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Home My WebLink AboutORD NO 1289 EMERGENCY- 0R-Di~OE NO .1289~ NEW SERIES. . - -_... -'- -" · AN'ORDINANCE- CREATING A PLANNING C0~4ISSION' PRE- '- ._ .- SCRIBING THE-~T__H.._0D OF APPOINTMENT, THE DUTIES OF .-~. ..... TI-I~ i~I~BEI~ 2TI~ AND..' ADOPTING-' THE CONSERVATION ~¢'-' AND PIANNING LA~d' OF THE STATE OF CALIFORNIA, AND .' "-'~- CREATING A BOARD OF ZONING ADJ'USTMENT AND SETTING .. .. ~PEAr.~ING ORDINANCE8 NOS. 943, NEW S~.RIE8, 1014/4.'.' ": -' 'NEW SERIE8, ll?9, NEW SERIES,AND 1218, NEW SERIES, ALL 0F TI'~ CITY OF BAK.~SFIELD, CALIFORNIA. .." WHEREAS, an emergency exists making it necessary to provide f~ the daily operation of a municipal department by the revision '-'.:~. and reenactment of certain ordinances of the City of Bakersfield. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield, as follows: SECTION 1. .-.. ADOPTION OF STATE LAW. The Conservation and Planning Law o£ the State of California, being Title ? of the Government Code, and amendments thereto, is hereby adopted by the City of 'Bakersfield by reference to S~id Law, and all the provisions therein contained which are applicable to cities, and not in conflict with any provisions of the Charter or ordinances of the City of Bakersfield. SECTION 2. APPOINTFiENT OF OFFICERS AND EMPLOYEES. 'Wherever said Con- se~vation and Planning Law p~ovides for the appointment of a direc- tor, officers, employees, consultant or other specialists, said appoint-. · ment shall be made by the City Council or City Manager, as the case may be, as.set forth in the Cha~ter or o~dinances of the City regu- lating employment of officers and/or employees o£ the City. ....... '- SECTION 3'. " CRE~TION OF PLANNING COmmISSION - N~EBERS. There is hereby created .a Planning Co~nnission of the City of Bakersfield which shall consist of seven (7) members who shall· be appointed by the City -- C_ouncil. Members. shall .serve for a. term of four · . vaCancy shall occur, other than '._b~_~exPiration of term, it shalI'~be filled by appointment for the unexpired portion of the term.' SECTION 4- SELECTI6N OF CHAIRMAN·- REGULAR MEETINGS. .The'-0..ommission s~hll~elect its Chairman from among its appointed members for · .. term of one year and, subject to other provisions of law, maY.._..~or'eate and fill su. ch other.offices as it may determine. The-Commission shall· hold at least one (1) regular meeting in each month. It shall adopt rules for transaction of business and shall keep a record of the resolutions, transactions, findings and determinations, which record, shall be a public record. SECTION 5. TECENICAL ADVISORS. 'The Director of·Public Works and the Chief Building .Inspector of the City· of Bakersfield shall attend the meetings' of' the Planning Commission and shall serve as technical .... advi'so~s to said Commission. Each technical advisor may designate one of' his assistants or' deputies to attend the meetings of the Commission in his abse'nce, whenever in this ordinance the term "Director of Public Works" is used, it shall mean the City Engineer, until such·time as a Director of Public Works shall be appointed. SEC TION 6. ABSENCE FROM MEETI~GS. (a) Should a member of the Planning Commission be absent for three consecutive regular meetings of said CommiSsion without cause, the office of such member or appointee ._ shall be deemed to be terminated and the secretary of the Planning Commission shall ·immediately inform the City Council of such termina- tion. e ~' (b)' An absence due to illness or an unavoidable'absence from the City and written notice thereof to the secretary of the .... planning' Co~uission on or before the day of any regular meeting of said commission, shall be deemed absence for cause. SECTION 7. COUNCIL¥~N IN ADVISORY CAPACITY. One member of the City' Council shail be designabed by the City Council to attend the · . meetings .of Dhe Planning Commission, in an advisory capacitY, for a-term of. two years. SECTION 8. .CREATION OF BOARD 0F ZONING ADJUSTMENT - MEMBERS. There. is hereby created a Board of Zoning Adjustment of the City -~'.. Bakersfield, which shall consist of three (3) members which member- ship shall be selected on the basis of one member each from the Planning, Building, and Legal Departments of the City of Bakersfield, and who shall be appointed by the City Council. One member shall be