HomeMy WebLinkAboutORD NO 3903ORDINANCE NO. 8 9 0 8
AN ORDINANCE AMENDING SECTIONS 17.52.040(A),
17.52.110 (D), 17,54.040 (A), AND 17.54.100 (D) AND
DELETING SECTIONS 17.52.050 (C), 17.52.110 (E),
17.54.050 (C) AND 17.54.100 (E) OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO THE AUTHORITY
GRANTED TO THE PLANNING :DIRECTOR TO APPROVE
MODIFICATIONS TO SITE PLANS FOR APPROVED
DEVELOPMENT PROJECTS IN PLANNED UNIT
DEVELOPMENT (PUD) AND PLANNED COMMERCIAL
DEVELOPMENT (PCD) ZONES.
WHEREAS, the City Council, through its Secretary, did set, WEDNESDAY,
at the hour of 7:00 p.m. in the Council Chambers of City Hall, 1501 Truxtun
Avenue, Bakersfield, California, as the time and place for a public hearing before said City
Council on said ordinance, and notice of the public hearing was given in the manner
provided in Title Seventeen of the Bakersfield Municipal Code; and
WHEREAS, at said public hearing, the amendments were duly heard and
considered by the City Council; and
WHEREAS, the ordinance was found to be exempt from the provisions of
CEQA and the law and regulations as set forth in CEQA and City of Bakersfield's CEQA
Implementation Procedures, have been duly followed by city staff and the Planning
Commission; and
WHEREAS, the Planning Commission, through its Secretary, did set,
MONDAY, APRIL 12, 1999 and THURSDAY, APRIL 15, 1999, at the hour of 5:30 p.m. in
the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the
time and place for a public hearing before said Planning Commission on said ordinance,
and notice of the public hearing was given in the manner provided in Title Seventeen of the
Bakersfield Municipal Code; and
WHEREAS, at said public hearing, the amendments were duly heard and
considered and the Planning Commission recommended their adoption by the City Council.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
SECTION 1.
Section A of 17.52.040 is hereby amended to read as follows:
17.52.040 Rezoning Procedure.
A. Pursuant to Chapter 17.64 of this code regarding zone changes.
SECTION 2.
Section D of 17.52.110 is hereby amended to read as follows:
17.52.110 Modifications to approved preliminary and final development plan.
D. The planning director shall have the authority to administratively approve
minor changes, modifications, alterations, deviations, or substitutions to an approved
preliminary or final development plan with respect to colors, materials, architectural
elevations, landscape plans and other physical changes of a similar nature provided any
such change does not alter any use, environmental mitigation measure, condition of
approval or substantially affect the basic character of the architecture or the landscape
architecture as established in the Planning Commission or City Council's approval of the
project. Such minor changes, modifications, alterations, deviations, or substitutions to an
approved preliminary or final development plan shall be reported to the Planning
Commission at its next regular meeting. At that time, the Planning Commission may
accept the planning director's report, may further modify the planning director's approved
changes or may direct staff to set the matter for hearing in accordance with the provisions
of Chapter 17.64 of this code.
SECTION 3.
Section C of 17.52.050 is hereby deleted.
SECTION 4.
Section E of 17.52.110 is hereby deleted.
SECTION 5.
Section A of 17.54.040 is hereby amended to read as follows:
17.54.040 Rezoning Procedure.
A. Pursuant to Chapter 17.64 of this code regarding zone changes.
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SECTION 6.
Section D of 17.54.100 is hereby amended to read as follows:
17.54.100 Modifications to approved preliminary and final development plans.
D. The planning director shall have the authority to administratively approve
minor changes, modifications, alterations, deviations, or substitutions to an approved
preliminary development plan with respect to colors, materials, architectural elevations,
landscape plans and other physical changes of a similar nature provided any such change
does not alter any use, environmental mitigation measure, condition of approval or
substantially affect the basic character of the architecture or landscape architecture as
established in the Planning Commission or City Council's approval of the project. Such
minor changes, modifications, alterations, deviations, or substitutions to an approved
preliminary or final development plan shall be reported to the Planning Commission at its
next regular meeting. At that time, the Planning Commission may accept the planning
director's report, may further modify the planning director's approved changes or may
direct staff to set the matter for hearing in accordance with the provisions of Chapter 17.64
of this code.
SECTION 7.
Section C of 17.54.050 is hereby deleted.
SECTION 8.
Section E of 17.54.100 is hereby deleted.
by the
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER hJo/~J ~'
APPROVED JUN 3 0 1999
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BOB YOR
CITY OF BAKERSFIELD
APPROVED as to form: JUN 3 0 1999
OFFICE OF THE CITY ATTORNEY
BY: 2 '/J--L '
CARL HERNANDEZ
Assistant City Attorney
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
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 1 st day of July , 1999 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 3903 , passed by the
Bakersfield City Council at a meeting held on the 30th day of June 1999 , and
entitled:
AN ORDINANCE AMENDING SECTIONS 17.52.040(A), 17.52.110(D),
17.54.040(A), AND 17.54.100(D), AND DELETING SECTIONS 17.52.050(0),
17.52.110(E), 17.54.050(C), AND 17.54.100(E) OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO THE AUTHORITY GRANTED TO THE
PLANNING DIRECTOR TO APPROVE MODIFICATIONS TO SITE PLANS
FOR APPROVED DEVELOPMENT PROJECTS IN PLANNED UNIT
DEVELOPMENT (PUD) AND PLANNED COMMERCIAL DEVELOPMENT
(PCD) ZONES.
Is/PAMELA A. MCCARTHY
City Clerk of the City of Bakersfield
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July 1, 1999