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Home My WebLink AboutORD NO 4287 - - ORDINANCE NO. W! 8 7' AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 124-16) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM M-1 (LIGHT MANUFACTURING) TO R-2 (LIMITED MULTIPLE FAMILY DWELLING ZONE) ON 9 ACRES AND FROM M-3 (HEAVY INDUSTRIAL) TO R-2 ON 31 ACRES, GENERALLY LOCATED ON THE EAST SIDE OF COTTONWOOD ROAD BETWEEN EAST WHITE LANE AND BROOK STREET (ZC NO. 05-0414). 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 on the east side of Cottonwood Road between east White Lane and Brook Street; and WHEREAS, by Resolution No. 130-05 on September 15, 2005, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 05-0414 as delineated on attached Zoning Map 124-16 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 M-1 (Light Manufacturing) to R-2 (Limited Multiple Family Dwelling Zone) on 9 acres and from M-3 (Heavy Industrial) to R-2 on 31 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 August 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. 130- 05, adopted on September 15, 2005: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 1 -.--..-.-..-. - ----,-._..--,,---_._-----,,- 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 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 minimis" exemption in accordance with Section 711 of the State 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. 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 124-16 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B ". 4. Such zone change is hereby made subject to the "Mitigation/Conditions of Approval" listed in attached Exhibit "C", subject to approval of GPA No, 05-0414. 2 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 the Council of the City of Bakersfield at a regular meeting thereof held on DEC 1 <1 2005 by the following vote: (AY"V NOES: ABSTAIN: ~'"-BSEND COUNCILMEMBER cOUNclLMEMBER cOUNclLMEMBER cOUNclLMEMBER v .' v- COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER ~ '-'No. ··~·,>'·-c--.',-- ~"",D¿ Ll.ilJ(II1~ PAMELA A. McCARTHY, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED DEC 1 4 2005 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: /å¡yA£ ìYJ- XÚwf¡ Exhibit A - Zoning Map 124-16 B - Zone Change Legal Descriptions C - Mitigation/Conditions of Approval PH ~ S:\GPA 3rd 2Q05\05-0414\Resolutions\CC ZC Ordinance.doc 3 Exhibit A Zoning Map 124-16 ~ --- --- -- w: -N I '" V (\, 9C1.. . ....-ø --~ ~~'"' ... " J~ ILZ °Z!! >-0- 5N~ .1 a~ i ~£ . . :;e;u ·I!~ . " ¥l ~1 i~~ t!)1 i:' ~I ¡;;' . . '1" _ . .-----.-- h H j Ji II i I I I § 'II - ~ - ; I ,I l I !w i . . =t vi ;j , ¡ i · rhI1UM¡i¡;I'1 u! ~I ~!i!¡-~ 1IIIIIh(...1w !I I~.~ il "I -j fll il i~:i':..=~iiU I;! II~ r~ l:rI~ . ~ i !I~!I! ~ i¡ ¡Pi !!;! d !II i~;H a~I'I! ~!II h iii I:~! ~~ h Hi II ~ hid ull i II n!:n I ~: ~; ,. ~io "''' -=-':'1 !' ~ ... .... . .. . ß 3 t .. :;;D._U",_H" '-'''' ~IUUY~Lå.'I.è&3 ol't~.~i~ ZONE CHANGE 05-0414 ~·H .. ... c .._- ---.-----..---.-.- --- ~ . . . I ¡ ~._..-=-=-.,....,'_.--:--_.. ..... .".--.,..~.,.._"......~.,...."--.... ... .- .... . G) . .... - ... -." . .. --- .... -.. r. 'j' . ~~i t Iri !a, 5!š 'I ; . . . ~ ....--..--.-... . .-.-.. ---.-.--.- ~----_._-------------~---------------------~----~----------------- ----------------- ----- --, ¡ ¡ , I , , "" Œ:J , ¡::!! * ~J , , , , I , ~ ~ ~ 41".... ... ~ 'I' " ZONING. IIAP,Z4-lt ~ ~ I ¡ ~ Ii .. ;¡~ ¡~ ," ;11 I·· J II Exhibit B Zone Change Legal Descriptions Legal Description for Zone Change M-1toR-2 A portion of Lots 12 & 13 of Sales map of lands of Kern County Land Company filed for record in the Office of the Kern County Recorder on July 14, 1893 being in Section 16, T. 30 S., R. 28 E., M.D.M., in the City of Bakersfield. County of Kern, State of California, more particularty described as follows: Commencing at the southeast corner of Tract No. 1546 filed for record in the office of said County Recorder in Book 8 of Maps at pages 31 thru 33, monumented with 2" filled iron pipe with brass tag marked RE3471, thence N 89° 43' 23" E, 30.00 feet to the northwest corner of said Lot 12 and the True Point of Beginning for this description;; thence N 89° 43' 23" E. along the north line of said Lot12 and 13, 1296.22 feet to the northeast corner of said Lot 13; thence S 00° 02' 35" W, along the east line of said lot, 300.00 feet to a point on a line 300,00 feet southerly of