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Home My WebLink AboutORD NO 3415ORDINANCE NO. 8 & ~ 5 AN ORDINANCE AMENDING SECTIONS 17.64.110, 17.64.120, 17.64.130 AND 17.64.140, AND REPEALING CHAPTER 17.68 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ZONE CHANGES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 17.64.110 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.64.110 Enactment. Except as provided in Section 17.64.120, this section shall govern the procedure for the enactment of an ordinance changing property from one zone to another, changing the boundary of any zone, pre-zoning or adopting zone districts. A. Initiation. Proceedings for such redistricting of property may be initiated by the city council, planning commission, planning director or by filing with the planning director an application signed by one or more of the record owners of the parcel of property which is the subject of the application or an agent of the owner authorized in writing. In the event that an application by owners involving more than one parcel of land is submitted for district amendment or adoption, owners of parcels representing at least sixty percent of the area involved must sign the application. The names of all record owners of all land involved must be stated on the application. B. Preliminary Determination. Within ten days after initiation of a zone change, the planning director shall determine whether the amendment is consistent with the adopted general plan and applicable specific plan. C. Inability to Find Consistency. If the planning director is unable to find such consistency, the determination shall be in writing and, in the case of proceedings initiated by application, notice of the determination shall be given by mailing such notice through the United States mail to the applicant and to any person designated in the application to receive notice. Proceedings shall be terminated without prejudice to the right to file a subsequent application. Upon such termination, ninety-seven and one-half percent (97 1/2 %) of the fee shall be returned to the applicant. D. Determination of Consistency - Notice of Hearing. If the planning director is able to find such consistency, he shall so determine in writing and shall, not less than ten days before the date of the hearing, give notice of the date, time, place of hearing, location of the property, the nature of the request and of the determination of consistency, in the following manner: 1. Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant. 2. Notice of the hearing shall be mailed or delivered at least 10 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. 3. Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of real property that is the subject of the hearing. In-lieu of utilizing the assessment roll, records of the county assessor or tax collector which contain more recent information than the assessment roll may be utilized. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph or paragraph (1) is greater than 1,000, 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 10 days prior to the hearing. 4. If the notice is mailed or delivered pursuant to paragraph (3), the notice shall also either be: a. Published in at least one newspaper of general circulation within the city at least 10 days prior to the hearing. b. Posted at least 10 days prior to the hearing in at least three public places within the city including one public place in the area directly affected by the proceeding. c. Mailed to every person filing with the planning director a written request for notice. 5. In addition to the notice required by this section, notice of the hearing may be given in any other manner deemed necessary or desirable by the planning director. - 2 - SECTION 2. Section 17.64.120 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.64.120 Procedure. This section shall govern the procedure for the enactment of an ordinance changing property from one zone to another, changing the boundary of any zone, pre-zoning (zoning upon annexation) or adopting a zone district. A. A public hearing shall be held and conducted by the planning commission, notice of which shall be given as set forth in subsection D of Section 17.64.110. B. The planning commission shall either approve and recommend the enactment of the proposed amendment; conditionally approve and recommend the enactment of the proposed amendment subject, where appropriate, to contractual commitment and surety bonding to satisfy specified conditions; disapprove it or recommend an alternative zoning district more restrictive than that proposed. C. If any proposed zoning is disapproved by the planning commission and no appeal is filed, such action by the planning commission shall be final and conclusive. The disapproval of a matter initiated by the planning commission itself shall be final, and not subject to appeal. D. All approvals and recommendations of zone changes by the planning commission shall be presented to the city council for final action following public hearing by the planning commission. Matters so presented to the city council for final action shall not require a noticed public hearing before the city council except as required by section 17.64.140 or unless an appeal is filed pursuant to section 17.64.130. SECTION 3. Section 17.64.130 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.64.130 Appeals. The rules set forth in this section shall govern appeals from the action of the planning commission. - 3 - A. Filing. Within ten days after the date of the final action by the Planning Commission, any interested person, including the applicant, may appeal by filing with the city clerk a written appeal. The written appeal shall include the appellant's interest in or relationship to the subject property, the decision of approval and recommendation, conditional approval and recommendation or disapproval and specific reasons why the appellant believes the decision of the planning commission should not be upheld. B. Notice of Hearing. Notice of an appeal shall be given pursuant to subsection D of section 17.64.110. C. Public Hearing on Appeal. The city clerk shall set the date for hearing the appeal. The public hearing before the city council shall be held at the place for which set and noticed, commencing at the time indicated, or as soon thereafter as the matter can be heard. D. Council Action on Appeal. 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, where appropriate, defer first reading of the amendment pending the contractual commitment of the property owner with surety bonding to satisfy specified conditions, may decide in favor of the appeal and give first reading to the ordinance effectuating the zone change without some or all of the conditions recommended by the planning commission, or may decide against adoption of the proposed zoning ordinance amendment. The decision of the council shall be final and conclusive. SECTION 4. Section 17.64.140 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.64.140 Council action when Dlannin~ commission decision not appealed - Conditions for reaDDlication. A. When no appeal is filed in accordance with Section 17.64.130, the city council may enact into ordinance any zone changes as approved and recommended by the planning commission in accordance with its normal procedure as in the case of any other ordinance of the city. B. If the council decides to disapprove the recommended zone change, approve a district more restrictive than that recommended, or change any of the conditions recommended by the planning commission, the city council shall set the matter for a noticed public hearing at the next available regular meeting for which notice, as required in section 17.64.110, may be published, posted and mailed. C. At said public hearing, the city council may approve the zone change as recommended by the planning commission, disapprove said zone change, approve a district more restrictive than that recommended or change any of the recommended conditions. D. No Permit to be Issued. No permit or license shall be issued for any use involved in an application for a change of zone until the same has become final on the effective date of an ordinance. E. Reapplication. Where an application for a zone change has been finally determined by the city council or planning commission, no reapplication or new application for the same zone change shall be considered or heard by the planning commission or city council for a period of one year. However, where a change has occurred which, in the sound discretion of the city council or the planning commission, indicates that a new hearing should be had on an application for a zone change and where a showing has been made to the city council or the planning commission that the public interest would best be served by reconsideration or new consideration, the prohibition of this subsection may be waived after a finding by the body petitioned that the public interest would best be served by a reconsideration or a new hearing. SECTION 5. Chapter 17.68 (Zoning Upon Annexation) of the Bakersfield Municipal Code is hereby repealed. SECTION 6. 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. .......... o0o .......... - 5 - 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 NOV 9 0 1QQ1 , by the following vote: AYEB; COUNCILMEMBERS: EDWARDS DeMONO, SMITH, BRUNNt PETERSON, McDERMOTT, SALVAGGIO NOES; COUNCILMEMBERS A~SENT [~,OUNCILMEMBERS ABSTAIN: COUNCILMEMBERS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED N0¥ 2 0 ~991 MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield LCM/meg ZONEPROC.O-4 9/30/91 - 6 - AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) County of Kern) CAROL WILLIAMS, That she is the of Bakersfield; SS. Being duly sworn, duly appointed, acting and that on the 25th posted on the Bulletin Board at City the following: Ordinance No. City Council at a meeting held on the and entitled: deposes and says: and qualified City Clerk day of Nov~ber , of the City 1991 she Hall, a full, true and correct copy of 3415 , passed by the Bakersfield 20th day of November , 19~.~_, NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield DEPUTY City Clerk