HomeMy WebLinkAboutRES NO 200-08RESOLUTION NO. ~~O "' ~ 8
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
N0.08-1036, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN,
GENERALLY LOCATED BETWEEN THE 99 FREEWAY AND
ELLASHOSH STREET, SOUTH OF MCKEE ROAD.
WHEREAS, Marino & Associates, filed an application requesting a General Plan
Amendment, to change the land use designations of certain property to be annexed into 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, September
15, 2008, and on Thursday, September 18, 2008, on General Plan Amendment No. 08-1036, 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. 08-1036, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 08-1036:
Marino & Associates applied to amend the Land Use Element of the Metropolitan
Bakersfield General Plan consisting of a change from R-IA (Resource -Intensive
Agriculture) to LR (Low Density Residential) on 6.36 acres, generally located between the 99
Freeway and Ellashosh Street, south of McKee Road; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 08-1036 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, Policy No. 14 of the Conservation/Soils and Agriculture Element of the
Metropolitan Bakersfield General Plan requires the City of Bakersfield to evaluate ten (10) factors
when considering projects that propose to convert designated agricultural land to non-agricultural
uses; and
WHEREAS, the Planning Commission and City Council have evaluated the ten (10) factors
provided under Policy No. 14 of the Conservation/Soils and Agricultural Element of the Metropolitan
Bakersfield General Plan and found the following:
1) Soil Quality
The project site is within the boundary of Agricultural Preserve No. 10 and is currently used as
undeveloped fallow cultivated land. The project site is not under a Williamson Act Land Use
Contract. The project site contains the following two soil types: (1) 127-Cajon sany loam, over
blown, deep excessively drained soil, with 0-2% slope, is found on alluvial fans and derived
dominantly from granite. Permeability of the Cajon soil is rapid and available water capacity is
low or moderate. Runoff is very slow, and the hazard of soil blowing is moderate. Effective
rooting depth is 60 inches or more. Most areas of this unit are used for irrigated crops, mainly
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almonds, alfalfa, cotton, and grapes. Among other crops grown are potatoes, sugar beets,
pistachios, and onions. This unit is suited to hay, pasture, and irrigated crops. The main
limitations are restricted available water capacity and moderate hazard of soil blowing. The soil
is included in the U.S. Department of Agriculture Land Capability Classification Ills-4; Store
Index 65; and (2) 174-Kimberlina fine sandy loam, deep, well drained soil, with 0-2% slope is
found on alluvial fans and plains and is derived dominantly from granitic and sedimentary rock.
Permeability of the Kimberlina soil is moderate and available water capacity is high. Runoff is
slow and the hazard of water erosion is slight. Effective rooting depth is 60 inches or more.
Most areas of this unit are used for irrigated crops, mainly almonds, alfalfa, cotton, and grapes.
Among other crops grown are onions, sugar beets, pistachios, and potatoes. The unit is suited
to hay and pasture with few limitations. If this unit is used for urban development, the main
limitation is rare periods of flooding. The soil is included in the U.S. Department of Agriculture
Land Capability Classification I; Store Index 95.
2) Availability of Irrigation Water
Currently the site is fallow land. Irrigation water is available adjacent to the property. Based on
figures from the Kern County Water Supply Agency's 2000 Water Supply Report published in
2005, the current agricultural water use for agricultural crops, in rotation, on the project's land is
approximately 21.9 acre-feet per annum.
3) Proximity to Non-agricultural Uses
There are seventeen existing and proposed subdivision tracts and other urban development
projects lying within '/z mile from the proposed project.
4) Proximity to Intensive Parcelization
The land use designations as reflected in the Metropolitan Bakersfield General Plan and
proposed amendments will allow future land use Parcelization to the north, south, east, and
west of the project.
5) Effect on Properties Subject to "Williamson Act" Land Use Contracts
No part of the project's Zone of Influence (parcels within aradius of/4 mile) is under Williamson
Act and therefore would not be affected by the proposed changes; therefore, there would be no
effect.
6) Ability to be provided with urban services
The site is accessible by existing City and County maintained roads, i.e. Ellashosh Street.
