HomeMy WebLinkAboutORD NO 2381ORDINANCE NO. 2381
NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING CHAPTER 17.60 OF THE
MUNICIPAL CODE OF THE CITY OF BAKERSFIELD
CONCERNING MODIFICATIONS, CONDITIONAL USE
PERMITS, TEXT AMENDMENTS AND ZONE CHANGES.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
That Chapter 17.60 of Title 17 of the Municipal Code of
the City of Bakersfield is amended to read as follows:
Chapter 17.60
MODIFICATIONS, CONDITIONAL USE PERMITS,
ENACTMENT OF TEXT AMENDMENTS AND ZONE CHANGES
Sections:
17.60.010
17.60.020
17.60.030
17.60.040
17.60.050
17.60.060
17.60.070
17.60.080
17.60.090
17.60.100
17.60.110
17.60.120
17.60.130
17.60.140
Scope of Chapter
Modifications and Conditional Use Permits
Filing Applications For Modifications and
Conditional Use Permits
Filing Fees
Notice of Hearing
Public Hearings
Decision and Findings--Grant or Denial of
Application--Modifications and Conditional
Use Permits
Appeal of Decision--Modifications and Conditional
Use Permits
Enactment of Text Amendments to Title 17
Enactment of Zone Changes
Zone Changes--Procedure
Appeals
Council Action: Planning Commission Decision
Not Appealed
Compliance With Environmental Law
17.60.010 Scope of Chapter. The following regulations shall
apply to the granting of modifications, conditional use permits and
to the enactment of text amendments to Title 17 and of zone changes
(amendments changing property from one zone to another or changing
the boundary of any zone).
17.60.020 Modifications and Conditional Use Permits.
A. Authority of Board of Zoning Adjustment. The Board of
Zoning Adjustment shall have authority to grant, subject to appeal
to the City Council under the provisions of this Title, the following:
1. Modification or Waiver of:
(a) Automobile parking space or loading space require-
ments on private property where, in the particular instance, such
modification will not be inconsistent with the purposes and intent
of this title; and
(b) The height, yard and lot area regulations as may
be necessary to secure an appropriate improvement on a lot; and
(c) Fence, wall and hedge regulations as may be neces-
sary to secure an appropriate improvement on a lot.
2. Conditional Use Permits in accordance with applicable
provisions of Title 17.
17.60.030 Filing Applications For Modifications and Conditional
Use Permits. Applications for modifications and conditional use
permits shall be made in writing to the Board of Zoning Adjustment
in such form as is approved by said Board, which Board shall provide
forms for such purposes and may prescribe the type of information
to be provided thereon. No application shall be received unless ·
it complies with such requirements. Applications filed pursuant to
this section shall be numbered consecutively in the order of their
filing and shall become a part of the permanent official records of
the Board of Zoning Adjustment, and there shall be attached thereto
copies of all notices and actions pertaining thereto. The Board of
Zoning Adjustment shall cause to be made by its own members, or
members of its staff, the investigation of facts bearing upon the
application as will serve to provide all necessary information to
assure that the action on each such application is consistent with
the intent and purpose of this title.
17.60.040 Filing Fees. Before accepting any application for
filing, the City shall charge and collect the following fees for the
purpose of defraying the expenditures incidental to the proceedings
prescribed in this chapter.
A. Modifications.
fee of twenty-five dollars ($25),
ing is required by this chapter,
dollars ($75).
For each application for a modification a
except when a noticed public hear-
in which event a fee of seventy-five
B. Conditional Use Permits. For each application for a con-
ditional use permit a fee of seventy-five dollars ($75) excepting
Day Care Nurseries, permit fee twenty-five dollars ($25).
C. Change of Zone. For each application for a change of zone
a fee of two hundred dollars ($200).
D. Appeal. For each appeal to the City Council from any order,
requirement, decision, or determination of the Board of Zoning Adjust-
ment in the administration or enforcement of the provisions of this
title, a fee of ten dollars ($10).
17.60.050 Notice of Hearing. Following the receipt in proper
form of an application for a modification or conditional use permit
requiring a public hearing, the Secretary of the Board of Zoning
Adjustment shall fix a time and place of public hearing thereon.
