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HomeMy WebLinkAboutRES NO 095-12RESOLUTION NO. 0 9 5° 12 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A NEGATIVE DECLARATION AND APPROVING AN AMENDMENTTO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM LR (LOW DENSITY RESIDENTIAL) TO GC (GENERAL COMMERCIAL) ON 28.12 ACRES LOCATED AT THE SOUTHEASTCORNER OF BUENA VISTA ROAD AND PANAMA LANE (GPA /ZC NO. 12-0144). WHEREAS, Pinnacle Civil Engineering, Inc. for Buena Vista Land Co. LLC, filed an application with the City of Bakersfield Planning Department requesting an amendmentto the land use designation of the Metropolitan Bakersfield General Plan from LR ( Low Density Residential) to GC (General Commercial) on 28.12 acres located at the southeast corner of Buena Vista Road and Panama Lane(the "Project "); and WHEREAS, the Planning Commission held a public hearing on Thursday, June 21, 2012, and approved Resolution No. 17 -12, which recommended that the City Council adopt a Negative Declaration and approvethe Project; and WHEREAS, the Clerk of the City Council set Wednesday, August 15, 2012 at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to considerthe proposed Negative Declaration and approval of the amendment as required by Government Code Section 65355, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the proposed negative declaration and amendment, including the staff report, initial study, special studies, deliberation, and action by the Planning Commission. NOW, THEREFORE, BE IT RESOLVEDby the Bakersfield City Council as follows: The Planning Commission's findings as contained in its Resolution No. 17 -12 are hereby adopted 2. The Negative Declaration is hereby adopted. 3. The land use designation amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is hereby approved subject to the mitigation measures /conditions of approval in Exhibit A and as shown on the map in Exhibit B. 4. The Project approved herein is hereby made part of the3rd amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for calendaryear 2012 in accordance with Government Code Section 65358 (b). --- - - - - -- 000-- - - - - -- s v O Page 1 of 2 ORIGINAL HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on Wednesday, August 15, 2012, by the following vote: COUNCILMEMBER SALAS, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, JOHNSO NOES: COUNCILMEMBER I)nr%, ABSTAIN: COUNCILMEMBER ntX1Q_ ABSENT: COUNCILMEMBER r/10C\9i ROBERTA GAFFORD, C CITY CLERK and Ex Of icio Clerk of the Council of the City of Bakersfield APPROVED AUG 1 5 Ot HARVIIN L. HALL MAYOR of the City of Ba APPROVED as to form: VIRGINIA GENNARO City At rney By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Mitigation Measures/Conditions of Approval Map B General Plan Amendment CG\ S: \GPAs \GPA 2nd 2012\12- 0144 \CC Resolution GPA.doc Page 2 of 2 �gAKF9 > m F- r U C7 ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval o`` AKF9� ~' r U O ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval General Plan Amendment /Zone Change No. 12 -0144 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Air Quality and GHG Mitigation Measures 1. The proposed project will have air pollutant emissions associated with the construction and 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 Air Quality and GHG impacts. Biological Impact Mitigation Measures 2. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for burrowing owls, and comply with the provisions of the Migratory Bird Treaty Act (META) 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 biological impacts. 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. The current 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 r c�y� d an urban development permit, grading plan approval or building permit)ors� to be issue ment the 2014 expiration date will be eligible to pay fees under the current MBHCP. Early pgiy a ORIGINAL Page 1 of 4 EXHIBIT A Mitigation Measures & Conditions of Approval GPA /ZC No. 12 -0144 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 biological impacts. 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 cultural impacts. 5. Prior to ground- disturbance activities associated with this project, personnel associates 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 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 individuals) 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 cultural impacts. Traffic Impact Mitigation Measures 6. All project mitigation is currently funded by the Regional Transportation Impact Fee Program (RTIF), The project is obligated to pay its pro -rata share of necessary mitigation improvements that are not already funded by the RTIF program, The project's share is computed as the ratio of Project traffic to future traffic in the Year 2035, Year 2035 volume is considered as the "Base" volume plus Project - generated traffic. Mitigation for traffic impacts. CONDITIONS OF APPROVAL: Public Works 7, Along with the submittal of any development plan, prior to approval of improvement plM4 or with the application for a lot line adjustment or parcel merger, the following shall occur: i-- m Page 2 of 4 ORIGINAL EXHIBIT A Mitigation Measures & Conditions of Approval GPA /ZC No. 12 -0144 a. Provide fully executed dedication for Buena Vista Road and Panama Lane to arterial standards for the full frontage of the area within the GPA request, as necessary, 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. b. 