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Home My WebLink AboutORD NO 4404 ORDINANCE NO. '140 I AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.060.020 (ZONING MAP NO. 124-28) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-S-20A (RESIDENTIAL SUBURBAN - 20 ACRE MINIMUM) TO R-1 (ONE FAMILY DWELLING) ON 100-ACRES, GENERALLY LOCATED ON THE SOUTH SIDE OF EAST PANAMA LANE, 1/4-MILE EAST OF COTTONWOOD ROAD. (ZC NO. 05-1428) 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 in the south side of East Panama Lane, 1/4-mile east of Cottonwood Road; and WHEREAS, by Resolution No. 183-06 on September 21, 2006, the Planning Commission recommended approval and adoption of an ordinance amending Title'17 of the Municipal Code to approve Zone Change No. 05-1428 as delineated on attached Zoning Map 124-28 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 R-S-20A (Residential Suburban - 20 acre minimum) to R-1 (One Family Dwelling) on 100-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 11, 2006, 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. 183-06, adopted on September 21,2006: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 3. 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 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. ~ fQ"I(~~ o ~ ;:.... - ~ m _ r- (,) 0 ORIGINAL 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 CECA 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 124-28 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. 05-1428. ~ fQ"I(~~ o % ~ - t- m - r- (,) 0 ORIGINAL 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-------.- ~ <Q"I(~~ o ~ ;:.... - ~ m _ r- (,) 0 ORIGINAL 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 DFC 1::1 7006 by the following vote: C,~y~ NOES: ABSTAIN: ABSENT: v ,...-. v./ // COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: DEe 13 2006 APPROVED ~~ HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: ~Jth ~ Exhibit A - Zoning Map 124-28 B - Zone Change Legal Description C - Mitigation/Conditions of Approval PAMELA A. McCART CITY CLERK and Ex 0 Icio Clerk of the Council of the City of Bakersfield - JS - S:\GPA 3rd 2006\05-1428\Resolutions\CC Ordinance ZC.05-1428.doc ~ fQ"I(~~ o % ~ - ~ rn - r- (,) C) ORIGINAL Exhibit A Zone Map 124.28 ~ fQ"I(~~ c ~ ;:.... rn t- r- c:; 0 ORIGINAL .. I w_ .. i Ii. - Ii' ~ .. 9 99 ;I , II II! I. r;! ! Ii II 3 ! I .. I I I.. I 11~1!~I;j~i~jlll. U!'. !I 1III'il:': -', a~;; I "IIIII."I"'JlJ&~;!lli IHI;' =1 l.... , .., '!ei: i,a~~~~; ~~"li.l.. u_I.I!i, .151 ...,sa ',. . . t~~ · ;!J t;.i;f:iiij;~Hiilii f'ui~i!IHI;;;!l- :Ie!) j 1" ~il!u..e..o:'..rlhel::lol i.;~~J~:::!=i"'"'' 'II.'~' JJaci lriii.ii!ln:ii~H-i .liUi.lni!Uld~gll' ozm. 0"'1' ~.: ~o' ~., 5N~ ~Ii . '~. I": ~ I , . ~., \ ~. :~ bg '.. ~ l .1 e;;I ili I ~ -- ---:~ s~ i~ &3 , .i.:!. ."..t! ..' i ~;.aa ..- · " ,.Ia'-::" o&i ;.":'! ~ 11II.... ..' .1.- , " ~. r" ~~. : ~ ...." · : .~:. "<.t': ' It ~ .~. 'I~ I r . f,' ' co. C\Jm I a: q- '~ . . \ '. ?;" '. ... ....... ... .. ir. IE .....it.:. ir 8~;""'--'" "; . ~ :. . . ~ .. .'''',,;,;';,''1 I ',.~' , :fe....".. . c.... c..vv~..~.rcc~a ot..t....~1 , , .., ZONE CHANGE 05-1428 .............---.....-... '''''.. } '. I . t ': ~ '. r 1 " I' ' r .. 1 " . .1 : .. I' ;;, , 1 , 1 I' I I I 'j, '. " , "" ---,-- J r-J __.oJ I' fl1 '. I \. I . I I . . . ' Z. , . \"1. I I ... 0:: ~ c( o ('Ill ~ I z -----.;..---, :!s ,I .... _______J ': ~ .~ .. g: + " . ' .-;.._- _.. ....-.. '.'. . ..... , . ", ~ c , " ';.;,. .. :: i , , .. . .". ,'. a t t' : , . . "--<, -. i ill Ii. .!.. .' "'.' !II "I, '. , .' ..I.....:~ '\ . ~I<:~~ .. .... >- t: (,) , ORIGIN A . Z<>NINGMAP 124-28 ..... s c. " ... . '\ , J " -~ "-~ - ... e Exhibit B Zone Change Legal Description e ~ fQ"I(~~ o % ;:... - ~ fT'1 _ r- (,) C:I ORIGINAL , . EXHIBIT "A" LEGAL DESCRIPTION PARCELS 3 AND 4 OF PARCEL MAP WAIVER NO. 1052 AS EVIDENCE BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED IN BOOK 6205, PAGE 2061 OF OFFICIAL RECORDS, IN THE COUNTY OF KERN, STATE OF CALIFORNIA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: . PARCEL 3: THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, T. 