HomeMy WebLinkAboutRES NO 027-08
RESOLUTION NO. -D.2 7 '- 0 8
RESOLUTION MAKING FINDINGS, ADOPTING THE
NEGATIVE DECLARATION, AND APPROVING GENERAL
PLAN AMENDMENT NO. 07-1715, AN AMENDMENT TO THE
LAND USE ELEMENT OF THE METROPOLITAN
BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED
SOUTHWEST OF HIGHWAY 178 AND MORNING DRIVE.
WHEREAS, Sikand Engineering, on behalf of Rio Bravo Investment Group, filed an
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
17,2007 and Thursday, December 20,2007 on General Plan Amendment No. 07-1715, notice of
the time and place of hearing having been given at least twenty (20) calendar days before said
hearing by publication in The Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, General Plan Amendment 07-1715, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 07-1715:
Sikand Engineering, on behalf of Rio Bravo Investment Group, applied to amend the Land
Use Element of the Metropolitan Bakersfield General Plan consisting of a change from GC
(General Commercial) and HMR (High Medium Density Residential) to OC (Office
Commercial) on approximately 13 acres, and HMR to GC on approximately 4 acres. The
project site is generally located southwest of Highway 178 and Morning Drive; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 07-1715 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 City Council conducted a public hearing on February 13, 2008 to
consider the Planning Commission Resolution 207-07; 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 WEDNESDA V,
February 13, 2008, on General Plan Amendment No. 07-1715, notice of time and place of the
hearing having been given at least ten (10) calendar days before the hearing by publication in The
Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, the Council has considered and hereby makes the following findings:
1 . The above recitals and findings are true and correct.
2. All required public notices have been provided.
3. The provisions of CEQA have been met.
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ORIGINAL
4. 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.
5. The public necessity, general welfare and good planning practices justify the
amendment to the Land Use Element of the Metropolitan Bakersfield General Plan.
6. The land use designation change from GC (General Commercial) and HMR (High
Medium Density Residential) to OC (Office Commercial) on approximately 13 acres,
and HMR to GC on approximately 4 acres is compatible with the land use
designations of surrounding properties and is internally consistent with the
Metropolitan Bakersfield General Plan.
7. The laws and regulations relating to the preparation and adoption of Negative
Declarations set forth in CEQA, the State CEQA Guidelines, and the City of
Bakersfield CEOA Implementation Procedures have been duly followed by city staff
and the Planning Commission
8. That the applicant by prior written agreement to comply with all adopted mitigation
measures contained within the Negative Declaration.
9. 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 General Plan Amendment No. 07-1715 is hereby
approved and adopted.
2. 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.
3. The City Council hereby approves and adopts General Plan Amendment No. 07-
1715, consisting of changes as shown on the map marked Exhibit "B", attached
hereto and incorporated as though fully set forth, for property generally located
southwest of Highway 178 and Morning Drive, subject to "Mitigation/Conditions of
Approval" listed in Exhibit "A".
4. That General Plan Amendment No. 07-1715, 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.
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ABSTAIN:
ABSENT:
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council
of the City of Bakersfield at a regular meeting thereof held on FEa 1 3 2008 by the
following vote:
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COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HANSON, 3tJL.., .~ SC~IVNER
COUNCILMEMBER: tL.m\...Q
COUNCILMEMBER: ~
COUNCILMEMBER: j t..?tVV'"---
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PAMELA A. McCARTHY, C:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: /JtYAJJ'irb ~t
Exhibit A - Mitigation/Conditions of Approval
Exhibit B - General Plan Amendment Map
RB - S:\GPA 4th 2007\07-1715\Res Ord\CC GPA Resolution 07-1715.doc
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ORIGINAL
EXHIBIT A
MITIGATION/CONDITIONS OF APPROVAL
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Mitigation/Conditions of Approval
General Plan AmendmentlZone Change 07-1715
Air Quality (Mitication Measures)
1. The applicant/developer of the project site shall submit documentation to the Planning
Department prior to approval of grading plans that they will/have met the following air quality
mitigation measures:
a. Construction Equipment Mitigation Measures:
i. Properly and routinely maintain all construction equipment, as recommended by
manufacturer manuals, to control exhaust emissions;
ii. Shut down equipment when not in use for extended periods of time to reduce
emissions associated with idling engines;
iii. Encourage ride sharing and use of transit transportation for construction
employee commuting to the project sites;
iv. Use electric equipment for construction whenever possible in lieu of fossil fuel-
fired equipment;
v. Curtail construction during periods of high ambient pollutant concentrations; this
may include ceasing of construction activity during the peak-hour of vehicular
traffic on adjacent roadways.
