HomeMy WebLinkAboutRES NO 206-05
RESOLUTION NO.
206-=0-5
RESOLUTION MAKING FINDINGS, ADOPTING THE
NEGATIVE DECLARATION AND APPROVING GENERAL
PLAN AMENDMENT NO. 05-0338, AN AMENDMENT TO
THE LAND USE ELEMENT OF THE METROPOLITAN
BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED
ON THE SOUTH SIDE OF SNOW ROAD (FUTURE)
BETWEEN ALLEN ROAD AND RENFRO ROAD (FUTURE).
WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the
provisions of Section 65353 of the Government Code, held a public hearing on Monday, June
13,2005, and on Thursday, June 16, 2005, on General Plan Amendment No. 05-0338, notice
of the time and place of hearing having been given at least twenty (20) calendar days before
said hearing by publication in The Bakersfield Californian, a local newspaper of general
circulation; and
WHEREAS, General Plan Amendment No. 05-0338, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 05-0338:
Marino/Associates for King-Gardiner Farms LLC, Sure Foundation Baptist Church,
and Vivian Price applied to amend the Land Use Element of the Metropolitan
Bakersfield General Plan consisting of a change from R-IA (Resource - Intensive
Agriculture) to LR (Low Density Residential) on 80 acres. The project site is
generally located on the south side of Snow Road (future) between Allen Road and
Renfro Road (future); and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 05-0338
and it was determined that the proposed project would not have a significant effect on the
environment; therefore, a Negative Declaration was prepared in accordance with the California
Environmental Quality Act (CEQA); and
WHEREAS, by Resolution No. 79-05 on June 16, 2005, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 05-0338 subject to
mitigation and conditions of approval listed in Exhibit "A" and this Council has fully considered
the findings made by the Planning Commission as set forth in that Resolution and as restated
herein; and
WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of
Section 65355 of the Government Code, conducted and held a public hearing on Wednesday,
September 7, 2005, on General Plan Amendment No. 05-0338, notice oftime and place ofthe
hearing having been given at least ten (10) calendar days before the hearing by publication in
the The Bakersfield Californian, a local newspaper of general circulation; and
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WHEREAS, the Council has considered and hereby makes the following findings:
1. The above recitals and findings are true and correct.
2. The Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 79-05, adopted on June 16,
2005:
a. All required public notices have been provided.
b. The provisions of CEQA have been met.
c. Based upon the Initial Study and comments received, staff has
determined that the proposed project could not have a significant effect
on the environment. A Negative Declaration was prepared for the project
in accordance with CEQA.
d. The public necessity, general welfare and good planning practices justify
the amendment to the Land Use Element of the Metropolitan Bakersfield
General Plan.
e. The land use designation change from R-IA (Resource - Intensive
Agriculture) to LR (Low Density Residential) on 80 acres is compatible
with the land use designations of surrounding properties and are
internally consistent with the Metropolitan Bakersfield General Plan.
f. 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.
3. That the applicant by prior written agreement agreed to comply with all adopted
mitigation measures contained within the Negative Declaration.
4. That the infrastructure exists or can easily be provided to accommodate the
types of density and intensity of the development.
NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE
CITY OF BAKERSFIELD as follows:
1. The above recitals and findings incorporated herein are true and correct.
2. The Negative Declaration for General Plan Amendment No. 05-0338 is hereby
approved and adopted.
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3. The report of the Planning Commission, including maps and all reports and
papers relevant thereto, transmitted by the Secretary of the Planning
Commission to the City Council, is hereby received, accepted and approved.
4. The City Council hereby approves and adopts General Plan Amendment No. 05-
0338, constituting changes as shown on the map marked Exhibit "B", attached
hereto and incorporated as though fully set forth, for property generally located
on the south side of Snow Road (future) between Allen Road and Renfro Road
(future), subject to mitigation and conditions of approval listed in Exhibit "A".
5. Based on the absence of evidence in the record as required by Section 21082.2
of the State of California Public Resources Code (CEQA) for the purposes of
documenting significant effects, it is the conclusion of the Lead Agency that this
project will result in impacts that fall below the threshold of significance with
regard to wildlife resources and, therefore must be granted a "de minim us"
exemption in accordance with Section 711 of the State Resources Code.
Additionally the assumption of adverse effect is rebutted by the above-
referenced absence of evidence in the record and the lead agency's decision to
prepare a Negative Declaration.
