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.