Not less than ten days before the date of such public hearing, notice
of the date, time, place of hearing and location of the property, and
the nature of the request shall be given in the following manner:
A. By publishing once in a newspaper of general circulation in
the City.
B. By mailing a notice, postage prepaid, to the applicant, to
each member of the Board of Zoning Adjustment, 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 upon the latest County assessment roll.
17.60.060 Public Hearings.
A. Conduct of Hearing. Public hearings as provided for in
this chapter shall be held before the Board of Zoning Adjustment
at the time and place for which public notice has been given as
hereinbefore required, in the matter of applications for modifica-
tions and conditional use permits in which a public hearing is re-
quired. The Board of Zoning Adjustment may establish its own rules
for the conduct of the hearings. A summary of all pertinent testi-
mony offered at a public hearing, together with the names and addresses
of all persons testifying, shall be recorded and made a part of the
permanent files of the case. Any such hearing may be continued pro-
vided that, prior to the adjournment or recess thereof, the presid-
ing officer at the hearing shall announce the time and place to which
the hearing will be continued.
B. Waiver of Hearing. The Board of Zoning Adjustment may waive
public hearing on an application for conditional use permit for public
utility or public service uses or public buildings, when found to be
necessary for the public health, safety, convenience or welfare and
may waive such hearing on applications for modifications when the
application is accompanied by the written consent of owners of
adjoining property.
17.60.070 Decision and Findings--Grant or Denial of Application--
Modifications and Conditional Use Permits.
A. Rendering Decision. Within thirty-five days after the con-
clusion of a public hearing or after the meeting at which an appli-
cation for modification or conditional use permit is considered in
the absence of a public hearing, the Board of Zoning Adjustment shall
render its decision on the matter so heard or so considered. The
failure of said Board to render such decision within thirty-five
days thereafter shall be deemed to constitute a denial.
B. Record of Actions. The Board of Zoning Adjustment shall
announce and record its actions with respect to modifications and
conditional use permits, by formal resolution, and such resolution
shall recite the findings and the facts upon which the findings are
based.
C. Notice of Decision. Within five days after final decision
by the Board of Zoning Adjustment on an application for modification
or conditional use permit, notice of the decision in the matter shall
be mailed to the applicant at the address shown upon the application,
the City Clerk, the members of the City Council and when a public
hearing is held, the owners of the adjoining property.
D. Findings Required For Modification. A modification shall be
granted only when it is found that:
1. The granting of such modification would not be materially
detrimental to the public welfare, nor injurious to the property or
improvements in the zone or vicinity in which the property is located;
and
2. The granting of such modification is necessary to secure
an appropriate improvement on the lot; and
3. The granting of the modification would not be inconsis-
tent with the purposes and intent of Title 17 of the Municipal Code.
E. Findings Required For Conditional Use Permit. A conditional
use permit shall be granted only when it is found that:
1. The proposed use is deemed essential or desirable to
the public convenience or welfare; and
2. The proposed use is in harmony with the various elements
and objectives of the General Plan and applicable specific plans.
F. Conditions. The issuance of any modification or conditional
use permit pursuant to this title may be granted subject to such con-
ditions as may be deemed appropriate or necessary to assure compli-
ance with the intent and purpose of the zoning regulations and the
various elements and objectives of the General Plan and applicable
specific plans and policies of the City or to protect the public
health, safety, convenience, or welfare. Dedications of real pro-
perty may be required and improvements of public streets shall be
in accordance with standard specifications of the City of Bakersfield
on file in the office of the City Engineer.
G. Exercise of Rights. The exercise of rights granted by a
modification or conditional use permit shall be subject to the follow-
ing provisions:
(a) The exercise of rights granted shall be commenced
within one year after the date of the final decision.
(b) All conditions imposed by the decision, including any
required dedication of property, improvements, landscaping, etc. shall
be diligently complied with, and all construction authorized or required
shall be diligently prosecuted to completion.
(¢) Any time limit contained in this chapter or in any
decision, for good cause shown, may be extended by the Board of Zon-
ing Adjustment for a period or periods, the total of which shall not
exceed one year.
H. Termination of Rights. The modification or conditional use
permit shall terminate, and all rights granted therein shall lapse,
and the property affected thereby shall be subject to all of the pro-
visions and regulations of Title 17 applicable to the zone in which
such property is classified at the time of such abandonment, when any
of the following occur:
(a) There is a failure to commence the exercise of rights
as required by subsection G. or within any duly granted extension.
(b) There is a discontinuance for a continuous period of
one year of the exercise of the rights granted.
I. Revocation of Rights. The Planning Director may revoke the
rights granted by such modification or conditional use permit and
the property affected thereby shall be
visions and regulations of Title 17 of
as of the effective date of revocation.
subject to all of the pro-
the Municipal Code applicable
Such revocation shall be
for good cause including, but not limited to, the failure to comply
with conditions or complete construction as required by subsection G,
the failure to comply with any condition contained in the modification
or conditional use permit, or the violation by the owner or tenant of
any provision of the Municipal Code pertaining to the premises for
which such modification or conditional use permit was granted.
(a) The Planning Director shall give notice of such revo-
cation, together with his reasons therefor, either by personal delivery
to the occupant of such premises, to the owner of such premises, to
any person indicated in the permit as being entitled to exercise the
permit, or by deposit in the United States mail, postage prepaid,
addressed to such person(s) at his last-known business or residence
address as the same appears in the records of the modification or
conditional use permit. Service by mail shall be deemed to have
been completed at the time of deposit in the post office, or any
United States mailbox. The Planning Director shall set forth in such
notice the effective date of such revocation which shall be not less
than thirty days after the giving of such notice.
(b) At any time before the effective date of revocation,
the Planning Director, for good cause shown, may extend or further
extend, such effective date.
(c) The decision of the Planning Director shall be final,
subject to appeal to the Board of Zoning adjustment within ten days
after notice.
(d) When a proper appeal has been filed, the decision of
the Planning Director shall be set aside, and public hearing upon
the matter shall be set before the Board of Zoning Adjustment within
thirty days after the appeal is filed.
o
(e) Not less than ten days before the date of such public
hearing, notice of the time and place of the hearing before the Board
of Zoning Adjustment shall be given by mail to: (1) every person
whose name and address appears on the latest equalized county assess-
ment roll as the owner of any property within the territory covered
by the proceedings and within three hundred feet of the exterior
boundaries of such territory; (2) every person filing with the Plan-
ning Director a written request for notice with respect to the pro-
ceeding; and (3) any person designated in the application or the
appeal to receive such notice.
(f) On appeal the Board of Zoning Adjustment may affirm
the revocation, terminate the revocation or modify the order of
revocation.
(g) The decision of the Board of Zoning Adjustment shall
be final and conclusive.
J. No Permit or License. No permit or license for any use
involved in an application for a modification or conditional use
permit shall be issued, until same shall have become final by
reason of the failure of any person to appeal or by reason of the
action of the City Council.
17.60.080 Appeal of Decision--Modification and Conditional Use
Permit.
A. Decision Final Unless Appealed. The granting, either with
or without conditions, or the denial of an application for modifica-
tion or conditional use permit shall be final unless within ten days
after the decision of the Board of Zoning Adjustment the applicant
or other person aggrieved, shall appeal therefrom in writing to the
City Council by presenting such appeal to the City Clerk.
B. Contents of Appeal. The appeal shall include the appellant's
interest in or relationship to the subject property, the decision
or action appealed, and specific reasons why the appellant believes
the decision or action appealed from should not be upheld.
for hearing the appeal.
at least ten days prior
the United States mail:
Notice of Appeal Hearing. The City Clerk shall set the date
Notice of the appeal hearing shall be given
to the date set therefor by mailing, through
(1) to the appellant and any person desig-
nated to receive such notice; (2) to every person filing a written
request for notice with respect to the proceeding; and (3) to every
person whose name and address appears on the latest equalized county
assessment roll as the owner of any property within the territory
covered by the proceedings and within three hundred feet of the
exterior boundaries of such territory.
D. Hearing Procedure. The public hearing before the Council
shall be heard at the place for which set and noticed, commencing
at the time indicated, or as soon thereafter as the matter can be
heard. Any hearing may be continued to a time and place certain,
which shall be publicly announced. The Council may establish any
reasonable rules of procedure for the conduct of such hearings as
are consistent with this chapter.