30 S., R. 28 E., MOUNT DIABLO MERIDIAN. PARCEL 4: THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, T. 30 S., R 28 E., MOUNT DIABLO MERIDIAN. EXCEPTING THEREFROM THE NORTH 30,00 FEET OF SAID PARCELS 3 AND 4. ~ ~~I(~~ c ~ )0.. - t:: ~ t.J ' <::) ORIGINAL . . EXHIBIT .. A" LEGAL DESCRIPTION PARCEL 1 THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 30 SOUTH, RANGE 28 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE UNINCORPORATED AREA., COUNTY OF KERN, STATE OF CALFORNlA, AS PER THE OFFICIAL PLAT THEREOF ON Fn..E, AND DESCRIBED AS PARCEL B AS PER CERTIFICATE OF COMPLIANCE, LOT LINE ADJUSTMENT NO. 8-91, RECORDED MARCH 19, 1991, IN BOOK 6498, PAGE 2497 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THE NORTH 30 FEET THEREOF. ALSO EXCEPTING THEREFROM ALL On.. AND GAS AS RESERVED IN DEEDS OF RECORD, PARCEL 2 THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 30 SOUTH, RANGE 28 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE UNINCORPORATED AREA., COUNTY OF KERN, STATE OF CALIFORNIA, AS PER THE OFFICIAL PLAT THEREOF ON Fn..E, AND DESCRIBED AS PARCEL A AS PER CERTIFICATE OF COMPLIANCE, LOT LINE ADJUSTMENT NO. 8-91, RECORDED MARCH 19,1991 IN BOOK 6498, ' PAGE 2497 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THE NORTH 30 FEET THEREOF. ALSO EXCEPTING THEREFROM.ALL OIL AND GAS AS RESERVED IN DEEDS OF RECORD. ~ fQ"I(~~ ~ % I- - _ m (,) r- (:) ORIGINAL ~ . EXHlBIT "A" LEGAL DESCRIPTION ALL OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 30 SOUTH, RANGE 28 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA ' EXCEPT THE NORTH 30 FEET THEREOF. ALSO EXCEPT AN UNDIVIDED 1h OF ALL On., GAS AND OTHER HYDROCARBONS IN SAID LAND. ALSO EXCEPT ALL OIL, GAS HYDROCARBON SUBSTANCES AND MINERlALS L YlNG IN OR UNDER SAID LAND. ~ fQAI(~~ C % ~ - ~ m - r- <.:> I::) ORIGINAL e Exhibit C Mitigation/Conditions of Approval e ~ fQ"I(~~ o ~ ~ - t- m - r- o (::) ORIGINAL EXHIBIT A.1 Conditions of Approval General Plan Amendment/Zone Change No. 05-1428 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Air Qualitv Impact Mitioation Measures 1, With submittal of tentative tract map application, the applicant/developer of the project site shall submit documentation to the Planning Department that they will/have met the following air quality mitigation measures: a, The following mitigation measures shall be utilized during the construction phase of the project to reduce construction exhaust emissions: . 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 employees commuting to the project sites, . 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, 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 can reduce fugitive dust emissions associated with these projects: . 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, . All onsite unpaved roads and offsite unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. . All land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application . When materials are transported offsite, all materials 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 accumulation of mud or dirt:1~~k~~<S' ~ "1'\ I- m - t- o <:) ORIGINAL Exhibit A - 1 Conditions of Approval GPAlZC 05-1428 Page 2 of 6 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 stabilizer/suppressant. . 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, . Any site with 150 or more vehicle trips per day shall prevent carryout and trackout. . 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. . Cease grading activities during periods of high winds (greater than 20 mph over a one- hour period), . Limit construction-related vehicle speeds to 15mph on all unpaved areas at the construction site, . Implementation of carryoutltrackout mitigation measures, such as gravel pads, in accordance with the requirements of the SJVAPCD Regulation VIII. c, The following mitigation measures can utilized during the operations phase of the project to reduce emissions: . To encourage pedestrian traffic, prior to the completion of the construction phase, the developer shall install sidewalks throughout the project. Culturallmoact Mitication