6. Based on the absence of evidence in the record as required by Section 21082.2
of the State of California Public Resources Code (CEQA) for the purpose of
documenting significant effects, it is the conclusion of the Lead Agency that this
project will result in impacts that fall below the threshold of significance with
regard to wildlife resources and, therefore, must be granted a "de minimis"
exemption in accordance with Section 711 of the Sate of California Fish and
Game Code. Additionally, the assumption of adverse effect is rebutted by the
above-reference absence of evidence in the record and the Lead Agency's
decision to prepare a Negative Declaration for this project.
7. That General Plan Amendment No. 05-0338, approved herein, be combined
with other approved General Plan Amendment cases in this same cycle
described in separate resolutions, to form a single Amendment to the
Metropolitan Bakersfield General Plan.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on SEP 7 2DlJ5
by the following vote:
(AYE&>
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER(1;y.>.<."" Ai~~ I .µú~, ~ \ t~~ I ~"'^" 2:"'~\
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
C1wuk
PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio lerk of the
Council of the City of Bakersfield
APPROVED SEP 7 2005
HARVEY . HALL
MAYOR of the City of Bakersfi
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: ¡êðót.d. 7Y!o' ~
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
PH - S:IGPA 2nd 2005105-0338\Resolutions\CC GPA Resolution.doc
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EXHIBIT A
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 05-0338
Aqricultural Resources:
1. Prior to the recordation of a subdivision map creating parcels less than twenty acres in
size or the issuance of a building permit for any urban or non-agricultural uses on
Assessor Parcel Numbers 529-011-04, 529-011-05, or 529-011-06, the
applicant/developer shall provide proof to the City of Bakersfield Planning Department
that the required Williamson Act Land Use Contract cancellation fee of $443,175, as
calculated by the Kern County Assessor's Office, has been paid to the Kern County
Treasurer.
Air Qualitv:
2. To ensure that Project emissions are minimized, the applicant is proposing a number of
mitigation measures. The following measures have either been applied to the Project
through the URBEMIS 7.5.0 Model or will be implemented in conjunction with the San
Joaquin Valley Air Pollution Control District (SJVAPCD) rules. Therefore, the
applicant/developer of the Project site shall submit documentation to the City of
Bakersfield Planning Department prior to issuance of any building permit that they
will/have met the following air quality mitigation measures:
a. PM10 Mitigation Measures
As the Project will be completed in compliance with SJVAPCD Regulation VIII,
dust control measures will be taken to ensure compliance specifically during
grading and construction phases. Compliance with the following mitigation
measures will be required:
i. Water previously disturbed exposed surfaces (soil) a minimum of three-
times/day or whenever visible dust is capable of drifting from the site or
approaches 20% opacity.
ii. Water all haul roads (unpaved) a minimum of three-times/day or whenever
visible dust from such roads is capable of drifting from the site or
approaches 20% opacity.
iii. Reduce speed on unpaved roads to less than 15 miles per hour.
iv. Install and maintain a trackout control device that meets the specifications
of SJV APCD Rule 8041 if the site exceeds 150 vehicle trips per day or
more than 20 vehicle trips per day by vehicle with three or more axles.
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Exhibit A
GPAlZC No. 05-0338
Mitigation/Conditions of Approval
v. Stabilize all disturbed areas, including storage piles, which are not being
actively utilized for construction purposes using water, chemical stabilizers
or by covering with a tarp, other suitable cover or vegetative ground cover.
vi. Control fugitive dust emissions during land clearing, grubbing, scraping,
excavation, leveling, grading, or cut and fill operations with application of
water or by presoaking.
vii. When transporting materials offsite, maintain a freeboard limit of at least 6
inches and cover or effectively wet to limit visible dust emissions.
viii. Limit and remove the accumulation of mud and/or dirt from adjacent public
roadways at the end of each workday. (Use of dry rotary brushes is
prohibited except when preceded or accompanied by sufficient wetting to
limit visible dust emissions and use of blowers is expressly forbidden).
ix. Stabilize the surface of storage piles following the addition or removal of
materials using water or chemical stabilizer/suppressants.
x. Remove visible track-out from the site at the end of each workday.
xi. Cease grading activities during periods of high winds (greater than 20 mph
over a one-hour period).
xii. Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and
restrict use of cutback, slow-cure and emulsified asphalt paving materials.
xiii. Grading should be conducted in phases.
xiv. Project site shall not be cleared of existing vegetation cover until required
by construction.
xv. The Project developer shall revegetate graded areas as soon as it is
feasible after construction is completed.
xvi. The construction contractor shall submit a Dust Control Plan to the APCD
at least 30 days prior to the start of the any construction activity.