E. Council Action on Appeal. On appeal the City Council may
grant, grant in modified form, or deny the requested modification
or conditional use permit.
17.60.090 Enactment of Text Amendments to Title 17. This sec-
tion shall govern the procedure for the amendment of any provisions
17 of the Municipal Code, other than amendments changing
from one zone to another, or changing the boundary of any
of Title
property
zone.
A.
Initiation. Proceedings under this section may be initiated
by City Council action, Planning Commission action, or action by the
city staff.
B. Hearing. When initiated by the Planning Commission or city
staff, the Planning Con~nission may, but need not hold a public hear-
ing. When initiated by the City Council, the Planning Commission
shall hold a public hearing when directed to do so by the City
Council and may, but need not hold such hearing when not so directed.
When a public hearing is to be held concerning a text amendment to
Title 17, notice thereof shall be given once by publication in a
newspaper of general circulation in the City, which notice shall
state the time, date and place of such hearing and a general des-
cription of the nature of the proposed text amendment.
C. Decision. The Planning Cormnission shall, in any event,
consider such proposed text amendment at a regular, adjourned or
special meeting and shall either approve and recommend the enactment
of the amendment, as proposed or as altered, or shall disapprove the
matter.
D. Effect of Decision. The disapproval of a matter initiated
by the Planning Commission shall be final. All other matters shall
be presented to the Council for final action as soon as a proper
record can be prepared and the matter conveniently placed upon the
Council agenda.
E. Council Action. The Council may enact into ordinance, in
accordance with its normal procedure, any text amendment to Title
17 presented to the Council for final action. The action of the
Council shall be final.
17.60.100 Enactment of Zone Changes. Except as provided in
Section 17.60.110, this section shall govern the procedure for the
enactment of an ordinance changing property from one zone to another
or changing the boundary of any zone.
A. Initiation. Proceedings for such redistricting of property
may be initiated by Council action, Planning Cormmission action, or
by filing with the Planning Director an application signed by one or
more of the record owners of the parcel of property which is the sub-
ject of the application or an agent of the owner authorized in writing.
In the event more than one parcel of land is submitted for district
amendment, owners of parcels representing at least sixty percent of
the area involved must sign the application. The names of all record
owners of all land involved must be stated.
10.
B. Preliminary Determination. Within ten days after initiation
of a zone change, the Planning Director shall determine whether the
amendment is consistent with the adopted general plan and applicable
specific plan.
C. Inability to Find Consistency. If the Planning Director is
unable to find such consistency, he shall so determine in writing
and, in the case of proceedings initiated by application, he shall
give notice of his determination by mailing such notice, through the
United States mail to the applicant and to any person designated in
the application to receive notice. Proceedings shall be terminated
without prejudice to the right to file a subsequent application.
Upon such termination, one hundred fifty dollars ($150) of the fee
shall be returned to the applicant.
D. Determination of Consistency--Notice of Hearing. If the
Planning Director is able to find such consistency, he shall so deter-
mine in writing and 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, the nature of the request and of the
determination of consistency, in the following manner:
(a) By publishing once in a newspaper of general circula-
tion in the City.
(b) 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 latest equalized County assessment roll.
17.60.110 Zone Changes--Procedure. This section shall govern
the procedure for the enactment of an ordinance changing property
from one zone to another or changing the boundary of any zone.
A. A public hearing shall be held and conducted by the Planning
Commission in accordance with Article 11 of its Rules and Regulations,
notice of which shall be given as stated in subsection D of Section
17.60.100.
11.
B. The Planning Commission shall either approve and recommend
the enactment of the proposed amendment, disapprove it, or recommend
an alternative zoning district more restrictive than that proposed.
The recommendation of such alternative zoning district shall consti-
tute a disapproval of the district amendment originally proposed.
C. The disapproval of a matter initiated by the Planning Com-
mission itself shall be final, and not subject to appeal; provided,
however, that in pre-zoning and zoning upon annexation, the owners
of property shall be deemed to have initiated the matter.
