HomeMy WebLinkAboutORD NO 3746ORDINANCE NO. $ ? '[ ~
AN ORDINANCE AMENDING SECTIONS 17.04.155,
17.04.650, 17.18.025, SUBSECTION A OF SECTION
17.20.020, 17.20.040, 17.22.040, 17.24.040, 17.25.040,
17.26.040, 17.28.030, 17.30.030, 17.31.030, 17.36.025,
17.37.050, 17.42.060, 17.44.060 AND CHAPTER 17.64
AND REPEALING SECTIONS 17.16.025, 17.42.090
AND 17.50.030 AND CHAPTER 17.66 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
CONDITIONAL USE PERMITS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 17.04.155 of the Bakersfield Municipal Code is hereby amended to read as
follows:
17.04.155 Conditional Uses.
"Conditional use" is a use which requires special review and control by the Board
of Zoning Adjustment or the City Council to ensure compatibility with other existing or
permitted uses in the vicinity.
SECTION 2.
Section 17.04.650 of the Bakersfield Municipal Code is hereby amended to read as
follows:
17.04.650 Use. Change Of.
"Change of use" means a change from one to another of the following categories:
2.
3.
4.
Commercial/retail other than restaurant or convenience store;
Restaurant or convenience store;
Industrial;
Multi-family residential;
5. Office, other than medical office;
7.
8.
9.
Church;
Hospital;
Medical office.
Changes from one use to another which is substantially dissimilar, as
determined by the planning director.
SECTION 3.
Section 17.18.025 of the Bakersfield Municipal Code is hereby amended to read
as follows:
17.18.025 Uses Permitted Only By Conditional Use Permit.
While any use may be permitted by conditional use permit pursuant to Subsection
B of Section 17.64020, the following uses are not permitted in the R-4 zone except by
conditional use permit
Chapter 17.64 of this title:
A.
B.
C.
issued in accordance with the procedures provided in
Certified farmers markets.
Food and/or shelter service agencies as defined in Section 17.04.285.
Residential facilities housing seven or more juveniles or adults in custody or
court-ordered living restrictions for violations of local, state and federal law,
including, but not limited to, halfway houses and detention centers.
SECTION 4.
Subsection A of Section 17.20.020 of the Bakersfield Municipal Code is hereby
amended to read as follows:
17.20.020 Uses Permitted.
The following uses are permitted in a C-O zone:
A. Any one or more of the following uses:
1. Accounting, auditing, tax preparation and bookkeeping services.
2. Advertising agencies.
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3. Banks, savings and loans, credit unions and other financial
institutions.
4. Business and management consulting services.
5. Business and professional membership organizations.
6. Commercial art and graphic design.
7. Commercial photography, including portrait studios.
8. Computer programming and data processing services.
9. Consumer credit reporting and collection services.
10. Day care nurseries.
11. Detective and security systems services.
12. Direct mail advertising services.
13. Employment agencies and help supply services.
14. Engineering, surveying, architectural and environmental planning
services.
15. Family and social services, clinics and centers.
16. Governmental services and administration, libraries, museums,
galleries, judicial courts, police, fire and other emergency service
alarm centers.
17. Insurance services.
18. Legal services.
19. Management and public relation services.
20. Medical, dental, psychiatric and other health practitioner offices and
clinics, including chiropractic, acupuncture, massage therapy and
blood banks.
21. Medical and dental laboratories.
22. Mortgage, loan and personal credit institutions.
23. Palm reading, fortune telling, astrologic and psychic services.
24. Pharmacies, in conjunction with medical clinics.
25. Post office and other courier or parcel delivery services.
26. Public and private utility administration.
27. Real estate development, sales and property management services.
28. Secretarial and court reporting services.
29. Telecommunications administration.
30. Television, radio and cable broadcasting stations.
31. Title and escrow offices.
32. Travel agencies.
33. Trusts and investment agencies.
SECTION 5.
Section 17.20.040 of the Bakersfield Municipal Code is hereby amended to read as
follows:
17.20.040 Uses Permitted Only By Conditional Use Permit.
While any use may be permitted by conditional use permit pursuant to Subsection
B of Section 17.64.020, the following uses are not permitted in the C-O zone except by
conditional use permit issued in accordance with the procedures provided in Chapter
17.64 of this title:
A. Any use listed in the Uses Permitted section in the R-l, R-2, R-3 and R-4
zones.
B. Any of the following uses:
Bail bond services.
Garment cleaning, pressing, alteration and repair.
Hair styling shop and beauty salon, including tanning salons.
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Photocopying and duplicating services.
Scientific research and testing services.
Vocational and specialized schools providing technical or cultural
training.
Veterinary services.
SECTION 6.
Section 17.22.040 of the Bakersfield Municipal Code is hereby amended to read as
follows:
17.22.040 Uses Permitted Only By Conditional Use Permit.
While any use may be permitted by conditional use permit pursuant to Subsection
B of Section 17.64.020, the following uses are not permitted in the C-1 zone except by
conditional use permit issued in accordance with the procedures provided in
Chapter 17.64 of this title:
Any use listed in the Uses Permitted section in the R-l, R-2, R-3 and R-4
zones.
B. Any of the following uses:
Automobile accessory or parts stores, including stereo, phone,
upholstery, and tires.
Automobile tuneup specialty shops providing electrical and carburetor
tuneup services and related work, when not done as a part of, or
incidental to, the operation of an automobile service station.
3. Carwashes, including detailing.
4. Food and/or shelter service agencies as defined in
Section 17.04.285.
Funeral services, including a crematory provided it is incidental to the
main use.
6. Hotels and motels.
7. Kennels.
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8. Mobilehome or travel trailer parks.
9. Nurseries, lawn and garden supplies.
10. Scientific research and testing services.
11. Restaurant and related eating places with on-site alcohol sales,
entertainment or drive-through services.
12. Small appliance and electronic goods repair.
13. Theaters and cinemas.
14. Trade, vocational or specialized schools.
SECTION 7.
Section 17.24.040 of the Bakersfield Municipal Code is hereby amended to read as
follows:
17.24.040 Uses Permitted Only By Conditional Use Permit.
While any use may be permitted by conditional use permit pursuant to Subsection
B of Section 17.64.020, the following uses are not permitted in the C-2 zone except by
conditional use permit issued in accordance with the procedures provided in
Chapter 17.64 of this title:
A Any use listed in the Uses Permitted sections in the R-l, R-2, R-3 and R-4
zones.
B. Any of the following uses:
1. Amusement parks, including miniature golf, water parks, batting
cages and miniature car tracks.
2. Automobile body and fender repair and painting.
3. Automobile machine shops.
4. Bars, cocktail lounges or other establishments selling alcoholic
beverages for on-site consumption where said use is the primary
business.
5. Boat and recreational vehicle dealership, new and used.
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6. Bus, train and other transit stations.
7. Food and/or shelter service agencies as defined in Section
17.04.285.
8. Golf driving ranges.
9. Kennels.
10. Mobile home or travel trailer park.
11. Mobile home sales, new and used.
12. Pest control services.
13. Recycling collection center not in conjunction with a retail center
required by state law to provide collection services for recyclables.
14. Scientific research and testing services.
15. Swap meets, flea markets and auction yards.
16. Tool, equipment and utility trailer rental establishments.
17. Warehouses.
SECTION 8.
Section 17.25.040 of the Bakersfield Municipal Code is hereby amended to read as
follows:
17.25.040 Uses Permitted Only By Conditional Use Permit.
While any use may be permitted by conditional use permit pursuant to Subsection
B of Section 17.64.020, the following uses are not permitted in the C-B zone except by
conditional use permit issued in accordance with the procedures provided in
Chapter 17.64 of this title:
A. Any use listed in the use permitted section in the R-3 and R-4 zones.
B. Any of the following uses:
1. Apartment hotels and roominghouses.
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2. Food and/or shelter service agencies as defined in Section
17.04.285.
