The URL can be used to link to this page

Home My WebLink AboutORD NO 4682ORDINANCE NO. 4682 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONE DISTRICT FROM R -2 /PUD (LIMITED MULTIPLE FAMILY DWELLING /PLANNED UNIT DEVELOPMENT) TO C -2 /PCD (REGIONAL COMMERCIAL /PLANNED COMMERCIAL DEVELOPMENT) ON 9.88 ACRES, LOCATED AT THE NORTHEAST CORNER OF PANAMA LANE AND ASHE ROAD (ZC NO. 11- 0418). 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 petition to change the zoning district of certain properties in the City of Bakersfield located at the northeast corner of Panama Lane and Ashe Road as shown on Exhibit "B "; and WHEREAS, by Resolution No. 04 -12 on March 15, 2012, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code regarding Zone Change No. 1 1 -0418 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 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 changes in zoning of the subject property from R -2 /PUD (Limited Multiple Family Dwelling /Planned Unit Development) to C -2 /PCD (Regional Commercial /Planned Commercial Development) on 9.88 acres, and this Council has considered said findings and all are true and correct; and WHEREAS, 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; and WHEREAS, a Negative Declaration with mitigation was advertised and posted on February 22, 2012, in accordance with CEQA; and WHEREAS, the general plan designation for this area, with prior approval of General Plan Amendment No. 1 1 -0418, allows commercial development on the 9.88 acre project site; and WHEREAS, the City Council has considered and hereby makes the following findings: All required public notices have been given. Page 1 of 3 O� � A KF9cJ' y � f Fn- 0 p ORIGINAL as follows: 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 with CEQA. 4. The proposed project is consistent with surrounding land 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" SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield 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 is hereby amended by changing the zoning district boundaries which are 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 approved subject to the "Mitigation Measures & Conditions of Approval" listed in attached Exhibit "A" and subject to approval of GPA No. 1 1 -0418. 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--- - - - - -- gAKF Page 2 of 3 V O OIPI(�!KIAL 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 'JUN 0 6 2012 , by the following vote: V AY ✓ ✓ ✓ ✓ -&.-- COUNCILMEMBER SALAS BENHAM, WEIR COUCH HANSON SULLIVAN JOHNSON NOES: COUNCILMEMBER f) ilrQZ ABSTAIN: COUNCILMEMBER f zr%a ABSENT: COUNCILMEMBER i)DN9-- ROBERTA GAFFORD, e#C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Allprney 0 D*L*A(AIN WV" Exhibits: A - Mitigation Mrea ures & Conditions of Approval B - Zone Change Location Map C - Zone Change Legal Description o`` g AhF'9s Page 3 of 3 T +_- m U � ORIGINAL EXHIBIT A MITIGATION MEASURES & CONDITIONS OF APPROVAL e Ak, 9s y -n EXHIBIT A MITIGATION MEASURES & CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT /ZONE CHANGE NO. 11 -0418 Air Qualitv and Green House Gas Mitigation Measures 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. Bioloaical Impact Mitigation Measures 2. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for burrowing owls, 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 recommended 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 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. Mitigation for potentially significant biological resource impact. 3. 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. 