and parallel to said north line; thence S 89° 43' 23" W, along said line, 1296.22 feet to a point 30..0 feet easterly of the centerline of Cottonwood Road and the east line of said Lot 12; thence N 00° 02'39" W, along said east line, 300.00 feet to the point of beginning. containing 8.927 acres. more or less, M-3toR-2 A portion of Lots 12 & 13 of Sales map of lands of Kern County Land Company filed for record in the Office of the Kern County Recorder on July 14, 1893 being in Section 16, T. 30 S., R. 28 E., M.D.M., in the City of Bakersfield, County of Kern, State of California, more particularly described as follows: All of said Lots 12 & 13, excepting therefrom the following: Commencing at the southeast corner of Tract No. 1546 filed for record in the office of said County Recorder in Book 8 of Maps at pages 31 thru 33, monumented with 2" filled iron pipe with brass tag marked RE3471, thence N 89° 43' 23" E, 30,00 feet to the northwest corner of said Lot 12 and the True Point of Beginning for this description;; thence N 89° 43' 23" E, along the north line of said Lot12 and 13, 1296.22 feet to the northeast corner of said Lot 13; thence S 00° 02' 35" W, along the east line of said lot, 300.00 feet to a point on a line 300,00 feet southerly of and parallel to said north line; thence S 89° 43' 23" W. along said line, 1296.22 feet to a point 30..0 feet easterly of the centerline of Cottonwood Road and the east line of said Lot 12; thence N 00° 02'39" W, along said east line, 300.00 feet to the point of beginning. ~~ containing 31.27 acres, more or less EXHIBIT C Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 05-0414 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. PM10 Mitigation Measures The criteria pollutant most affected by proposed mitigation measures will be PMlO, 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. The mitigation measures to be taken are as follows: · 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 . · 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% capacity. · Reduce speed on unpaved roads to less than 15 miles per hour. · 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, · 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. · Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading, or cut and fill operations with application of water or by presoaking. · When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover or effectively wet to limit visible dust emissions. · 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. · Stabilize the surface of storage piles following the addition or removal of materials using water or chemical stabilizer/suppressants. Exhibit C GPAlZC No. 05-0414 Mitigation/Conditions of Approval · Remove visible track-out from the site at the end of each workday. · Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period). · Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and restrict use of cutback, slow-cure and emulsified asphalt paving materials, · Grading should be conducted in phases. · Project site shall not be cleared of existing vegetation cover until required by construction. · The Project developer shall revegetate graded areas as soon as it is feasible after construction is completed, B. Measures to Reduce Construction Emissions The GAMAQI guidance document lists the following measures as approved and recommended for construction activities: · Maintain all construction equipment as recommended by manufacturer manuals. · Shut down equipment when not in use for extended periods of time. · Construction equipment shall operate no longer than eight (8) cumulative hours per day. · Use electric equipment for construction whenever possible in lieu of diesel or gasoline powered equipment. · Curtail use of high-emitting construction equipment during periods of high or excessive ambient pollutant concentrations such as "Spare-the-Air" days as declared by the SJVAPCD. · All Construction vehicles shall be equipped with proper emission control equipment and kept in good and proper running order to substantially reduce NOx emissions. · On-Road and Off-Road diesel equipment shall use aqueous diesel fuel if permitted under manufacturer's guidelines. · On-Road and Off-Road diesel equipment shall use diesel particulate filters if permitted under manufacturer's guidelines. · On-Road and Off-Road diesel equipment shall use cooled exhaust gas recirculation (EGR) if