b. Fugitive Dust Mitigation Measures:
i. 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;
ii. All onsite unpaved roads and offsite unpaved roads shall be effectively stabilized
of dust emissions using water or chemical stabilizer/suppressant;
iii. All land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill,
and demolition activities shall be effectively controlled of fugitive dust emissions
utilizing application of water or by presoaking;
iv. 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;
v. All operations shall limit or expeditiously remove the accumulation of mud or dirt
from adjacent public streets at the end of each workday (the use of dry rotary
brushes is expressly prohibited except where preceded or accompanied by
sufficient wetting to limit the visible dust emissions; use of blower devices is
expressly forbidden);
vi. 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;
vii. Within urban areas, trackout shall be immediately removed when it extends 50 or
more feet from the site and at the end of each work day;
viii. Any site with 150 or more vehicle trips per day shall prevent carryout and
trackout;
ix. Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution
Control District Rule 4641 and restrict the use of cutback, slow-cure and
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ORIGINAL
Exhibit A
GPAlZC 07-1715
Mitigation/Conditions of Approval
Page 2 of 8
emulsified asphalt paving materials;
x. Cease grading activities during periods of high winds (greater than 20 mph over a
one-hour period);
xi. Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the
construction site;
xii. Implementation of carryout/trackout mitigation measures, such as gravel pads, in
accordance with the requirements of the SJV APCD Regulation VIII.
Mitigation for potentially significant impacts.
Biolocical Resources (Mitication Measures)
The following are a general description of the biological resource mitigation measures for the proposed
project site. A detailed comprehensive list of biological resource mitigation can be found in Appendix E of
the submitted Biota Report from M.H. Wolfe and Associates (November 2007), and the applicant/developer
shall be held to such standards:
2. Prior to approval of site plans, the project proponent shall identify in writing to both the US Fish and
Wildlife Service and the California Department of Fish and Game an environmental liaison. This
person will be responsible for ensuring compliance with the environmental mitigation and take
avoidance measures. Mitigation for potentially significant impacts.
3. Prior to approval of grading plans or ground disturbance, the environmental liaison shall draft and
prepare an Environmental Education and Compliance Plan. The plan will be used to train
employees and contractors to ensure that the required environmental compliance measures are
implemented. Prior to initiation of construction, a preconstruction training session will be held to
ensure all responsible parties are aware of what the environmental protection and mitigation
measures are and how to ensure they are implemented. Mitigation for potentially significant
impacts.
4. Where possible, all Bakersfield cacti shall be avoided during construction. All Bakersfield cactus
that cannot be avoided shall be transplanted to special landscaped areas included in the
development plan. Mitigation for potentially significant impacts.
5. In the Spring of 2008, BNLL surveys will be conducted according to the CDFG approved protocol. If
any BNLL are found on the site, consultation with the CDFG is necessary because it is a fully
protected species under Section 5050 of the Department of Fish and Game code. Mitigation for
potentially significant impacts.
6. Potential kit fox dens were located on this site during the surveys. During implementation of the
construction phases, new dens may be developed. Consequently, agency guidelines regarding
tracking and excavation will be followed to prevent entrapment of animals in potential dens.
Mitigation for potentially significant impacts.