Page 2 of 11
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Exhibit A
GPNZC No. 05-0338
Mitigation/Conditions of Approval
xvii. Construction contractor shall provide written notification to the APCD
within 10 days prior to the commencement of earthmoving activities via fax
or mail.
xviii. Upon evidence of trespass, prevent unauthorized vehicles access by
posting "No Trespassing" signs or installing physical barriers such as
fences, gates, posts, and/or other appropriate barriers to effectively
prevent access to the area.
b. Ozone Precursor Emission Mitigation Measures
The following mitigation measures are required to further reduce the potential for
long-term emissions from the completed Project:
i. The developer will provide:
1. Sidewalks and/or pedestrian paths
2. Direct pedestrian connections
3. Shade trees to shade sidewalks
4. Pedestrian safety designs/infrastructure at crossings
5. Transit shelters and/or benches
ii. The developer will encourage:
1. Builder to orient church building north/south
2. Builder to increase insulation beyond Title 24
3. Church ownership to use all electric lawn maintenance equipment
3. Construction of the project requires the implementation of control measures set forth
under Regulation VIII, Fugitive PM10 Prohibitions of the San Joaquin Valley Air Pollution
Control District. The following mitigation measures, in addition to those required under
Regulation VIII, shall be implemented in order to reduce fugitive dust emissions
associated with the project:
a. All disturbed areas, including storage piles, which are not being actively utilized
for construction purposes, shall be effectively stabilized of dust emissions using
water, chemical stabilizer/suppressant, covered with a tarp or other suitable
cover, or vegetative ground cover.
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Exhibit A
GPA/ZC No. 05-0338
Mitigation/Conditions of Approval
b. All onsite unpaved roads and offsite unpaved access roads shall be effectively
stabilized of dust emissions using water or chemical stabilizer/suppressant.
c. All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and
fill, and demolition activities shall be effectively controlled of fugitive dust
emissions utilizing application of water or by presoaking.
d. When materials are transported offsite, all material shall be covered, or
effectively wetted to limit visible dust emissions, and at least six inches of
freeboard space from the top of the container shall be maintained.
e. All operations shall limit or expeditiously remove the accumulation of mud or dirt
from adjacent public streets at the end of each workday. (The use of dry rotary
brushes is expressly prohibited except where preceded or accompanied by
sufficient wetting to limit the visible dust emissions. Use of blower devices is
expressly forbidden.)
f. Following the addition of materials to, or the removal of materials from, the
surface of outdoor storage piles, said piles shall be effectively stabilized of
fugitive dust emissions utilizing sufficient water or chemical
stabilizer/suppressant.
g. Within urban areas, trackout shall be immediately removed when it extends 50 or
more feet from the site and at the end of each workday.
h. Any site with 150 or more vehicle trips per day shall prevent carryout and
trackout.
i. Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution
Control District Rule 4641 and restrict the use of cutback, slow-cure and
emulsified asphalt paving materials.
j. Cease grading activities during periods of high winds (greater than 20 mph over a
one-hour period)
k. Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the
constructions site.
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Exhibit A
GPA/ZC No. 05-0338
Mitigation/Conditions of Approval
I. Implementation of carryoutltrackout mitigation measures, such as gravel pads, in
accordance with the requirements of San Joaquin Valley Air Pollution Control
District Regulation VIII.
4. With submission of the first Parcel Map, Tract Map, or Site Plan Review application for
any portion of the subject property, the applicant shall provide an updated air quality
impact study addressing the potential for the development of the entire subject property
to exceed the San Joaquin Valley Air Pollution Control District's Thresholds of
Significance for ozone precursors. The most recent version of URBEMIS that is
available at the time of application submission shall be utilized for this analysis. If the
proposed development is projected to exceed the District's Thresholds of Significance,
then the following conditions shall be met to the satisfaction of the Planning Director:
a. Prior to recordation of a final map or issuance of a building permit (whichever
occurs first), the subdivider shall select and implement one or a combination of
the following measures and/or programs in order to reduce ROG and NOx
emissions to below the District's Thresholds of Significance for ozone precursors.
i. The subdivider shall fully construct a project or projects approved by the
City Public Works Department that will result in the reduction of emissions
as described in above. The improvements for said project must be
accepted by the Public Works Department prior to recordation the final
map. The project selected shall be a project that is not otherwise funded
or constructed with the subdivision. The subdivider is responsible for all
costs to determine the emission reductions associated with projects. This
documentation shall be submitted to the Planning Director and the Public
Works Director prior to approval of a project. The projects used for the
reduction in emissions may include one or more of the following types of
projects:
1. Construction of a new, warranted signal.
2. Modification of an existing signalized intersection to add additional
left tum storage or dedicated right turn capability.