permitted under manufacturer's guidelines. · Use of Caterpillar pre-chamber diesel engines or equivalent shall be utilized if economic and available to reduce NOx emissions. · All construction workers shall be encouraged to shuttle (car-pool) to retail establishments or to remain on-site during lunch breaks. Page 2 of 9 Exhibit C GPA/ZC No. 05-0414 Mitigation/Conditions of Approval · All construction activities within the Project area shall be discontinued during the first stage smog alerts. · Construction and grading activities shall not be allowed during first stage ozone alerts. First stage ozone alerts are declared when the ozone level exceeds 0.20 ppm (1-hour average). C. Other Mitigation Measures The following mitigation measures are recommended to further reduce the potential for long term emissions from the completed Project: · The Project design shall comply with standards set forth in Title 24 of the Uniform Building Code to minimize total consumption of energy, · Applicants shall be required to comply with applicable mitigation measures in the Air Quality Attainment Plan, District Rules, Traffic Control Measures, Regulation VIII and Indirect Source Rules for the SJVUAPCD. · The developer shall petition the Golden Empire Transit District (GET) to conduct a service study to determine if the Project site warrants being annexed into the GET operational system. · If the GET service study indicates that the development qualifies for addition to the GET system, specific bus turnouts and shelters shall be located at appropriate locations to serve residential sites within the Project area in consultation with the Golden Empire Transit District. The bus turnouts and shelters shall be planned by developers in the Project area and local transportation coordinating entities to encourage the efficient and practical use of public transit entities servicing the Project area. · The developer shall comply with the provisions of SJVAPCD Rule 4601 Architectural Coatings, during the construction of all buildings and facilities. Application of architectural coatings shall be completed in a manner that poses the least emissions impacts whenever such application is deemed proficient. · The developer shall comply with the provisions of SJVAPCD Rule 4641 during the construction and pavement of all roads and parking areas within the Project area. Specifically, the developer shall not allow the use of; · Rapid cure cutback asphalt; · Medium cure cutback asphalt; · Slow cure cutback asphalt (as specified in SJVAPCD Rule 4641, Section 5.1,3); · Emulsified asphalt (as specified in SJVAPCD Rule 4641, Section 5,1.4. Page 3 of 9 _._-,,---- . ---...--..-.......--- -.-...-- ..-.---.-,-".,.,-,-- ._...._- Exhibit C GPNZC No. 05-0414 Mitigation/Conditions of Approval 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 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. 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 Page 4 of 9 £.--.--">-^...-.". ~--_._._- -_._--._---_..-- Exhibit C GPA/ZC No. 05-0414 Mitigation/Conditions of Approval 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. 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. Page 5 of 9 Exhibit C GPA/ZC No. 05-0414 Mitigation/Conditions of Approval 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 which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. Residential/Industrial Interface: 5. An 8-foot tall masonry wall (measured from the finished grade of the abutting residential lots) shall be constructed along all residential property lines which abut industrially zoned property, These walls shall be included on all applicable subdivision maps for the GPA/ZC area and shall be constructed prior to the recordation of each affected phase. This wall shall not interfere with any easements and shall not have any gaps or openings. 