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HomeMy WebLinkAboutORD NO 2533EMERGENCY ORDINANCE NO. 2533 NEW SERIES AN EMERGENCY ORDINANCE AMENDING TITLE 16 OF THE MUNICIPAL CODE BY PROVIDING FOR A PUBLIC HEARING BEFORE PLANNING COMMISSION APPROVAL OF TENTATIVE MAPS AND BY PROVIDING FOR THE CHARGING OF FEES CONNECTED WITH THE PROCESSING OF TENTATIVE MAPS. WHEREAS, the California Supreme Court has recently ruled that a noticed public hearing must be held prior to approval of tentative subdivision maps; and the Municipal Code of the City of Bakersfield comply with the requirements established by the WHEREAS, must be amended to Court; and WHEREAS, the noticed public hearing substantially increases the cost to the City of processing tentative maps pursuant to the Subdivision Map Act. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Section 16.12.090 of the Municipal Code of the City of Bakersfield is hereby amended to read as follows: 16.12.090 Fees. Fees for filing, checking and processing of any map or any other papers, maps, diagrams, or documents required under this title, fees for preparation and filing of any certifi- cate of compliance and fees for any appeal authorized hereunder shall be in the amount as prescribed by ordinance or resolution of the City Council. SECTION 2. That Section 16.16.010(b) of the Municipal Code of the City of Bakersfield is hereby amended to read as follows: 16.16.010(b) Every person submitting a tentative map shall pay a processing fee of two hundred dollars ($200.00). SECTION 3. That Section 16.16.060 of the Municipal Code of the City of Bakersfield is hereby amended to read as follows: 16.16.060 Tentative Map Approval--Procedure. A. Preliminary Determination - Within ten days after sub- mission, the Planning Director shall make a preliminary determina- tion whether he would recommend to the Planning Commission that the tentative map meets the requirements of section 16.16.080(a) (1) through (a) (3). B. Finding By Planning Director - If the Planning Director finds that he is unable to recommend to the Planning Commission that the tentative map meets the requirements specified in section 16.16.080(a) (1) through (a) (3), he shall so determine in writing and shall give notice of his determination by mailing such notice, through the United States Mai~ to the applicant and to any person designated in the application to receive notice. In such case, the applicant may, within five days after notice, withdraw his tentative map, at which time one hundred fifty dollars of the processing fee shall be returned to the applicant. The applicant shall not be prohibited from filing a subsequent tentative map pursuant to this chapter. C. Notice of Hearing - After the Planning Director has made a preliminary determination that the tentative map appears to meet the requirements of section 16.16.080(a) (1) through (a) (3) or if the applicant does not desire to withdraw the tentative map after a finding as described in subsection (B), above, the Planning Director shall, not less than ten (10) 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 in the following manner: (1) By publishing once in a newspaper of general circula- tion in the City; and (2) By mailing a notice, postage prepaid, to the applicant, to each member of the Planning Commission, and to the owners of all property within three hundred feet of the exterior boundaries of the property involved, using for this purpose, the name and address of such owners as shown on the last equalized county assessment roll. SECTION 4. That Section 16.16.070 of the Municipal Code of the City of Bakersfield is hereby amended to read as follows: 16.16.070 Public Hearing. A. After notice as provided in section 16.16.060, the Planning Commission shall hold and conduct a public hearing in accordance with Article 11 of its Rules and Regulations. B. Following the public hearing, the Planning Commission shall either approve, making findings as required by section 16.16.080, conditionally approve or disapprove the tentative map and shall take such action within fifty days after the filing of the map, unless such time is extended by agreement with the subdivider, and report its action directly to the subdivider. C. After the public hearing and when the tentative map is approved, conditionally approved or disapproved, the Commission shall, within one calendar week after the date of decision, return to the subdivider one copy of the map with a statement of the action and reasons therefor and a statement of what changes, if any, are necessary to render the tentative map acceptable. Another copy, together with a copy of the aforesaid statement, shall remain in the files of the Commission, and one copy of the said statement shall be sent to the following: City Engineer, Building Department. o D. At the same time the Commission shall designate the improve- ments which will be required under the provisions of this title and the dedications and irrevocable offers of dedication and the form thereof, which will be required under the provisions of this title and shall designate any other requirements lawfully authorized to be made. E. Nothing herein contained shall be construed to prohibit the filing of different tentative maps for the same property regard- less of whether the first one has been approved, provided when such subsequent map is filed, the first one filed is deemed completely rescinded and of no further force or effect. Optional tentative maps may be filed at the same time but action of the Commission shall relate only to one such map. F. The decision of the Commission shall be final, subject to appeal by the subdivider, as provided in this title. SECTION 5. That Section 16.16.090 of the Municipal Code of the City of Bakersfield is hereby deleted. SECTION 6. This ordinance is declared to be an emergency ordinance pursuant to Section 24 of the Charter of the City of Bakersfield, and shall become effective immediately upon its passage. .......... o0o .......... 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 14th day of November , 1979, by the following vote: CITY CL d erk of the Council Vof the City of Bakersfield APPROVED this 14t~/day of November 5~/~1~ of/]~C~ity of Bakersfield , 1979 APPROVED as to form: CITY ATTORNEY of the~ity of Bakersfield Aff av ! of r nan es STATE OF CAIJFORN1A, } County of Kern ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that or_ ................................................~P...Y.~.I!!.12..e...~....~_.5..: ............................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 ............. .i~.o..x.~.~!.12~.?_ _.~..z}.., ..................19....~.~., which ordinance was numbered. _. 25.3.3. .......... New Series, and entitled: AN EMERGENCY ORDINANCE AMENDING TITLE 16 OF THE MUNICIPAL CODE BY PROVIDING FOR A PUBLIC HEARING BEFORE PLANNING COMMISSION APPROVAL OF TENTATIVE MAPS AND BY PROVIDING FOR THE CHARGING OF FEES CONNECTED WITH THE PROCESSING OF TENTATIVE MAPS. Subscribed and sworn to before me this 14th ... day of ... ~P.Y.~ml~.~ ......................., 1.9...~.9.