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HomeMy WebLinkAboutORD NO 783 OKDIN&NCE NO. '~.~ NEW SERIES AN ORDIN&NCE' ESTA~T. ISHING AN OFFICI.~L PLAN LINE ON THE EAST SIDE OF OAK STREET BETW~.~..N THE SOUTHEBLY LINE OF TWENTY-FOURTH STB~W.T AND THE SOUTHEtLY LIMITS OF THE CITY OF BAEERSFIE~D .. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BAKERSFIk~.D~ as follows: SECTION 1. In order to promote the peace~, heaith~ safety a~ general welfare~ and to secure provisions for adequate light and air~ to conserve the value of property, and to obviate the menace to the public safety resulting from inadequate provisions for traffic thoroughfares in connection with~ and as a result of the development of the City~. there is hereby adopted an offlcialplan line on the east side of Oak Street between the southerly line of Twenty-fourth Street and the southerly limits of-the City of Bakersfield~ as a part of the Master Plan of the City of Bakersfield as provided for by the Conservation and Planni~ Act of the State of California. SECTION 2. From and after the effective date hereof~ it shall be unlaw- ful for any person~ firm or corporation to build~ erect or construct or cause or permit to be built, erected or constructed any .buildim~, · structure or any part thereof: (a) on the east side of' Oak Street between the' City ~oundary, 3%?.??' south of the south line of Bank Street~ and the south line of Palm Street~ closer to Oak Street than a line drawn parallel. to and distant 30' easterly from the east line of Oak Street. (b) On the east side of Oak Street between' the north line of Palm Street a~ the south line of Park ~ay., ......... closer to O'~-S-tr~'~ -t'han' a 'line' dr~ '~11-'~1 to and distant 10' easterly from the east line of Oak Street. (c) · On the east side of Oak Street between the' north line of Truxtun Avenue and the south line of 24th Street~ closer to Oak Street than a line drawn 1. parallel to a~ distant 10' ' easterly from the east line of Oak Street. Where a buildim~ setback line or yard'is required by Zoning Ordinance No. %~1., New Series, or any other ordinance now or here- after in effect in the City of Bakersfield, said setback line or yard shall be measured from the official plan line as established by bhis ordinance. Provided, however, that this section shall not apply to garden, nursery and agricultural crop planting and such ordinary yard fences and such more or less non-permanent sprinkling am~ irrigation structures as in the opinion of the Planni~ Com- mission will not defeat the purpose of this ordinance. SECTION 3. Said offic$.al plan line is set forth on that certain map entitled "MAP OF OFFICIAL I~AN OF OAK STREET, STATE ROUTE 141-24th STREET TO BRU~DAGE LANE"., which said map is on 'file in the office of the Planning Commission of the City of Bakersfield. Said map, together with all notations, inform, ation, and data contained thereon, is hereby made a part of this ordinance. SEOTION 4. The City Council, upon the recommendation of the Planning Commission, may grant adjustments or variances in the strict applica- tion of the provisions of Section 2 of this ordinance, in cases in which the strict application of such provisions would result in practical difficulty or unnecessary hardship. Application for adjustment or variance permissible under the provisions of this section shall be made to the Planning Commission, and shall include an application for a permit to erect or place a building, structure, or :.,'.',mthe~ improvement in the confines of above- mentioned 'reserva..tions,. easements ,_._a?~l streets... Upon.. receip, t .0.f _any such application by %he officer or employee of the Planning Co.mmission designated in the rules of said Commission to receive the same, such 2. officer or employee Sh~l set a time and place of a public hearing before said Con~nission on such apl~ication. Such officer or employee shall cause notice of the time. a~d place of such pul~ic hearing to be given by at least one publication in a newspaper of general circu- lation in the City~ at least ten ~_0) days before the date of' said h. earing. .At said hearim~ the applicant shall present a statement and adequate evidence in such form as the Planning Commission may re- quire ~ showing I (a) ' That there are special circumstances or conditions applying to the property upon which the proposed building~ structure, or other improvement is sought to be erected or placed. (b) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights. (c) That the granting of' said application will not materially affect adversely~ neighborhood property or the public welfare or health or safety of persons residing or workim~ in the ~ighborhood. The Planning Commission shall thereupon make its decision on said application and shall make written findings of fact showing whether said three conditions have been shown to exist and shall . report such findim~s to the City Council within forty (40) days'of :.~ the filing of the application. In recommending the granting of an adjustment or variance under the provisions of this section~ the Planning Commission may recommend such conditions in connection therewith as will~ in its opinion~ result in the adjustment or variance causing the mt nimum possibl'e inter.