HomeMy WebLinkAboutORD NO 4086ORDINANCE NO. 4 0 8 6
AN ORDINANCE AMENDING SECTION
17.64.090 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO APPEALS--
MODIFICATIONS, CONDITIONAL USE
PERMITS AND ZONE CHANGES
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 17.64.090 is hereby amended to read as follows:
17.64.090 Appeals--Modifications, conditional use permits and zone changes.
A. The action of the board of zoning adjustment or planning commission shall be final
unless, within ten calendar days after the decision, the applicant or any other person shall
appeal therefrom in writing to the city council by filing such appeal with the city clerk. A
decision of the city council shall be final and conclusive.
B. The appeal shall include the appellant's interest in or relationship to the subject property,
the decision or action appealed, and specific reasons why the appellant believes the
decision or action from which the appeal is taken should not be upheld.
C. The city clerk shall set the date for hearing the appeal. Notice of the appeal hearing
shall be given as set forth in Section 17.64.050.
D. For modifications and conditional use permits, on appeal following the hearing, the city
council may grant, grant in modified form, or deny the requested modification or conditional
use permit. The decision of the council shall be final and conclusive.
E. For zone changes, on appeal following a public hearing, the council may enact into
ordinance the zoning amendment giving rise to the appeal or any alternative zoning district
more restrictive than that proposed, may affirm any conditional approval and
recommendation of the planning commission and, or may decide against adoption of the
proposed zoning ordinance amendment. The decision of the council shall be final and
conclusive. (Ord. 3746 § 17 (part), 1997)
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.
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ORiGINAl
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 SEP ! 8 200Z ,
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERCARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER ['d<;3~-~
COUNCILMEMBER ~'~._
COUNClLMEMBER ~
CITY CLERK and EX OFFICI~ of the
Council of the City of Bakersheld
APPROVED: SEP 1 8 2002
H_ARV_EY L. HALL, May(:~'
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorne~
- 91~INIA G,E~INARO
Deputy City Attorney
VG:alj
S:\COUNCIL\ORDS\I 7.64.090AMN D.AP P EALS,DOC
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ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA'
County of Kern
SS.
PAMELA A. McCARTHY, 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 19th day of September , 2002 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4086 , passed by
the Bakersfield City Council at a meeting held on the 18th day of September 2002
and entitled:
AN ORDINANCE AMENDING SECTION 17.64.090 OF
THE BAKERSFIELD MUNICIPAL CODE RELATING TO
APPEALS, MODIFICATIONS, CONDIITONAL USE
PERMITS AND ZONE CHANGES.
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield