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HomeMy WebLinkAboutRES NO 271-05 RESOLUTION NO, ! 7 1 - 0 5 RESOLUTION MAKING FINDINGS, TENTATIVELY APPROVING THE CANCELLATION OF A WilliAMSON ACT LAND USE CONTRACT ON CERTAIN PROPERTY lOCATED ON THE WEST SIDE OF OLD RIVER ROAD, NORTH SIDE OF BERKSHIRE ROAD (FUTURE), AND EAST SIDE OF MOUNTAIN VISTA DRIVE (FUTURE), APPROXIMATELY 1,400 FEET SOUTH OF PANAMA LANE (GOVERNMENT CODE SECTION 51282). WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of Section 65353 ofthe Government Code, held a public hearing on Monday, September 12, 2005, and Thursday, September 15, 2005, on Case No. 05-0476 of a proposed cancellation of a Williamson Act Land Use Contract on that certain property being annexed to the City of Bakersfield, 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, such proposed cancellation is as follows: Williamson Act Land Use Contract Cancellation: The Lusich Company, Inc. for LENNAR and MacLeu, LLC and the David P. Antongiovanni Family Trust applied to cancel a Williamson Act Land Use Contract on 76 acres within Kern County Agricultural Preserve No. 10, generally located on the west side of Old River Road, north side of Berkshire Road (future), and east side of Mountain Vista Drive (future), approximately 1,400 feet south of Panama Lane; and WHEREAS, the requested cancellation covers a 76-acre portion of the south half of the northeast quarter of Section 30, Township 30 South, Range 27 East, Mount Diablo Base & Meridian, in the unincorporated area of the County of Kern, State of California; and WHEREAS, the subject property is part of a proposed annexation to the City of Bakersfield in said County and State; and WHEREAS, the subject site is also part of a proposed General Plan Amendment/Zone Change (No. 05-0476) to allow the development of urban uses on the site; and WHEREAS, the applicant for the property owner has indicated the purpose of the request is to develop single family residences on the site; and WHEREAS, pursuant to Section 51283 of the Government Code, the Kern County Assessor has determined the full market value of the land with respect to which the cancellation is requested, as though it was free of the contractual restriction, and has certified to this Council that the amount thereof is $4,788,600, and that the cancellation fee is $598,575 for the 76 acres, and has certified that there are no additional deferred taxes under Government Code Section 51283; and WHEREAS, the request for the cancellation of the Williamson Act Land Use Contract by The Lusich Company, Inc. for LENNAR and MacLeu, LLC and David p, Antongiovanni Family Trust, was duly heard and considered by the Planning Commission at a public hearing held September 15, 2005; and '< ~M¿':5' Q ~ >- - I- m _ r- Ù C> ORIGiNAl. WHEREAS, the cancellation of the Williamson Act Land Use Contract will not become effective until the completion of the annexation to the City of Bakersfield; and WHEREAS, proposed General Plan Amendment/Zone Change No, 05-0476 for the property is conditioned upon the payment of the fee calculated by the Kern County Assessor noted above, prior to any further urbanization of the property; and WHEREAS, by Resolution No, 137-05 on September 15, 2005, the Planning Commission recommended approval and adoption of the cancellation of the Williamson Act Land Use Contract subject to the "Mitigation/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, November 9,2005, on the above described proposal, notice of time and place of the hearing having been given at least ten (10) calendar days before the hearing by publication in The Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, a notice of hearing was sent to the Department of Conservation pursuant to Section 51284 of the Government Code; and WHEREAS, a notice of hearing was sent to property owners of lands under contract within one mile of the project site pursuant to Section 51284 of the Government Code; and WHEREAS, the City Council, pursuant to Government Code section 51282, tentatively approves cancellation of the Williamson Act Land Use Contract, subject to the conditions of approval for the project attached to this resolution (see Exhibit "A"); and WHEREAS, the City Council tentatively approves cancellation of the Williamson Act Land Use Contract subject to completion of the annexation process for the property; and 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 setforth in Resolution No. 137-05, adopted on September 15, 2005: a. All required notices have been given. b. The provisions of the California Environmental Quality Act (CEQA) have been followed. c. Based on 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 and sent to responsible agencies and property owners within 300 feet of the project site in accordance with CEQA. 2 '< '6i;.1(t~ () ~ >- - I- m _ r- Ù 0 ORiGiNAL d. That infrastructure exists or can easily be provided to accommodate