3. Car crushing of older model cars.
4. Modification to stationary diesel engines, such as for agricultural
use.
5. Modification of fleet vehicles and/or other mobile sources.
Page 5 of 11
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Exhibit A
GPAlZC No. 05-0338
Mitigation/Conditions of Approval
ii. If one or more of these programs is selected by the subdivider, proof of
compliance with these measures must be provided to the satisfaction of
the Planning Director prior to recordation of a final map. Proof of
compliance may include documentation of the number, type and year of
cars crushed; location and type of engines modified, photo documentation
and quantification of emission reduction by Air Pollution Control District or
Air Quality consultant.
b. The Developer may provide emissions offsets through participation in a voluntary
emission reduction program (VERP) through the San Joaquin Valley APCD. The
VERP will require the developer to enter into a binding agreement with the
SJVAPCD that will require the SJVAPCD to:
i. Review the air emission impact assessment protocol and quantification of
emission estimates attributable to the project.
ii. Accept the estimated monetary value of the emission reductions to equal
the emissions from the project.
iii. Locate and implement the emission reductions.
iv. Certify that the emission reductions have been made to the lead agency
and the developer in the form of a certificate.
c. During the life of the project, if the City of Bakersfield adopts an emissions
mitigation program that provides equal or more effective mitigation than
measures listed in this analysis, the developer may choose to participate in the
City's program to mitigate air quality impacts.
d. The purchase of Banked Emission Reduction Credits (ERCs) will fully offset the
project. ERCs, which have been approved by the SJVAPCD, are retained in the
emission inventory for the air basin. Purchase and surrender of ERCs removes
them from this inventory, thus fully offsetting the incremental increase to the
emissions inventory from this project. Therefore, the emissions inventory
contained in the SIP and used for the AQAP will not increase as a result of the
project and the AQAP remains valid.
e. Should ERCs not be available or deemed cost effective, the developer may
provide offsets through other means acceptable to the City Planning Department
and approved by the SJVAPCD.
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Exhibit A
GPAlZC No. 05-0338
Mitigation/Conditions of Approval
f. Fees paid to the SJVAPCD through an approved indirect source emissions fee
program may be utilized to provide applicable offsets for the proposed project.
Cultural Resources:
5. If cultural resources are encountered during construction, a qualified archaeologist shall be
retained by the developer to evaluate the significance of the resources and to formulate a
mitigation program if necessary. The archaeologist shall coordinate with the City of
Bakersfield Planning Department.
6. 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.
Transportation and Traffic:
Local Mitigation
7. 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 and 8 of the traffic study. An estimate and fee
schedule should be developed by the applicant and approved prior to recordation of a
map or issuance of a building permit.
a. Allen Rd & Seventh Standard Rd, Install Signal, Add 2 east bound left turn
lanes, add north bound right and left turn lane, add west and south bound left
turn lanes, add east bound through lane, 2.15% share
b. Allen Rd & Snow Rd, Add north bound right turn lane, add north and south bound
left turn lanes, 10.12% share
c. Old Farm Rd & Snow Rd, Add north and south bound left turn lanes, 5.93%
share
d. Jewetta Ave & Snow Rd, Add south bound left turn lane, 6.26% share
Page 7 of 11
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Exhibit A
GPAlZC No. 05-0338
Mitigation/Conditions of Approval
e. Norris Rd & Snow Rd, Add north and south bound left turn lanes, 6.36% share
f. Allen Rd & Project Entrance 2, Install Signal, Add east bound right turn lane,
100% share (The traffic study shows a signalized project entrance which shall be
100% developer responsibility and can only be permitted upon approval of a
developer submitted synchronization study and if warranted.)