Measures: 2. If archaeological resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation, Mitigation for potentially significant cultura/ resource impacts, 3, If human remains were 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, Mitigation for potentially significant cultural resource impacts, Traffic Imoact Mitication Measures: 4, Prior to issuance of any building permit, the developer shall pay the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of Bakersfield Public Works Department. Mitigation for potentially significant traffic and circulation impacts. fQ"l(s: ~ '9($' ~ ~ ~ m (3 l; ORIGINAL Exhibit A - 1 Conditions of Approval GPAlZC 05-1428 Page 3 of 6 5, Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee nor include with normal development improvements) as indicated in Tables 7 of the traffic study (percentages have been adjusted from table per City & State policy to base share on percent of new traffic only) (Pinnacle Civil Engineering, December 2005), 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, Panama Ln & So, H St, Add 1 NBL, 1 SBT, 1 EBT, 1 WBT1, 4.77 % share b, Panama Ln & Weed patch Hwy (SR 184), Add 1 NBT, 1 NBR, 1 SBT, 1 SBR, 1 EBL, 1 WBL, 8,11% share c, Cottonwood Rd, Planz Rd to Pacheco Rd, Add 1 lane each direction, 5,1% share d, Weed patch Hwy, SR 184, Panama Ln to Mtn, View Rd, Add 1 lane each direction, 6,5% share e, Cottonwood Rd & Pacheco Rd, Install Signal, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL, 1 SBR,4,93% share2 f, Union Ave & Panama Ln, Add 1 EBL3, 8,72% share2 g, Cottonwood Rd & Panama Ln, Add 1 WBL, 1 NBL, 1 SBL, 24,1 % share2 h, Cottonwood Rd & Berkshire Rd, Install Signal, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL, 8.33% share2 i. Cottonwood Rd & Hosking Rd, Install Signal, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL, 5,80% share2 j, Panama Ln, Cottonwood Rd to Union Ave, Add 1 lane each way, 10,73% share2 NOTE: NB - north bound, SB - south bound, WB - west bound, EB- east bound L - Left turn lane, T- Through lane, R - Right turn lane 6, Regional Transportation Impact Fee: Pay the standard residential fees, as adopted at time of development. Mitigation for potentially significant traffic and circulation impacts. ADDITIONAL CONDITIONS OF APPROVAL: Public Works: 7, Along with the submittal of any development plan, prior to approval of improvement plans, or application for a lot line adjustment, the following shall occur: a, Provide fully executed dedication for Panama Lane to arterial standards and for Washington Street (the north-south collector) to collector standards for the full frontage of the area within the GPA request. Provide fully executed dedication for Panama Lane from the west boundary of the GPAlZC area to the intersection of Cottonwood Road, 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, For orderly development. b, Submit a comprehensive drainage study to be reviewed and approved by the City Engineer, No more than 1 sump may be utilized to serve this area, The study shall be approved and any required retention site and necessary easements dedicated to the City, For orderly development, I This leg covered by the TIF 2 Added mitigation based on review of adjacent project traffic study 3 Striping only, ~ fQ"I(~~ o ~ ~ - ~ m - r- (,) 0 ORIGINAL Exhibit A - 1 Conditions of Approval GPAlZC 05-1428 Page 4 of 6 c, In order to preserve the permeability of the sump and to prevent the introduction of sediments from construction or from storm events, all retention and detention basins (sumps) shall have a mechanical device in the storm drain system to remove or minimize the introduction of oil, grease, trash, and sediments to the sump, This device shall be reviewed and approved by the City Engineer, and shall provide the greatest benefit to the storm drain system with the least maintenance cost. For orderly development. d, 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, This GPAlZC area will be served from Wastewater Treatment Plant #2, Fororderlydeve/opment. 8, 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, For orderly development. 