Scientific research and testing services.
Swap meets, flea markets and auction houses.
SECTION 9.
Section 17.26.040 of the Bakersfield Municipal Code is hereby amended to read as
follows:
17.26.040 Uses Permitted Subject To Conditional Use Permit.
While any use may be permitted by conditional use permit pursuant to Subsection
B of Section 17.64.020, the following uses are not permitted in the C-C zone except by
conditional use permit issued in accordance with the procedures provided in
Chapter 17.64 of this title:
A. Bars, nightclubs, cabarets, cocktail lounges or other establishments selling
alcoholic beverages for on-site consumption where said use, including
entertainment, is the primary business.
B. Food and/or shelter service agencies as defined in Section 17.04.285.
C. Kennels.
D. Scientific research and testing services.
E. Swap meets, flea markets and auction houses.
F. Single family dwellings which are not accessories to a commercial use.
SECTION 10.
Section 17.28.030 of the Bakersfield Municipal Code is hereby amended to read as
follows:
17.28.030 Uses Permitted Only By Conditional Use Permit.
While any use may be permitted by conditional use permit pursuant to Subsection
B of Section 17.64.020, the following uses are not permitted in the M-1 zone except by
conditional use permit issued in accordance with the procedures provided in
Chapter 17.64 of this title:
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B.
C.
D.
E.
F.
I.
J.
K.
L.
M.
N.
Agricultural packing plants.
Aircraft and automobile factories.
Automobile parts manufacturer.
Battery manufacturer.
Breweries and distilleries.
Clinics, hospitals, sanitariums or other buildings for contagious, mental, drug
or liquor addiction cases.
Equestrian establishments, stables, riding academies, schools or
amusements.
Freighting or trucking yards or terminals.
Livestock slaughtering and processing.
Machine shops, including punch presses and automatic screw machines.
Planing mills.
Residential dwellings.
Tire rebuilding, recapping and retreading plants.
Food and/or shelter service agencies as defined in Section 17.04.285.
SECTION 11.
Section 17.30.030 of the Bakersfield Municipal Code is hereby amended to read as
follows:
17.30.030 Uses Permitted Only By Conditional Use Permit.
While any use may be permitted by conditional use permit pursuant to Subsection
B of Section 17.64.020, the following uses are not permitted in the M-2 zone except by
conditional use permit issued in accordance with the procedures provided in
Chapter 17.64 of this title:
A Acid manufacture.
B. Ammunition manufacture.
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D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
W.
Cement, lime, gypsum or plaster of Paris manufacture.
Chemical manufacture.
Curing, tanning and storage or raw hide or skins.
Dairies and livestock feeding yards.
Distillation of bones.
Drop forge industries manufacturing forgings with power hammers.
Dumps and refuse disposal areas.
Explosives, manufacture or storage.
Fat rendering.
Feed and fuel yards.
Fertilizer manufacture.
Food and/or shelter service agencies as defined in Section 17.04.285.
Garbage, offal or dead animal reduction or dumping.
Gas manufacture.
Gelatin or size manufacture.
Glucose or dextrine manufacture.
Glue manufacture.
Nonmineral oil extraction plants.
Poultry and rabbit raising, slaughter.
Sewer farms or sewage disposal plants.
Smelting of tin, copper, zinc or iron ores.
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Stockyards and animal slaughter.
Scrap metal yards, junkyards.
Wineries.
SECTION 12.
Section 17.31.030 of the Bakersfield Municipal Code is hereby amended to read as
follows:
17.31.030 Uses Permitted Only By Conditional Use Permit.
While any use may be permitted by conditional use permit pursuant to Subsection
B of Section 17.64.020, the following uses are not permitted in the M-3 zone except by
conditional use permit issued in accordance with the procedures provided in
Chapter 17.64 of this title:
B.
C.
D.
E.
F.
G.
H
I.
J.
K.
Coal-fired cogeneration facilities or steam generators.
Community septic disposal systems.
Electrical power generator plants.
Hazardous waste disposal facilities.
Mining and mineral extraction.
Nonhazardous oily waste disposal facilities.
Sanitary landfills.
Septage disposal sites.
Sewage treatment plants.
Transfer stations.
Waste-to-energy facilities.
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SECTION 13.
Section 17.36.025 of the Bakersfield Municipal Code is hereby amended to read as
follows:
17.36.025 Uses permitted subject to conditional use permit.
While any use may be permitted by conditional use permit pursuant to Subsection
B of Section 17.64.020, the following uses are not permitted in the Ch (Church) zone
except by conditional use permit issued in accordance with the procedures provided in
Chapter 17.64 of this title:
B.
C.
D.
Certified farmers markets.
Lighted play fields.
Day care centers.
Private schools.
SECTION 14.
Section 17.37.050 of the Bakersfield Municipal Code is hereby amended to read as
follows:
17.37.050 Uses Permitted Only By Conditional Use Permit.
While any use may be permitted by conditional use permit pursuant to Subsection
B of Section 17.64.020, the following uses are not permitted in the OS zone except by
conditional use permit
Chapter 17.64 of this title:
A.
B.
C.
D.
E.
F.
G.
issued in accordance with the procedures provided in
Single-family residential uses.
Public and private campgrounds and recreational vehicle parks.
Public utility structures.
Archery ranges.
Equestrian facilities.
Golf courses and driving ranges.
Gun clubs or shooting ranges.
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Racetracks.
Baseball batting ranges.
Wholesale nurseries.
SECTION 15.
Section 17.42060 of the Bakersfield Municipal Code is hereby amended to read as
follows:
17.42.060 Uses Permitted Only By Conditional Use Permit.
Notwithstanding Subsection B of Section 17.64.020, the following uses are the only
uses permitted by conditional use permit issued in accordance with the procedures
provided in Chapter 17.64 of this title:
A. Public and private open recreational or sporting uses, including parks,
aquatic facilities, playgrounds, campgrounds, golf courses, golf driving
ranges, fishing and hunting clubs.
B. Parking lots.
C. Public utility structures.
D. Temporary and readily removable structures accessory to uses permitted
under Sections 17.42.030 and 17.42.040.
SECTION 16.
Section 17.44.060 of the Bakersfield Municipal Code is hereby amended to read as
follows:
17.44.060 Uses Permitted Only By Conditional Use Permit.
While any use may be permitted by conditional use permit pursuant to Subsection
B of Section 17.64~030, the following uses are not permitted in the FP-S zone except by
conditional use permit issued in accordance with the procedures provided in
Chapter 17.64 of this title:
All uses permitted in the underlying or base zone, if any, which are not
allowed pursuant to Section 17.44.030.
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B. All uses which may be permitted subject to planning director approval or
conditional use permit in the underlying or base zone, if any.
Recreation areas, parks, campgrounds, playgrounds, fishing lakes, hunting
and gun clubs, golf courses, golf driving ranges, parking lots.
Temporary and readily removable structures accessory to recreational or
agricultural uses.
Riding stables.
Public utility facilities.
SECTION 17.
Chapter 17.64 of the Bakersfield Municipal Code is hereby amended to read as
follows:
Chapter 17.64
MODIFICATIONS, CONDITIONAL USE PERMITS,
AMENDMENTS AND APPEALS
Sections:
17.64.010
17.64.020
17.64.030
17.64.040
17.64.042
17.64.050
17.64.060
17.64.070
17.64.080
17.64.090
17.64.100
17.64.110
Scope.
Authority of board of zoning adjustment.
Authority of planning commission.
Initiation.
Fees.
Hearings -- Notices.
Modifications and conditional use permits -- Hearing --
Decision and findings.
Zone changes -- Hearing -- Decision.
Title 17 text amendments -- Hearing -- Decision.
Appeals -- Modifications, conditional use permits and zone
changes.
Zone changes -- council action when planning commission
decision not appealed.