Municipal sewer and water service are expected to be taken from McKee Road south on
Ellashosh Street. Water will be provided by California Water Service Company and sewer will
be provided by the City of Bakersfield. Sewer service is to be required as a condition of this
development.
7) Ability to affect the application of agricultural chemicals on nearby agricultural properties
Changes to methods of agricultural chemicals applied to adjacent lands that would occur as a
result of implementation of this project are not expected due to the proximity of existing and
proposed residential development.
8) Ability to create aprecedent-setting situation that leads to the premature conversion of prime
agricultural lands
This property is currently designated for agriculture. Parcels to the north, south, east and west
are currently being developed or are planned for urban development.
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9) Demonstrated project need
The project is in accord with adjacent residential development in the area and would provide
community services and support for the surrounding residential developments and greater
community at large.
10) Necessity of buffers such as lower densities, setbacks, etc
The project is located adjacent to a transportation corridor and commercial and residential
developments. The developments to the west of the project site represent amedium-high
density residential development. The proposed project is synergistic with this use.
WHEREAS, by Resolution No. 123-08 on September 18, 2008, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 08-1036 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,
November 19, 2008, on General Plan Amendment No. 08-1036, 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:
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 asset forth in Resolution No. 123-08 on September 18, 2008:
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 R-IA (Resource - Intensive
Agriculture) to LR (Low Density Residential) on 6.36 acres is compatible with
the land use designations of surrounding properties and is internally
consistent with the Metropolitan Bakersfield General Plan.
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.
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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:
The above recitals and findings incorporated herein are true and correct.
2. The Negative Declaration for the General Plan Amendment No. 08-1036 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. 08-
1036, constituting changes as shown on the map marked Exhibit "B", attached
hereto and incorporated as though fully set forth, for property generally located
between the 99 Freeway and Ellashosh Street, south of McKee Road, and subject to
the Mitigation/Conditions of Approval as listed in Exhibit "A."
5. That General Plan Amendment No. 08-1036, 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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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 November 19, 2008 by the following vote:
/ / ./ /
ES: COUNCILMEMBER CARSON. BENHAM WEIR. COUCH HAN O SULLIVAN SCRIVNER
ES: COUNCILMEMBER ui?,~ ~
ABSTAIN: COUNCILMEMBER 4tDk2_
ABSENT: COUNCILMEMBER ble7'ri-c_
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk o the
Council of the City of Bakersfield
APPROVED NOV
2008
HARVEY L.'HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
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Exhibit A -Mitigation/Conditions of Approval
B -General Plan Amendment Map
CG - S:\GPA 3rd 2008\08-1036\Res Ord\CC Resolution GPA 08-1036.doc
Page 5 of 5
Exhibit A
Mitigation/Conditions of Approval
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Exhibit A
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 08-1036
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Quality Mitigation Measures
The proposed project will have air pollutant emissions associated with the construction and
occupied use of the project site. Prior to grading plan approval, the applicant/developer of the
project site shall submit documentation to the Planning Department that they will/have met all air
quality control measures required by the San Joaquin Valley Air Pollution Control District.
Mitigation for potentially significant air quality impact.
Biological Impact Mitigation Measures
2. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for
burrowing owl, and comply with the provisions of the Migratory Bird Treaty Act (MBTA) of 1918 (16
U.S.C. 703-711). Survey protocol shall be that recommended by the State Department of Fish
and Game. Developer shall be subject to the mitigation measures recommended by the
consultant. A copy of the survey shall be provided to the Planning Department prior to ground
disturbance.
The burrowing owl is a migratory bird species protected by international treaty under the Migratory
Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703-711). The MBTA makes it unlawful to take,
possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10, including
feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations
(50 C.F.R. 21). Sections 3503, 3503.5, and 3800 of the California Department of Fish and Game
Code prohibit the take, possession, or destruction of birds, their nests or eggs. To avoid violation
of the take provisions of these laws generally requires that project-related disturbance at active
nesting territories be reduced or eliminated during critical phases of the nesting cycle (March 1 -
August 15, annually). Disturbance that causes nest abandonment and/or loss of reproductive
effort (e.g., killing or abandonment of eggs or young) may be considered "taking" and is potentially
punishable by fines and/or imprisonment. Mitigation for potentially significant biological
resource impact.
3. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for
kit fox, and comply with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan.
Survey protocol shall be that recommended by the State Department of Fish and Game.
Developer shall be subject to the mitigation measures recommended by the consultant. A copy of
the survey shall be provided to the Planning Department prior to ground disturbance. Mitigation
for potentially significant biological resource impact
Cultural Impact Mitigation Measures
4. If human remains are discovered during grading or construction activities, work would cease
pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are
identified on the site at any time, work shall stop at the location of the find and the Kern County
Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code
and Section 5097.98 of the California Public Resource 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 impact.
5. Prior to ground-disturbance activities associated with this project, personnel associates with thg ~~ ' "
grading effort shall be informed of the importance of the potential cultural and archaeological
,
Page 1 of 5
EXHIBIT A
GPA/ZC No. 08-1036
Mitigation/Conditions of Approval
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 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 cultural resource impact.
Noise Impact Mitigation Measures
6. Prior to the issuance of any building permit within the GPA/ZC area, at least a 14 foot block wall is
to be constructed along the eastern property boundary or the wall shall be a height determined by
an approved acoustical study accepted by the Planning Director. Berms may be allowed as
approved by the City Engineer. Mitigation for potentially significant noise impact.
Traffic Mitigation Measures
7. Prior to the issuance of any building permit within the GPA/ZC area, the applicant/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 impact.
8. 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 not covered by
the RTIF as identified in the following Tables:
TABLE A
FUTURE INTERSECTION IMPROVEMENTS AND LOCAL MITIGATION
local Mitigation Project
Intersection Total Improvements Required by 2030 (Improvements not Share for
covered by RTIF) Local
Miti ation
Wible Rd & Install Signal - 1 EBL, 2 EBT, 1 WBL, 2
Hoskin Ave
WBT, 1 WBR, 2 NBL, 2 NBT, 1 SBL, 2 SBT _
-
Wible Rd & Install Signal - 1 EBT, 1 WBT, 1 NBL
1
McKee Rd ,
NBT, 1 NBR, 1 SBL, 1 SBT 1 EBT, 1 WBT 1.4%
South H St & Install Signal - 1 EBL, 1 EBT, 1 WBL, 1 1 EBL, 1 EBT
1
McKee Rd
WBT, 1 NBL, 1 NBT, 1 NBR, 1 SBL, 1 SBT ,
WBL, 1 WBT 0.51%
Wible Rd & Taft Install Signal - 1 EBL, 2 EBT, 1 EBR, 1
Hwy (SR 119) WBL, 2 WBT, 1 WBR, 2 NBL, 2 NBT, 1 2 NBL, 2 NBT, 1 NBR 0.29%
NBR, 2 SBL, 2 SBT, 1 SBR
Notes:
NB =Northbound WB =Westbound L =Left Turn Lane R =Right Turn Lane
SB =Southbound EB =Eastbound T = Throu h Lane
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EXHIBIT A
GPA/ZC No. 08-1036
MitigatioNConditions of Approval
TABLE B
FUTURE ROADWAY IMPROVEMENTS AND LOCAL MITIGATION
Total Improvements Local Mitigation Project
Roadway Required by 2030 (Improvements not Share for Local
covered b RTIF Miti ation
Wible Rd: Hosking Ave -Taft Hwy Add 2 lanes, Add - -
Median
McKee Rd: Wible Rd - S. H St Add 2 lanes Add 2 lanes' 4.22%
'Note: The brid a over SR 99 is included in the RTIF.
Mitigation for potentially significant traffic impact.
ADDITIONAL CONDITIONS OF APPROVAL:
Planning Division:
9. The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) expires in year 2014.
Projects may be issued an urban development permit, grading plan approval, or building permit
and pay fees prior to the 2014 expiration date under the current MBHCP. As determined by the
City of Bakersfield, only projects ready to be issued an urban development permit, grading plan
approval or building permit) before the 2014 expiration date will be eligible to pay fees under the
current MBHCP. Early payment or pre-payment of MBHCP fees shall not be allowed. The ability
of the City to issue urban development permits is governed by the terms of the MBHCP. Urban
development permits issued after the 2014 expiration date may be subject to a new or revised
Habitat Conservation Plan, if approved, or be required to comply directly with requests of the U.S.
