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Home My WebLink AboutRES NO 022-13RESOLUTION NO. 022— 1 3 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM R -IA (RESOURCE- INTENSIVE AGRICULTURE) TO SR (SUBURBAN RESIDENTIAL) ON APPROXIMATELY 27.56 ACRES LOCATED ON THE SOUTHEAST CORNER OF SNOW ROAD AND QUAIL CREEK ROAD, (GPA /ZC NO. 12- 0373). WHEREAS, McIntosh & Associates for the Buckey Family, L.P., filed an application with the City of Bakersfield Planning Department requesting an amendment to the land use designation of the Metropolitan Bakersfield General Plan from R -IA (Resource- Intensive Agriculture) to SR (Suburban Residential) on approximately 27.56 acres located on the southeast corner of Snow Road and Quail Creek Road (the "Project "); and WHEREAS, the Planning Commission held a public hearing on Thursday, December 20, 2012, and approved Resolution No. 45 -12, which recommended that the City Council adopt a Negative Declaration and approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, February 13, 2013 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 consider the 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, include the staff report, initial study, special studies, deliberation, and action by the Planning Commission. WHEREAS, the proposal also includes the annexation of the site to the City of Bakersfield; and WHEREAS, Policy C.14 of the Conservation Element of the Metropolitan Bakersfield General Plan requires the decision making body to evaluate ten factors to determine the appropriateness of agricultural conversion proposals; and WHEREAS, the applicant submitted a Farmland Conversion Study for the project site that analyzed these ten factors; and WHEREAS, the Planning Commission has evaluated the ten factors provided under Policy C.14 of the Conservation Element of the Metropolitan Bakersfield General Plan and finds the following: 1) Soil Quality The project site is within the boundary of Agricultural Preserve No. 9 and is currently between crops. The site is not under a Williamson Act Land Use Contract. Page 1 of 4 p�,?,AKF9`S -c� > m r � 0 ORIGINAL The project site contains Milham sandy loam soil, which, as classified by the United States Department of Agriculture Soil Conservation Service, is Class I irrigated with Storie Index 81. Therefore, the project site meets the California Land Conservation Act (G.C. §51201) and the Metropolitan Bakersfield General Plan standards for prime farmland classification. Implementation of the proposed project will result in a loss of approximately 26.91 acres of soil capability Class I (irrigated agricultural land). The conversion of prime agricultural lands to urban uses will result in a reduction of the regional agricultural economy and is considered to be a significant adverse impact; however with implementation of the mitigation measures listed in the Farmland Conversion Study, the project would be considered less than significant impact. 2) Availability of Irrigation Water The property has no on -site water wells and receives irrigation water from the City of Bakersfield. The proposed residential land uses will use an average of 300 gallons per day per residence. This equates to approximately 23 acre feet of water per year /residence. Therefore, the residential water use would be less than one percent of the current agricultural uses. 3) Proximity to non - agricultural uses The proposed project site is adjacent to properties designated Suburban Residential and Low Density Residential to the north, south and west. Also, tentative tract maps 6361, 6419, 6861, 6858, 6766 and 6968, are located within close proximity to the north and northwest of the project site. Land to the east is in agricultural use. 4) Proximity to intensive parcelization Although some agricultural lands nearby are currently producing agricultural crops, urban land use designations and existing and planned residential development projects for the area indicate that urbanization will occur in the area. The project site will be significantly and unavoidably affected by the close proximity of urbanized projects. The project site, as well as others in the area, is the next logical step for urbanization in this area due to its land use designation and urban development near the property. 5) Effects on properties subject to Williamson Act Land Use Contracts The proposed project area and adjacent properties are not under Williamson Act land use contracts. Therefore, no impacts on properties subject to such contracts are expected. 