appointed to serve'for a term which shall expire December l'~ 1960; one member s~ll be appointed to serve for a te~m which shall expire December 1,.1961; and one membe~ shall be appointed to serve for a term which shall expire December l, 1962. At the expiration of each of the terms so provided for, successors shall be appointed for a term of three (3)'years. Vacancies on said Board shall be filled in the same manner for the unexpired term. Members' of the Board of Zon- ing Adjustment.ma~ be removed in the same manner as members of the Planning Commission, as provided by law. SECTION 9. POWEBS AND DUTIES OF BOARD OF ZONING ADJUSTMENT. The powers '---'and duties.'of the Board Of Zoning Adjus~ent shall be: (a) To'administer the Zoning Ordinance insofar as the same pertains to conditional use permits, variances, modifications, and e ~-. home occupation permits. (b) To recommend to the City Council any additional uses which may be included within the list of permitted-uses. (c) To determine whether plans submitted for uses in "P" (Parking')', and "W" (Oilwell), Zones, respectively, are in harmony with the provisions of Zoning Ordinance No. lO10, New Series, and meet the requirements therein set forth. (d) To conduct hearings and render decisions on applicatiS~s for conditional use permits, variances, modifications, and home occu- pation · permits, subject to the provisions of said Zoning Ordinance regulating the granting of such permits. (e) To exercise such other powers as may be granted by State laws and local ordinances. (f) To adopt rules of procedures necessary to carry out 'the purposes of this section. SECTION 10.. PRESENT COMMISSION AND BOARD OF ZONING ADJUSTMENT MEMBERS. The Planning Commission and the Board of Zoning Adjustment created prior to the adoption of this ordinance, are hereby continued in existence and operation as such Planning Commission and such Board .of Zoning Adjustment Of the City of Bakersfield, and the members of each thereof heretofore and hereafter appointed shall be and consti- tute the members of said Planning Commission and of said Board of Zoning Adjustment, respectively, until the expiration of the terms for which they were or shall be appointed. · ' SECTION 11. REPEALER. That Ordinances Nos. 943, New Series, 10~l~, New Series., '1179, New Series and 1218, New Series of the City of Bakers- field be and the same are hereby repealed. SECTION 12. EMERGENCY. This· ordinance is hereby declared to be an emergency ordinance withln the' meaning of Section 24 of the Charter of the City of Bakersfield, State.e£ California, and necessary to provide for the daily operation of a municipal department, and_shall be e£~ective immediately upon its passage. ~ - 000 ..... I HEREBY' CERTIFY that the foregoing Emergency Ordinance was passed and adopted by the Council of the'City of Bakersfield at a regular meeting thereof held on the 25th day of April, 1960, by the following vote: City C~erk and E~-0fficio Clerk of the Council of the City of Bakersfield. APPRO~E~thi~Sth ~y of Apri~l, 1960. "MA~0R of the-'.City of Bake~sffeld. Affi av ! of J os ng r nan es STATE OF CALIFORNIA, ~ County of Kern ~ ss. MARI'AN S. IRVIN, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that the 26th day of April, 19.._6.._0.. she posted on the Bulletin Board at on ........................................................................................... , the City Hall, a full, true and correct copy of an ordinance passed by the Counci~ of said City at a the 25th day of Apr~l- 19~....0...., which ordinance meeting thereof duly held on ..................................................................... ~ ........ , was numbered ............ ._1..2...8..9.. ............. New Series, and entitled: AN ORDINANCE CREATING A PLANNING COMMISSION, PRE- SCRIBING THE METHOD OF APPOINTMENT, THE DUTIES OF THE MEMBERS THEREOF AND ADOPTING THE CONSERVATION AND PLANNING LAW OF THE STATE OF CALIFORNIA, AND CREATING A BOARD OF ZONING ADJUSTMENT AND SETTING FORTH THE POWERS AND DUTIES OF SAID BOARD, AND REPEALING ORDINANCES NOS. 943, NEW SERIES, 1044, NEW SERIES, 1179, NEW SERIES, AND 1218, NEW SERIES, ALL OF THE CITY OF BAKERSFI ELD, CALI FORNI A o Subscribed and sworn to before me this ..2.,.6...t..h....day of ............. .A--D..r.~..i.., ................... , 19...6..0.... Notary Public in"and for the C~unt~' of Kern, State of ~alifornia