HomeMy WebLinkAboutORD NO 2723ORDINANCE NO. 2723 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING CHAPTER 17.64 OF THE
BAKERSFIELD MUNICIPAL CODE BY AMENDING
SECTIONS 17.64.120B, 17.64.120D, 17.64.130A
AND ]7.64.130D RELATIVE TO PROCEDURES FOR
ZONE CHANGES AND APPEALS.
BE
as follows:
IT ORDAINED by the Council of the City of Bakersfield
SECTION 1.
Section 17.64.120B of the Bakersfield Municipal Code is
hereby amended to read as follows:
17.64.120 Procedure.
B. The Planning Commission shall either approve and recom-
mend the enactment of the proposed amendment; conditionally
approve and recommend the enactment of the proposed amendment
subject, where appropriate, to contractual commitment and surety
bonding to satisfy specified conditions; disapprove it or recommend
an alternative zoning district more restrictive than that proposed.
The recommendation of such alternative zoning district shall
constitute a disapproval of the district amendment originally
proposed.
SECTION 2.
Section 17.64.120D of the Bakersfield Municipal Code is
hereby amended to read as follows:
17.64.120 Procedure.
D. All approvals and recommendations of zone changes by the
Planning Commission shall be presented to the City Council for
final action following public hearing by the Planning Commission.
Matters so presented to the City Council for final action shall
not require a noticed public hearing before the City Council
unless an appeal is filed pursuant to Section 17.64.1130.
SECTION 3.
Section 17.64.130A of the Bakersfield Municipal Code is
hereby amended to read as follows:
17.64.130 A~peals.
A. Filing. Within ten (10) days after the date of the
action appealed from, any interested person, including the applicant,
may appeal by filing with the City Clerk a written appeal. The
written appeal shall include the appellant's interest in or
relationship to the subject property, the decision of approval
and recommendation, conditional approval and recommendation or
disapproval and specific reasons why the appellant believes the
decision of the Planning Commission should not be upheld. No
fee shall be charged the appellant for such appeal.
Section
is hereby amended
SECTION 4.
17.64.130D of the Bakersfield Municipal Code
to read as follows:
17.64.130 Appeals.
D. Council Action on Appeal. On appeal
hearing, the Council may enact into ordinance
following a public
the zoning amendment
giving rise to the appeal or any alternative zoning district more
restrictive than that proposed, may affirm any conditional approval
and recommendation of the Planning Commission and, where appropriate,
defer first reading of the amendment pending the contractual
commitment of the property owner with surety bonding to satisfy
specified conditions, may decide in favor of the appeal and give
first reading to the ordinance effectuating the zone change
without some or all of the conditions recommended
Commission, or may decide against adoption of the
ordinance amendment. The decision of the Council
and conclusive.
by the Planning
proposed zoning
shall be final
SECTION 5.
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.
2e
I HEREBY CERTIFY that the
and adopted by the Council of the City of Bakersfield at
meeting thereof held on the 31st day of M~rch ,
the following vote:
foregoing Ordinance was passed
a regular
1982, by
CITY CLERK ~nd Ex/Officio Clerk of
Council of the City of Bakersfield
the
A~D this 31s__t day of l{arch
Y~ t~lty o~rsfT~ld
, 1982
APPROVED as to form:
AJS:mm 3.
Aff av of osting r nau es
STATE OF CALIFORNIA, }
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 on ...........................~.~..-r..~.~_._2_~ ...........................................................................19~..8....2..... 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 .................}~..a....r....c...t~_._~.~..~. ..............................................., 19.._.8-..2..., which ordinance
was numbere&._...._~..~2..~ .........................New Series, and entitled:
An Ordinance of the Council of the City of
Bakersfield amending Chapter 17.64 of the
Bakersfield Municipal Code by amending
Sections 17.64.120B, 17.64.120D, 17.64.130A
and 17.64.t30D relative to procedures for
Zone Changes and Appeals.
Subscribed and sworn to before me this
.6~.~..... day of ....AJ~.~.~ ~]: ............................., 19.~.~ ....