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. c, 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, 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 stage, For orderly development. 8. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District, The applicant shall pay all fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. For orderly development. 9. Payment of the proportionate share of the cost of the median with landscaping 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. 10. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program, Mitigation for traffic impacts. 11. Prior to the issuance of building permits, the project applicant shall participate in the Regional Transportation Impact Fee (RTIF) program by paying the adopted commercial and residential unit fees in place for the various land use types at time of development, ��AKF9 Mitigation for traffic impacts. c s� Page 3 of 4 M � r U O ORIGINAL EXHIBIT A Mitigation Measures & Conditions of Approval GPA /ZC No. 12 -0144 City Attorney 12. 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 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: \GPAs \GPA 2nd 2012\ 12-0144\ Conditions Ex A,doc O��AKF9cP r— m U p Page 4 of 4 ORIGINAL Exhibit B General Plan Amendment Location Map o�eAK, 9q r U p ORIGINAL 19V IF— z ui Z Lill Z Lli Z LLJ (D CL .0 o 0 (NI A311YA U3133HM 0 z x m _j Z- 0 a Z Z—x LU t7 Z (0) z IL LU L) L IU AWA31VAN33110 rn J —Tr NO VISIA NIVINnow 0: uj 0 0 z us Z CK 77= ul O LU i a! LL 9) rz000e, 111 n �lw w 0 lx z 0— wo 0 0— w z —0 z X 0 lz ==IS S3VVN3H X- 0 iL < r) W> w L lo: wo LL 0 U. C,- hze 2 --IS 3H3WH3ONlM V, �3 nN, n IM U� Ul) LLJ C14 co C14 cr- C6 C) cr) 1— C) co 0 O Oa MOINVe -.,— - L-- - -- - L -- - ---- ,6AKt- nos ORIGINAL ORDINANCE NO. AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL ADOPTING A NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT FROM R -1 (ONE FAMILY DWELLING) TO C -2 (REGIONAL COMMERCIAL) ON 28.12 ACRES LOCATED AT THE SOUTHEAST CORNER OF BUENA VISTA ROAD AND PANAMA LANE (GPA /ZC NO. 12- 0144). WHEREAS, Pinnacle Civil Engineering, Inc. for Buena Vista Land Co. LLC, filed an application with the City of Bakersfield Planning Department requesting to change the zone district from R -1 (One Family Dwelling) To C -2 (Regional Commercial) on 28.12 acres located at the southeast corner of Buena Vista Road and Panama Lane (the "Project "); and WHEREAS, the Planning Commission held a public hearing on Thursday, June 21, 2012, and approved Resolution No. 18 -12, which recommended that the City Council adopt a Negative Declaration and approve the Project; and WHEREAS, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report, initial study, special studies (if any), deliberation, and action by the Planning Commission; and WHEREAS, the Project is consistent with the Metropolitan Bakersfield Genera/ Plan. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Bakersfield City Council as follows: 1. The Planning Commission's findings as contained in its Resolution No. 18 -12 are hereby adopted. 2. The Negative Declaration is hereby adopted. 3. The change to the zone district is hereby approved subject to the mitigation measures /conditions of approval in Exhibit A, and incorporating the change into the official zoning map as described in Bakersfield Municipal Code Section 17.06.020 as shown in Exhibit B and as specifically described in Exhibit C. SECTION 2. This ordinance must be posted in accordance with the Bakersfield Municipal Code and will become effective not less than 30 days from and after the date of its passage. --- - - - - -- 000--- - - - - -- o�0AK�9s ►- m U � O ORIGINAL HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on by the following vote: AYES: COUNCILMEMBER SALAS BENHAM WEIR COUCH HANSON SULUVAN, JOHNSON NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield :... 91016!7 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Mitigation Measures /Conditions of Approval B Zone Change Map C Legal Description CG \ S: \GPAs \GPA 2nd 2012 \12 - 0144 \Reso Ord \CC ZC Ordinance.doc O�0AK' 9q f-- m ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval Q � A Ife o ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval General Plan Amendment /Zone Change No. 12 -0144 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Air Quality and GHG Mitigation Measures 1. The proposed project will have air pollutant emissions associated with the construction and 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 Air Quality and GHG impacts, Biological Impact Mitigation Measures 2. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for burrowing owls, 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 biological impacts. 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, The current 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 p" rn Page 1 of 4 ORIGINAL EXHIBIT A Mitigation Measures & Conditions of Approval GPA /ZC No. 12 -0144 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 biological impacts. 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 cultural impacts. 5. Prior to ground- disturbance activities associated with this project, personnel associates with the grading effort shall be informed of the importance of the potential cultural and archaeological resources (Le. 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 cultural impacts. Traffic Impact Mitigation Measures 6. All project mitigation is currently funded by the Regional Transportation Impact Fee Program (RTIF), The project is obligated to pay its pro -rata share of necessary mitigation improvements that are not already funded by the RTIF program. The project's share is computed as the ratio of Project traffic to future traffic in the Year 2035. Year 2035 volume is considered as the "Base" volume plus Project - generated traffic. Mitigation for traffic impacts. CONDITIONS OF APPROVAL: Public Works 7. Along with the submittal of any development plan, prior to approval of improvement pl$ apk; 6. or with the application for a lot line adjustment or parcel merger, the following shall occur, 9J,� f- m Page 2 of 4 ORIGINAL EXHIBIT A Mitigation Measures & Conditions of Approval GPA /ZC No. 12 -0144 a, Provide fully executed dedication for Buena Vista Road and Panama Lane to arterial standards for the full frontage of the area within the GPA request, as necessary, 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. b. 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. c. 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, 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 stage. For orderly development. 8. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. For orderly development. 9. Payment of the proportionate share of the cost of the median with landscaping 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. 10, The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. Mitigation for traffic impacts. 11. Prior to the issuance of building permits, the project applicant shall participate in the Regional Transportation Impact Fee (RTIF) program by paying the adopted commercial and residential unit fees in place for the various land use types at time of development. o�0AKF9s Mitigation for traffic impacts, f_- m U � O Page 3 of 4 ORIGINAL EXHIBIT A Mitigation Measures & Conditions of Approval GPA /ZC No. 12 -0144 City Attorney 12. 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 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: \GPAs \GPA 2nd 2012 \12 - 0144 \Conditions Ex A.doc AKF9� U Or Page 4 of 4 ORIGINAL Exhibit B Zone Change Location Map AKF9� �_ rn r U p ORIGINAI i U i� II i i z J � Y -- Y O � U r Nl A3 1YA U3133NM j w CL o Sc Z Q� _ o d g Z - -- - -- Z —a aq W o W Ir - -- l/ 0: W V W � J Z Q y " U Q 'J W F = 111 AVM A311VA N33H9 UJI N V� z —� 1S V1vaV1 O o & % � � 0 1 7zni m Q c o o 02 m O K z F W — o c IL O = 1SIOa93 a i Z =1S.S3VVN3H O ] v c > o W —.< W W H 3 _0 O N 2 Nl ,gam a Co U -- - — 1S3H3IIWa3aNIM x rA17 inoi nNV21 U J -I � 210 V1SIA NIV1NnOW - aF=--- <z Q� O LL K W —� i O 0 D H W z 0' - -Z a H Z- -O Q— ;-- -W i N ui CD cn N v as Molave V r O ORIGINAL 0 0 OD z 0 J -I � 210 V1SIA NIV1NnOW - aF=--- <z Q� O LL K W —� i O 0 D H W z 0' - -Z a H Z- -O Q— ;-- -W i N ui CD cn N v as Molave V r O ORIGINAL Exhibit C Zone Change Legal Description QKF,q f- m U ~ d ORIGINAL BEING ALL OF LOT l AND A PORTION OF LOT 2 OF PARCEL MAP WAIVER NUMBER 10 -0337 RECORDED JANUARY 11, 2011 AS DOCUMENT NUMBER 0211004092 OF OFFICIAL RECORDS, ON FILE IN THE OFFICE OF THE KERN COUNTY RECORDER, AND BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., IN THE CITY OF BAKERSFIELD, COUTNY OF KERN, STATE OF CALIFORNIA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2 AND THE NORTHWEST CORNER OF SAID SECTION 30 AND THE CENTERLINE INTERSECTION OF PANAMA LANE AND BUENA VISTA ROAD; THENCE SOUTH 89 006'34" EAST ALONG THE NORTH LINE OF SAID LOT 2 AND THE NORTH LINE OF SAID SECTION 30 AND THE CENTERLINE OF PANAMA LANE A DISTANCE OF 1512.16 TO THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 00055'13" WEST ALONG THE EAST LINE OF SAID LOT 2 A DISTANCE OF 810.00 FEET; THENCE NORTH 89 006'34" WEST A DISTANCE OF 1512.91 FEET TO A POINT ON THE WEST LINE OF SAID LOT 2 AND THE WEST LINE OF SAID SECTION 30 AND THE CENTERLINE OF BUENA VISTA ROAD; THENCE NORTH 00 058'24" EAST ALONG THE WEST LINE OF SAID LOT 2 AND THE WEST LINE OF SAID SECTION 30 AND THE CENTERLINE OF BUENA VISTA ROAD A DISATNCE OF 810.00 FEET TO THE POINT OF BEGINNING. CONTAINING 28.126 ACRES MORE OR LESS vand L SON VANCUREN L.S.7439 EXP. 3 -31 -14 LS 7439 u, exp 2 Q gTFOF C PL\�o AKFq m v A ORIGINAL.