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HomeMy WebLinkAboutRES NO 019-07 RESOLUTION NO. RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 06-0940, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED ALONG THE NORTH SIDE OF HIGHWAY 178, EAST OF THE FUTURE EXTENSION OF VINELAND ROAD, SOUTH OF CITY HILLS DRIVE, AND WEST OF CANTERIA DRIVE. 019.. 07 WHEREAS, Mountain View Bravo, LLC c/o Mcintosh & Associates, filed a application requesting a General Plan Amendment, change of zoning of that certain property within the City of Bakersfield as hereinafter described; and WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the provisions of Section 65353 of the Government code, held a public hearing on Monday, December 18,2006, and on Thursday, December 21, 2006, on General Plan Amendment No. 06-0940, notice of the time and place of hearing having been given at least thirty (30) calendar days before said hearing by publication in The Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, General Plan Amendment No. 06-0940, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 06-0940: Mcintosh Associates for Mountain View Bravo, LLC applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from GC (General Commercial) and LR (Low Density Residential) to LMR (Low Medium Density Residential) on 47.25 acres, generally located along the north side of Highway 178, east of the future extension of Vineland Road, south of City Hills Drive, and west of Canteria Drive; and WHEREAS, an Initial Study was conducted for General Plan Amendment No. 06-0940 and it was determined that the proposed project would not have a significant effect on the environment; therefore, a Negative Declaration was prepared in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, 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; and WHEREAS, by Resolution No. 254-06 on December 21, 2006, the Planning Commission recommended approval and adoption of General Plan Amendment No. 06-0940 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, February 7, 2007, on General Plan Amendment No. 06-0940, 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 Page 1 of 3 ~ <o"'K~~ o ~ >- - I- ~ "0 t:l ORIGINAL WHEREAS, the Council has considered and hereby makes the following findings: 1. The above recitals and findings are true and correct. 2. The Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 254-06 on December 21, 2006: a. All required public notices have been provided. b. The provisions of CEQA have been met. c. Based upon the Initial Study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Negative Declaration was prepared for the project in accordance with CEQA. d. The public necessity, general welfare and good planning practices justify the amendment to the Land Use Element of the Metropolitan Bakersfield General Plan. e. The land use designation change from GC (General Commercial) and LR (Low Density Residential) to LMR (Low Medium Density Residential) on 47.25 acres is compatible with the land use designations of surrounding properties and is intemally consistent with the Metropolitan Bakersfield General Plan. 3. That the applicant by prior written agreement to comply with all adopted mitigation measures contained within the Negative Declaration. 4. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the development. NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY OF BAKERSFIELD as follows: 1. The above recitals and findings incorporated herein are true and correct. 2. The Negative Declaration for the General Plan Amendment No. 06-0940 is hereby approved and adopted. 3. The report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. 4. The City Council hereby approves and adopts General Plan Amendment No. 06- 0940, constituting changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth, for property generally located along the north side of Highway 178, east of the future extension of Vineland Road, south of City Hills Drive, and west of Canteria Drive listed in Exhibit "A." Page 2 of 3 ~ '(,"'K~J?U' () '<' >- r I- r '0 r ORIGINAL 5. That General Plan Amendment No. 06-0940, approved herein, be combined with other approved General Plan Amendment cases in this same cycle described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan. . ---------000-------- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted bv thA Council of the City of Bakersfield at a regular meeting thereof held on February 7,2007 and effect; ve on February 28, 2007 by thvollli>>Rng uw-tev-- a.