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Home My WebLink AboutORD NO 4913ORDINANCE NO. 4 9 1 3 AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.64.060 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO MODIFICATIONS AND CONDITIONAL USE PERMITS - APPEAL HEARINGS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 17.64.060 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.64.060 Modifications and conditional use permits— Hearing— Decision and findings. A. Following the public hearing, the board of zoning adjustment, planning commission or city council may grant, grant in modified form, conditionally grant, or deny the requested waiver or modification. Such decision shall be reflected in a formal resolution containing the findings and the facts upon which the findings are based. B. Findings Required for Modification. A modification shall be granted only when it is found that: 1. The granting of such modification would not be materially detrimental to the public welfare, nor injurious to the property or improvements in the zone or vicinity in which the property is located; and 2. The granting of the modification is necessary to permit an appropriate improvement or improvements on a lot or lots, including, but not limited to, modification of such regulations for some or all lots within a subdivision to facilitate zero -lot -line or other atypical subdivision development; and 3. The granting of the modification would not be inconsistent with the purposes and intent of Title 17 of this code. C. Findings Required for Conditional Use Permit. A conditional use permit shall be granted only when it is found that: 1. The proposed use is deemed essential or desirable to the public convenience or welfare; and 8``0AKF9sT m -- Page 1 of 4 Pages — 0 0 ORIGINAL. 2. The proposed use is in harmony with the various elements and objectives of the general plan and applicable specific plans. D. Conditions. The issuance of any modification or conditional use permit pursuant to this title may be granted subject to such conditions as may be deemed appropriate or necessary to assure compliance with the intent and purpose of the zoning regulations and the various elements and objectives of the general plan and applicable specific plans and policies of the city or to protect the public health, safety, convenience, or welfare. Dedications of real property may be required and improvements of public streets shall be in accordance with standard specifications of the city on file in the office of the city engineer. E. Exercise of Rights. The exercise of rights granted by a modification or conditional use permit shall be commenced within two years after the date of the final decision. F. Termination of Rights. The modification or conditional use permit shall terminate, and all rights granted therein shall lapse, and the property affected thereby shall be subject to all of the provisions and regulations of Title 17 applicable to the zone in which such property is classified, when any of the following occur: 1. There is a failure to commence the exercise of rights as required by subsection E of this section, or within any duly granted extension; 2. There is a discontinuance for a continuous period of one year of the exercise of the rights granted. G. Extension of Time. Any time limit contained in this chapter or in any decision, for good cause shown, may be extended by the body issuing the initial conditional use permit or modification for a period which shall not exceed one year. 1. The property owner may request an extension of the time limit by written application to the planning director or his or her designee. Such application shall be filed before the expiration date of the conditional use permit or modification. The application shall provide reasons for extension of the permit or modification. 2. Upon the receipt in proper form of an application for an extension, along with the fee adopted pursuant to Section 3.70.040, the planning director shall fix a time and place of public hearing thereon. The hearing shall be noticed as set forth in subsection B of Section 17.64.050. oF0AHF9N T m -- Page 2 of 4 Pages ORIGINAL 3. Following the public hearing, the hearing body shall approve, conditionally approve, or deny extension of the conditional use permit or modification. H. Revocation of Rights. The board of zoning adjustment may revoke the rights granted by such modification or conditional use permit and the property affected thereby shall be subject to all of the provisions and regulations of Title 17 of this code applicable as of the effective date of revocation. Such revocation shall be for good cause, including, but not limited to, the failure to comply with conditions or complete construction as required by subsection F of this section, the failure to comply with any condition contained in the modification or conditional use permit, or the violation by the owner or tenant of any provision of the municipal code pertaining to the premises for which such modification or conditional use permit was granted. 1. Notice of the intent to revoke shall be given, together with the reasons therefor, either by personal delivery to the occupant of such premises, to the owner of such premises, to any person indicated in the permit as being entitled to exercise the permit, or by deposit in the United States mail, postage prepaid, addressed to such person(s) at his or her last known business or residence address as the same appears in the records of the modification or conditional use permit. Service by mail shall be deemed to have been completed at the time of deposit in the post office, or any United States mailbox. 2. The decision of the board of zoning adjustment shall be final, subject to appeal to the city council within ten days after notice. 3. When a proper appeal has been filed, public hearing upon the matter shall be set before the city council within a reasonable time after the appeal is filed. 4. Not less than ten days before the date of such public hearing, notice of the time and place of the hearing before the body shall be given as set forth in subsection B of Section 17.64.050. 5. On appeal, the city council may affirm the revocation, overturn the revocation or modify the order of revocation. 6. The decision of the city council shall be final and conclusive I. Date of Issuance. No permit or license for any use involved in an application for a modification or conditional use permit shall be issued until same has become final by reason of the failure of any person to appeal or by reason of the action of the city council. o�epKFq > m -- Page 3 of 4 Pages — o 0 ORIGINAL SECTION 2. 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. - - - - - -- 00000-- - - - - -- 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 JUN 1 0 1017 by the following vote: �-v� ✓ ✓ ✓ ✓ Vim]/ COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, EARLIER NOFS COUNCILMEMBER: ND egBsiAit-> COUNCILMEMBER: �rnAn ABSENT: COUNCILMEMBER: Nero CHRISTOPHEFOGERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: JUN 2 0 2017 By: 4 KAREN GOH, Mayor City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: v RICHARD IGER Deputy City Attorney RI *1sc s,TCOUNCIL\,di\1 6 11w.51.010 CUFCApplbgi Fmd«.N oQ gAKF9 sr in Page 4 of 4 Pages -- 0 o ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ss. County of Kern ) CHRISTOPHER GERRY, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield, and that on the 3rd day of July, 2017 he posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4913 passed by the Bakersfield City Council at a meeting held on the 28th day of June. 2017 and entitled: AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.64.060 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO MODIFICATIONS AND CONDITIONAL USE PERMITS — APPEAL HEARINGS. CHRISTOPHER GERRY Acting City Clerk and Ex Officio of the Council of the City of Bakersfield By: 9" P��j DEP City Clerk S?DOCUMENT ORMSWOP.ORD wpd o``gAKF9N r m v p ORIGINAL