Conditions for reapplication.
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17.64.010 Scope.
The regulations set forth in this chapter shall apply to modifications, conditional use
permits, the enactment of text amendments to Title 17 and zone changes (amendments
changing property from one zone to another or changing the boundary of any zone.)
17.64.020 Authority of board of zoning adjustment.
The board of zoning adjustment shall have authority to grant, subject to appeal to
the city council under the provisions of this title, the following:
A. Modification or waiver of:
Automobile parking space or loading requirements on private
property, and
The height, yard and lot area regulations on a lot or lots, including,
but not limited to, modification of such regulations for some or all lots
within a subdivision to facilitate zero-lot-line or other typical
subdivision development; and
Fence, wall and hedge regulations as may be necessary to secure an
appropriate improvement on a lot; and
Conditional use permits permitting any use in any zone in which that use is
not permitted by this title, subject to the findings set forth in
Section 17.64.060(C).
17.64.030 Authority of Planning Commission.
The planning commission, as the advisory agency, shall have the sole authority to
grant modifications of minimum lot size standards on a lot or lots within a subdivision in the
course of approval or conditional approval of any tentative map. The hearing on any such
modification shall be consolidated with the hearing on the tentative map, shall be noticed
with the notice of hearing on such map, and the commission shall not approve such
modification unless it makes the findings specified in Section 16.26.170(O). Appeal of the
commission decision on such modification shall be governed by the provisions of
Chapter 16.52.
17.64.040 Initiation.
Applications for modifications and conditional use permits shall be filed with
the planning director or his or her designee on forms provided by the
planning director.
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Proceedings for 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.
Proceedings for amendment of any provisions of Title 17 of this code, other
than amendments changing property from one zone to another, may be
initiated by city council action, planning commission action or action of the
city staff.
17.64.042 Fees.
The city council shall by resolution set fees for application for modifications,
conditional use permits, changes of zones and for appeals from any order, requirement,
decision or determination of the board of zoning adjustment. Such fees shall be in amounts
necessary and appropriate to reimburse the city for all costs related to the processing of
and acting upon each such application or appeal. No application or appeal shall be
deemed complete until the prescribed fee has been received by the city.
17.64.050
A.
Hearings - Notices.
Upon the receipt in proper form of a complete application for a modification,
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:
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 in the following manner:
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 or the
owner's duly authorized agent, and to the project applicant.
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.
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17.64.060
Notice of the hearing shall be mailed or delivered at least ten days
........ gt ...............................
pf~uf to ~r~u hearin o all uwnu~ of
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 paragraph
or subsection B.1 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 shall be mailed to such owners of all property within
one thousand feet of the property line containing the well site.
Notice shall be published in at least one newspaper of general
circulation within the city at least ten days prior to the hearing.
Notice shall be mailed to every person filing with the planning director
a written request for notice.
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.
Modifications and conditional use permits - Hearing - Decision and
Findings.
Following the public hearing, the board of zoning adjustment, planning
commission or city council may grant, grant in modified form, conditionally
grant or deny the requested waiver or modification. Such decision shall be
reflected in a formal resolution containing the findings and the facts upon
which the findings are based.
Findings Required for Modification. A modification shall be granted only
when it is found that:
The granting of such modification would not be materially detrimental
to the public welfare, nor injurious to the property or improvements in
the zone or vicinity in which the property is located; and
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The granting of the modification is necessary to permit an appropriate
improvement or improvements on a lot or lots, including but not
limited to, modification of such regulations for some or all lots within
a subdivision to facilitate zero-lot-line or other atypical subdivision
development; and
The granting of the modification would not be inconsistent with the
purposes and intent of Title 17 of this code.
Findings Required for Conditional Use Permit. A conditional use permit shall
be granted only when it is found that:
The proposed use is deemed essential or desirable to the public
convenience or welfare; and
The proposed use is in harmony with the various elements and
objectives of the general plan and applicable specific plans.