the types and intensities of the proposed development. e. The public necessity, general welfare and good zoning practice justify the recommended cancellation of the Williamson Act Land Use Contract on 76 acres generally located on the west side of Old River Road, north side of Berkshire Road (future), and east side of Mountain Vista Drive (future), approximately 1,400 feet south of Panama Lane. f. The recommended cancellation is compatible with the surrounding uses. g. The recommended cancellation is consistent with the Metropolitan Bakersfield General Plan, subject to prior approval of General Plan Amendment No. 05-0476 and to conditions imposed on General Plan Amendment/Zone Change No, 05-0476, h. That cancellation of the Land Use Contract is hereby recommended with mitigation measures adopted in the Negative Declaration. i. 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. j. The property lies within the path of urban development with approved development projects in progress and said urban development projects as well as local government agency efforts have extended supporting utilities and infrastructure in close proximity to the property. k. The cancellation is for land on which notices of nonrenewal have been served pursuant to Section 51245 of the Government Code; said notices were recorded on October 17, 2003 as Document No. 0203227570 and on July 6, 2004 as Document No. 0204155076 in the Office of the Kern County Recorder. I. The cancellation is not likely to result in the removal of adjacent lands from agricultural use as surrounding properties to the north, east and west are currently designated for residential development at densities of up to 7.26 dwelling units per net acre under the Metropolitan Bakersfield General Plan and are either within the City limits or in the process of being annexed to the City, and a General Plan Amendment and annexation request is currently being processed for the property immediately to the south to allow for urban development within the City, m. The cancellation is for an alternative use which is consistent with the Metropolitan Bakersfield General Plan, subject to prior approval of General Plan Amendment No. 05-0476. n. The cancellation will not result in discontiguous patterns of urban development as adjacent lands are either developing, approved for urban development, or have General Plan Amendment and annexation requests in 3 ~~Mt:" () ~ >- - I- m _ r- Ù C) ORIGiNAl process to allow for urban development within the City, and because there are several large recorded tracts and approximately 15 pending tracts of various sizes adjacent to and in close proximity to the project site. o. Development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted lands as surrounding properties are anticipated to be developed with urban land uses served by urban infrastructure, including the existing 48-inch diameter sewer pipeline in McCutchen Road to the south of the project site. 3, The proposed cancellation is in the public interest. Approximately 37,000 dwelling units will be needed within the MBGP area to meet growth demands over the next 15 years. Pursuant to the MBGP, the "Centers Concept" provides for land use patterns consisting of several concentrated commercial use areas surrounded by high density residential development with low density residential development filling in the gaps between centers. One such center is conceptually located southwest of the project area, The proposed low density residential development within the project area is consistent with the centers concept of the MBGP. The 288 dwelling units proposed to be developed within the project area represents 0.01 % of the demonstrated housing need within the MBGP area and 0.05% of the need anticipated for the Southwest Bakersfield center. 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/Zone Change No. 05-0476 and for the Williamson Act Land Use Contract Tentative Cancellation is hereby approved and adopted. 3. The report ofthe 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. That the City Council has, pursuant to Section 51282 of the Government Code, made the required findings to tentatively approve the cancellation of the Williamson Act Land Use Contract. 5, The Williamson Act Land Use Contract cancellation and exclusion of the project site from Kern County Agricultural Preserve No. 10 will occur when said property is annexed to the City of Bakersfield. If the property is not annexed, then the Contract shall not be cancelled. 6. The City Council hereby tentatively approves and adopts cancellation of the Williamson Act Land Use Contract on 76 acres located on the west side of Old River Road, north side of Berkshire Road (future), and east side of Mountain Vista Drive (future), approximately 1,400 feet south of Panama Lane as shown on the map marked Exhibit "B" and exclusion of the subject property from Kern County Agricultural Preserve NO.1 0, subject to prior approval for the project of General Plan Amendment/Zone Change No, 05-0476 and subject to the "Mitigation/Conditions of 4 'òM!:f 0' ~, >- I- J!' Q C:) ORIG!NAI Approval" listed in 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-referenced absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. ---------000-------- 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 NDV 1 (; '?flf7Ií by the following vote: ~ NOES: cl~~~ v'.--- ¡.. ......--- \.-- V L-- COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~~Lv,., L PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio CI Council of the City of Bakersfield HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: ~m ~ Exhibit A - Mitigation/Conditions of Approval B - Williamson Act Land Use Contract Cancellation Map PH - S:IGPA 3rd 2005105-0476\ResolutionsICC WA Resolution,doc 5 ,<Î)f\I({~ () ~ "- - I- m _ r-- <.J C> ORIGINAl EXHIBIT A Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 05-0476 Air Qualitv 1. To ensure that Project emissions are minimized, the following measures have either been applied to the Project through the URBEMIS Model or will be implemented in conjunction with the San Joaquin Valley Air Pollution Control District (SJVAPCD) rules. The applicant/developer of the Project site shall submit documentation to the Planning Department prior to issuance of any building permit that they will/have met the following mitigation measures: A. Construction Equipment Exhaust Mitigation Measures The following mitigation measures are stated in the GAMAQI guidance document as approved mitigation for construction equipment: · Properly and routinely maintain all construction equipment. as recommended by manufacturer manuals, to control exhaust emissions. · Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. · Encourage ride sharing and use of transit transportation for construction employee commuting to the Project site. · Use electric equipment for construction whenever possible in lieu of fossil fuel- fired equipment. · Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways, B. Fugitive Dust Emissions Construction of the Project requires the implementation of control measures set forth under SJVAPCD Regulation VIII, Fugitive PM10 Prohibitions of the SJVAPCD. The following mitigation measures, in addition to those required under Regulation VIII can reduce fugitive dust emissions associated with this Project: . 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 stabilizerlsuppressant, covered with a tarp or other suitable cover, or vegetative ground cover. . All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. o ¡'II'!' <-< \)I~ J,:f, O' '0> >- :;c I- IT, _ r- o C> ORIGINAl Exhibit A GPAlZC No. 05-0476 Mitigation/Conditions of Approval · All land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking, · When materials are transported off-site, 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. · All operations shall limit or expeditiously remove the accumulations 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). · 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 stabilizerlsuppressant. · Within urban areas, trackout shall be immediately removed when it exceeds 50 or more feet from the site and at the end of each workday. · Any site with 150 or more vehicle trips per day shall prevent carryout and trackout. · Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials. · Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period), · Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the construction site. · Implementation of carryouUtrackout mitigation measures, such as gravel pads, in accordance with the requirements of the SJVAPCD Regulation VIII. 2. 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 Page 2 of 8 cJ '/JI'Jí¿:"'<f> >-- ~ m - r- o C) ORiG'NAl Exhibit A GPAlZC No. 05-0476 Mitigation/Conditions of Approval 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. /. 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 andlor other mobile sources. 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. Page 3 of 8 . ~ ~J.'- «. 1)""t~9 () ~ >- - I- m _ r- () C> ORIGINAl .--,....----- .. ~._--~-_.._._.._._--------- Exhibit A GPAlZC No. 05-0476 Mitigation/Conditions of Approval 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. 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: 3. 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. 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 Resources Code Page 4 of 8 ~Mf.l> ~ '{p '" "- - I- m _ t"- o C> ORIGiNAL Exhibit A GPAlZC No. 05-0476 Mitigation/Conditions of Approval which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. T ra nSDortationlT raffic: 5. Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee nor included with normal development improvements) as indicated in Tables 7 & 8 of the project 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. The following proportionate share contributions shall be paid prior to the issuance of the first building permit: a. Old River Road & Campus Park Drive: Add east left turn lane (striping only). The project share shall be 5.76% of the cost of the above improvements. b, Old River Road & Harris Road: Add east and west bound left turn lanes. The project share shall be 4.38% of the cost of the above improvements, c. Buena Vista Road & Panama Lane: Add north and south bound left turn lanes. The project share shall be 2.58% of the cost of the above improvements. d. Mountain Vista Road & Panama Lane: Add north and south bound left turn lanes. The project share shall be 2.26% of the cost of the above improvements. e, Gosford Road & Panama Lane: Add north bound left turn lane, The project share shall be 3.72% of the cost of the above improvements. f. Old River Road & Berkshire Road: Add east and west bound left turn lanes. The project share shall be 7.34% of the cost of the above improvements. g. Old River Road & McKee Road: Add east and west bound left turn lanes. The project share shall be 5.62% of the cost of the above improvements. h. Old River Road & Taft Highway: Add north bound left turn lane and north bound through lane. The project share shall be 7.34% of the cost of the above improvements. i. Gosford Road, Panama Lane to Harris Road: Add 1 lane, The project share shall be 6.82% of the cost of the above improvements. Page 5 of 8 . i.\lliíf,() rŠ '{r >- ~ 1- m - r- CJ C> OQIGINAI Exhibit A GPAlZC No. 05-0476 Mitigation/Conditions of Approval j. Gosford Road, Harris Road to Pacheco Road: Add 3 lanes. The project share shall be 6.82% of the cost of the above improvements. 6. 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. Williamson Act Contract Cancellation Fee: 7. 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 the south half of Assessor Parcel Numbers 497-031-04 or 497-031-06, the applicanUdeveloper shall provide proof to the City of Bakersfield Planning Department that the required Williamson Act Land Use Contract cancellation fee of $598,575, or as calculated by the Kern County Assessor's Office, has been paid to the Kern County Treasurer. Public Works: 8. Prior to approval of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: a, Provide fully executed dedication for Old River Road, to Arterial standards and Berkshire Road and Mountain Vista Road to Collector standards, for the full frontages of the area within the GPAlZC area. 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. If a tentative subdivision map over the entire GPAlZC area is submitted, dedication can be provided with the map. b. A comprehensive drainage study is to be submitted to and approved by the City Engineer. Site any drainage retention facility on the periphery of the GPAlZC area to facilitate future expansion or consolidation of drainage facilities as adjacent area develops. The study shall be approved and any required retention site and necessary easements dedicated to the City, The City will allow no more than one publicly-maintained sump per 80 acres. Provide an easement for the ultimate retention basin site, along with necessary easements for the transportation of drainage water to the site. Page 6 of 8 " £,ÄK/;,<> cy '{p "- -<I I- m õ r- Ö ()RIr,I~IAI Exhibit A GPAlZC No. 05-0476 Mitigation/Conditions of Approval 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. 9. Payment of median fees for the arterial frontage of the property within the GPAlZC area will be required upon development. These fees may be paid prior to recordation of any map or approval of improvement plans, 10. Access to the arterial and collector streets will be limited and determined at time of division or development. 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, 11, 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 the GPAlZC area. 12. With the development of the project area, approved, improved access to the site must be provided, The required improvements shall be 32 feet of paving meeting City design standards for a collector or arterial road (depending on alignment) with 8-foot graded shoulders, If it becomes necessary to obtain any off site right of way and if the developer is unable to obtain the required right of way, then he shall pay to the City the up-front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. Citv Attornev: 13. 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, andlor property owner andlor 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 Page 7 of 8 'ò AI. f'ó çj "Iii' ." "- -' I- m - r- o C> nRIG'NAI Exhibit A GPAlZC No. 05-0476 Mitigation/Conditions of Approval 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. Page 8 of 8 x£"Œ%> () ~ >.. - I- m - r- o C> ORiGiNAL - -,.- _ .___..___...__._.H',,_"'.__O_·____.' Exhibit B Williamson Act Land Use Contract Cancellation Map '"<. ~M~1' () ~ >- -- I- m - r- (.) 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