--- ~ ~ COUNCILMEMBER CARSON. BENHAM. WEIR. COUCH. HANSON. SULLIVAN. SCRIVNER NOES: COUNCILMEMBER ~~TAIN: COUNCILMEMBER C ENT;-J COUNCILMEMBER ~.J a~m~ PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk 0 Council of the City of Bakersfield APPROVED HARVEY .HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attomey By: ~1(h ~ Exhibit A - Mitigation/Conditions of Approval B - General Plan Amendment Map CG - S:\GPA 4th 2006\06-0940\Resolutions\CC Resolution GPA 06-0940.doc Page 3 of 3 ~ <o"'K~~ o ~ >- - I-- m - r- o t:l ORIGINAL Exhibit A Mitigation/Conditions of Approval <o"'K~~ ~ ~ >- - I- ~ o t:l ORIGINAL EXHIBIT A Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 06-0940 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Ai r Quality Upon submittal of tentative tract or site plan for approval, 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: 1. In addition to compliance with San Joaquin Valley Air Pollution Control District (SJVAPCD) Regulation VIII and the City of Bakersfield air quality regulations, the following mitigation measures shall be utilized during the construction phase of the project to further reduce particulate dust and equipment exhaust emissions: a. Cover all access roads and parking areas with asphalt-concrete paving. b. Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials. c. Use water sprays or chemical suppressants on all paved areas to control fugitive emissions. d. Enclose, cover or water all stockpiled soils to reduce fugitive dust emissions. e. Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period). f. Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the construction site. g. All haul trucks should be covered when transporting loads of soil. h. Wash off construction and haul trucks to minimize the removal of mud and dirt from the project sites. i. Properly and routinely, maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. j. Shut down equipment when not in use for extended periods to reduce emissions associated with idling engines. k. Encourage ride sharing and use of transit transportation for construction employee commuting to the project sites. I. Use electronic equipment for construction whenever possible in lieu of fossil fuel-fired equipment. Mitigation for potentially significant air quality impacts. 2. The following transportation control measures and design features shall be incorporated into the project to reduce emissions from mobile sources: a. Improve street and traffic signals for those intersections and street segments that the proposed project contributes traffic. b. Use 10w-NOx emission water heaters. c. Provide shade trees to reduce building cooling requirements. d. Install energy-efficient and automated air conditioners. e. Exterior windows shall all be double-paned glass. S:\GPA 4th 2006\06-0940\Staff Reports\Conditions Ex A.doc ~ ~f>..Ktti)> () ~ >- - I-- m - r- C> (;:) Pag~f;jI(~t~L EXHIBIT A GPAlZC No. 06-0940 Mitigation/Conditions of Approval f. Energy-efficient (low-sodium) parking lights shall be used. g. Use EPA-approved wood burning stoves, fireplace inserts or pellet stoves in lieu of conventional fireplaces. Mitigation for potentially significant air quality impacts. Bioloaical Resources 3. Prior to the issuance of a grading permit, the project applicant shall pay a development fee in accordance with the Metropolitan Habitat Conservation Plan (MBHCP). Mitigation for potentially significant biological resource impacts. 4. Prior to the issuance of a grading permit on the project site, the project proponent shall comply with all appropriate terms and conditions of the MBHCP. The MBHCP requires certain take avoidance measures for the San Joaquin kit fox. MBHCP guidelines regarding tracking and excavation shall be followed to prevent entrapment of kit fox in dens. Specific measures during the construction phase of the project shall be implemented and include the following: a. A qualified biologist shall conduct a preconstruction clearance survey of the project site within 30 days of initial ground disturbance in accordance with the provisions of the MBHCP. It is recommended that any identified San Joaquin Kit Fox dens or Burrowing Owl nest sites be monitored, excavated, and backfilled in accordance with the recommendations of the MBHCP, the CDFG, and the USFWS. In accordance with CDFG recommendations, the preconstruction clearance survey shall be conducted on no more than 50-foot intervals. b. Prior to construction, all construction personnel shall be trained by appropriate personnel in sensitive species identification and avoidance techniques and be instructed to be on the lookout for kit fox sign during earth disturbance phases of construction. Any evidence, such as dens, should be reported to the reviewing agencies for resolution. c. Excavations shall either be constructed with escape ramps or covered to prevent kit fox entrapment. All trenches or steep-walled excavations greater that three feet shall include escape ramps to allow wildlife to escape. Each excavation shall contain at least one ramp, with long trenches containing at least one ramp every X mile. Slope of ramps shall be no steeper than 1: 1. d. All pipes, culverts or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry of kit fox. If they are not capped or otherwise covered, they will be inspected prior to burial or closure to ensure no kit foxes, or other protected species, become entrapped. e. All food, garbage, and plastic shall be disposed of in closed containers and regularly removed from the site to minimize attracting kit fox or other animals. Mitigation for potentially significant biological resource impacts. 5. Prior to the issuance of a grading permit, the project applicant shall comply with the following raptor nest mitigation: a. If site grading is proposed during the raptor nesting season (February-September), a qualified raptor biologist shall conduct a focused survey for raptor nests prior to grading activities in order to identify active nests in areas potentially impacted by project implementation. b. If construction is proposed to take place during the raptor nesting/breeding season (February - September), no construction activity shall take place within 500 feet of an active nest lt~W~ the young have fledged (as determined by a qualified raptor biologist). Any nests tha~ust 0>~ >- - ':: ~ (.) t:l PageQRiOl'JAL S:\GPA 4th 2006\06-0940\Staff Reports\Conditions Ex A.doc EXHIBIT A GPAlZC No. 06-0940 Mitigation/Conditions of Approval be removed as a result of project implementation shall be removed during the non-breeding season (October-January). c. Preconstruction surveys shall include a survey for burrowing owl. If active burrowing owl burrows are detected outside of breeding season (September 1 through January 31), passive and/or active relocation efforts may be undertaken if approved by CDFG and USFWS. If active burrowing owl burrows are detected during breeding season (February 1 through August 31), no disturbance to these burrows shall occur without obtaining appropriate permitting through the Migratory Bird Treaty Act. Mitigation for potentially significant biological resource impacts. 6. A formal jurisdictional delineation will be conducted. If project development would impact jurisdictional areas, a Clean Water Act, Section 404 permit from USACE and/or a CDFG Section 1601 Streambed Alteration Agreement will be obtained from USACE and/or CDFG respectively prior to the issuance of a grading permit and/or approval of plans and specifications. USACE and CDFG typically require mitigation plans to be prepared prior to the loss of habitat within jurisdictional areas. Mitigation for potentially significant biological resource impacts. 7. The following invasive exotic plants shall not be used in any project residential or commercial landscaping: tamarisk (all species) and pampas grass. In addition, vegetation at any ponds or water features shall be managed in a way such that none of the invasive exotic plants listed by the Department of Agriculture allowed to become established. Typical invasive exotic plants that can become problematic in this region include: water hyacinth and pampas grass. Mitigation for potentially significant biological resource impacts. 8. During construction, site boundaries shall be clearly marked with flagging, fencing, or other suitable material to prevent construction equipment and vehicles from impacting adjacent habitat areas potentially occupied by special status species. Mitigation for potentially significant biological resource impacts. Cultural Resources 9. If archaeological resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation. Any measures by the archaeologist shall be complied with at that time. Mitigation for potentially significant cultural resource impacts. 10. 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. Mitigation for potentially significant cultural resource impacts. 11. A paleontological monitoring program that includes the following measures shall be implemented to reduce potential impacts on the Sharktooth Hill bone bed. S:\GPA 4th 2006\06-0940\Staff Reports\Conditions Ex A.doc ~ <o"'K~~ () ~ >- - I- m _ r-- Page ~~f&NAr EXHIBIT A GPAlZC No. 06-0940 Mitigation/Conditions of Approval a. Prior to grading, a paleontologist shall be retained, attend a pre-grading meeting, and set forth the procedures to be followed during the monitoring program. b. One paleontological monitor that is trained and equipped to allow rapid removal of fossils with minimal construction delay is expected to be sufficient. Full-time monitoring of the portions of the project site that have earth-disturbing activities at elevations between 600 feet and 700 feet shall be provided. c. If fossils are found within an area being cleared or graded, earth-disturbing activities shall be diverted elsewhere until the monitor has completed salvage of the fossils. If construction personnel make the discovery, the grading contractor shall immediately divert construction and call the monitor to the site. Major salvage time may be shortened by grading contractor's assistance. d. The project paleontologist shall prepare, identify, and curate all recovered fossils. Upon completion of grading, the project paleontologist shall prepare a summary report documenting mitigation and results, with itemized inventory of collected specimens. The paleontologist shall submit the report to the City of Bakersfield Planning Department, designation depository, and any other appropriate agency, and transfer fossil collection to a depository within the City of Bakersfield or County of Kern. The summary report shall be submitted to the City. This submittal will signify completion of the program to mitigate impacts on paleontological resources. Mitigation for potentially significant paleontological resource impacts. Hazards and Hazardous Materials 12. Prior to the issuance of grading permits, the grading plans shall specify that in the event that hazardous waste is discovered during site preparation or construction, the property owner/developer shall ensure that the identified hazardous waste and/or hazardous material is handled and disposed of in the manner specified by the State of California Hazardous Substances Control Law (Health and Safety Code, Division 20, Chapter 6.5) and according to the California Administrative Code, Title 30, Chapter 22. Mitigation for public safety and welfare. 