Conditions. The issuance of any modification or conditional use permit
pursuant to this title may be granted subject to such conditions as may be
deemed appropriate or necessary to assure compliance with the intent and
purpose of the zoning regulations and the various elements and objectives
of the general plan and applicable specific plans and policies of the city or
to protect the public health, safety, convenience, or welfare. Dedications of
real property may be required and improvements of public streets shall be
in accordance with standard specifications of the city on file in the office of
the city engineer.
Exercise of Rights. The exercise of rights granted by a modification or
conditional use permit shall be commenced within one year after the date of
the final decision.
Termination of Rights. The modification or conditional use permit shall
terminate, and all rights granted therein shall lapse, and the property
affected thereby shall be subject to all of the provisions and regulations of
Title 17 applicable to the zone in which such property is classified, when any
of the following occur:
There is a failure to commence the exercise of rights as required by
subsection F of this section, or within any duly granted extension;
There is a discontinuance for a continuous period of one year of the
exercise of the rights granted.
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Extension of Time. Any time limit contained in this chapter or in any
decision, for good cause shown, may be extended by the body issuing the
initial conditional use permit or modification for a period which shall not
exceed one year.
The property owner may request an extension of the time limit by
written application to the planning director or his or her designee
Such application shall be filed before the expiration date of the
conditional use permit or modification. The application shall provide
reasons for extension of the permit or modification.
Upon the receipt in proper form of an application for an extension,
along with the fee adopted pursuant to Section 3.70.040, the planning
director shall fix a time and place of public hearing thereon. The
hearing shall be noticed as set forth in subsection B of
Section 17.64.050.
Following the public hearing, the hearing body shall approve,
conditionally approve or deny extension of the conditional use permit
or modification.
Revocation of Rights. The board of zoning adjustment may revoke the rights
granted by such modification or conditional use permit and the property
affected thereby shall be subject to all of the provisions and regulations of
Title 17 of this code applicable as of the effective date of revocation. Such
revocation shall be for good cause, including, but not limited to, the failure
to comply with conditions or complete construction as required by
subsection F of this section, the failure to comply with any condition
contained in the modification or conditional use permit, or the violation by the
owner or tenant of any provision of the municipal code pertaining to the
premises for which such modification or condition use permit was granted.
Notice of the intent to revoke shall be given, together with the
reasons therefor, either by personal delivery to the occupant of such
premises, to the owner of such premises, to any person indicated in
the permit as being entitled to exercise the permit, or by deposit in the
United States mail, postage prepaid, addressed to such person(s) at
his last known business or residence address as the same appears
in the records of the modification or conditional use permit. Service
by mail shall be deemed to have been completed at the time of
deposit in the post office, or any United States mailbox.
The decision of the board of zoning adjustment shall be final, subject
to appeal to the city council within ten days after notice.
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When a proper appeal has been filed, public hearing upon the matter
shall be set before the city council within thirty days after the appeal
is filed.
Not less than ten days before the date of such public hearing, notice
of the time and place of the hearing before the body shall be given as
set forth in subsection B of Section 17.64.050.
On appeal, the city council may affirm the revocation, overturn the
revocation or modify the order of revocation.
6. The decision of the city council shall be final and conclusive.
Date of Issuance. No permit or license for any use involved in an application
for a modification or conditional use permit shall be issued until same has
become final by reason of the failure of any person to appeal or by reason
of the action of the city council.
17.64.070
A.
Zone changes - Hearing - Decision.
A public hearing shall be held and conducted by the planning commission
or city council, notice of which shall be given as set forth in subsection B of
Section 17.64.050.
The planning commission or city council shall either approve and
recommend the enactment of the proposed amendment, disapprove it or
recommend an alternative zoning district more restrictive than that proposed.
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.
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.
17.64.080
A
Title 17 text amendments - Hearing - Decision.
A public hearing shall be held and conducted by the planning commission
or city council, notice of which shall be given as set forth in subsection C of
Section 17.64.050.