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 current MBHCP expires in year 2014. Projects may be issued an urban development permit, grading plan approval, or building permit and pay fees N U O ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 11-0418 Page 2 prior to the 2014 expiration date under the current MBHCP. As determined by the City of Bakersfield, only projects ready to be issued an urban development permit, grading plan approval or building permit) before the 2014 expiration date will be eligible to pay fees under the current MBHCP. Early payment or pre- payment of MBHCP fees shall not be allowed. The ability of the City to issue urban development permits is governed by the terms of the MBHCP. Urban development permits issued after the 2014 expiration date may be subject to a new or revised Habitat Conservation Plan, if approved, or be required to comply directly with requests of the U.S. Fish and Wildlife Agency and the California Fish and Game Department. Mitigation for potentially significant biological resource impact. Cultural Impact Mitigation Measures 4. 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. Mitigation for cultural impacts. 5. 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 dates) 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. Mitigation for cultural impacts. �gAKF9 O c� f-- m U r'j QR1r31N1A[_ Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 11 -0418 Page 3 Public Works 6. 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 the existing right turn deceleration lane in Ashe Road into Sunrise Crest Street (of Tract 6776). 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. b. Submit a revised drainage study to be reviewed and approved by the City Engineer to reflect the development under the new land use and zoning. Any modification to the existing drainage system to be reviewed and approved by the City Engineer. c. 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. d. The project applicant shall provide the City of Bakersfield with a phasing plan of the onsite development if applicable. 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 7. 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. 8. Payment of the proportionate share of the Ashe Road Panned Bridge and Major Thoroughfare area per Resolution 67 -89 prior to recordation of any map or approval of any improvement plan for the GPA /ZC area. For orderly development. 9. Prior to the issuance of building permits, the project applicant shall participate in the RTIF program by paying the adopted commercial and residential unit fees in o`I;bAKF�� s v o ORIGINA! Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 11-0418 Page 4 place for the various land use types at time of development. Mitigation for Traffic Impacts. PLANNING DEPARTMENT: 10. Upon approval of this GPA request, the Applicant /property owner (and successor owners) shall relinquish and void all rights and entitlements to all previously approved tentative subdivisions (Tentative Tract Map # 6776). Mitigation for orderly development. Traffic Imcact Mitigation Measures 11. The proposed project's proportional share of traffic mitigation for intersections has been determined as the ratio of the project's added peak hour traffic to the total projected future increases in traffic volumes until the year 2015. The table below indicates the project's pro -rata share of necessary improvements and mitigation. Table 6: Intersection Improvements /Mitigation /Pro -Rata Share Intersection /Mitigation Total Project Year Year Improvements Traffic @ 2015 2035 Not Covered Year 2015 Future Future by RTIF Traffic + Traffic + Project Project PHV %1,2 PHV PHV White Ln & Ashe Rd - AM Peak 2015: No improvements required for 7 0.10% 4678 7017 - future 2015 traffic increases 2015 + Proj: No mitigation required due to addition of proj. traffic White Ln & Ashe Rd - PM Peak 2015: No improvements required for 14 0.16% 5890 8931 - future 2015 traffic increases 2015 + Proj: No mitigation required due to addition of project traffic District Blvd & Ashe Rd - AM Peak 2015: No improvements required for 13 0.28% 2787 4598 - future 2015 traffic increases 2015 + Proj: No mitigation required due to addition of project traffic o� � A KF9s �-- m U p ORIGINAL. Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 11-0418 Page 5 District Blvd & Ashe Rd - PM Peak 2015: No improvements required for 29 0.53% 3154 5476 - future 2015 traffic increases 2015 + Proj: No mitigation required due to addition of project traffic. Harris Rd & Reliance Dr- AM Peak 3 22 1.60% 1194 1376 - 2015: No improvements required for future 2015 traffic increases 2015 + Proj: No mitigation required due to addition of project traffic. Warrant Satisfied: 3 Harris Rd & Reliance Dr - PM Peak 3 87 6.14% 1188 1417 - 2015: No improvements required for future 2015 traffic increases 2015 + Proj: No mitigation required due to addition of project traffic. Warrant Satisfied: 3 Harris Rd & Ashe Rd - AM Peak 2015: No improvements required for 54 1.26% 2062 4292 - future 2015 traffic increases 2015 + Proj: No mitigation required due to addition of project traffic. Harris Rd & Ashe Rd - PM Peak 2015: No improvements required for 183 3.16% 2821 5792 - future 2015 traffic increases 2015 + Proj: No mitigation required due to addition of project traffic. Harris Rd & Stine Rd - AM Peak 2015: No improvements required for 7 0.30% 1977 2313 - future 2015 traffic increases 2015 + Proj: No mitigation required due to addition of project traffic. Harris Rd & Stine Rd -PM Peak 2015: No improvements required for 33 1.31% 2236 2528 - future 2015 traffic increases 2015 + Proj: No mitigation required due to addition of project traffic. Project Entrance # 1 & Ashe Rd- AM Peak, 99 7.20% 1000 1375 - A 3,4 as 0 a ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 11-0418 Page 6 2015 + Proj: No mitigation required due to addition of project traffic. Warrants Satisfied: None Project Entrance #1 & Ashe Rd- PM Peak- 416 25.24 1396 1648 - 3 44 2015 + Proj: No mitigation required due to addition of project traffic. Warrants Satisfied: 1 & 3 Panama Ln & Gosford Rd - AM Peak 5 10 0.18% 2349 5450 - 2015: No improvements required for future 2015 traffic increases. 2015 + Proj: No mitigation required due to addition of project traffic. Panama Ln & Gosford Rd -PM Peak 5 66 1.01% 2677 6536 - 2015: Add 1 ET & 1 WT. 2015 + Proj: No mitigation required due to addition of project traffic. Panama Ln & Reliance Dr - AM Peak 5 22 0.45% 1952 4891 - 2015: Provide Signal - Warrants Satisfied: 1 &3. 2015 + Proj.: No mitigation required due to addition of project traffic. Panama Ln & Reliance Dr - PM Peak 5 2015: No improvements required for 140 2.33% 2368 6007 - future 2015 traffic increases. 2015 + Proj.: Provide Signal - Warrant Satisfied: 3 Panama Ln & Ashe Rd - AM Peak 5 32 0.61% 2810 5225 - 2015: Add 1 ET. 2015 + Proj.: No mitigation required due to addition of project traffic. Panama Ln & Ashe Rd - PM Peak 5 168 2.62% 3362 6403 - 2015: Add 1 ET. 2015+ Proj.: No mitigation required due to addition of project traffic. � g AKF9 o CI �-- m U tJ ORIGINAL. Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 11 -0418 Page 7 Panama Ln & Project Entrance #2 - AM 74 1.78% 2217 4151 - Peak 4 2015 + Proj: No mitigation required due to addition of project traffic. Warrants Satisfied: None Panama Ln & Project Entrance #2 - PM 360 7.04% 2833 5116 - Peak 4 2015 + Proj: No mitigation required due to addition of project traffic. Warrants Satisfied: 1 & 3 Panama Ln & Golden Gate DR - AM 32 0.99% 1667 3238 - Peak 2015: No improvements required for future 2015 traffic increases. 2015 + Proj: No mitigation required due to addition of project traffic. Warrants Satisfied: None Panama Ln & Golden Gate DR - PM Peak 122 2.35% 2715 5194 - 2015: No improvements required for future 2015 traffic increases. 