HomeMy WebLinkAboutORD NO 4414
ORDINANCE NO.
4414
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 122-24)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A-20A
(AGRICULTURE 20-ACRE MINUMUM LOT SIZE) TO R-1 (ONE-
FAMILY DWELLING) ON 60-ACRES, LOCATED AT THE
NORTHEAST CORNER OF PANAMA LANE AND SOUTH
ALLEN ROAD (ZC 06-0925).
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 that certain property within the City of Bakersfield
generally located at the northeast corner of Panama Lane and South Allen Road; and
WHEREAS, by Resolution No. 265-06 on December 21, 2006, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 06-0925 as delineated on attached Zoning Map
122-24 marked Exhibit "A", by this Council and this Council has fully considered the
recommendations made by the Planning Commission as set forth in that Resolution and
restated herein; and
WHEREAS, the Planning Commission, as a result of said hearing, did make several
general and specific findings of fact which warranted a negative declaration of environmental
impact and changes in zoning of the subject property from A-20A (Agricultural 20-Acre
Minimum Lot Size) to R-1 (One-Family Dwelling) on 60-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
November 21,2006, in accordance with CEOA; and
WHEREAS, the general plan designation for this area allows for low density 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. 265-06, adopted on
December 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 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 CEOA.
4. The proposed project is consistent with the surrounding land uses.
5. The proposed project, as shown on Exhibit "A," is consistent with the
Metropolitan Bakersfield General Plan.
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6. The public necessity, general welfare and good planning practices justify the
requested zone change, as shown on Exhibit "A."
7. 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 within the City of Bakersfield, the boundaries of which property
are shown on Zoning Map 122-24 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. 06-0925.
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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.
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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 MAR 1 4 2007
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
.,/ ./ / / ./
COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER ~
COUNCILMEMBER I\~
COUNCILMEMBER t1nu..ch, <d1AJ1..l.1I~
d. rYkL
PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio erk of the
Council of the City of Bakersfield
APPROVED MAR 14 2007
HARVEY L. HALL
Mayor of the City of Baker
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: I}j~ lib ~
Exhibit A - Zoning Map 122-24
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
JS - S:\GPA 4th 2006\06-0925\Resolution\CC ZC Ordinance.doc
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Exhibit A
Z()ne Map 122-24
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CITY OF BAKERSFIELD
ZONING DISTRICT DESIGNATIONS
R-1 One Family Dwelling C-O Professional and Administration Office
6,000 sq.ft. minimum lot size
C-1 Neighborhood Commercial
E Estate
10,000 sq.ft. minimum lot size C-2 Regional Commercial
R-S Residential Suburban C-C Commercial Center
24,000 sq.ft.ldwelling unit
C-B Central Business
R-S-1A Residential Suburban
1 acre minimum lot size PCO Planned Commercial Development
R-S-2.5A Residential Suburban M-1 Light Manufacturing
2% acre minimum lot size
M-2 General Manufacturing
R-S-5A Residential Suburban
5 acre minimum lot size M-3 Heavy Industrial
R-S-10A Residential Suburban P Automobile Parking
10 acre minimum lot size
RE Recreation
R-2 Limited Multiple Family Dwelling
4,500 sq.ft. min lot size (single family) Ch Church Overlay
6,000 sq.ft. min lot size (multifamily)
2,500 sq.ft. lot area/dwelling unit OS Open Space
R-3 Multiple Family Dwelling HOSP Hospital Overlay
6,000 sq.ft. minimum lot size
1,250 sq.ft. lot area/dwelling unit AD Architectural Design Overlay
R-4 High Density Multiple Family Dwelling FP-P Floodplain Primary
6,000 sq.ft. minimum lot size
600 sq.ft. lot area/dwelling unit FP-S Floodplain Secondary
R-H Residential Holding AA Airport Approach
20 acre minimum lot size
01 Drilling Island
A Agriculture
6,000 sq.ft. minimum lot size PE Petroleum Extaction Combining
A-20A Agriculture SC Senior Citizen Overlay
20 acre minimum lot size
HO Hillside Development Combining
PUO Planned Unit Development
TT Travel Trailer Park
MH Mobilehome
S:\F orms\zoneDistricts.doc
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ORIGINAL