The planning commission or city council shall either approve and
recommend the enactment of the amendment as proposed or as altered, or
shall disapprove the amendment.
The disapproval of a matter initiated by the planning commission shall be
final. All other matters shall be presented to the council for final action as
soon as a proper record can be prepared and the matter conveniently placed
upon the council agenda.
The council may enact into ordinance, in accordance with its normal
procedure, any text amendment to Title 17 presented to the council for final
action. The action of the council shall be final.
17.64.090
A.
Appeals -- Modifications, conditional use permits and zone changes.
The action of the board of zoning adjustment or planning commission shall
be final unless, within ten 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.
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.
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.
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.
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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.
17.64.100
Zone changes -- Council action when planning commission decision
not appealed.
When no appeal is filed in accordance with Section 17.64.090, 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.
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 17.64.050, may be
published, posted and mailed.
At the public hearing, the city council may approve the zone change as
recommended by the planning commission, disapprove the zone change,
approve a district more restrictive than that recommended or change any of
the recommended conditions.
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.
17.64.110 Conditions for reapplication.
Where an application for a zone change, conditional use permit or modification has
been finally determined by the city council, planning commission or board of zoning
adjustment, no reapplication or new application for the same zone change, conditional use
permit or modification shall be considered or heard by the planning commission, city
council or board of zoning adjustment for a period of one year. However, where a change
has occurred which, in the sound discretion of the city council, planning commission or
board of zoning adjustment (whichever previously made the final determination) indicates'
that a new hearing should be had on an application for a zone change and where a
showing has been made 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 of
a new hearing.
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SECTION 18.
Section 17.16.025 of the Bakersfield Municipal Code, relating to uses permitted
subject to conditional use permit, is hereby repealed.
SECTION 19.
Section 17.42.090 of the Bakersfield Municipal Code, relating to the applicability
of Section 17.66020 in the floodplain primary (FP-P) zone, is hereby repealed.
SECTION 20.
Section 17.50030 of the Bakersfield Municipal Code, relating to uses permitted
subject to conditional use permit in the MH zone, is hereby repealed.
SECTION 21.
Chapter 17.66 of the Bakersfield Municipal Code, relating to Conditional Use
Permits, is hereby repealed.
SECTION 22.
This Ordinance shall be posted in accordance with provisions of the Bakersfield
Municipal Code and shall become effective thirty (30) days from and after the date of its
passage.
.......... O00 .........
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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
by the following vote:
cn~ INCILMEMBER De~ONO, CAJ~O~, ~NIITN, McOERMOTf, ROWLES, SULLIVAN, SALVAGGIO
~(,~ ~ CO .~.;:LMEMBER ,r,._
f,65-I~K.~ COUNCILMEMBER
At~SEN~ COUNCILMEMBER
CITY CLERK and Ex Official/Clerk of th~
Council of the City of Bakersfield
APPROVED
By:
Mayor of the City of Bakersfield
APPROVED astoform:
JUDY K. SKOUSEN
CITYATTORNEY
By: -
LALIRA C. MARINO--
Assistant City Attorney
LCM\bsb
S:\COU NCIL\ORD\CUP.ORD
--February 20~ 1997
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA )
) $$.
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 14th day of March, 1997 she posted on the Bulletin Board at City Hall, a full, true and correct
copy of the following: Ordinance No. 3746, passed by the Bakersfield City Council at a meeting held
on the 12th day of March, 1997, and entitled:
Ordinance amending Sections 17.04.155, 17.04.650, 17.18.025,
Subsection A of Section 17.20.020, 17.20.040, 17.22.040, 17.24.040,
17.25.040, 17.26.040 17.28. 030, 17.30.030, 17.31.030, 17.36.025,
17.37.050, 17.42.060, 17.44.060 and Chapter 17.64 and repealing
Sections 17.16.025, 17.42.090 and 17.50.030 and Chapter 17.66 of
the Bakersfield Municipal Code relating to Conditional Use Permits.
/s/ PAMELA A McCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Ol~rk ~ "'