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HomeMy WebLinkAboutORD NO 3503ORDINANCE NO. 3 ~ 0 3 AN ORDINANCE ADDING PARAGRAPH E TO 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 adding Paragraph E to Section 17.08.080 of Title 17 relating to the reconstruction of damaged non-conforming buildings; and WHEREAS, on October 15, 1992, the Planning Commission forwarded a report with no recommendation regarding said ordinance proposal to the City Council; and WHEREAS, this Council has considered the Commission's report and adopts the following findings: All required public notices have been published as required by the Bakersfield Municipal Code and California Government Code. 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. 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: The amend~nent to Title 17 of the Bakersfield Municipal Code is hereby approved as follows: SECTION 1. Paragraph E is hereby added to Section 17.08.080 of Title 17 of the Bakersfield Municipal Code as follows: 17.08.080 Reconstruction of damaged non-conforming buildin~,s. 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 until January 1, 1998, provided there is no change in use of the building and no increase in the gross square footage of the building or buildings if merged with adjacent unreinforced masonry buildings. 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. ......... O00 ......... 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 ou D.~[C ~ laa~ , by the following vote: AYES: COUNCILMEMBEP,S: EDWARDS, DeMO/~,/.D/~ ~S~'I'H~, BRUNNI, PETERSON, McDERMOTT, SALVAGGIO NOES; COUNCILM?',~,P,ERS: A~SENT COUh!CILMEM~£P,S: AI~SIAIN: COUNCILMEMBERS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED 1992 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield pit res\o17-08.cc AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern) CAROL WILLIAMS, That she is the of Bakersfield; Being duly sworn, deposes and says: duly appointed, acting and qualified City Clerk of the City and that on the 16th day of December , 19 92 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3503 , passed by the Bakersfield City Council at a meeting held on the 9th day of December , 1992 , and entitled: NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield