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HomeMy WebLinkAboutORD NO 3874ORDINANCE AN ORDINANCE ADDING AND AMENDING SECTIONS OF CHAPTERS 17.52 AND 17.54 OF TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE RELATED TO REVISIONS TO SITE PLANS FOR DEVELOPMENT PROJECTS IN PLANNED UNIT DEVELOPMENT (PUD) AND PLANNED COMMERCIAL DEVELOPMENT (PCD) ZONES. WHEREAS, the City Council, through its Secretary, did set, WEDNESDAY, NOVEMBER 4, 1998, at the hour of 7:00 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before said City Council on said ordinance, and notice of the public hearing was given in the manner provided in Title Seventeen of the Bakersfield Municipal Code; and WHEREAS, at said public hearing, the amendments were duly heard and considered by the City Council; and WHEREAS, the ordinance was found to be exempt from the provisions of CEQA and the law and regulations as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission; and WHEREAS, the Planning Commission, through its Secretary, did set, MONDAY, SEPTEMBER 14, 1998, and THURSDAY, SEPTEMBER 17, 1998, at the hour of 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before said Planning Commission on said ordinance, and notice of the public hearing was given in the manner provided in Title Seventeen of the Bakersfield Municipal Code; and WHEREAS, at said public hearing, the amendments were duly heard and considered and the Planning Commission recommended their adoption by to City Council. NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of Bakersfield as follows: 1. That the text additions and amendments to Title 17 of the Bakersfield Municipal Code are hereby approved as follows: SECTION I Section E is hereby added to 17.54.100 to read as follows: 17.54.100 Modifications to approved preliminary plan. E. In instances where the planning director determines a change not to be minor that has the potential to effect one or more design parameters, but does not change environmental mitigation, conditions of approval, reduce or eliminate amenities or substantially alter the application of existing ordinances and standards applied to the zone change approval, the plan may be scheduled for an advertised public hearing before the planning commission. A completed application and fee shall be required. The application and fee shall be the same as that for a site plan review hearing. The hearing shall constitute the review and approval of the final development plan as set forth in section 17.54.050 (B). SECTION 2 Section C is hereby added to 17.54.050 to read as follows: 17.54.050 Final develonment ~)lan. C. An approved final development site plan may be modified in the same manner and conditions as prescribed in section 17.54.100, E SECTION 3 Section E is hereby added to 17.52.110 to read as follows: 17.52.110 Modifications to aDDroved oreliminarv olan. E. In instances where the planning director determines a change not to be minor that has the potential to effect one or more design parameters, but does not change environmental mitigation, conditions of approval, reduce or eliminate amenities or substantially alter the application of existing ordinances and standards applied to the zone change approval, the plan may be scheduled for an advertised public hearing before the planning commission. A completed application and fee shall be required. The application and fee shall be the same as that for a site plan review hearing. The hearing shall constitute the review and approval of the final development plan as set forth in section 17.52.050 (B). SECTION 4 Section C is hereby added to 17.52.050 to read as follows: 17.52.050 Firlal develo~3ment ~)lan. C. An approved final development site plan may be modified in the same manner and conditions as prescribed in section 17.52.100, E 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 , by the following vote: 2 AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER C,~I~SON, DEMOND, COUNCILMEMBER ,,~0 A ~. COUNCILMEMBER ~/)/'z~ COUNCILMEMBER ^l ~,- SMITH, MCDERMOtt', ROWLES, SULLIVAN, SALVAGGIO APPROVED N0V BOB PRICE ' MAYOR of the City of Bakersfield CITY CLERK and Ex Officio ~/~erk of the Council of the City of Bakersfield APPROVED as to form: OFFICE OF THE CITY ATTORNEY ROBL~RT SHERF~Y CHIEF ASSISTANT CITY ATTORNEY res\opud-cc SG/pjt October 9, 1998 3 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) 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 Bakeinfield; and that on the 23r~ day of November ,1998 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. Bakersfield City Council at a meeting held on the 18th day of entitled: 3874 . passed by the November 1998 , and AN ORDINANCE ADDING AND AMENDING SECTIONS OF CHAPTERS 17.52 AND 17.54 OF TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE RELATED TO REVISIONS TO SITE PLANS FOR DEVELOPMENT PROJECTS IN PLANNED UNIT DEVELOPMENT (PUD) AND PLANNED COMMERCIAL DEVELOPMENT (PCD) ZONES. Is/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY City Clerk S:\DOCUMENT~AOPOSTING November 23, 1998