g. Allen Rd & Project Entrance 2, Add north and south bound through lanes,
11.92% share
h. Allen Rd & Olive Dr, Add north and south bound left turn lanes, add south bound
through lane, 3.66% share
i. Allen Rd & Reina Rd, Add north, east, south and west bound left turn lanes,
5.68% share
j. Allen Rd & Noriega Rd, Add west bound right turn lane and south bound left turn
lane, 6.14% share
k. Seventh Standard Rd: Santa Fe Wy to Allen Rd, Add 4 lanes, 0.61 % share
I. Allen Rd: Hageman Rd to Olive Dr, Add 2 lanes, 8.29% share
8. Prior to the recordation of Final Tract Maps, the developer shall ensure the construction of
necessary improvements to South Union Avenue and East Berkshire Road along the
project site frontage to the satisfaction of the City of Bakersfield Public Works Department.
Metropolitan Bakersfield Transportation Impact Fee Program
9. Prior to the issuance of any building permit, the developer shall pay the applicable
Metropolitan Bakersfield Transportation Impact Fee to the satisfaction of the City of
Bakersfield Public Works Department.
Public Works:
10. Prior to approval of any development plan, improvement plan, or application for a lot line
adjustment, the following shall occur:
Page 8 of 11
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Exhibit A
GPAlZC No. 05-0338
Mitigation/Conditions of Approval
a. Provide fully executed dedication for Snow Road to Arterial Standards and Allen
Road to Collector Standards for the full frontages of the area within the GPA
request. Dedications shall include sufficient widths for expanded intersections
and additional areas for landscaping as directed by the City Engineer. Submit a
current title report with the dedication documents.
b. Per the Metropolitan Bakersfield General Plan and the Western Rosedale
Specific Plan, Renfro Road is to be realigned to follow the mid section line within
this section. Provide fully executed dedication for Renfro Road to Arterial
Standards for the full frontages of the area within the GPA request. Dedications
shall include sufficient widths for expanded intersections and additional areas for
landscaping as directed by the City Engineer. Submit a current title report with
the dedication documents.
c. The GPAlZC area is within and shall comply with the Western Rosedale Specific
Plan.
d. Submit a comprehensive drainage study to be reviewed and approved by the
City Engineer. Only one basin may be utilized to serve this area. This basin shall
be located so that adjacent areas may connect as development occurs. Upon
approval of the study, any required retention site and/or easements shall be
dedicated to the City.
11. The GPAlZC area is within the service area of the North of River Sanitary District
(NORSD) NO.1. Sewer service in this area must conform to NORSD's adopted Sewer
Study, and construction of sewer lines shall be per NORSD's requirements. All trench
backfill and paving within the public right-of-way shall require an Open Street Permit
and be as per the City of Bakersfield's adopted standards.
12. The subdivider shall pay his proportionate share of the cost for the future construction of
full width landscaped median island in Snow Road. Payment shall be made prior to the
recordation of the final map.
13. The applicant/developer/subdivider shall be responsible for Y:z the cost of culverVbridge
widening at Kratzmeyer Road.
14. Access to the arterial and collector streets will be limited and determined at time of
division or development. Access from Snow Road, Allen Road and Renfro Road shall
be per City standards.
Page 9 of 11
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Exhibit A
GPAlZC No. 05-0338
Mitigation/Conditions of Approval
15. Determination of whether a right tum lane is required at the access street(s) will also be
made at the time of division or development. A full access opening will only be
considered if the developer funds and installs a traffic signal at the site entrance. Said
signal will only be permitted if a signal synchronization study is submitted and approved,
which shows progression is not adversely affected.
16. 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.
Parks:
17. The North of the River Recreation and Park District (NOR) has indicated that a
neighborhood park (approximately 10 acres) is needed within the project site or in the
immediate vicinity to meet the needs of the proposed development and the growing
population in the area. Prior to approval of the first tentative subdivision map, NOR shall
determine whether or not a park site, or portion thereof, will be needed within the project
site. If so, and if it is determined that the proposed development of the project site
would not generate the need for the full park, then a deed of parkland to meet the
development's proportionate share and the purchase of the balance of the site by NOR
will be acceptable. The development's proportionate parkland dedication (and/or
parkland acquisition in-lieu fee) obligations and development fee (and/or park
improvement) obligations will be determined by the Planning Director and NOR prior to
the approval of the first tentative subdivision map within the project site.
Citv Attornev:
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 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.
Page 10 of 11
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Exhibit A
GPNZC No. 05-0338
Mitigation/Conditions of Approval
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.
Page 11 of 11
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