Fish and Wildlife Agency and the California Fish and Game Department. Mitigation for
potentially significant biological resource impact.
10. The following design standards shall be applied to the block wall on the east side of the project
site, along the 99 Freeway:
a. The freeway, highway and expressway (freeway) side face of the wall shall have visual relief
including a minimum 40% fluted texture of masonry, concrete or wall panels, and apre-cast
cap. The City Engineer shall determine the location and design of any required "poured in
place" wall at locations such as abutments and adjacent off-ramps. Visual relief such as
mosaics, murals, public art, stamped or colored concrete may be required by the City Engineer
on the "poured in place" walls. For orderly development.
b. The wall color shall be light to medium shades of grey, brown or off-white. For orderly
development.
c. Climbing vines and an irrigation system are required to be installed adjacent to the wall on the
freeway side of the wall. The vines shall be planted within an 18 inch width area adjacent to
the wall. Vine species, spacing, location and irrigation system shall be approved by the City
Recreation and Parks Department. For orderly development.
d. A ten (10) foot wide all weather maintenance road shall be provided adjacent the freeway side
of the wall. This 10-foot road shall be outside the CalTrans' right-of-way. The end(s) of the
maintenance roads shall be gated as required by the City Engineer. For orderly 4 ,.
development.
z,
Page 3 of 5
EXHIBIT A
GPA/ZC No. 08-7036
MitigatioNConditions of Approval
Public Works:
11. 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. This GPA/ZC area is too small to support its own storm drainage sump. The City will allow no
more than one sump per 80 acres; therefore, this GPA/ZC area must be included within the
drainage area of adjoining property. 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. The
developer shall participate in the development of a Planned Drainage Area, or shall provide
some other method for the construction of the ultimate facilities satisfactory to the City
Engineer. Any required retention site and necessary easements shall be dedicated to the City.
For orderly development.
b. Sewer service must be provided to the GPA/ZC area. Submit verification to the City Engineer
of the existing sewer system's capability to accept the additional flows to be generated through
development under the new land use and zoning. For orderly development.
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. 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 or Site Plan Review stage. For
orderly development.
e. According to the Transportation Concept Report (TCR) for SR 99, the ultimate facility for SR
99 will be an eight lane freeway with a 218-foot width. Currently, SR 99 at this location exists
as a six-lane facility at 190 feet. Buildings should be set back at least 15 feet from the future
property line. For orderly development.
12. 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 and/or $2487 for residential dwelling unit,
whichever applies. 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. Mitigation for potentially significant traffic
impact.
13. 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.
Page 4 of 5
EXHIBIT A
GPA/ZC No. 08-1036
Mitigation/Conditions of Approval
14. Access to the project area from a regularly maintained City street must be provided. Prior to or
concurrently with an application for Subdivision (or next development application ex:
LLA/PMW/SPR) submit an access plan acceptable to the City Engineer. With the development of
the project area, approved, improved access to the site must be provided. The required
improvements shall outlined in the access plan, but at a minimum they shall be 32 feet of paving
meeting City design standards for a local 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.
15. Local Mitigation: Pay the proportionate share of the following mitigation measures (not paid for by
the Regional Transportation Impact Fee nor included with normal development improvements) as
indicated in Tables 7 and 8 of the 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:
a. Wible Rd & McKee Rd, Add 1 EBL, 1 WBL, 1.4% share
b. South H St 8~ McKee Rd, Add 1 EBL, 1 EBT, 1 WBL, 1 WBT, 0.51 % share
c. Wible Rd & Taft Hwy (SR 119), Add 2 NBL, 2NBT, 1 NBR, 0.29% 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, 1 Striping only
Mitigation for potentially significant traffic impact.
16. Regional Transportation Impact Fee: Pay the standard commercial fees, computed per policy, as
adopted at time of development. Mitigation for potentially significant traffic impact.
City Attorney:
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.
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.
CG:S:\GPA 3rd 2008\08-1036\Conditions Ex A.doc
Page 5 of 5
Exhibit B
General Plan Amendment Map
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