HomeMy WebLinkAboutORD NO 5094ORDINANCE NO. 5 0 9 4
ORDINANCE AMENDING SECTION 17.64.050 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
MODIFICATIONS, CONDITIONAL USE PERMITS,
AMENDMENTS AND APPEALS TO REFLECT THE NAME
CHANGE FROM THE DIVISION OF OIL AND GAS
RESOURCES (D.O.G.G.R.) TO THE GEOLOGIC ENERGY
MANAGEMENT DIVISION (CALGEM) OF THE DEPARTMENT
OF CONSERVATION, STATE OF CALIFORNIA.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 17.64.050 of the Bakersfield Municipal Code are hereby amended
to read as follows:
17.64.050 Hearings- Notices.
A. Procedure for Director Review and Approval Permits. Any application for a
director review and approval permit shall be considered by the planning director
after it is publicly noticed in the following manner:
1. Not less than ten days before the planning director decision, a direct
mailing shall be sent to the owners and/or occupants of property located within
three hundred feet of the boundaries of the project site, as shown on the latest
equalized assessment roll.
2. Notice shall also be given by first class mail to any person who has filed
a written request with the planning division. The city may impose a reasonable fee
on persons requesting such notice for the purpose of recovering the cost of such
mailing.
3. Such notice shall include the following information: the name of the
applicant, nature of the request, location of the property, the environmental
determination, the proposed date of "planning director decision" (ten days from
date of notice), and the appropriate method and deadline for written or verbal
comments to be submitted to the city for consideration.
4. Substantial compliance with these provisions shall be sufficient and a
technical failure to comply shall not affect the validity of any action taken
pursuant to the procedures set forth in this section.
Ordinance Amending Section 17.64.050 Relating to Modifications, Conditional Use Permits, etc.
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5. Alternatively, at his/her discretion, the planning director may refer the
proposed use directly to the planning commission for a public hearing and
decision. If the proposed use is referred to the planning commission, the noticing,
hearing, and planning commission appeal procedures of subsection B of this
section, shall be followed.
6. For any director review and approval permit application filed in
conjunction with any discretionary application (including a conditional
use permit, tentative subdivision map, etc.), the applicant shall file the
application concurrently, for review with the application requiring discretionary
approval.
B. Procedure for Conditional Use Permits and Zone Changes. Upon the receipt in
proper form of a complete application for a conditional use permit, or
zone change, along with the fee adopted pursuant to Section 3.70.040, the
planning director shall fix a time and place of public hearing thereon in the
following manner:
1. Not less than ten days before the date of such public hearing, notice of
the date, time and place of hearing, along with the location of the property and
the nature of the request shall be given.
2. Notice of the hearing shall be mailed or delivered at least ten days prior
to the hearing to the owner of the subject real property of the owner's duly
authorized agent, and to the project applicant.
3. Notice of the hearing shall be mailed or delivered at least ten days prior
to the hearing to each local agency (if not the city) expected to provide water,
sewage, streets, roads, schools or other essential facilities or services to the
project, whose ability to provide those facilities and services may be significantly
affected.
4. Notice of the hearing shall be mailed or delivered at least ten days prior
to the hearing to all owners of real property as shown on the latest equalized
assessment roll within three hundred feet of real property that is the subject of the
hearing. If the number of owners to whom notice would be mailed or delivered
pursuant to this subsection or subsection (B) (2) of this section is greater than one
thousand, in lieu of mailed or delivered notice, notice may be provided by
placing a display advertisement of at least one -eighth page in at least one
newspaper of general circulation within the city at least ten days prior to the
hearing. Notice of hearing upon each application for a conditional use permit to
allow drilling for and production of petroleum pursuant to Chapter 15.66 of this
code shall be mailed to such owners of all property that is the subject of the
hearing, and the production operator of record of subject real property as shown
Ordinance Amending Section 17.64.050 Relating to Modifications, Conditional Use Permits, etc. aK
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in the State of California Department of Conservation, Geologic Energy
Management Division (herein CaIGEM) records as of thirty days of the date of
application of the conditional use permit. The applicant shall be responsible for
obtaining the operator's name and address from CaIGEM and submitting such
documentation from the division with the application for a conditional use permit.
5. Notice shall be published in at least one newspaper of general
circulation within the city at least ten days prior to the hearing.
6. Notice shall be mailed to every person filing with the planning director a
written request for notice.
7. In addition, not less than twenty days but not more than sixty prior to the
hearing on any general plan amendment, specific plan, zone change, or
conditional use permit, the applicant shall post signs on the property indicating
the date, time, and place of the hearing on the proposed general plan
amendment, specific plan, zone change, or conditional use permit.
a. One sign shall be posted for every three hundred feet of street
frontage, or portion thereof, with a maximum of two signs per street frontage. If
no portion of the property fronts an existing public street, at least one sign shall be
posted on the property nearest the point of legal access from a public street or
as otherwise directed by the planning director.
b. For general plan amendment, specific plan, zone change, and
conditional use permit on an undeveloped site, the size of the signs shall be eight
feet wide by four feet high. Lettering style, formatting, mounting, and materials to
be used shall be as set forth in the administrative policy manual approved by the
development services director.
c. For a conditional use permit on a developed site in all
nonresidential zones, the size of the signs shall be four feet wide by four feet high.
The signs shall be posted along the street frontage, but not in the public right-of-
way. In addition, a smaller sign (e.g., 1 1" x 17"), at the discretion of the planning
director, shall be placed in the window of the facility where the activity will occur.
For a conditional use permit on a developed site in a residential zone, the
provisions of Section 17.60.070(C) shall apply.
d. The applicant shall file with the planning department, on a form
provided by the city, photograph(s) of the posted sign(s) and a declaration,
signed under penalty of perjury, that the property has been posted according to
the requirements of this section.
e. If the applicant fails to post the signs within the specified time, and
if the photographs and declaration are not filed with the planning department
Ordinance Amending Section 17.64.050 Relating to Modifications, Conditional Use Permits, etc. 6��F
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within five days of the signs being posted, the public hearing may be postponed,
until the signs are posted and proof of posting has been submitted.
f. The applicant shall remove all signs posted pursuant to this section
within ten days after final city action on the general plan amendment, specific
plan, zone change, or conditional use permit. Should the applicant withdraw their
application for a general plan amendment, specific plan, zone change, or
conditional use permit, all signs posted shall be removed within ten days of the
withdrawing of the application.
g. Should the applicant fail to remove any sign within the specified
time, the city may remove any such sign and the costs thereof shall be borne by
the applicant.
C. When proceedings are initiated for the amendment of any provision of Title
17, other than amendments changing property from one zone to another, or
changing the boundary of any zone, a public hearing shall be held. Notice of
such hearing shall be given once by publication in a newspaper of general
circulation in the city, which notice shall state the time, date and place of such
hearing and a general description of the nature of the proposed text
amendment.
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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Ordinance Amending Section 17.64.050 Relating to Modifications, Conditional Use Permits, etc. 3AKF9
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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 0 4 2022 by the following vote:
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AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH,GRAY, PARLIER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
BSENT: COUNCILMEMBERWejY. FYja Y &n
APPROVED: MAY 0 4 2022
By
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
:,
VIRIDIANA GALLARDO-KING
Deputy City Attorney
ULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
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Ordinance Amending Section 17.64.050 Relating to Modifications, Conditional Use Permits, etc. AK
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
JULIE DRIMAKIS, 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 6th day of May, 2022 she posted on the Bulletin Board at City Hall, a full,
true and correct copy of the following: Ordinance No. 5094, passed by the Bakersfield
City Council at a meeting held on the 4th day of May, 2022 and entitled:
ORDINANCE AMENDING SECTION 17.64.050 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO MODIFICATIONS, CONDITIONAL USE PERMITS,
AMENDMENTS AND APPEALS TO REFLECT THE NAME CHANGE FROM THE
DIVISION OF OIL AND GAS RESOURCES (D.O.G.G.R.) TO THE GEOLOGIC
ENERGY MANAGEMENT DIVISION (CALGEM) OF THE DEPARTMENT OF
CONSERVATION, STATE OF CALIFORNIA.
JULIE DRIMAKIS, MMC
City Clerk and Ex Officio of the
Council- of the City of Bakersfield
BAUD�Clerk��
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