13. The applicant shall handle and dispose of all hazardous materials and wastes during the operation and maintenance of facilities in accordance with state codes. Mitigation for public safety and welfare. 14. Prior to the issuance of grading permits, the grading plans shall specify that in the event that any abandoned or unrecovered oil wells are uncovered or damaged during excavation or grading, remedial plugging operations will be required. Mitigation for public safety and welfare. 15. No structures are to be located over a previously plugged or abandoned well. Mitigation for public safety and welfare. Noise 16. Prior to the issuance of building permits, the project applicant shall reduce noise levels on the project residences by setting residential uses back from the roads by a distance equal to or greater than the 65 dB CNEL contour. For the future alignment of SR 178, the minimum setback distance shall be 188 feet. As an alternative to setbacks, the project applicant could use ~"Ff~ o ~ >- - I-- m Page 4 of 85' S:\GPA 4th 2006\06-0940\Staff Reports\Conditions Ex A.doc ORIGINAL EXHIBIT A GPAlZC No. 06-0940 Mitigation/Conditions of Approval walls to mitigate traffic noise levels. The exact height and placement of sound-walls would depend on lot design and grading. Walls in the range of 6 to 10 feet probably would suffice for most situations. When lot design and grading are established, an acoustical consultant shall establish necessary wall heights and locations. Mitigation for potentially significant noise impacts. Traffic 17. Prior to the issuance of building permits, the project applicant shall comply with the Metropolitan Bakersfield Transportation Impact Fee Program. These improvement fees shall be used to provide related improvements listed on pages 44 and 45 in Appendix C of the City in the Hills Draft EIR, prepared by Michael Brandman Associates, February 2002. In addition, the applicant's funding calculations for all improvements associated with the fee program shall be submitted to the City for review and approval. The following improvements shall be included within the improvement list. The following traffic signals shall be installed in the year 2020: · Panorama Drive and Morning Drive · Morning Drive and Auburn Street · Paladino Drive and Fairfax Road · Vineland Road and SR 184 · Paladino Drive and Morning Drive The following roadway segment shall be installed in the year 2020: · Install lanes of pavement on Paladino Drive and Fairfax Road to Masterson Street. · Install 2 additional lanes of payment on Kern Canyon Road from SR 178 to Niles Street Mitigation for potentially significant traffic impacts. 18. Prior to the issuance of building permits, the project applicant shall provide its fair share of funding toward the following improvements. At the time of issuing building permits, the applicant's funding calculations for all improvements associated with the fee program shall be submitted to the City for review and approval. Traffic signals shall be installed at the following locations in the years 2010 and 2020: Year 2010 (Project One-Half Buildout) · Vineland Road and Interior Collector Street · Panorama Drive and Interior Collector Street (2 locations) . Panorama Drive and Masterson Street . Morning Drive and SR 178 · Masterson Street (SR 184) and Old SR 178 . Vineland Road and SR 178 Year 2020 (Full Project Buildout) . SR 184 and Chase Avenue . Queen Street and Paladino Drive · Alfred Harrell Highway/Comanche Drive and SR 178 The following roadway segments shall be installed in the year 2010: Year 2010 (Project One-Half Buildout) · Install Vineland Road between SR 178 and Collector Loop Street ~ <o~K~~ o ~ >- - I- rn _ r- o t:l Page 5'1d~NAL S:\GPA 4th 2006\06-0940\Staff Reports\Conditions Ex A.doc EXHIBIT A GPAlZC No. 06-0940 Mitigation/Conditions of Approval · Install half width of SR 178 and Masterson Street along the project frontage. · Install 2 lanes of pavement on Panorama Drive from Morning Drive to Queen Street · Install 2 additional lanes of pavement on Old SR 178 from Fairfax Road to Alfred Harrell Highway/Comanche Drive Mitigation for potentially significant traffic impacts. 19. Prior to the issuance of a building permit, the project applicant shall provide funding for the future realigned SR 178 between Fairfax Road and Alfred Harrell Highway/Comanche Drive. The funding will be for that portion of the future realigned SR 178 which is determined to be the obligation of local development. The project's share of traffic on SR 178 is 7.5 percent. Mitigation for potentially significant traffic impacts. 