6) Ability to be provided with urban services The development may enter into an agreement with the City of Bakersfield to address various aspects of planning and development, including provisions of park land, trails, and open space, credits, infrastructure and public service financing, water facility development, subdivision mapping, vesting of rights, development by right, approval of subsequent applications, and other matters. The Development Agreement will contribute to orderly urban development of the project site and to the provision of adequate urban services. ,2, NKE9 Page 2 of 4 r � ORIGINAL 7) Ability to affect the application of agricultural chemicals on nearby agricultural properties The level of significance of any impact on local growers resulting from development of the proposed project is considered minimal due to restrictions and limitations that will inevitable be placed on the growers with proximity of existing and planned urban developments. It is suggested that a disclosure statement be included with the transfer of properties informing home buyers of the adjacent agricultural operations. 8) Ability to create a precedent- setting situation that leads to the premature conversion of prime agricultural lands The proposed project is not expected to create a situation that leads to the premature conversion of prime agricultural lands. The land use for the proposed project area is anticipated to be within the urban build -out area of the Metropolitan Bakersfield General Plan. The current land use designation of properties to the north, south and west demonstrate the project is along the logical path of urban development. 9) Demonstrated project need Substantial existing and planned urban development on properties adjacent and near the proposed project site indicates that this site is on the logical path of development. The proposed project will provide housing needs within the growing area. 10) Necessity of buffers such as lower densities, setback, etc. Buffer zones consist of a road, canal, walls, easements, setbacks, etc. The project site is adjacent to agricultural uses to the west. The development is not proposing the creation of additional buffer zones. The City of Bakersfield Zoning and Subdivision Ordinances have adopted policies to reduce impacts between agricultural and residential uses. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: The Planning Commission's findings as contained in its Resolution No. 45 -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 the 1 st amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for calendar year 2013 in accordance with Government Code Section 65358 (b). --- - - - - -- 000-- - - - - -- Page 3 of 4 o�0PKF9�� T owGINAI HEREBY CERTIFY that the foregoing Resolution was passed and ado ted Council of the City of Bakersfield at a regular meeting held on FEB 13 2013 by the following vote: le� 11 COUNCILMEMBER: MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON NOES: COUNCILMEMBER: i ABSTAIN: COUNCILMEMBER: /YSinD ABSENT: COUNCILMEMBER:.i ROBERTA GAFFORD, CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED FEB 131013 _,wf HARVEY L. HAIL MAYOR of the City of Bakersfi APPROVED as to form: ' VIRGINIA GENNARO City Attor y By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Mitigation Measures /Conditions of Approval B General Plan Amendment Map DL \S: \GPAs \GPA 4th 2012\ 12- 0373 \ResOrd \CC Resolution GPA.doc Page 4 of 4 by the o�`�AKF9.r s V O ORIGINAL Exhibit A Mitigation Measures /Conditions of Approval �- rn t— r v C) ORIGINAL EXHIBIT A MITIGATION MEASURES & CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT /ZONE CHANGE NO. 12 -0373 Air Quality and Green House Gas Mitigation Measures 1. 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 potential Air Quality and GHG impacts. Agricultural Impact Mitigation Measures 2. Prior to issuance of a grading or building permit for urban development, or support facilities as contemplated in the Project, whichever occurs last, the applicant shall mitigate the loss of net acreage of agricultural lands, on a one -to -one basis, by selection one or more of the items described below. Net acreage is to be calculated based on the exclusion of existing roads, proposed beltways, freeways, and arterial roads. The applicant shall submit written verification of the applicant's compliance with this mitigation measure to the Planning Director's satisfaction. Compliance with this condition may be phased as the project is developed. The net acreage of agricultural land to be mitigated shall be equal to the amount of land being developed as each phase is developed. a. Funding and /or purchase of agricultural conservation easements. Such easements shall be accepted or purchased and monitored and enforced by a land trust or another appropriate entity. Funds may be used for easement purchases, ongoing monitoring and enforcement, transaction costs, and reasonable administrative costs. b. Contribution of agricultural land or equivalent funding to an organization that provides for the preservation of farmland in California. Funds may be used for purchases, ongoing monitoring and enforcement, transaction costs, and reasonable administrative costs. c. Purchase of credits from an established agricultural farmland mitigation bank approved by applicable governmental authority. Mitigation for Agricultural impacts. 