HomeMy WebLinkAboutORD NO 2775ORDINANCE NO.
2775
NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTIONS 17.53.060 D.3.
AND 17.53.060 I. OF THE BAKERSFIELD
MUNICIPAL CODE RELATIVE TO SITE PLAN
REVIEW.
BE IT ORDAINED by the Council of
as follows:
Section
the City of Bakersfield
SECTION 1.
17.53.060 D.3. of the Municipal Code of the
City of Bakersfield is hereby amended to read as follows:
17.53.060 Process.
D. Action Procedure (Class "C" Projects).
3. Within two (2) working days from the date the
application is accepted as complete, the Directors shall determine
whether the public interest would be served by treating the Class
"C" Project as a Class "B" Project and requiring conformance to
the procedures set forth in Sections 17.53.060 B. and C. [Application
and Action Procedure]. If not, they shall confer with such other
City departments and/or other public agencies as they deem appropriate
and, as soon as possible, and within five (5) working days from
acceptance of the application, they shall approve the Site Plan
and attach such conditions as they deem appropriate, or deny the
permit on the basis of the application, the staff report, any
other relevant information and comments from other City departments
and/or other public agencies. Notice of such decision shall be
given as prescribed in subsection C.5. of this Section, except
that the posting requirements thereof shall not apply. If at any
time before their decision the Directors determine that the
public interest would be served by requiring conformance to the
procedures set [orth in Section 17.53.060 B. and C., they shall
declare it to be a Class "B" Project, so inform the applicant and
process the application as such. The applicant shall be required
to submit any additional information appropriate to the processing
of such project as a Class "B" Project and shall pay the fees
required for a Class "B" Project, credit being given for fees
theretofor paid.
SECTION 2.
Section 17.53.060 I. of the Municipal Code of
of Bakersfield is hereby amended to read as follows:
the City
17.53.060 Process.
I. Appeal.
1. Class "B" and Class "C" Projects. An applicant
not satisfied with the decision of the Site Plan Review Committee
on a Class "B" or Class "C" Project may, within ten (10) days of
the date of the decision, appeal to the City Planning Commission
by filing a written notice of appeal with the Planning Director
setting forth the precise basis and issues on appeal and requesting
a hearing thereon. The Planning Commission shall, within thirty
(30) days of such appeal having been filed, hold a hearing thereon.
If such applicant is not satisfied with the decision of the
Planning Commission, he may, within ten (10) days of the date of
such decision, appeal in writing to the City Council by filing a
written appeal with the City Clerk.
a public hearing on the appeal.
2. C~ass "A" Projects.
The City Council shall hold
The applicant and any person
asserting that his property rights have been substantially affected
by the decision of the Planning Commission on a Class "A" Project
may, within ten (10) days of the date of the decision, appeal to
the City Council by filing a written notice of appeal with the
City Clerk. The City Council shall hold a public hearing on the
appeal. Such appeal shall be consolidated with any appeal filed
pursuant to Section 17.64.130 of this Code.
3. Waiver. Failure to file an appeal within the time
period prescribed therefor hereinabove, or application for a
building permit following approval of a site plan application,
shall be deemed a waiver of the right of appeal.
4. Limitation. No appeal may be taken to a declsion
of the Directors to treat a Class "C" Project as a Class "B"
Project, as provided in Section 17.53.060 D.3.
e
SECTION 3.
This ordinance shall be posted in accordance with the
City Charter provisions and shall become effective thirty (30)
days from and after the date of its passage.
......... o0o .........
I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereo~ held on the 1st day of September , 1982, by
the following vote:
AYES: COUNCILMEN: BARTON, CHRI~STENS~N, MEANS, PAYNE, RA1ffY, ROC~OFF~
ABSTA~NIN(;.: COUNCILMEN: ~ ~
Council of the City of Bakersfield
the
APPRQ~D this 1st day~f September
of Bakersfield
, 1982
APPROVED as to form:
CITY T~TO~NE/~Y ~f t~h~Al~-~- Bake r s fie 1 d
AJS:mm
6/21/82
7/9/82
Aff av of ]ost ng ( r nan es
STATE OF CALIFORNIA, f
County of Kern ss.
PHILIP KELMAR, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that oa .................~.~...~..~.~..b...~Lr.......~ ........................................................................19.....~.~. he posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on .............~.9.~...~.~_.m....b..~.E......1.. .........................................., 19...~_~..., which ordinance
was numbered~ ...........~.~..~.~ ..........................New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD AMENDING SECTIONS
17.53.060 D.3. AND 17.53.060 I. OF TIlE
BAKERSFIELD MUNICIPAL CODE BELATIVE TO
SITE PLAN REVIEW
Ci r
Subscribed and sworn to before me this
:~ .. day o~ ..........~.~?~.e_~ ..........