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HomeMy WebLinkAboutORD NO 3575OPd)INANCE NO. ~ 5 7 .~ AN ORDINANCE AMENDING PARAGRAPH E OF SECTION 17.08.080 OF TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO RECONSTRUCTION OF DAMAGED NON-CONFORMING BUILDINGS. WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a proposal to amend Paragraph E of Section 17.08.080 of Title 17 relating to the reconstruction of damaged non-conforming buildings with the addition of a provision to allow contiguous unreinforced masonry buildings to consolidate into one larger building with an increased floor area of 150% of the original buildings; and WHEREAS, on November 4, 1993, the Planning Commission fop0varded a report with no recommendation regarding said ordinance proposal to City Council; and WHEREAS, this Council has considered the Commission's report and adopts the following findings: 1. All required public notices have been published as required by the Bakersfield Municipal Code and California Government Code. 2. The provisions of CEQA have been followed and the project has been found to be exempt from those provisions under the general rules set forth in Section 15061(b)(3) of the CEQA guidelines. 3. The amendment is consistent with the goals, policies and objectives of the Metropolitan Bakersfield 2010 General Plan. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield, that: 1. The amendment to Title 17 of the Bakersfield Municipal Code is hereby approved as follows: SECTION l. Paragraph E of Section 17.08.080 of Title 17 of the Bakersfield Municipal Code if hereby amended to read as follows: 17.08.080 Reconstruction of damaged non-conforming buildinas. The provisions of Subsection A of this section shall not apply to the remodeling, reconstruction or replacement of buildings pursuant to Chapter 15.40 regarding seismic strengthening for unreinforced buildings, provided there is no change in use of the building and no increase in the gross square footage of the building as it existed immediately prior to the remodeling, reconstruction or replacement. Where two or more contiguous unreinforced masonry buildings are combined for the construction of a new building or remodeled as one building, the square footage of that reconstructed building may be increased to 150 percent of the combined square footage of the unreinforced masonry buildings as they existed immediately prior to the remodeling, reconstruction or replacement. This subsection shall expire and shall be on no further force or effe. ct after December 31, 1998. SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ......... o00 ......... -2- I 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 dAN 1 2 19§~, , by the following vote: AYES: COUNCILMEMBERS ~K~,,JJC.~qI~, EDWARDS, DeMOND, SMITH, BRUNNI, ROWLES, SALVAGGIO NOES: COUNCILb';EMBERS ABSTAIN: COUNCiLMEMBERS ~Drl~ ,t,B.~ENT: COUNCILMEMBERS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JAN ! 2 ~g~ MAYOR of the City of Bakersfield APPROVED as to form: CITY ATI'ORNEY of the City of Bakersfield JE:pjt December 2, 1993 res\ourm.cc RESOLUTION NO. 62-93 RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING AMENDMENT OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO RECONSTRUCTION OF DAMAGED NON-CONFORMING BUILDINGS. WHEREAS, the City of Bakersfield, filed an application requesting to amend Paragraph E of Section 17.08.080 of Title 17 relating to the reconstruction of damaged non-conforming buildings with the addition of a provision to allow contiguous unreinforced masonry buildings to consolidate into one larger building with an increased floor area of 150% of the original buildings; and WHEREAS, the Planning Commission, through its Secretary, did set, November 1, 1993, at the hour of 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before said Planning Commission on said application, and notice of the public hearing was given in the manner provided in Title Seventeen of the Bakersfield Municipal Code; and WHEREAS, this item was continued to November 18, 1993, as there was no quorum necessary to take action on the proposed ordinance amendment; and WHEREAS, for the above-described project, it was determined that the proposed project was exempt from the provisions of CEQA and the City of Bakersfield CEQA's Implementation Procedures; and WHEREAS, the law and regulations relating to the preparation of a Notice of Exemption as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission; and WHEREAS, at said public hearing the Planning Commission found as follows: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act (CEQA) have been followed and the project has been found to be exempt from those provisions under the general rules set forth in Section 15061(b)(3) if the CEQA Guidelines. 3. The proposed zone change, as conditioned, is consistent with the Metropolitan Bakersfield 2010 General Plan. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD as follows: 1. That the above recitals, incorporated herein, are true and correct. 2. That the zone text amendment as written in Exhibit "A" is hereby approved with a recommendation that the City Council approve this amendment. On a motion by Commissioner Marino and seconded by Commissioner Hersh, the Planning Commission approved the foregoing, and recommend same to the City Council by the following roll call vote: AYES: Commissioners Delgado. Hersh, Marino, Messner, Rosenlieb NOES: None ABSTAINED: Commissioner Andrew ABSENT: Commissioners Powers, Slocumb I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting thereof held on the 18th day of November, 1993. DATED: November 18, 1993 PLANNING COMMISSION THE CITY OF BAKERSFIELD )f~L~LC-YcHA~ DISTY, Secre/ta~ Planning Director // JE:pjt December 2, 1993 res\rourm.pc AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) CAROL WILLIAMS, 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 13th day of January, 1994 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3575, passed by the Bakersfield City Council at a meeting held on the 12th day of January, 1994, and entitled: AN ORDINANCE AMENDING PARAGRAPH E OF SECTION 17.08.080 OF TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO RECONSTRUCTION OF DAMAGED NON-CONFORMING BUILDINGS By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield DEP~City Clerk