HomeMy WebLinkAboutORD NO 4676ORDINANCE NO. 4676
ORDINANCE DELETING SECTION 16.16.110 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO APPROVAL
OF DEVELOPMENT ENTITLEMENT, ADDING SECTION
16.12.075 RELATING TO APPROVAL OF MAPS, AND
ADDING SECTION 17.08.210 RELATING TO APPROVAL OF
DEVELOPMENT ENTITLEMENT.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 16.16.110 of the Bakersfield Municipal Code is hereby deleted in its
entirety.
SECTION 2.
Section 16.12.075 of the Bakersfield Municipal Code is hereby added to
read as follows:
16.12.075 Approval of maps conditioned on indemnification of city.
As a condition of approval of any map in this title, including but not
limited to a general plan amendment, tract map or parcel map, the city shall
require that the applicant and /or property owner and /or subdivider indemnify,
defend, and hold harmless the city of Bakersfield, its officers, agents, employees,
departments, commissioners, or boards against any and all liability of any kind
arising from the terms and provisions of the development entitlement
application, including, without limitation, any California Environmental Quality
Act (CEQA) approval or any related development approvals or conditions.
Terms of this condition shall be subject to approval by the city attorney.
SECTION 3.
Section 17.08.210 of the Bakersfield Municipal Code is hereby added to
read as follows:
17.08.210. Approval of development entitlement conditioned on indemnification
of city.
As a condition of approval of any development entitlement, including but
not limited to a zone change, conditional use permit, modification or site plano� �AKF9
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review, the city shall require that the applicant and /or property owner and /or
subdivider indemnify, defend, and hold harmless the city of Bakersfield, its
officers, agents, employees, departments, commissioners, or boards against any
and all liability of any kind arising from the terms and provisions of the
development entitlement application, including, without limitation, any
California Environmental Quality Act (CEQA) approval or any related
development approvals or conditions. Terms of this condition shall be subject to
approval by the city attorney.
SECTION 4.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
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ORIGINAL.
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
MAY Q g 2012 by the following vote:
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ABSTAIN:
ABSENT:
APPROVED:
✓ ,/ ✓ ✓ ✓ --
COUNCILMEMBER: SALAS, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, JOHNSON
COUNCILMEMBER: r)-t)�
COUNCILMEMBER: in U
COUNCILMEMBER: ii
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ROBERTA GAFFORD, C
CITY CLERK and Ex Off ci Clerk of the
Council of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: I"-
ANDREW HEGLU D
Deputy City Attorney
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 11th day of May, 2012 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4676, passed by the
Bakersfield City Council at a meeting held on the 9th day of May, 2012 and entitled:
AN ORDINANCE N C AMENDING
RELATING TO THE
BAKERSFIELD MU TO APPROVAL OF
DEVELOPMENT ENTITLEMENT, ADDING SECTION 16.12.075 NG RELATING TO APNROV TO O APPROVAL N OF D DIEVE O MENT
17.08.210 RELAT
ENTITLEMENT.
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: &J
DEP 4citylerk
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