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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. -2- 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. -4- 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. -5- 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. -6- 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. -7- 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: -8- 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. -9- 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. -10- 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. -11 - 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. -12- 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. -13- 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. -14- 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. -15- 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. -16- 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 -17- 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. -18- 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. -19- 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. -21 - 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. - 22 - 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 ......... - 23 - 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 - 24 - 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 ~ "'