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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 S:\ C0UNCIL \0rds \1 1 -12 Ords \16.16.1 10.DevEntitlement.2d.docx F' m -- Page 1 of 3 Pages -- o ORIGINAL 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. --- - - - - -- 000---- - - - - -- S: \COUNCIL \Ords \11 -12 Ords\ 16.16.110.DevEntitlement.2d.dou -- Page 2 of 3 Pages -- o`�gAK�9� U � 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: QE ABSTAIN: ABSENT: APPROVED: ✓ ,/ ✓ ✓ ✓ -- COUNCILMEMBER: SALAS, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, JOHNSON COUNCILMEMBER: r)-t)� COUNCILMEMBER: in U COUNCILMEMBER: ii MAY p 20,12 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 AH:Isc SAC0UNCIL \0rds \11 -12 Ords \16.16.1 IO.DevEntitlement.2d.docx -- Page 3 of 3 Pages -- o`��AKF9`s -c� m --+nIrINAL 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 S: \DOCUME Nl1FORMS\AOP.ORD. wpd > m �= o ORIGINAL