HomeMy WebLinkAboutORD NO 429ORDINANCE N. 0. 4~)"7 I.L"-.:'.' SERIES
f,~V 0RDI7~Ai C~ CF Ti_E CITY 02 7-"-AK'r. RSFIELD,CALIFORNIA,
IF.~TR. UCTIN'-~ TIrE CiTY _"',',A~','NIZ']G C0Y~i,IISSION OF SAID
CI?~.~ TO PR.'..~A '~ .f.. ZOi~Ii.YG OR DISTRCTING PLAN FOR
SAIL CITY; ~L?PLYIZYO CERTAIN RZGL~ATIOi'~2 T0 T!iE
ERECTION, COWff~TRUCTiO?, A]qD ALTERATION OF CERTAIN
BUI.j~IiTCU, S~R:~CTURES AY~ I~FROV~,.~ENTS IN CERTAIN
AREAB, PENDZ~YS. THE ADOPTIOU BY THE CITY COUNCIL
0F SAID CITY 0F A ZONING OR DISTHICTIi,~G PLAN; AND
PRESCRIBI'q'~ T]!~ ~EiiALTY F0R THE VIOLATION OF A}~
OF T~ FROVIS YOH% v{EREOF.
BE IT 0RE.alNED BY TiTE COUNCIL OF THE CITY OF riAI(~RSr..'I3ZLD,
as follows:
SECTI0]i.~ 1.
The City Planning Commissior, of the City of Bs. kersfie].d,
California, is hereby instructed to prepare a zoning or district-
ing plan as a part of the l~iastsr Plan of said. City and to embody
said plan in a tentative re.Oort to the City Council of said City,
all in accordance with the provisions of law.
SECTION 2.
The said City Ccunc!.! hereby declares it to be its inten-
tion to proceed ~.dth the consi,~e~ation of bh.a aforesaid tentative
report, when the sme shall have been made, and to adopt a zoning
or districting plan for said City in the manner prescribed by law.
Said City Council hereby flnds that owing to the necessity for
caref~_l studies and thorou~ analysis of facts by the said City
Planning ~ommission in the prspars. tion of the aforesaid zoning or
dlstricting plan, considerable time will necessarily elapse before
said clan will be before said C~ tv Council for consideration, and
that certain re~u~atio~s of an interim notu~e, affecting the use o~
land, buildings ~d other structures, the construction of buildings
and other structures, the height of buildings and other struct~res
and the open spaces about buildings and other structures, are nec-
essary to be aBepied at 'this time in or~er to assure the orderly
and ha~-mcnlous devclnp~s~t cf said City, to protect the public
interest, hes. lth, comfort and co~',~enience and to preserve the p~.'blic.
-1-
peace, safety, morals, order an~ welfare pending the preparation
and adoption of the aforesaid zoning or districting plan. Such
interim re,~-ulations are hereinafter i~-~ this ordinance set forth.
SECTION 3.
Uithin the residence district of the City of Bakersfield,
as defined in Or~ina:~ce iYo. 303 New S:'ries, and in O~inance No.
332, New Series, rand in Or~Jinan~e No. 349 New Series, of said City,
no use of .anZr la~-d, building ~:? other structure, which uso is other
than one-family residential in character or accessory and incidental
thereto shall hereafter be established or established and cenSusted,
and no buil,'Jing or other structure which is designed and/or intended
to be used for any purpose ot~';sr than one-fc~mi.l.y residential in
c'aaractsr or accessory s. nd incidental thereto shall hereafter be
erected, constructed, r.:ovsd or converted, unless and until, in any
such case, a permit for such establishing and conducting or for such
erection, construction, "ovlng or convsrsio~ shall first have been
secured from said City Planning Commission. Every application for any
such permit shall be filed with the Building Inspector of said City,
wb.o shall forthwith transmit the same to the City Planning Cot, mission,
which shall cor. sider the same and. shall make its decision with respect
thereto. The City ?]annlng Cor~issio-', in order to accomplish the
purooses of the i~terlm regulations as hereinbefore set forth, may
issue or may refuse to issue any such permit or may issue any such
permit subject to spscifiz~ conditions. Upon the secu_~ing of any such
permit and subject to the te~.-~ms thereof and to any conditions specified
therein, any person, fim-n~ or corporation may use any ~.sn~S, building or
~*her structure or may erect, construct, move or convert any building
or other structure, regardless of the provisions of Ordinance No.
