTER · ROBERTSON ~1 /~7-03~ FAX ~ / 01-1558 ~ DA~: 7/11/01 BOUNDARY PLAT~ ~*'~'% PROPOSED COMMERCIAL % DEVELOPMENT '~)~I{~At HOPPER PROPERTIES .¢ 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 25th day of October, 2001 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4034 , passed by the Bakersfield City Council at a meeting held on the 24th day of October 2001 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AMDN AMENDING SECTION 17.06.020 (ZONE MAP NO. 103-31) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM REGIONAL COMMERCIAL (C-2) TO PLANNED COMMERCIAL DEVELOPMENT (PCD) ZONE ON 4.3 ACRES LOCATED ON THE SOUTHWEST CORNER OF UNION AVENUE AND CALIFORNIA AVENUE (1101 UNION AVENUE ) TO ALLOW THE CONSTRUCTION OF A GROCERY STORE AND GAS FUELING ISLANDS (ZC #P01-0539) /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield O~ G h'~AL