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.
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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
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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