HomeMy WebLinkAboutORD NO 4557ORDINANCE NO. 4 5 5 7
ORDINANCE AMENDING SECTION 17.64.060
SUBSECTION E OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO MODIFICATIONS AND
CONDITIONAL USE PERMITS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 17.64.060 Subsection E of the Bakersfield Municipal Code is hereby
amended to read as follows:
17.64.060 Modifications and conditional use permits-Hearing-Decision and
findings.
A. Following the public hearing, the board of zoning adjustment, planning
commission or city council may grant, grant in modified form, conditionally grant or deny
the requested waiver or modification. Such decision shall be reflected in a formal
resolution containing the findings and the facts upon which the findings are based.
B. 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 the modification is necessary to permit an appropriate
improvement or improvements on a lot or lots, including but not limited to, modification
of such regulations for some or all lots within a subdivision to facilitate zero-lot-line or
other atypical subdivision development; and
3. The granting of the modification would not be inconsistent with the
purposes and intent of Title 17 of this code.
C. 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.
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D. Conditions. The issuance of any modification or conditional use permit
pursuant to this title may be granted subject to such conditions as may be deemed
appropriate or necessary to assure compliance 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 property may be required and
improvements of public streets shall be in accordance with standard specifications of
the city on file in the office of the city engineer.
E. Exercise of Rights. The exercise of rights granted by a modification or
conditional use permit shall be commenced within two years after the date of the final
decision.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and after
the date of its passage.
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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 JAN 1 4 2U~y ,
by the following vote:
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( AYES~• COUNCILMEMBER CARSON, BEN M, WEIR, COUCH, HANSON, SULLIVAN,
''1VQES: COUNCILMEMBER IK.OY~--
ABSTAIN: COUNCILMEMBER (A.(TtitiI1-
ABSENT: COUNCILMEMBER SUr' l \lY1PX
PAMELA A. McCARTHY, CMC
CITY CLERK and EX OFFICIO the
Council of the City of Bakersfield
APPROVED: JAN 1 4 1009
By:
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
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By:
CHRISTINE K. IM
Associate City Attorney
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
ss.
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 Bakersfield;
and that on the 15th day of January , 2009 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4556 ,passed
by the Bakersfield City Council at a meeting held on the 14th day of January, 2009
and entitled:
AN ORDINANCE AMENDING SECTIONS 15.66.030 AND 15.66.040 OF
THE MUNICIPAL CODE RELATING TO DRILLING FOR AND
PRODUCTION OF PETROLEUM.
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: ~~ , ~~o ~.-- ~
DEPUTY City Clerk
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