3. During the life of the Project, if the City of Bakersfield or other responsible agency adopts an agricultural land mitigation program that provides equal or more effective mitigation than measures listed above, the applicant may choose to participate in that alternative program to mitigate loss of agricultural land impacts. Prior to participation in the alternate program, the applicant shall obtain written approval from the City of Bakersfield agreeing to the participation, and the applicant shall submit written verification of compliance with the alternate program at the same time described above in the first paragraph. Agricultural land used for mitigation shall be of at least equal agricultural classification as K the land being converted or be capable of being developed as such; that is, mitigati§ri F9�� r r v o ORIGINAL. Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 12 -0373 Page 2 land shall be classified or developed as Prime Farmland, Farmland of Statewide Importance, etc., (as established by the California Department of Conservation in the Farmland Mapping and Monitoring Program), the mitigation acreage being at least equivalent in classification to the converted land, or being capable of producing the same or equivalent crops as the land being converted. Completion of the selected mitigation measure, or with the Planning Director's approval, a combination of the selected mitigation measures, can be on qualifying agricultural land within the San Joaquin Valley (San Joaquin, Stanislaus, Merced, Fresno, Madera, Kings, Tulare, Kern), or outside the San Joaquin Valley with written evidence that the same or equivalent crops can be produced on the mitigation land. Mitigation for Agricultural Impacts. Biological Impact Mitigation Measures 4. 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. 5. 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 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, g subject to a new or revised Habitat Conservation Plan, if approved, or be requirefo 9,p >- m v ID ORIGINAL. Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 12 -0373 Page 3 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 6. 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. 7. 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, may be encountered during site preparation activities, how to identify those ire oturces 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. o``' A' P, r V d ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 12 -0373 Page 4 Traffic Imcact Mitigation Measures 8. Traffic mitigation as required from the Traffic Study, Table 6. intersection /Mitigation4 Existing Total Year Improvemen Commercial 2035 is Project Future not Traffic@ Traffic + Covered Year 2035 Project by RTIF or funding PHV PHV %,•s PHV Snow Rd &Calloway Dr - AM Peak sources 2020: Provide signal- Warrant satisfied: 1 & 3 2020 + Proj: No mitigation required due to addition of project traffic 1639 22 0.95% 2319 2035: No improvements required for future 2035 traffic increases 2035 +Prol:No mitigation required due to addition of project traffic Snow Rd & Calloway Dr- PM Peak 2020: Provide signal- Warrant satisfied: 1 & 3 1488 27 1.27% 2121 2020 + Proj: No mitigation required due to addition of project traffic - 2035: No improvements required for future 2035 traffic increases 2035 +Proi:No mitigation required due to addition of project traffic Snow Rd & Quail Creek Rd - AM Peak 2020: No improvements required for future 2020 traffic increases 753 41 1.58% 2595 2020 + Proj: No mitigation required due to addition of project traffic 2035: add 1 ET, 1 WT, 1 NL & 1 NR 2035 +Proj:No improvements required due to future 2035 traffic increases Warrants 3 Satisfied Snow Rd & Q all Creek Rd - PM Peak 7 2020: No improvements required for future 2020 traffic increases 681 50 2.15% 2325 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required due to future 2035 traffic increases 2035 +Proj:Add 1NL& 1NR No Warrants Satisfied Slow Rd & Coffee Rd -AM Peak 2020: Add 1 NT, 1 ST, 1 ET, 1 WT 1280 23 0.70% 3296 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Provide signal - Warrants Satisfied: 1 &3; Add 1 EL, 1 WL, 1 NL, 1 SL 2035 +Prol:No mitigation required due to addition of project traffic Snow Rd & Coffee Rd -PM Peak 2020: Add 1 NT, 1 ST, 1 ET, 1 WT 1362 27 0.79% 3417 2020 + Proj: No mitigation required due to addition of project traffic 2035: Provide signal - Warrants Satisfied: 1 &3; Add 1 EL, 1 WL, 1 NL, 1 SL 2035 +Proj:No mitigation required due to addition of project traffic Norris Rd & Calloway Dr -AM Peak 7 2020: Add 1 NR 2020 + Proj: No mitigation required due to addition of project traffic 1533 20 0.38% 5307 See PM 2035: Add 2EL, 1 ET, 1 WL, 1 NT, 1 SL, 1 ST 2035 +Pro':No mitigation required due to addition of project traffic Norris Rd & Calloway Dr -PM Peak 1 2020: No improvements required for future 2020 traffic increases 1385 22 0.46% 4763 2EL, 1 ER, 2020 + Proj: No mitigation required due to addition of project traffic 1 ET, 1 SL & 2035: Add 2EL, 1 ET, 1 ER, 1 WT, 1 WL, 1 NT, l NL, 1 NR, 1 SL, 1 ST 1ST 2035 +Pro':No mitigation required due to addition of project traffic Norris Rd & Quail Creek -AM Peak 2020: No improvements required for future 2020 traffic increases 801 20 2.04% 979 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 +Proj:No mitigation required due to addition of project traffic No Warrants Satisfied Norris Rd & Quail Creek -PM Peak 2020: No improvements required for future 2020 traffic increases 2020 + Pro': No mitigation required due to addition of project traffic 618 25 3.17% 788 01< J� > m v o ORIGINAL. Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 12 -0373 Page 5 2035: No improvements required for future 2035 traffic increases 2035 +Proj:No mitigation required due to addition of project traffic No Warrants Satisfied Norris Rd & Coffee Rd -AM Peak See PM 2020: Add 1 ET, 1 WT, 1 NT 2020 + Proj: No mitigation required due to 1404 19 0.88% 2157 addition of project traffic 2035: Provide Signal- Warrants Satisfied: 1&3; Add 1 EL, 1 WL, 1 NL, 1 SL, 1SR 2035 +Proi:No mitigation required due to addition of project traffic Norris Rd & Coffee Rd -PM Peak 2020: Add 1 ET, 1 WT, 1 NT 2020 + Proj: No mitigation required due to addition of project traffic 1452 22 0.96% 2289 1 WT, WL, 2035: Provide Signal- Warrants Satisfied: 1&3; Add 1 EL, 1 WL, 1 NL, 1 SL, 1 NT & 1 NL 1SR 2035 +Prol:No mitigation required due to addition of project traffic Mitigation for Traffic Impacts Public Works 9. 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 (If a tentative subdivision map over the entire GPA /ZC area is submitted, than these conditions can be met with the map, otherwise they are to be completed prior to the issuance of a Certificate of Compliance for either a Lot Line Adjustment or Parcel Merger): a. Provide fully executed dedication for Snow Road to arterial standards and Quail Creek Road to collector standards along the full frontage of the area within the GPA /ZC request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Provide dedication for Hickory Hill Drive to local standards along the south boundary of the GPA /ZC request. Submit a current title report with the dedication documents. 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, unless otherwise approved by the City Engineer. 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. The GPA /ZC area is within the service area of the North of the River Sanitary District No. 1 (NORSD). Sewer service in this area must conform to the NORSD's adopted Sewer Study, and construction of sewer lines shall be per NORSD's requirements. All trenching backfill and paving within the public right -of -way shall require an Open Street Permit and be as per the City of Bakersfield's adopted standards. 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 KF any and all boundary streets to the centerline of the street, unless otherw vs� specified. The developer is also responsible for the construction of any off 7-e rn _ r ORIGINAL. Exhibit A Mitigation Measures 8 Conditions of Approval GPA /ZC 12 -0373 Page 6 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. 10. 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 or Parcel Merger for any portion of this GPA area. If the parcel is already within a consolidated maintenance district, the owner shall update the maintenance district documents, including the Proposition 218 ballot and the Covenant. The ballot and covenant shall be signed and notarized. For orderly development. 11. Payment of the proportionate share of the cost of the median for the arterial frontage (Snow Road) 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. Mitigation for traffic impacts. 12. Access to the arterial streets will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. Mitigation for traffic impacts. 