Exhibit B
Zone Change Legal Description
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EXHIBIT "A"
PROPOSED ZONE CHANGE LEGAL DESCRIPTION
PROPOSED R.1 (FROM A.20A)
THAT PORTION OF THE SOUTH HALF OF SECTION 24, TOWNSHIP 30 SOUTH, RANGE 26
EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 24, SAID POINT ALSO BEING
THE CENTERLINE INTERSECTION OF SOUTH ALLEN ROAD AND PANAMA LANE, THENCE
ALONG THE FOLLOWING FOURTEEN (14) COURSES:
1). NORTH 00055'49" EAST, ALONG THE WEST LINE OF SAID SECTION 24, ALSO
BEING THE CENTERLINE OF SAID SOUTH ALLEN ROAD, A DISTANCE OF 1920.48
FEET; THENCE
2) SOUTH 89004'11" EAST, AS MEASURED AT RIGHT ANGLES TO SAID WEST LINE
AND CENTERLINE, A DISTANCE OF 406.52 FEET; THENCE
3) SOUTH 00035'27" WEST, A DISTANCE OF 298.10 FEET; THENCE
4) SOUTH 89024'06" EAST, A DISTANCE OF 196.04 FEET; THENCE
5) NORTH 00016'32" EAST, A DISTANCE OF 410.08 FEET; THENCE
6) SOUTH 89024'33" EAST, A DISTANCE OF 1890.00 FEET; THENCE
7) NORTH 00035'27" EAST, A DISTANCE OF 5.00 FEET; THENCE
8) SOUTH 89024'33" EAST, A DISTANCE OF 110.78 FEET; THENCE
9) SOUTH 00053'52" WEST, A DISTANCE OF 2.74 FEET; THENCE
10) SOUTH 89006'08" EAST, A DISTANCE OF 48.00 FEET; THENCE
11) SOUTH 00053'52" WEST, A DISTANCE OF 712.34 FEET; THENCE
12) NORTH 89024'06" WEST, A DISTANCE OF 1987.51 FEET; THENCE
13) SOUTH 00055'37" WEST, A DISTANCE OF 1320.10 FEET TO THE SOUTH LINE OF
SAID SECTION 24, ALSO BEING THE CENTERLINE OF PANAMA LANE; THENCE
14) NORTH 89023'40" WEST, ALONG SAID SOUTH LINE AND SAID CENTERLINE, A
DISTANCE OF 661.36 FEET TO THE POINT OF BEGINNING.
CONTAINING 60.37 ACRES, MORE OR LESS.
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MciNTOSH & ASSOC'ATE~I(
2001 Wheelan Co~ fQ ~-9tP-
Bakersfield, CA 9sao9 ~
(661) 834-481€ G
ORIGINAL
P:\PROJECTS\04159.01\LEGALS\0415901ZCOJ.OOC 6-01-06 BDMIEBT
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0415901ZC01.TXT
JOB NO. 04-159.01
FILE NO. 0415901ZCOl
DATE 11/08/05
DONE BY OAR
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parcel name: PROPOSED LR/R-l
North: 655650.42 East: 1658342.90
Line Course: N 00-55-49 E Length: 1920.4814
North: 657570.65 East : 1658374.08
Line Course: S 89-04-11 E Length: 406.5211
North: 657564.05 East : 1658780.55
Line Course: S 00-35-27 W Length: 298.1002
North: 657265.97 East : 1658777.48
Line Course: S 89-24-06 E Length: 196.0400
North: 657263.92 East: 1658973.51
Line course: N 00-16-32 E Length: 410.0763
North: 657673.99 East : 1658975.48
Line course: S 89-24-33 E Length: 1890.0000
North: 657654.50 East: 1660865.38
Line Course: N 00-35-27 E Length: 5.0000
North: 657659.50 East: 1660865.43
Line Course: S 89-24-33 E Length: 110.7787
North: 657658.36 East : 1660976.20
Line course: S 00-53-52 W Length: 2.7428
North: 657655.62 East : 1660976.16
Line Course: S 89-06-08 E Length: 48.0000
North: 657654.86 East : 1661024.15
Line Course: S 00-53-52 W Length: 712.3440
North: 656942.61 East: 1661012.99
Line Course: N 89-24-06 W Length: 1987.5104
North: 656963.36 East: 1659025.59
Line course: S 00-55-37 W Length: 1320.0999
North: 655643.43 East : 1659004.23
Line Course: N 89-23-40 W Length: 661.3646
North: 655650.42 East: 1658342.91
perimeter: 9969.0594 Area: 2,629,663 sq. ft. 60.37 acres
Mapcheck closure - (uses listed courses, radii, and deltas)
Error closure: 0.00 Course: N 51-13-26 E
Error North: 0.003 East : 0.003
precision 1: 9,969,059,400.0000
page 1
MciNTOSH & ASSOCIATES
2001 Wheelan Court
Bakersfield, CA 93309
(661) 834-4814
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Exhibit C
Mitigation/Conditions of Aproval
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ORIGINAL
EXHIBIT C
Conditions of Approval
General Plan Amendment/Zone Change No. 06-0925
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Qualitv Mitication Measures:
1. Upon submittal of tentative tract or site plan for approval, the applicanUdeveloper of the project
site shall submit documentation to the Planning Department that they willlhave met the following
air quality mitigation measures:
. Water all unpaved or haul road surfaces as needed.
. Limit speed on all unpaved roads to 15 mph.
. Water any exposed ground surfaces as needed.
. Stabilize all disturbed areas including inactive storage piles on an as needed basis.
. Maintain at least a 6 inch freeboard space during transport of materials and/or cover and wet
to limit dust emissions.
. Remove mud or dirt accumulations on public roadways immediately when track out exceeds
50 or more feet as well as at the end of the work day. '
. Cease grading activities during periods of high winds where entrainment of dust will exceed
the SJVAPCD 20% opacity requirement.