2015 + Proj: No mitigation required due to addition of project traffic. Warrants Satisfied: None Panama Ln & Stine Rd - AM Peak 2015 No improvements required for future 19 0.31% 3650 6172 - 2015 traffic increases. 2015 + Proj: No mitigation required due to addition of project traffic. Panama Ln & Stine Rd - PM Peak 2015 No improvements required for future 68 0.88% 4565 7714 - 2015 traffic increases. 2015 + Proj: No mitigation required due to addition of project traffic. o�gAK�c9 Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 11-0418 Page 8 Berkshire Rd & Ashe Rd - AM Peak 3,5 5 0.47% 653 1075 - 2015: no improvements required for future 2015 traffic increases. 2015 + Proj: No mitigation required due to addition of project traffic. Warrants Satisfied: None Berkshire Rd & Ashe Rd - PM Peak 3,5 2015: No improvements required for 9 0.93% 575 967 - future 2015 traffic increases. 2015 + Proj: No mitigation required due to addition of project traffic. Warrants Satisfied: None Notes: PHV = Peak Hour Volume; NL = Northbound Left Lane; NT = Northbound Through Lane; NR = Northbound Right Lane; EL = Eastbound Left Lane; ET = Eastbound Through Lane; ER = Eastbound Right Lane; SL = Southbound Left Lane; ST = Southbound Through Lane; SR= Southbound Right Lane; WL = Westbound Left Lane; WT= Westbound Through Lane; WR = Westbound Right Lane; LOS = Level of Service; Byd Std. = Beyond City of Bakersfield Standard Detail T -4; RTIF = Regional Transportation Impact Fee, s /v= seconds per vehicle in delay 1. Percentages Based on COB Formula 6.2.2.12f: Project Volume /(TIF Buildout Year Volume) 2. Project percentage of future traffic is shown in this column regardless of mitigation requirements. 3. Percentage share at this intersection is based on the project's contribution to the minimum threshold for signalization at this intersection (I 280vph for 1 lane by 1 lane Approaches, 1440vph for 2 lane by 1 lane Approaches, and 1600vph for 2 lane by 2 lane Approaches). 4. Project created intersection. Developer shall be responsible for improvements related to the project's frontage along this intersection. 5. Improvements to this intersection are include in the Phase IV Metropolitan Bakersfield Regional Transportation Impact Fee Program and therefore paid for by project's contribution to that fee program. City Attorney 12. 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 a� 6A /Q, rJ O Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 11 -0418 Page 9 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 proceeding, 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. p,AK,c ORIGI p� i EXHIBIT B ZONE CHANGE LOCATION MAP -n IJ � 1 Kol r r W 0 Z Q U W Z O N � J L—zj HO SJNIadS ad03: 80 N3l9 ONIadS Q } 10 3WI1JNIadS � 1S lIWWf1S JNIadS F- 3 z D 0 U d' W w LU w z 0 Q a W 2 3AV C]VOINIal v � r ° UX ¢O Z U z ai GPNPk- GP�PGPSPJ� PRJ1N SpN OEG��P�\ON �7 N J N Q r N W a x 0 1= N 0a 3HSV aO N33a0 AMVH o � Q Q Y W N U N Q N Q 0 Q LL 2 U � fn Z 'r 0 U � 3nV MOOV3W X08 co a 1 NV3d Of10 0 O Qv �a a� �U 0 Q Z N 0 LU LU 0 o w F— N Y U N Z Y LL O W H a F- SONIadS L LL Q 3AV 113Md330 0 o w N �o N Z N LL O M H 0 z J z a U�U� 1s 0 IVS z ° o O oLU no F 0 L W a z U a0l�veoo N C P T m r U - ,oa.a�i vrlL EXHIBIT C ZONE CHANGE LEGAL DESCRIPTION c� r. Q �F?ir;lnlal EXHIBIT "A" ZONE CHANGE LEGAL DESCRIPTION ALL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED A FOLLOWS: C -2 PCD (FROM R -2 PUD) COMMENCING AT A CONCRETE MONUMENT WITH BRASS CAP MARKED "LS 2263" IN A LAMPHOLE, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SAID SECTION AND THE CENTERLINE INTERSECTION OF ASHE ROAD AND PANAMA LANE; THENCE NORTH 00 °48'56" EAST, ALONG THE WEST LINE OF SAID SOUTHWEST CORNER AND SAID CENTERLINE OF ASHE ROAD, A DISTANCE OF 89.89 FEET; THENCE DEPARTING SAID WEST LINE AND SAID CENTERLINE AT RIGHT ANGLES, SOUTH 89 011'04" EAST, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE EASTERLY RIGHT -OF -WAY LINE OF ASHE ROAD; THENCE ALONG THE FOLLOWING TWENTY -FIVE (25) COURSES: 1) NORTH 00 °48'56° EAST, ALONG SAID EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 300.09 FEET; THENCE 2) NORTH 00 °03'09" WEST, CONTINUING ALONG SAID EASTERLY RIGHT -OF- WAY LINE, A DISTANCE OF 210.65 FEET; THENCE 3) NORTH 06 °00'57" EAST, CONTINUING ALONG SAID EASTERLY RIGHT -OF- WAY LINE, A DISTANCE OF 90.37 FEET; THENCE 4) NORTH 00 °48'56" EAST, CONTINUING ALONG SAID EASTERLY RIGHT -OF- WAY LINE, A DISTANCE OF 45.00 FEET; THENCE 5) DEPARTING SAID EASTERLY RIGHT -OF -WAY LINE AT RIGHT ANGLES, SOUTH 89 011'04" EAST, A DISTANCE OF 116.65 FEET; THENCE 6) NORTH 89 035'47" EAST, A DISTANCE OF 47.79 FEET; THENCE 7) NORTH 87 006'44" EAST, A DISTANCE OF 49.58 FEET; THENCE 8) NORTH 84 °34'56" EAST, A DISTANCE OF 49.58 FEET; THENCE 9) NORTH 82 003'08" EAST, A DISTANCE OF 49.58 FEET; THENCE 10) NORTH 79 °31'20" EAST, A DISTANCE OF 49.58 FEET; THENCE 11) NORTH 76 °59'32" EAST, A DISTANCE OF 49.58 FEET; THENCE 12) NORTH 74 °27'44" EAST, A DISTANCE OF 49.58 FEET; THENCE 13) NORTH 72 °59'26" EAST, A DISTANCE OF 8.10 FEET; THENCE 14) SOUTH 19 °28'43" EAST, A DISTANCE OF 217.96 FEET; THENCE 15) SOUTH 23 °47'32" EAST, A DISTANCE OF 380.48 FEET; THENCE 16) SOUTH 20 043'42" EAST, A DISTANCE OF 39.55 FEET; THENCE 17) SOUTH 14 °16'12" EAST, A DISTANCE OF 43.82 FEET; THENCE 18) SOUTH 07 °28'52" EAST, A DISTANCE OF 43.82 FEET; THENCE 19) SOUTH 00 °16'31" EAST, A DISTANCE OF 49.19 FEET; THENCE 20) SOUTH 03 032'09" WEST, A DISTANCE OF 16.64 FEET TO THE NORTHERLY RIGHT -OF -WAY LINE OF PANAMA LANE, SAID POINT ALSO BEING THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 2055.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 03 001'37" WEST; THENCE P: \PROJECTS \11051 - JEC PANAMA - GPA ZC \LEGALS \11051ZC.D0C PAGE 1 OF 2 �AKtr� w- m EXHIBIT "A" ZONE CHANGE LEGAL DESCRIPTION (CONTINUED) 21)WESTERLY ALONG SAID CURVE AND SAID NORTHERLY RIGHT -OF -WAY LINE, THROUGH A CENTRAL ANGLE OF 02 °06'28 ", AN ARC DISTANCE OF 75.60 FEET; THENCE 22) NORTH 88 °12'46" WEST, CONTINUING ALONG SAID NORTHERLY RIGHT - OF -WAY LINE, A DISTANCE OF 330.03 FEET; THENCE 23) NORTH 84 °19'00" WEST, CONTINUING ALONG SAID NORTHERLY RIGHT - OF -WAY LINE, A DISTANCE OF 120.43 FEET; THENCE 24) NORTH 89 °04'51" WEST, CONTINUING ALONG SAID NORTHERLY RIGHT - OF -WAY LINE, A DISTANCE OF 190.15 FEET; THENCE 25) NORTH 44 °07'38" WEST, CONTINUING ALONG SAID NORTHERLY RIGHT - OF -WAY LINE, A DISTANCE OF 28.33 FEET TO THE POINT OF BEGINNING. CONTAINING 9.88 NET ACRES, MORE OR LESS. c�_ \b-eL-00-\\ JEFFREY L. M TIN DATE L.S. 5798 EXPIRES 6 -30 -12 ?5,0 1.AN D S�gGF MCINTOSH,-, j� JEFFREY L MARTIN 93 , 0.1 A * EXP t 1k, �LMS w LS 5798 ^�\� 661 - 834 -4814 • 661 - 834 -0972 2001 Wheelan Court • Bakersfield, CA 93309 o ��r � r- PAPROJECTS \11051 - JEC Panama - GPA ZC \Legals \11051ZC.doc AM /JM 10/28/2011 Page 2 of 2 rD AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) ROBERTA GAFFORD, 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 8th day of June, 2012 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4682, passed by the Bakersfield City Council at a meeting held on the 6th day of June. 2012 and entitled: AN ORDINANCE ADOPTING ENTEEN OF THE BAKERSFIELDAMUO AMENDING TITLE SE MUNICIPAL CODE BY CHANGING THE ZONE DISTRICT FROM R -2 /PUD (LIMITED MULTIPLE FAMILY DWELLING/PLANNED COMMERC AL /PLANNED OP 2 /PCD (REGIONAL COMMERCIAL DEVELOPMENT) ON 9.88 ACRES, LOCATED AT TH NE AND ASHE ROAD (ZC NOE1 NORTHEAST CORNER OF PANAMA LA ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield B' DE UTY City lerk S ADOC U M ENIIFORM S\A0P.ORD.wpd