13. The Seventh Standard Road and Coffee Road crossing of the Lerdo Canal need widening. Developer shall pay their proportionate share of the cost and shall aid in the formation of a Major Bridge and Thoroughfare District for the widening of the crossings. Mitigation for traffic impacts. 14. 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 list of mitigation measures from the traffic study in Table 6. An updated estimate, based upon current costs, and fee schedule shall 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: e. Norris Rd. and Calloway Dr., Add 2 EBL, 1 EBR, 1 EBT, 1 SBL, and 1 SBT, 0.46% share f. Norris Rd. and Coffee Rd., Add 1 WBT, 1 WBL, 1 NBT, and 1 NBL, 0.96% 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 Mitigation for traffic impacts. m 1- r v � ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 12 -0373 Page 7 15. Regional Transportation Impact Fee: Prior to the issuance of building permits, the project applicant shall participate in the RTIF program by paying the adopted commercial and residential unit fees in place for the various land use types at time of development. Mitigation for traffic impacts. 16. If adjacent properties are utilized for agricultural proposes and /or have not receive entitlements for development at the time of development on the subject property, then a covenant shall be recorded on all residential lots disclosing their proximity to agricultural uses and any associated affect on their property. Such proof shall be submitted to the Planning Director prior to recordation of final subdivision maps within the GPA area. For orderly development. 17. Prior to recordation of a final map, the subdivider shall pay an in -lieu fee based on a park land dedication requirement of 2.5 acres per 1000 population in accordance with Chapter 15.80 of the Bakersfield Municipal Code. If the number of dwelling units increases or decreases upon recordation of a final map(s), the park land requirement will change accordingly. For orderly development 18. Prior to recordation of a final map, the subdivider shall provide the Planning Department written proof /verification from North of the River Recreation and Park District that said project is within the NOR Park Maintenance District. North of the River Recreation and Park District requested condition for orderly development. 19. Development fees will be required for all residential units. These will be required to meet the adopted fee structure in effect at the time of building permit is obtained. For orderly development. 20. Prior to recordation of a final map, the subdivider shall pay the in -lieu park land fees in accordance with Bakersfield Municipal Code Chapter 15.80. Subdivider is responsible for meeting the requirements of BMC Chapter 15.80. In summary, the subdivider is to provide the following: a. Approximately 6 weeks before the expected date of recordation of a final map, submit to North of the River Recreation and Park District a "Complete Summary" appraisal prepared by a qualified appraiser. b. The appraisal shall be in the form of a "Complete Summary" appraisal in accordance with City Council policy Resolution 59 -95 and dated within 3 months of the expected date of recordation of the final map. An appraisal dated more than 3 months may be acceptable under certain specific circumstances. c. The appraisal shall determine the fair market value of the land to be subdivided at its unimproved state. The subdivider is responsible for all costs incurred in preparation, revision or update of the appraisal. (See BMC Section 15.180.100) If the appraisal is acceptable, the North of the River and Park District will calculate ap8 KFy� notify the developer of the amount of the fee. Payment is to be made priorss°to m F-- r U G ORIGIN!V Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 12 -0373 Page 8 recordation of the final map to North of the River Recreation and Park District. A copy of the payment acknowledgment received from the District is to be submitted to the City Public Works and Planning Department prior to recordation. For orderly development. 21. Prior to recordation of a final map, the subdivider shall contact North of the River Recreation and Park District. It is recommended the subdivder contact the District at least 2 or 3 months prior to the expected date of recordation. For orderly development. City Attorney 22. 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 and 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. DL \S: \GPAs \GPA 4th 2012 \12 - 0373 \AdminSR \Exhibit A.doc o``�AKF9YP r ~" r V O ORIGINAL_ Exhibit B General Plan Amendment Map > m !- r U � ORIGINAL M ti M O N T- Z W Z W Q Z Q J J Q W Z W CD V � ORIGINAL