7. Prior to approval of grading plans or ground disturbance, preconstruction surveys will be conducted
to identify known dens of protected species and to ensure appropriate and/or necessary take
avoidance measures are implemented. If known dens are encountered, agency guidelines will be
followed to ensure no San Joaquin kit foxes are entrapped in the burrows. Mitigation for potentially
significant impacts.
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Exhibit A
GPA/ZC 07-1715
Mitigation/Conditions of Approval
Page 3 of 8
8. To minimize the potential for increased vehicular mortality of the San Joaquin kit fox, slow speed
limits (20 mph or less) will be posted on the construction site. In addition, passage for the San
Joaquin kit fox will be ensured under roadways that affect open habitat areas. Mitigation for
potentially significant impacts.
9. Preconstruction surveys for Western burrowing owls shall be conducted prior to disking or ground
disturbance to prevent their entrapment. The commencement of construction shall avoid the nesting
and fledging season from January through June, as the US Fish and Wildlife Service no longer
authorizes permits for the relocation of eggs or young. Take avoidance measures for Western
burrowing owls shall be followed. Mitigation for potentially significant impacts.
10. During construction and development the following special mitigation measures are required to
prevent take of ranging protected species and to help prevent indirect or direct take of species
directly adjacent to the project area. These measures will also help prevent the adjacent properties
from being significantly affected by the rezoning and potential development of this property:
a. If any lands are disturbed during construction that are not being developed they shall be
revegetated and returned to a state of natural habitat.
b. Under Section 1600 of the CDFG code, notification will be submitted to CDFG regarding
work in the drainages. A SWPPP (storm water pollution prevention plan) will be prepared
and implemented to protect off site drainage from sediment accumulation according to
regulatory requirements.
c. Lighting will be shaded and directed away from adjacent habitat to protect nesting and
roosting bird species off-site and to minimize the potential for increased predation off or on
the proposed project and adjacent areas. This will also limit the number of flying insects
attracted to the site which may draw predators such as the burrowing owl to the
development where risk of injury or death would be higher.
d. Both during and after construction, all food, garbage, paper and plastic shall be disposed of
in closed containers and regularly removed from the site to minimize attracting ranging kit
fox, or other animals to the site where they may be harmed. Kit fox and other animals may
eat plastic sandwich bags or other non-food garbage items, which may cause their death.
e. Extensive litter frequently accumulates around roads, buildings and fences. This can have
an adverse effect on both humans and the adjacent wildlife habitats. Covered litter barrels or
other types of receptacles shall be provided at appropriate locations during construction to
help reduce this problem. The presence of human food attracts and concentrates larger than
normal numbers of wildlife to a construction site or project area where they have a higher
risk of being harmed.
f. All pipes, culverts or similar structures with a diameter of four inches or greater shall be kept
capped to prevent entry or entrapment of kit foxes. If they are not capped or otherwise
covered, they should be inspected twice daily, and also prior to movement, burial or closure
to ensure no kit foxes or other wildlife becomes entrapped.
g. Any excavations will be provided with escape ramps or otherwise be covered to prevent
injury of wildlife or their entrapment. Excavations could otherwise be protected during
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Exhibit A
GPA/ZC 07-1715
Mitigation/Conditions of Approval
Page 4 of 8
construction with wildlife exclusion fencing which would reduce the possibility of ranging
animals from being harmed during construction. Excavations, trenches, pipes and other
areas where kit fox could become entrapped shall be inspected twice daily by project
foremen or the designated responsible person to ensure that no entrapment occurs. If
wildlife are found entrapped, a qualified biologist will be called to help free them if they are
unable to leave on their own.
h, Notification of the environmental regulatory compliance requirements shall be provided to
anyone purchasing or conducting activities on these parcels under contract, lease or other
transfer or assignment. This requirement will ensure that under any type of management or
operational changes, the environmental protection, compensation and mitigation measures
will continue to be implemented.
i. All construction vehicles will carry, water, shovels, and/or fire extinguishers to enhance the
prevention and control of man-caused fires. Use of protection mats, shields, and windbreaks
will be required as appropriate for welding and grinding. Further, Occupation Safety and
Health Administration (OSHA) and fire prevention requirements should be enforced. Welding
and grinding should be prohibited if winds are gusty or exceed an average of seven miles
per hour.
j. Areas of exposed soils will be watered at regular intervals each day in accordance with City
and County regulations. Adjacent areas of natural lands should not be flooded. If water is not
used, other forms of dust control accepted under those regulations will be adequate
provided it is limited to disturbed areas and not applied to the remaining habitat areas.
Adjacent areas of habitat are not to be flooded. Water trucks or hydro tests in it may
adversely affect species of concern.
k. All chemicals and petroleum products will be stored in proper containers. Vehicles and
equipment will be kept in proper working order to prevent leaks of petroleum products onto
the ground. If spills or leaks occur, they will be cleaned up immediately and disposed of
according to applicable disposal regulations. Mitigation for potentially significant impacts.
11. The presence of any previously unidentified protected species that may be encountered during
construction should be avoided and evaluated by a qualified biologist. The US Fish and Wildlife
Service and California Department of Fish and Game should be notified of previously unreported
protected species. Any take of protected wildlife will be reported immediately to the CDFG and
USFWS. Mitigation for potentially significant impacts.
Cultural Resources (Mitication Measures)
12. Prior to ground-disturbance activities associated with this project, personnel associated with the
grading effort shall be informed of the importance of the potential cultural and archaeological
resources (i.e. archaeological sites, artifacts, features, burials, etc.) that may be encountered
during site preparation activities, how to identify those resources in the field, and of the
regulatory protections afforded to those resources. The personnel shall be informed of
procedures relating to the discovery of archaeological remains during grading activities and
cautioned to avoid archaeological finds with equipment and not collect artifacts. The
applicant/developer of the project site shall submit documentation to the Planning Department
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ORIGINAL
Exhibit A
GPA/ZC 07-1715
Mitigation/Conditions of Approval
Page 5 of 8
that they have met this requirement prior to commencement of ground-disturbance activities.
This documentation should include information on the date(s) of training activities, the
individual(s) that conducted the training, a description of the training, and a list of names of
those who were trained. Should cultural remains be uncovered, the on-site supervisor shall
immediately notify a qualified archaeologist. Mitigation for potentially significant impacts.
13. 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 impacts.
14. If paleontological resources are encountered during construction, a qualified paleontologist shall
be retained by the developer to evaluate the significance of the resources and formulate a
mitigation program if necessary. The paleontologist shall coordinate with the City of Bakersfield
Planning Department. Mitigation for potentially significant impacts.
Traffic and Circulation (Mitication Measures)
15. Prior to the issuance of any building permit within the GPA/ZC area, 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 impacts.
16. Prior to issuance of the first building permit within the GPA/ZC area, the developer shall pay the
proportionate share contributions for the intersection and roadway improvements and mitigation
not covered by the RTIF as identified in the submitted project traffic study (Ruettgers & Schuler,
October 2007):
a. The intersection of Morning Drive and Panorama Drive requires the following mitigation
due to the addition of project generated traffic: add 1 EBL, 1 EBT, 1 WBL, 1 WBT - 1.19%
proportionate share.
b. The intersection of Morning Drive and SR 178 requires the following mitigation due to the
addition of project generated traffic: Install signal, south approach - 100% project share.
C. The intersection of Morning Drive and Kern Canyon Road requires the following
mitigation due to the addition of project generated traffic: 1 SBL, 1 SBT - 3.03% project
share
d. The intersection of Morning Drive and Breckenridge Road requires the following
mitigation due to the addition of project generated traffic: 1 EBL, 1 WBL 1 - 3.84% project
share.
e. The intersection of Morning Drive and Edison Highway requires the following mitigation
due to the addition of project generated traffic: 1 EBL, 1 WBL, 1 NBL, 1 NBT, 1 SBL, 1 SBR
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Exhibit A
GPA/ZC 07-1715
Mitigation/Conditions of Approval
Page 6 of 8
- 3.13% project share.
