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HomeMy WebLinkAboutRES NO 32-50RESOLUTION OF INTENTION NO. S2-50 RESOLUTION OF INTENTION TO AMEND ORDINANCE NO. 501 NEW SERIES OF THE CITY OF BAKERSFIELD, CALIFORNIA. BE IT RESOLVED by the City Council of the City of Bakers- field that it is the intention of this Council, for the purpose of clarification, to amend Section 18 of Ordinance No. 501 New Series of the City of Bakersfield, to read as follows: "SECTION 18 .Amendment s. 1. (a) Any amendment to this ordinance, including an amendment to the "District Map" attached hereto and made a part hereof, may be initiated by filing of'a verified peti- tion directed to the Planning Commission by one or more owners of property affected by the proposed amendment, and the pay- ment of a fee of Twenty-five Dollars ($2~.00). Such petition shall contain a description of the property owned by petitioners, a statement of the nature of the proposed amendment together with the reasons therefor, and such other information as may be required by the Planning Commission. Such filing and payment shall be made with the Planning Engineer of the City of Bakersfield, or such other person as may be designated for that purpose by the ~lanning Commission. For the purpose of facilitating the handling of petitions for amendments to this ordinance, the Planning Commission shall have authority to require that such petitions be made on forms approved by it and made available to the public. (b) The City Council may initiate amendments hereto ~by resolution of intention, stating the nature of the proposed amendment and directing the Planning Commission to hold the hearing and made the report hereinafter provided. (c) The Planning Commission may initiate amend- ments hereto by resolution of intention, or by an order entered upon its minutes, stating the nature of the pro- posed amendment. (d) Upon receipt from an owner of property of a verified petition for amendment of this ordinance to change the boundaries of any district to include therein property not previously included in a district~ or to reclassify prop- erty from any district to another district, the Planning Commission may be resolution of intention or minute order specify other property adjacent to the property described in said petition which will be considered for such inclusion or reclassification at the same time as the property described in said petition. 2. Upon receipt of such verified petition or resolu- tion of intention of the 'City Council or upon the adoption of such resolution of intention or the making of such minute order by the Planni~ Commission, said Planning Commission shall set the matter for a public hearing. Notice of such public hearing shall be published once in the official news- paper not less than ten (IO) days before the date of such hearing. In case the proposed amendment consists of a change of the boundaries of an~ district so as to include therein property not previously included, or to reclassify property from any district to another district~ the Planning Commission shall give additional notice of the timer place and purpose of such hearing by (a) Posting notices thereof not more than ~00 feet apart along each and every street upon which property proposed to be included and/or reclassified abuts, for a dis- tance of not less than 300 feet from the exterior limits of such properties, said posting to be completed not less than ten (10) days before the date of said hearing, and by (b) Nailing postal card notices not less than ten (lO) days prior to the date of said hearing to the owners of all property within the posting area above defined, using for this purpose the last known names and addresses of such owners as shown on the last equalized assessment roll of the City. No imperfection or irregularity in said posting and/or mailing shall invalidate any proceedings for amendment of this ordinance. 3. Following the hearing the Planning Commission shall cause to be made and filed with the City Council a report of its findings and recommendations with respect to the proposed ame ndme nt. 4. Upon receipt of such report the City Council shall set the matter for public hearing. Notice of such hearing shall be published once in the official newspaper not less than ten (lO) days prior to the date of said hearing. After the conclusion of said hearing the City Council may, by ordi- nance, adopt the amendment or any part thereof set forth in the original petition, resolution of intention, or minute order in such form as the City Council may deem advisable. The decision of the City Council shall be rendered within thirty (30) days after the conclusion of said hearing. 5- Upon the consent of the Planning Commission any petition for amendment may be withdrawn upon ~ the written application of 'a majority of all persons who signed such petition. The City Council or the Planning Commission, as the case may be, may, by resolution, abandon any proceedings initiated of its own motion. 6. In all proceedings under this ordinance, whether under this section or any other section hereof, a majority of the members of the Planning Commission shall constitute a quorum for the transaction of business. All actions and recommendations of the Planning Commission shall require the affirmative vote of a majority of the membership present. All findings and reports made by the Planning Commission under this ordinance shall be authenti- cated by the signature of the Secretary of the Commission or of the City Planning Engineer. 7. The procedure set forth in this section shall govern the adoption of amendments to this ordinance and shall be exclusive of any and all rules, regulations and/or requirements contained in any other ordinance of the City of Bakersfield or any law of the State of California which, under its charter and the Constitution of this State, the City of Bakersfield is not required to follow in adopting amendments to this ordinance. 8. This section shall be liberally construed to promote its objects and purposes and no error, omission, irregularity or informality shall invalidate any proceedings taken here- under if public hearings have been held before the Planning Commission and City Council, and notices of such hearings have been published substantially as heroin provided. 9. All acts and proceedings heretofore taken by the City Council for the amendment of this ordinance including amendments to the "District Map" attached hereto and made a part hereof, are hereby confirmed, validated and declared legally effective, notwithstanding any error, omission, irregularity or informality therein, it being the inten- tion of this Council to hereby ratify and validate any amendment to this ordinance heretofore adopted or approved by the affirmative vote of a majority of the members of this Council, notwithstanding any such errors, defects or irregularities or shy failure to meet any procedural re- quirement which this Council originally could have omitted from this ordinance." BE iT FURTP~R RESOLVED that the Planning Commission of the City of Bakersfield be and the same is hereby directed and in- structed to hold one public hearing on the proposal to so amend Sec- tion 18 of Ordinance No. 1501 New Series of the City of Bakersfield, said hearing to be held on November 8, 1950, at 7:30 P.M., in the Council Chambers of the City Hall, Bakersfield, California, and to give notice of such public hearing by causing notice thereof to be published once in the official newspaper not less than ten (10) days prior to the date of such hearing. After the conclusion of said hearing, said Planning Commission shall make a report to this Council of its find- ings and recommendations with respect to said proposed amendment. .......... o0o .......... I HEREBY CERTIFY that the foregoing Resolution of Intention was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 18th day of September, 19~0, by the following vote: AYES: CARNAl(IS, CROSS, KUEHN, t'::OF, ELOCK,-SHURLEY, SIEMON, J~Etggt]ltt( WOES: ....~ ..................................... ,~,~= .....s:._~__,_,,..J_._:~_~j.J.~'. ......".Z.Z City Clerk and Ex-0fficio Clerk of t~ne Council of the City of Bakersfield. APPROVED this 18th day of September, 19~0, the ~ity o~Bakersfi~ld.