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Home My WebLink AboutORD NO 4273 ORDINANCE NO. ~"2 7 3 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 101-11) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO R-1 (ONE FAMILY DWELLING) ON 70 ACRES AND FROM A TO R-1-CH (ONE FAMILY DWELLING· CHURCH OVERLAY) ON 10 ACRES, GENERALLY LOCATED ON THE SOUTH SIDE OF SNOW ROAD (FUTURE) BETWEEN ALLEN ROAD AND RENFRO ROAD (FUTURE) (ZC NO. 05-0338). 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 land use zoning of those certain properties in the City of Bakersfield generally located at the southeast corner of Seventh Standard Road and Jewetta Avenue (future); and WHEREAS, by Resolution No. 80-05 on June 16, 2005, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 05-0338 as delineated on attached Zoning Map 101-11 marked Exhibit "A", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution and restated herein; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which warranted a negative declaration of environmental impact and changes in zoning of the subject property from A (Agriculture) to R-1 (One Family Dwelling) on 70 acres and from A to R-1-CH (One Family Dwelling - Church Overlay) on 10 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 12, 2005, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows single-family residential 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. 80- 05, adopted on June 16, 2005: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 1 ~ ''Òj'..}\/::.) ("> cn ....r '" ) -',=/1/ r, r- r- ".". 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 "A," 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 "A." 7. 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. 8. The laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. That the above recitals, incorporated herein, are true and correct. 2. The Negative Declaration is hereby adopted. 3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of that certain property in said City, the boundaries of which property is shown on Zoning Map 101-11 marked Exhibit "A" attached hereto and rnade a part hereof, and are more specifically described in attached Exhibit "B ". 4, Such zone change is hereby made subject to the mitigation and conditions of approval listed in attached Exhibit "C", subject to approval of GPA No. 05- 0338. i·i" -- 2 ,r:;;,' ~ -.---'.-.-- - ------..--_.... .."-"-----_..._.~._. .-.. ._--- 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------··· I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by. theSCQ!.I.[1cil of the City of Bakersfield at a regular meeting thereof held on SEt' 2 ZUUJ by the following vote: ~ NOES: ABSTAIN: ABSENT: v - v v .- COUNCILMEMBER COUCH CARSON. BENHAM MAGGARD. HANSON SULLIVAN. SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER f1.rwr.I~JI fl· m~ PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio ClerK of the Council of the City of Bakersfield APPROVED SEP 2 8 2005 ~ Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: /3w; ~ ~ Exhibit A - Zoning Map 101-11 B - Zone Change Legal Descriptions C - Mitigation/Conditions of Approval PH - S:\GPA 2nd 2005\05-0338\Resolutions\CC ZC Ordinance.doc 3 .-...-.-...-- -.- ---.-._- . -----......-.,---.""- _'.. '-.'---'---'-.--.-.. " J"" '~¡I, .. ~,.; ~-o '" , '" ~ 0 ~ 9a.. . ~L ~c:(: ... N :::E.. w Ie!,) ~! j~ 15~ ~hl Z;: I! ~~ tOú 1:>NII! ~I t . ~ c I ;¡_ ;¡ iI¡ ~I ~. . h II i ~ ! ~ ~ 1i,lft_lt: , Ii " j '! i I Jr· I!t,~§ri_¡¡-¡f¡¡r 5 ~,i i. 11!2! --2 - e' , ..11 - '.f .2 . ~ I b-. Ji~1 ~ I o. Ih.t f UMlh:~::;~fh!1 II il~1 ~¡¥UI~I ~H§~ ~ - U¡š-P4H~i Iluniii!iHi! ~:I a:ii Ii .!' '0 Y "'5.4: ~a !=I... w ~!51~!!IIDlj!lllii!i!iilllllill 1;11 . 2 '. :, ., " <Ii'il 10.. I!Io I I ..'" :;: =t~; ; : ::!;;.Z~~~;.r..~..5t.,.9=t~!t:1 ZONE CHANGE 05'-0338 tj·ult '*'tM ~ 1113 ~ '" ° .... « ¡I ¡¡ H::J-~-!J 01 V . ¡ 0_ ....' «'" I __ _______·_"00'."