20. Prior to the issuance of a building permit, the project applicant shall provide the City of Bakersfield with a phasing plan of the onsite roadway segments. The project applicant shall install the following roadway segments that are not part of the Metropolitan Bakersfield Transportation Impact Fee Program: Install Panorama between Queen Street and Masterson Street I nstall the onsite Collector Loop Street Install Valley Lane between Panorama Drive and Paladino Drive I nstall Queen Street between Panorama Drive and Paladino Drive Mitigation for potentially significant traffic impacts. ADDITIONAL CONDITIONS OF APPROVAL: Traffic (Public Works) 21. Along with the submittal of any development plan, prior to approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur: a. Provide fully executed dedication for Vineland Road, City Hills Drive to arterial or collector standards and Hwy 178 to freeway standards plus any necessary slope easements for the full frontage of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and on and off ramps 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 within the Breckenridge drainage area and the developer shall follow the requirements, build the proposed improvements and pay the necessary fees of the area. If the entire Breckenridge drainage area improvements have not been constructed, temporary drainage basins may be required to be constructed within the GPAlZC area and remain in place until all of the infrastructure is constructed. c. This area is within the Northeast Sewer Area and the developer shall follow the requirements, build the proposed improvements and pay the necessary fees of the area. Submit verification to the City Engineer of the Northeast sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. S:\GPA 4th 2006\06-0940\Staff Reports\Conditions Ex A.doc ~ ~A.K~-9 o ~ >- - I-- m - r- <.) t::1 Page 6 ~INAL EXHIBIT A GPAlZC No. 06-0940 Mitigation/Conditions of Approval d. 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. 22. 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. 23. 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. 24. Minimum curb to curb width within the GPAlZC area (including the PUD) is 36 feet. For orderly development 25. Access to the project area from Vine/and Road Avenue is provided by a sub-standard road. 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 road, with 8' 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. For orderly development. 26. We recommend that the development be required to pay into the adopted Regional Traffic Impact Fee fixed rate program. For orderly development. 27. This GPAlZC is subject to Transportation Impact Fee Agreement No. 04-277. For orderly development. Native American Cultural Resource Mitiaation Measures CPlannina) 28. Prior to any ground disturbance, all earth moving contractors and employees shall attend a "tailgate" session informing them of archeological resources that could be discovered and protection measures to be followed for the project. The orientation shall be conducted by a qualified archaeologist and shall include information regarding Native American cultural resources, summary of applicable environmental law, procedures to follow if potential artifacts are found, and measures intended to reduce impacts. Mitigation for potentially significant cultural resource impacts. S:\GPA 4th 2006\06-0940\Staff Reports\Conditions Ex A.doc ~ ~fJ..k~-9 () ~ ~ .- I-- m - ,... o t:l Page 7<dfliP1NAL EXHIBIT A GPAlZC No. 06-0940 Mitigation/Conditions of Approval 29. Prior to grading plan approval, the applicant's archaeologist shall submit a summary report to the Planning Director verifying the following: 1) when and where the session took place; 2) topics discussed in the session; and 3) session attendance roster. Mitigation for potentially significant cultural resource impacts. City Attorney 30. 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. a. 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. b. 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. S:\GPA 4th 2006\06-0940\Staff Reports\Conditions Ex A.doc ~ <o"'K~~ a ~ >- ..- I-- rn - r- Page 8<61 8 l::J ORIGINAL Exhibit B General Plan Amendment Map ~ <ofl..k~1> C) ~ >- - I-- rn - r- o t:l ORIGINAL o ~ 0) o I (0 o ..... Z W ~ o z w ~ <( z <( --J a.. --J <( ~ w z w (!) ~ !S ~ II: ~ g~ <"!. - 9i !S ~ ~ ~ ~~ _ 01 00- o Rl ~ g .- 133~lS NOS~31S\tW ~g CO 8 !S !S !S r !S !S !S !S !S J. fQr..K~--9 ;;,... ~ I-- - _ m o r- t:l ORIGINAL CITY OF BAKERSFIELD GENERAL PLAN LAND USE DESIGNATIONS General Plan Street Classification Freewavs provide service to through traffic exclusively with no access to abutting property and no at-grade intersections. EXDresswavs are arterial highways with partial control of access which mayor may not be divided or have grade separations at intersections, and may be an interim facility for an ultimate freeway. Arterials are used primarily by through traffic with a minimal function to provide access to abutting property. Collectors function to connect local streets with arterials and to provide access to abutting property. Locals are exclusively for property access and through traffic is discouraged. ~ <oPo.k( ~. ~ % '= m o t; ORIGINAL S:\Fonns\zone-gp.doc