~erence with the purposes of this ordinance and with the ultimate accomplishment of the objectives of the Master Plan~ and sha~' specifically and fully set forth any adjustment or var- iance which is recommended and the cor~itions designated in con- · nection therewith. Upon receipt of such .findi~s~ the City Council shall make 0 decision upon the aforesaid application. Tf such decision shall approve the §rant~'~ of an adjustment or variance, the permit applied for shall be issued, subject to the conditions designated by the Plannir~ Commission or such modification thereof as the City Council shall approve, and subject to ell .other provisions of law. In all cases in which adjustments or variances are granted under the provisions of this section, the City Council shall require such evidence and guarantees as, upon recommendation of the Plannir~ Com- mission, it may deem to be necessary to insure that the conditions designated in connection therewith are bei .n~ and will be complied with. SECTION ~.' All departments, officials, and public employees of the City vested with the duty of authority to issue permits or licenses sh.ell conform to the provisions of this ordinance and shall issue no permit or license for uses~ bu~ldin~s or purposes in conflict w~th the' provisions of this ordinance; and any such permit or license issued in conflict with the provisions of this ordinance shall be null and void. It shall' be the duty of the Buildin~ Inspector a~ all other officers of the City, charged by law with the enfforcement of City ordinances, to enforce this ordinance. Any person, firm or corporation, whether as princi~al, agent, employeet or otherwises violatin~ or causin~ the violation of any of the provisions of this ordinance, .shall be guLlty of a misdemeaDmr~ and, upon convi~tion thereof, shall be punishable by a fine of more than $300.'00 or by imprisonment in the County ~ail, for a term Dmt exceedin~ 3 months, or by both such fine and lmprisor~nent. Such person, firm, or corporat.ion, shall be deemed to be guilty of a seP_..a_r_a_t..e. ?ffense for each., and every day during any p_o_r.t.ion of which any violation' of this ordinance is committed or continued by such persons firm, or corporation, and shall be punishable as herein provided. Any building or structure set up, erected, constructed~ al- tered, enlarged~ converted, moved~ or maintained contrary to the 4o provisions of this ordinance and any use of any la~, building, or premises established~ conducted, operated, or maintained con- trary to the provisions of this ordinance~ shall be and the same is hereby declared to be unlawful and a public nuisance; and the City Attorney shall, upon order of the City Council, immediately com- mence action or proceedings for the abatement amd removal and enjoin- merit thereof in the n~nner provided by law, and shall take 'such other steps and shall apply to such courts as may have Jurisdiction to grant such re~'ief as will abate and remove such building or structure, am~ restrain and enjoin any person~ firm, or corporation from setting up, erecting, building ~ maintaining, or using any such buildi~ or structure or using any property contrary to the provisions of this ordinance. The remedies provided for herein shall be cumulative and not exclusive · SECTION 6. The City Engineer is hereby instructed to cause to be recorded in the office of the County Recorder of the County of Xern, State of California, a full, true and correct copy, duly att. ested, of the map mentioned in Section 3 hereof, The City Engineer shall also file full, true and correct copies~ duly attested~ of such map in his office a~l in the' office of the County Surveyor of the County of Kern. SECTION 7.' The Ci. ty Engineer is hereby further instructed to post perma- nent notices of the establishment of the official plan lines as set forth in this ordinance. Such notices shall be painted on wood~" or metal, amd shall be placed at intervals 'of 'no~ more ..than two thousand feet along the east side of Oak Street between the southerly line of Twenty-fourth Street and the southerly limits of the City of Bakers- field~ and each shall contain the followim~ words (with blanks appropriately filled) ~ "The width, of this street 'is established as feet accordim~ to the official plan thereof Based on the Master ?lan of the City of Bakersfield. Keep all buildings and other structures hereafter erected outside such lines,., as shown on "MAP OF OFf'ICIAL PLAN OF OAK STP~-'ET~ STATE ROUTE 141-24th STKEET TO BRUNDAGE LAHE"~ recorded in the office of the County Recorder, Bakersfield. California, a copy of which is on file in the office of the City Engineer, Bakersfield, California. and the County ~urveyor...'-of the County of Kern. (Ordinance No.~~[of the City of Bakersfield). SECTION 8. If any section, subsection, sentence, clause, or phrase of this ordip~nce is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this ordinance. The Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and .phras~ thereof~ irrespective of the fact that any one or more sec- ' tions~ subsections, sentences, clauses, or phrases be declared invalid. I HEB~R¥ CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield, at a regular meeti.ng thereof held on the ~ day of ~, 19__~, by the following vote ~ AYF..$: ~, CROSS. KUEHN, RYDER, S~EMON, VANI}ERLEI, VERCAMMEN NOES: .~ ........ .' ............ - ....................... 4~E~IT'-__~ . ,'_ .. ....... Council of the City of Bakersfield.' ///MAYOR of-the ~l~y 6f Bakersfield. · I of Iosting r nan es STATE OF CALIFORNIAt :' County of Kern ~ ss. V. VAN RIPER, being duly sworn, deposes and That he is the duly appolnted,_aeting and qualified Clerk of the City of Bakersfield; · and that on .............. ~1,~....0. ............... f. ............... ,19..4-.0..., he posted on the llulletin ltoard at the City Hall, a full, true and comet copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ,Trine ~. ....................................................... , 19....4~...., which ordinance was numbered ........... New Series, and entitled: ".AN ORDINANCE ESTABLISIiING AN OFFICIAL PLAN LINE ON THE EAST SIDE OF OAK STREET BETYfEEN THE SOUTHEHLY LINE OF '1 TWENTY.FOURTH STREET .AND THE SOUTHERLY LIMITS OF THE CITY OF BAIfERSFIkW. D." '1 ~,~,,-':-:.' ... '., 'Sh, bsc~l~ed and sworn to before me this ~'~' ~ ""' ' '~ 'lb ~' - ] ~ ~ Sm~ ~ Cal~omm. .'~ .;., . ..' ... . ...............