9, Payment of median fees for the arterial frontage of the property within the GPAlZC request is required prior to recordation of any map or approval of any improvement plan for the GPAlZC area, For orderly development, 10, 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, For orderly development. 11, The Cottonwood Road crossing of the Arvin Edison Canal need widening; the Washington Street crossing of this canal must be constructed, Developer shall pay their proportionate share of the cost and shall aid in the formation of a Major Bridge and Thoroughfare District for the widening of the crossings, For orderly development, 12, Local Mitigation: Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee - RTIF nor included with normal development improvements) as indicated in Table 7 of the traffic study (percentages have been adjusted from table per City & State policy to base share on percent of new traffic only), 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. For orderly development, a, Panama Ln & So, H St, Add 1 NBL, 1 SBT, 1 EST, 1 WBT4, 4.77 % share b, Panama Ln & Weed patch Hwy (SR 184), Add 1 NBT, 1 NBR, 1 SBT, 1 SBR, 1 EBL, 1 WBL, 8,11 % share c, Cottonwood Rd, Planz Rd to Pacheco Rd, Add 1 lane each direction, 5,1 % share d, Weed patch Hwy, SR 184, Panama Ln to Mtn, View Rd, Add 1 lane each direction, 6.5% share e, Cottonwood Rd & Pacheco Rd, Install Signal, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL, 1 SBR, 4,93% share5 f, Union Ave & Panama Ln, Add 1 ESL6, 8,72% share2 4 This leg covered by the TIF 5 Added mitigation based on review of adjacent project traffic study 6 Striping only, ~ fQ~I(~-9 o ~ ~ - t- m - r0- o c::;, ORIGINAL Exhibit A - 1 Conditions of Approval GPAlZC 05-1428 Page 5 of 6 g, Cottonwood Rd & Panama Ln, Add 1 WBL, 1 NBL, 1 SBL, 24,1 % share2 h, Cottonwood Rd & Berkshire Rd, Install Signal, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL, 8,33% share2 i. Cottonwood Rd & Hosking Rd, Install Signal, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL, 5,80% share2 j, Panama Ln, Cottonwood Rd to Union Ave, Add 1 lane each way, 10,73% share2 NOTE: NB - north bound, SB - south bound, WB - west bound, EB - east bound L - Left turn lane, T- Through lane, R - Right turn lane 13, Regional Transportation Impact Fee: Pay the standard residential fees, as adopted at time of development. For orderly development. 14, Construct full improvements on the south side of Panama Lane from the west boundary of the GPAlZC area to the intersection of Cottonwood Road upon further development of the GPAlZC parcel. For orderly development, Bakersfield Municioal Airoort Comoatibilitv: 15, With the recordation offinal 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. 16, 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: 17, 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. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations ofthis condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or preceding, falling under this condition within thirty (30) days of actually receiving such claim, The City, in its sole discretion~ ~~ o ~ ~ - ~ m - ,.... (.) C) ORIGINAL Exhibit A - 1 Conditions of Approval GPAlZC 05-1428 Page 6 of 6 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. JS: S:\GPA 3rd 2006\05-1428\Staff Reports\Exhibit A-1 (Revise),doc ~ ~~/(~-9 <:) ~ ~ - ~ m - r- (,) t:7 ORIGINAL 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 14th day of December ,2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4404 passed by the Bakersfield City Council at a meeting held on the 13th day of December. 2006 and entitled: ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06,020 (ZONING MAP 124-28) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-S-20A (RESIDENTIAL SUBURBAN - 20 ACRE MINIMUM) TO R-1 (ONE FAMILY DWELLING) ON 100-ACRES, GENERALLY LOCATED ON THE SOUTH SIDE OF EAST PANAMA LANE, %-MILE EAST OF COTTONWOOD ROAD (ZC NO. 05-1428) PAMELA A, McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield ~~~ ~' By: \~\~I~.' ~~ DEPUTY Cit -tlerk S:\DOCUMENT\FORMS\AOP .ORD.wpd ~ fQ"I(~~ o % ;:.... - I- m _ r- (,) 0 ORIGINAL