&""....__ , ) ¡ .: j ¡ i " ,~ I),~. "".~ ~. ~~.~ . . ~ - ,,-,,'" -- ------------.....-----_._-------- ., . ~I -Jill H$ - ~-,-.--.~. ~-..,."'......,,-.~. .~- .---+OO""~---.~-.~...___~____.______ l ~ + ZONING MAP 101·11 ,/:,"',i:, "-,'~ 'c:,j " _. ~-' LEGAl DESCRIPTION FOR ZONING Zone Chance fromACAar1cultureHo R-1 (81na1e FamilY Residential): Lois 1, 2, 4 and the east half of lot 3 of the Sales Map of Lands of Kern County Land Company filed January 9,1891 in lt1e office of the Kern County Recorder. Contains approximately seventy (70) acres. Also being Assessors Parcels 529 - 011 - 3. 4, 5, and the northerly 20 acres of 6. Also being a portion of the north half of the northeast quarter of Section 11, Township 29 South, Range 26 East, MDB & M. Zone Chanae from A (Agricylture) to R-1- CH (Sinale Family Residential. Church Combinina) The west half of lot 3 of the Sales Map of Lands of Kern County Land Company filed January 9, 1891 in the office or the Kern County Recorder: Contains approxitn.delyten (10) acres. Also being Assessor's Parcel 529 - 011 - 2 Also being a portion of the north half or the northeast quarter of Section 11, Township 29 South, Range 26 East, MDB & M. REVISED AlJf¡usI24.2004 \..,' ~. \-..- ¡ , c. EXHIBIT C Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 05-0338 Aaricultural 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. PM1Q 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. il. 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. iil. 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 SJVAPCD 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. ¡.'/ Exhibit C 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 ernulsified 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 ~' Exhibit C GPAlZC 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. Page 3 of 11 " , "'-) Exhibit C GPNZC 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. Lirnit construction-related vehicle speeds to 15 mph on all unpaved areas at the constructions site. Page 4 of 11 ""\1', Exhibit C GPAlZC No. 05-0338 Mitigation/Conditions of Approval I. Implementation of carryouUtrackout 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 turn 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 Exhibit C GPNZC 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 rernains 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. Page 6 of 11 1~,:·' ,"_ Exhibit C GPNZC 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 , , Exhibit C 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 c , .. " ,-- . .'-.j Exhibit C 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/developerlsubdivider shall be responsible for Yo the cost of culvert/bridge 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 ( \\/\Ii ()~ .'- ¡':". " , (. Exhibit C GPNZC No. 05-0338 Mitigation/Conditions of Approval 15. Determination of whether a right turn 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 Attorney: 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 '\';.:"""i: Exhibit C GPA/ZC 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 ~ .' "<".', (, ;,.¡ ()' " (jr:: I ,--., ~ I " 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 29th day of September, 2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4273 , passed by the Bakersfield City Council at a meeting held on the 28th day of September, 2005 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 101-11) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO R-1 (ONE FAMILY DWELLING) ON 70 ACRES AND FROM A TO R-1-CH (ONE FAMILY DWELLING - CHURCH OVERLAY) ON 10 ACRES, GENERALLY LOCATED ON THE SOUTH SIDE OF SNOW ROAD (FUTURE) BETWEEN ALLEN ROAD AND RENFRO ROAD (FUTURE) (ZC NO 05-0338) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By:~·t~~'-L£L_· DEPUTY City Clerk S:\DOCUMENnFORMSIAOP, ORD, wpd oM"'.» d- ~ >- ñí ¡.- r-- Ó ö ORIGINAL