6. The minimum depth for a lot with a rear yard abutting industrially zoned property shall be 140 feet. 7. The minimum width for a lot with a side yard abutting industrially zoned property shall be 100 feet. 8, With the recordation of final subdivision maps within the GPAlZC area, notices shall be recorded for all residential lots disclosing their proximity to industrially zoned properties and specifying the uses permitted and conditionally permitted within the industrial zone(s) contiguous to the GPAlZC area. If there are no industrially zoned properties contiguous to the GPAlZC area at the time of final map recordation, this condition shall not be in force, Page 6 of 9 Exhibit C GPAlZC No. 05-0414 Mitigation/Conditions of Approval Public Works: 9, 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 Cottonwood Road and White Lane to arterial local standards for the full frontage 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. This GPAlZC area is too small to support its own storm drainage sump, For storm drainage, only 1 sump will be allowed to serve the entire GPAlZC area, This sump must be located on the periphery of the GPAlZC area so that additional area may be served. The City's policy is no more than one sump per 80 acres of residential development. The developer shall cooperate in the formation of a Planned Drainage Area over the north half of the section. c, Sewer service must be provided to the GPAlZC area. The developer shall be responsible for the initial extension of the sewer line to serve the property. This sewer line must necessarily be sized to serve a much larger area that the project area. The City is willing to aid the developer in the formation of a Planned Sewer Area and/or an Assessment District to provide a mechanism for the reimbursement of oversizing costs to the developer. 10. The entire area covered by this GPAlZC 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 GPAlZC area. 11, Developer shall pay median fees for Cottonwood Road and for East White Lane within the boundaries of the GPAlZC area, The payment of these fees may be phased to match the construction phasing of the project. 12. 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 Page 7 of 9 Exhibit C GPAlZC No. 05-0414 Mitigation/Conditions of Approval eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. 13. 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. Bakersfield Municipal Airport Compatibilitv: 14. With the recordation of final subdivision maps within the GPAlZC area, overflight easements shall be granted to the City of Bakersfield for all residential lots. Overflight easements shall grant all rights deemed necessary by the City of Bakersfield to ensure that the development of said property will neither impede airport operations nor result in flight hazards, including but not limited to the following: to make flights and associated noise in airspace over said property; to regulate or prohibit the release of any substance into the air which might interfere with aircraft operations; to regulate or prohibit light emissions which might interfere with pilot vision; and to prohibit electrical emissions which might interfere with aircraft communications systems or aircraft navigational equipment. 15. With the recordation of final subdivision maps within the GPAlZC area, a notice shall be recorded on the deeds of all residential lots disclosing that the properties are in an area subject to aircraft overflights, and as a result, residents may experience inconvenience, annoyance and discomfort arising from the noise of such operations. The notice shall also state that State law establishes the importance of public use airports for the protection of the public interest of the people of the State of California and that residents of property near a public use airport should, therefore, be prepared to accept such inconvenience, annoyance and discomfort from normal aircraft operations. Citv Attornev: 16, 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 Page 8 of 9 . - -_._._._~ _.__._-~--~-- ..-..-...-.-. "---'---'--'-'-"--'--- Exhibit C GPAlZC No. 05-0414 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 9 of 9 -- ~.._._----- .-.....-.----.-- 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 15th day of December, 2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No, 4287 passed by the Bakersfield City Council at a meeting held on the 14th day of December, 2005 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06,020 (ZONING MAP 124-16) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM M-1 (LIGHT MANUFACTURING) TO R-2 (LIMITED MULTIPLE FAMILY DWELLING ZONE) ON 9 ACRES AND FROM M-3 (HEAVY INDUSTRIAL) TO R-2 ON 31 ACRES, GENERALLY LOCATED ON THE EAST SIDE OF COTTONWOOD ROAD BETWEEN EAST WHITE LANE AND BROOK STREET (ZC NO, 05-0414) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By: ~~~ ~ DEPU Cit lerk S:\DOcUMENTlFORMS\AOP. ORD .wpd ~~M§I» C> ~ >- - I- m _ r- tJ {:) rlPtf::IMAL