503 New Series of s~"'d
SECTI0;'.v 4.
Interim Zone Diettic= E~umber One of the City of Bskersfield
is hereby established, consisting of all tb. at prope'~.ty lying with-
in a distance of one hundred fifty (150) feet from the exterior
boundaries of that portion of Golden State ~:ven~e between the
northerly boundar.V of said City and the traffic circle at the
intersection of said Golden State avenue ann Chester Avenue and
consisting, further, of a].l that property lying within a distance
of one hundred fifty {150) feet fron~ the exterior boun'~aries of
said traffic circle.
Ko person, firm or corporation' shall hereafter erect,
construct, convert, alter, n~d to, enla:~ge or '-~o,,e any building
or structure nor use any l~n~, b~-ilding or other structure :vithin
said Interim Zone District iT~,~mber Cn.e of tb~ City of Bakers.~ield
re;. s. ny other purpose otb. er ths. r. is included in the followring
list:
1. One-fam~.].y, t:'-~-flmily and multiple dwel].!o.[-s.
2. Ho~els, in':m s. nd automobile camps.
3. Public s.n~ q~a-~i-public uses.
,I. All a~'r~.~ ~:~,~I usec except ani~a]. husbandry.
8. Stores, sl~2;s ansi offices for the sendact of
any retail
~.uto~.c".ile r.~v~
~ sT ce stat'~on, public garages
end automobile repair shops, but not j-ncluding
a~tomobile ~vrscking or the storaj.,.'e of ~-~sed auto-
mobile .~a:~ts or of junk, and ~ot incise. din..-~sed
car markets unless the same are cox~ducted.~i-~ each
case in s building enclosed on all si~es.
Uses wS.~ich, ir~. the opinion of the City Planning
Co.~.m~ission, a.-?e suitable to the character of the
district and. ~.vill not be injurious to the public
wel fare.
Accessory builn]ings an8 ~.ses incidental to
a~y of the ~,bo~:e u~es.
Outdoor a~vertising signs and outdoer a'~vertising
structure.~ if the san~e are located on!Z~ in any
"business. ~.~.~.'rict" as defir. ed '~n t~e, California
Vehicle Ac~; provide~, however, that any permitted
business may display advertising si~s for the
advertising only of such business, none of which
signs s~all e~=ceed twenty-fcur (~4) squ~re' feet in
ares., to s. total area for all signs in the aggregate
dis~] a~ed hy sn~.~ one place of business not exceeding
boundaries of Golden 3tare Avenue from the southeasterly boundary of
said Interim zone District No, One of the City of Bakersfield to
Union'Avenue, or w~thin a distance of one hundred fifty i150~ feet
from ti~e exterior boundaries of Union Avenue within said'CitY of
Bakersfield, shall be accompanied by drawings or sketches showing the
front, sides and rear elevations of the proposed building, structure
or other improvement, or of the building, structure or other improve-
ment as the same will appear after the work for which the permit is
sought has been completed. The City ~lanning Connnission shall con-
sider such drawings or sketches to the end that such buildings, struc-
tures and other improvements shall be so designed and constructed
that they will not be of unsightly, undesirable or obnoxious appear-
ance, or hinder the orderly and harmonious development of Bakersfield,
or impair the desirability of residence, investment, occupation or
recreation in Bakersfield as appearing to travelers passing through,
or limit the opportunity to attain the taximum use and development