f. The intersection of Morning Drive and East Brundage Lane requires the following
mitigation due to the addition of project generated traffic: 1 EBL, 1 EBT, 1WBL, 1WBT,
1 NBL, 1 NBR, 1 SBL, 1 SBR - 2.19% project share.
g. The road segment of Morning Drive from Pioneer Drive to Breckenridge Road requires
the following mitigation due to the addition of project generated traffic: Add 2 lanes -
3.47% project share.
h. The road segment of Morning Drive from Breckenridge Road to Edison Highway requires
the following mitigation due to the addition of project generated traffic: Add 2 lanes -
2.79% project share.
i. The road segment of Morning Drive from Edison Highway to Brundage Lane requires the
following mitigation due to the addition of project generated traffic: Add 2 lanes 1 - 1.96%
project share.
j. The road segment of Morning Drive from Brundage Land to SR 58 re~uires the following
mitigation due to the addition of project generated traffic: Add 2 lanes - 1 .62% project
share.
NB=Northbound, SB=Southbound, WB=Westbound, EB=Eastbound, L=Left-Turn
Lane, T = Through Lane, R=Right-Turn Lane
1 = Striping improvements only
Mitigation for potentially significant impacts.
Public Works Conditions
17. 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 Morning Drive to Caltrans standards for the full
frontage of 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 GPA/ZC area is submitted, dedication can be provided with the map.
Note: Morning Drive veers to the east near the GPA area, which may limit or eliminate
access.
b. This GPA/ZC area is within the Shalimar Drainage Area. Developer shall pay required
fees and construct improvements as necessary. Submit a comprehensive drainage
study of the entire drainage area, to be reviewed and approved by the City Engineer.
The study shall show the development's proportionate share of the necessary ultimate
storm drainage facilities.
c. Sewer service must be provided to the GPA/ZC 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
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Exhibit A
GPA/ZC 07-1715
Mitigation/Conditions of Approval
Page 7 of 8
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.
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.
e, The project applicant shall provide the City of Bakersfield with a phasing plan of the
onsite and required offsite roadway improvements to be reviewed and approved by the
City Engineer.
f. Developer is responsible for the construction of all infrastructure, both public and private,
within the boundary of the GPA/ZC area. This includes the construction of any and all
boundary streets to the centerline of the street, unless otherwise specified. The
developer is also responsible for the construction of any off site infrastructure required to
support this development, as identified in these conditions. The phasing of the
construction all infrastructure will be addressed at the subdivision map stage. For orderly
development.
g. Prior to issuance of a building permit, developer shall pay a major transportation facility
fee in the amount of $0.35 per square foot for commercial buildings. If prior to issuance
of a building permit said fee is merged into the regional TIF program then payment of the
regional TIF fee will be deemed to have satisfied the intent of this condition. This fee is a
component of the City Council approved action plan to pursue funds needed to complete
construction of major transportation facilities to serve growth and development within
Metropolitan Bakersfield. For orderly development
18. 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.
19. Payment of the proportionate share of the cost of the median for the arterial frontage of the property
within the GPA/ZC request is required prior to recordation of any map or approval of any
improvement plan for the GPA/ZC area. For orderly development.
20. Access to the project area from Morning 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.
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Exhibit A
GPA/ZC 07-1715
Mitigation/Conditions of Approval
Page 8 of 8
Plannina Condition
21. A reciprocal access easement for pedestrian and vehicular access between the C-Q zone and
adjacent C-2/PCD zone shall be recorded with any subdivision of the property or prior to final
site plan approval, whichever occurs first. For orderly development.
22. Development plans shall demonstrate attractively-landscaped vehicular and pedestrian access
(minimum one vehicular access point and two pedestrian access points) with the adjacent
commercial PCD zone, subject to the approval of the Planning Director. For orderly
development.
City Attornev Condition
23. 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 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 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.
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EXHIBIT B
GENERAL PLAN AMENDMENT MAP
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