Construction Equipment Mitigation Measures:
. Limit idling to no more than 20 minutes at a time.
. All construction equipment shall be maintained to manufacturers' specification.
. Where possible electric equipment shall be used in lieu of diesel or gas powered equipment.
Encourage employees at the construction sites to carpool to and from work as well as during
established lunch hours. Mitigation for potentially significant air quality impacts.
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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
cultural 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 the issuance of any building permit within the GPAlZC area, the developer shall pay the
applicable Regional Transportation Impact Fee (RTIF) to as adopted at time of development.
Mitigation for potentially significant traffic and circulation impacts.
5. Prior to issuance of the first building permit within the GPAlZC area, the developer shall pay the
proportionate share contributions for the intersection and roadway improvements not covered by
the RTIF as identified in Tables 7 and 8 of the project traffic study (TPG Consulting, Jan~~I(~-?
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Exhibit C
Conditions of Approval
GPAlZC 06-0925
Page 2 of 4
2005) and in the following tables:
FUTURE INTERSECTION IMPROVEMENTS AND LOCAL MITIGATION
Stockdale Hi hwa & Old River Road
Panama Lane & Buena Vista Road
NB=Northbound L=Left Turn Lane
SB=Southbound T=Through Lane
WB=Westbound R=Right Turn Lane
EB=Eastbound
FUTURE ROADWAY IMPROVEMENTS AND LOCAL MITIGATION
Panama Lane:
Allen Road - Windemere
Add 6 Lanes
Add 2 Lanes
0.36%
Panama Lane:
Windemere to Buena Vista
Add 6 Lanes
Add 2 Lanes
0.59%
Mitigation for potentially significant traffic and circulation impacts
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works:
6. 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 Windermere Street to collector standards and Allen
Road to arterial standards for the full frontage of the area within the GPA request.
Dedications shall include sufficient widths for expanded intersections and additional areas
for landscaping as directed by the City Engineer. Submit a current title report with the
dedication documents. If a tentative subdivision map over the entire GPAlZC area is
submitted, dedication can be provided with the map. For orderly development.
b. This GPAlZC area is too small to support it's own storm drainage sump. The City will allow
no more than one sump per 80 acres; therefore, this GPAlZC area must be included within
the drainage area of adjoining property. Submit a comprehensive drainage study to be
reviewed and approved by the City Engineer. The drainage area to be covered in the
comprehensive drainage study will be larger than the GPAlZC area - the City is willing to aid
the developer in the formation of a Planned Drainage Area to provide a mechanism for the
reimbursement of oversizing costs to the developer. For orderly development.
c. Submit a comprehensive sewer study to be reviewed and approved by the City Engineer.
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. This area is within the McAllister Ranch Planned Sewer Area; any sewer fQA1(~
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Exhibit C
Conditions of Approval
GPAlZC 06-0925
Page 3 of 4
improvements for the PSA are eligible for reimbursement from future connection fees within
the PSA. For orderly development.
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.
7. 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.
8. Construct full improvements for the north side of Panama Lane along the frontage of the 40 acre
parcel to the east of the GPAlZC area (APN52417014). If the adjflcent Tract 6706 constructs
these improvements first, this condition will be considered as met. I 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 approv~1 of any improvement plan for the GPAlZC
area. For orderly development.
10. The tract design shall accommodate the access provided by the design of approved Tentative
Tract 6578 to the north. For orderly development.
11. 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 fr~nt 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.
12. Local Mitioation: Pay the proportionate share of the following mitidation measures (not paid for
by the Regional Transportation Impact Fee nor included with normal development
improvements) as indicated in Tables 7 and 8 ofthe 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. Proportionate shares from the study as follows: For orderly development.
a. Stockdale Hwy & Old River Rd, Add 1 SBL, 3.71% share
b. Panama Ln & Buena Vista Rd, Add 1 WBL, 0.55% share
c. Panama Ln, Allen Rd to Windermere St, add 2 lanes, 0.36% share
d. Panama Ln, Windermere St to Buena Vista Rd, add 2 lanes, 0.59% share
Notes: NB - north bound, SB - south bound, WB - west bound, EB - east
bound, L - Left turn lane, T - Through lane, R - Right turn lane
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, 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
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Exhibit C
Conditions of Approval
GPAlZC 06-0925
Page 4 of 4
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 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 preceding, 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 sol~ 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 4th 2006\06-0925\Staff Reports\Exhibit A-1.doc
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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 March, 2007 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4414 ,passed
by the Bakersfield City Council at a meeting held on the 14th day of March, 2007 and
entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONING MAP 122-24) OF TITLE
SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY
CHANGING THE ZONING FROM A-20A (AGRICULTURE 20-ACRE
MINIMUM LOT SIZE) TO R-1 (ONE FAMILY DWELLING) ON 60 ACRES,
LOCATED AT THE NORTHEAST CORNER OF PANAMA LANE AND
SOUTH ALLEN ROAD (ZC 06-0925).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
B~t(dad-jl~
DEP Y City Clerk
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3/15/2007
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