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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. gAKF9 S:\COUNCIL\Ords\08-09 Ords117.64.060CondUsePermits.doc ~~ cP~ -- Page 1 of 3 Pages -- ~ o U ORIGINAL 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. --00000-- S:\COUNCIL\Ords\08-09 OrdsN 7.64.O60CondUsePermits.doc -- Page 2 of 3 Pages -- o~~PK~9~-c~ ~-- U d ORIGINAL 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: ,~ / / ,~°~ ( 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 U By: CHRISTINE K. IM Associate City Attorney CKl:lsc S:\COUNCIL\Ords\08-09 Ords\17.64.060CondUsePermits.doc ~PKF p~ 9`S'-c~ -- Page 3 of 3 Pages -- ~ o ORIGINAL 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 S:\DOCUMENT\FORMSWOP.ORD.wpd ~gAKF9 o sT ~- m f- r U 0 ORIGINAL