of lands and improvements, and/or otherwise adversely affect the
general prosperity and welfare, and to the end that the appearance
of buildings, structures and other impr-ovements adjacent to Golden
State AvenUe and to Union Avenue within the City, shall provide a
pleasant, attractive and worthy approach and entrance and exit to the
City, For these purposes the City Planning Conmission shall suggest
any changes in the plans of such buildingS, structures and other improve=
ments as it may deem to be necessary to accomplish the purposes of this
section, and shall not approve any such plans until it is satisfied
that such purposes will be accomplished. The City Planning Co~ssion
s~xll act on such matter at the earliest possible time and not later
than its first meeting five days after such drawings and sketches have
been filed~ and in case the applicant is not satisfied with the action
of the City Planning Connnission, said applicant ~ay, within thirty
days after such action, appeal in writing to the City Council. 2aid
City Council shall hold a hearing on said appeal at its next regular
meeting after such appeal has been taken an.d in'any case shall render its
decision on sai~ appeal within sixty (60) ~ays afte~ the filing
therecf. No permit coming under the provisions. of this section shall
be i. ssuea. u~!ess the pla-~s ~i!e~] therev,ith as reo,i~red in this section
shall first have been approved by the City Planning C.o...~mission or by
the City Oounci as or-o:rlfod ;n~rei~. Every drawir. g or sketch filed
under the prov".sions of t>ic section shall become a Dart of the per-
manent records of the Cit~, 2]s~ning Co~.miission.
2. ecticn l0 cf 9~.~inance i~Yo. 303 iTev: Scries of the City of
Z, akn ~io.!d is hereby eF~rss~]y repea].cd. ~? propels!eyes of this
of a!] other or'~inannes an~ parts of ov-dii~ances of said City, s-icept
as otherwise ~rovi~0 herein.
tiny D~rscn, ffi:,_,':u, company or norporatio~-; vlolc. tin"j an7
the provicicT, s of tb.la o~!~-...nco, or ~ailing, ~zog]ectin~. or refusing
to obtai.'. th.n p~mit a~ ]i:~rein ~rovi~ea shall Ire ~eemed guilty of
a misdemsano?, at.3 ~pon conviction thereof shall be punished by a
~ine of not less than fifty .jo].2ars ($50.00) nor more than fi;.~e
huul~:red ((~500.00~ dollars, or by im~risoment in the County Jail of
~ ' ..... - - ~ 6 ) r. on~h
[iern Ccunt~- not loss tha~ h"'c (2D ...laTe nor '.~'ors ~hs~ six
or ~y ~:oth such fine and i'~prlncr~.ien~.
SLCTiOi.T ~
If any section, subsection, ne?teDce, clause or phrsso cf
tbts or.~i:~a'-ce is for any reason hcl~. to be mmons~itutional or
int, a!id, such decision shall not affect ~he Pemaining portions of
thiz ordinance. ~ Cit~ '2o'.n~cil hereby declares that ~-t woul~ have
pas~cd this oP.~ir.ance an~ each section an~ subsection thereof, ir-
~-sutlo~s, e~r~ccs c3.a~,sr~ er ..... e~ dec]srer~ anco~stitutional
- ~ - ...
or invalid.
I H~.MT!'Dv ,'~n~mT'TI ~a~ the fore ,oin~ o~-.~insnce :;:as ~nssed
and adopted by the Council of the City of Bakersfield, a.t a regular
meeting thereof held an the ... ay of ~' , le34,
by the fol!owin~G vote:
AYES: BODEN, GIST, SlEMON, SMITH, SELLERS, WALTERS, WILSON
NOES-- ~ ................
ABSENT: ........
Cit ~
o Clerk of the
3ouncil of ~fne City of Bakers~ield,
California.
APi-'ROV~D by me thisT~~'.y of
LiAYOR of the City
Bakers field.
, 1934.