HomeMy WebLinkAboutORD NO 4392
ORDINANCE NO.
4899
AN ORDINANCE AMENDING SECTION
16.16.060(A) OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO HEARING
NOTICE REQUIREMENTS FOR TENTATIVE
MAPS; AND SECTION 17.64.050(B)
RELATING TO HEARING NOTICE
REQUIREMENTS FOR GENERAL PLAN
AMENDMENTS, SPECIFIC PLANS, OR ZONE
CHANGES
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 16.16.060(A) is hereby amended to read as follows:
16.16.060 Public hearing.
A. The planning director shall, not less than ten days before the date of the
hearing, give notice of the date, time, place of hearing, location of the property and the
nature of the request including any request for waiver of signatures pursuant to Section
16.20.060(B) in the following manner:
1. By publishing once in a newspaper of general circulation in the city; and
2. By mailing a notice, postage prepaid, to the applicant; to the owner of the
property to be subdivided or the owners duly authorized agent; to the owners of
interests in mineral or hydrocarbon substances where combined with right of entry; and
to lessees of mineral or hydrocarbon substances, using for purposes of notifying
owners, mineral owners and lessees the names and addresses as shown on the
preliminary title report required by Section 16.16.010(D) and shown on information
required by Section 16.16.010(E); to the owners of all property within three hundred feet
of the exterior boundaries of the property involved, using for these purposes, the names
and addresses as shown on the last equalized county assessment roll; to each local
agency (if not the city) expected to provide water, sewage, streets, roads, schools or
other essential facilities to the project, whose ability to provide those facilities and
services may be significantly affected; and any other person filing with the planning
director a written request for notice; and
3. In addition, not less than twenty (20) days but not more than sixty (60)
days prior to the hearing, the applicant shall post signs on the property indicating the
date, time, and place of the hearing on the proposed tentative map.
a. One sign shall be posted for every three hundred (300) feet of street
frontage, or portion thereof, with a maximum of two (2) signs per street frontage. If no
portion of the property fronts an existing public street, at least one (1) sign shall be
posted on the property nearest the point of legal access from a public street or as
otherwise directed by the planning director.
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b. The size of the sign shall be eight (8) feet wide by four (4) feet high.
Lettering style, formatting, mounting, and materials to be used shall be as set forth in
the Administrative Policy Manual approved by the Development Services Director.
c. The applicant shall file with the Planning Department, on a form provided
by the city, photograph(s) of the posted sign(s) and a declaration, signed under penalty
of perjury, that the property has been posted according to the requirements of this
section.
d. If the applicant fails to post the signs within the specified time, and if the
photographs and declaration are not filed with the Planning Department within five (5)
days of the signs being posted, the public hearing may be postponed until the signs are
posted and proof of posting has been submitted.
e. The applicant shall remove all signs posted pursuant to this section within
ten (10) days after the appeal period for the hearing has expired or ten (10) days after
final city council action on the tentative map, whichever is later. Should the applicant
withdraw their application for a tentative map, all signs posted shall be removed within
ten (10) days of the withdrawing of the application.
f. Should the applicant fail to remove any sign within the specified time, the
city may remove any such sign and the costs thereof shall be borne by the applicant.
SECTION 2.
Section 17.64.050(B) is hereby amended to read as follows:
17.64.050 Hearings-Notices.
B. 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:
1. 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 of the owners duly authorized
agent, and to the project applicant.
2. 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.
3. Notice of the hearing shall be mailed or delivered at least ten days prior to
the hearing to all owners of real property as shown on the 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 and to the mineral owners as shown on the latest equalized
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assessment roll of real property that is the subject of the hearing, and the production
operator of record of subject real property as shown in the State of California
Department of Conservation, Division of Oil, Gas and Geothermal Resources (herein
D.O.G.G.R.) records as of thirty days of the date of application of the conditional use
permit. The applicant shall be responsible for obtaining the operator's name and
address from D.O.G.G.R and submitting such documentation from the division with the
application for a conditional use permit.
4. Notice shall be published in at least one newspaper of general circulation
within the city at least ten days prior to the hearing.
5. Notice shall be mailed to every person filing with the planning director a
written request for notice.
6. In addition, not less than twenty (20) days but not more than sixty (60)
days prior to the hearing on any general plan amendment, specific plan, or zone
change, the applicant shall post signs on the property indicating the date, time, and
place of the hearing on the proposed general plan amendment, specific plan, or zone
change.
a. One sign shall be posted for every three hundred (300) feet of street
frontage, or portion thereof, with a maximum of two (2) signs per street frontage. If no
portion of the property fronts an existing public street, at least one (1) sign shall be
posted on the property nearest the point of legal access from a public street or as
otherwise directed by the planning director.
b. The size of the sign shall be eight (8) feet wide by four (4) feet high.
Lettering style, formatting, mounting, and materials to be used shall be as set forth in
the Administrative Policy Manual approved by the Development Services Director.
c. The applicant shall file with the Planning Department, on a form provided
by the city, photograph(s) of the posted sign(s) and a declaration, signed under penalty
of perjury, that the property has been posted according to the requirements of this
section.
d. If the applicant fails to post the signs within the specified time, and if the
photographs and declaration are not filed with the Planning Department within five (5)
days of the signs being posted, the public hearing may be postponed until the signs are
posted and proof of posting has been submitted.
e. The applicant shall remove all signs posted pursuant to this section within
ten (10) days after final city council action on the general plan amendment, specific
plan, or zone change. Should the applicant withdraw their application for a general plan
amendment, specific plan, or zone change, all signs posted shall be removed within ten
(10) days of the withdrawing of the application.
f. Should the applicant fail to remove any sign within the specified time, the
city may remove any such sign and the costs thereof shall be borne by the applicant.
SECTION 3.
This Ordinance shall be posted in accordance with the provIsions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and after
the date of its passage.
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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
NOV 2 9 2006 , by the following vote:
~
NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
~
1155~{ CITY CLERK and EX OFFI
Council of the City of Bake
APPROVED:
NOV 2 9 2006
~l.__
HARVEY L. HALL, Mayor
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
ROBERT M. SHERFY
Deputy City Attorney
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
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 30th day of November ,2006 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4392 passed by the
Bakersfield City Council at a meeting held on the 29th day of November. 2006 and
entitled:
ORDINANCE AMENDING SECTION 16.16.060(A) OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO HEARING NOTICE REQUIREMENTS
FOR TENTATIVE MAPS; AND SECTION 17,64.050(B) RELATING TO
HEARING NOTICE REQUIREMENTS FOR GENERAL PLAN AMENDMENTS,
SPECIFIC PLANS, OR ZONE CHANGES
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: ~=t--~_
DEPUT Cit Clerk
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