D. All approvals and recommendations of zone changes by the
Planning Commission and all disapprovals of such zone changes (except
those initiated 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 17.60.120.
17.60.120 Appeal. The rules set forth in this section shall
govern appeals from the action of the Planning Commission.
A. Filing. Within ten 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
or disapproval, and specific reasons why the appellant believes the
decision of the Planning Commission should not be upheld. No fee
shall be charged appellant for such appeal.
B. Notice of Hearing. Notice of an appeal shall be given by
mailing, through the United States mail:
(1) To every person whose name and address appears on the
latest equalized County assessment roll as the owner of any property
within three hundred feet of the exterior boundaries of the territory
covered by the proceedings.
12.
(2) To every person filing with the Planning Director a
written request for notice with respect to the proceeding.
(3) To the appellant and to any person designated in the
appeal to receive such notice.
C. Public Hearing on Appeal. The City Clerk shall set the date
for hearing the appeal. The public hearing before the City Council
shall be held at the place for which set and noticed, commencing
time indicated, or as soon thereafter as the matter can be
at the
heard.
D.
Council Action on Appeal. On appeal following a public
hearing, the Council may enact into ordinance the zoning amendment
giving rise to the appeal or any alternative zoning district more
restrictive than that proposed. The decision to adopt an ordinance
or not to adopt an ordinance shall be final and conclusive.
17.60.130 Council Action: Planning Cormnission Decision Not
Appealed.
A. When no appeal is filed in accordance with Section 17.60.120
of this chapter the City Council may enact into ordinance, any zone
changes as approved and recommended by the Planning Commission or any
district more restrictive than that proposed, in accordance with its
normal procedure as in the case of any other ordinance of the City,
or may disapprove the matter. The City Council may also enact into
ordinance, in accordance with such normal procedure, any matter dis-
approved by the Planning Commission, except for such matters initiated
and disapproved by the Commission. Such action by the City Council
shall be final and conclusive.
B. No Permit to be Issued. No permit or license shall be
issued for any use involved in an application for a change of zone
until the same shall have become final on the effective date of an
ordinance.
C. Reapplication. Where an application for a zone change has
been finally determined by the City Council, no reapplication or new
application for the same zone change shall be considered or heard by
the Planning Commission or City Council for a period of one year.
13.
However, where a change has occurred which, in the sound discretion
of the City Council or the Planning Commission, indicates that a new
hearing should be had on an application for a zone change and where
a showing has been made to the City Council or the Planning Commission
that the public interest would best be served by reconsideration or
new consideration, the prohibition of this subsection may be waived
after a finding by the body petitioned that the public interest would
best be served by a reconsideration or a new hearing.
17.60.140 Compliance With Environmental Law. Nothing in the
provisions of this chapter shall be so construed as to relieve the
City from complying with all provisions of the California Environmen-
tal Quality Act, the State EIR Guidelines and Resolution No. 24-77
of the Council of the City of Bakersfield, and specifically with
Paragraph VII of said Resolution concerning provisions for public
review and comment on negative declarations and with Paragraph X
thereof, concerning the EIR process.
SECTION 2.
This ordinance shall become effective thirty days from and
after the date of its passage.
.......... o0o ..........
14.
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 the 9th day of November , 1977, by
the following vote:
/
CITY~LERK and Ex~ff~clo Clerk of
CounCil of the City of Bakersfield
the
APPROVED this 9thday of November , 1977
~ro~ os ~r.e City of Bakersfield
APPROVED as to form:
CI ATTORNEY o£ the Ci of Bakersfield
Aff av of ios ng (Orh uanres
STATE OF CALIFORNIA, ~
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 oa ...................................;~.OY.CL~.C.r.....L.4. ...........................................,19 ._.7_7. 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~.~.Y.~.~.I~_~..T.....~ .................................., 19._~ff...., which ordinance
was numbered .......... 2.3S.J. New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING CHAPTER 17.60 OF THE
MUNICIPAL CODE OF THE CITY OF BAKERSFIELD
CONCERNING MODIFICATIONS, CONDITIONAL USE
PERMITS, TEXT AMENDMENTS AND ZONE CHANGES.
C~'y C~/rk
Subscribed and sworn to before me this