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HomeMy WebLinkAbout17.64 Mods, CUPs, ZCs, AppealsBakersfield Municipal Code - Title 17, Zoning Ordinance MODs, CUPs, Amendments, Appeals November, 2012 Chapter 17.64, Page 1 Chapter 17.64 MODIFICATIONS, CONDITIONAL USE PERMITS, AMENDMENTS AND APPEALS Sections: 17.64.010 Scope 17.64.020 Authority of Board of Zoning Adjustment 17.64.030 Authority of Planning Commission 17.64.040 Initiation 17.64.042 Fees 17.64.050 Hearings - Notices 17.64.060 Modifications and conditional use permits - Hearing - Decision and findings 17.64.070 Zone changes - Hearing - Decision 17.64.080 Title 17 text amendments - Hearing - Decision 17.64.090 Appeals - Modifications, conditional use permits and zone changes 17.64.100 Zone changes - Council action when Planning Commission decision not appealed 17.64.110 Conditions for reapplication Bakersfield Municipal Code - Title 17, Zoning Ordinance MODs, CUPs, Amendments, Appeals November, 2012 Chapter 17.64, Page 2 17.64.010 SCOPE. The regulations set forth in this chapter shall apply to modifications, conditional use permits, the enactment of text amendments to Title 17 and zone changes (amendments changing property from one zone to another or changing the boundary of any zone). 17.64.020 AUTHORITY OF BOARD OF ZONING ADJUSTMENT. The Board of Zoning Adjustment shall have authority to grant, subject to appeal to the City Council under the provisions of this title, the following: A. Modification or waiver of: 1. Automobile parking space or loading requirements on private property; and 2. The height, yard and lot area regulations 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 typical subdivision development; and 3. Fence, wall and hedge regulations as may be necessary to secure an appropriate improvement on a lot; and B. Conditional use permits permitting any use in any zone in which that use is not permitted by this title, subject to the findings set forth in Section 17.64.060(C). 17.64.030 AUTHORITY OF PLANNING COMMISSION. The Planning Commission, as the advisory agency, shall have the sole authority to grant modifications of minimum lot size standards on a lot or lots within a subdivision in the course of approval or conditional approval of any tentative map. The hearing on any such modification shall be consolidated with the hearing on the tentative map, shall be noticed with the notice of hearing on such map, and the Commission shall not approve such modification unless it makes the findings specified in Section 16.28.170(O). Appeal of the Commission decision on such modification shall be governed by the provisions of Chapter 16.52. Bakersfield Municipal Code - Title 17, Zoning Ordinance MODs, CUPs, Amendments, Appeals November, 2012 Chapter 17.64, Page 3 17.64.040 INITIATION. A. Applications for modifications and conditional use permits shall be filed with the Planning Director or his or her designee on forms provided by the Planning Director. B. Proceedings for redistricting of property may be initiated by the City Council, Planning Commission, Planning Director or by filing with the Planning Director an application signed by one or more of the record owners of the parcel of property which is the subject of the application or an agent of the owner authorized in writing. In the event that an application by owners involving more than one parcel of land is submitted for district amendment or adoption, owners of parcels representing at least 60% of the area involved must sign the application. The names of all record owners of all land involved must be stated on the application. C. Proceedings for amendment of any provisions of Title 17 of this code, other than amendments changing property from one zone to another, may be initiated by City Council action, Planning Commission action or action of the City staff. 17.64.042 FEES. The City Council shall by resolution set fees for application for modifications, conditional use permits, changes of zones and for appeals from any order, requirement, decision or determination of the Board of Zoning Adjustment. Such fees shall be in amounts necessary and appropriate to reimburse the City for all costs related to the processing of and acting upon each such application or appeal. No application or appeal shall be deemed complete until the prescribed fee has been received by the City. 17.64.050 HEARINGS - NOTICES. A. Upon the receipt in proper form of a complete application for a modification, conditional use permit, or zone change, along with the fee adopted pursuant to Section 3.70.040, the Planning Director shall fix a time and place of public hearing thereon in the following manner: B. Not less than 10 days before the date of such public hearing, notice of the date, time and place of hearing, along with the location of the property and the nature of the request shall be given in the following manner: Bakersfield Municipal Code - Title 17, Zoning Ordinance MODs, CUPs, Amendments, Appeals November, 2012 Chapter 17.64, Page 4 1. Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to the owner of the subject real property of the owners duly authorized agent, and to the project applicant. 2. Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to each local agency (if not the city) expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected. 3. Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of real property that is the subject of the hearing. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph or subsection (B)(1) is greater than 1,000, in-lieu of mailed or delivered notice, notice may be provided by placing a display advertisement of at least 1/8th page in at least one newspaper of general circulation within the city at least 10 days prior to the hearing. Notice of hearing upon each application for a conditional use permit to allow drilling for and production of petroleum pursuant to Chapter 15.66 shall be mailed to such owners of all property within 1,000 feet of the property line containing the well site and to the mineral owners as shown on the latest equalized assessment roll of real property that is the subject of the hearing, and the production operator of record of subject real property as shown in the State of California Department of Conservation, Division of Oil, Gas and Geothermal Resources (herein D.O.G.G.R.) records as of 30 days of the date of application of the conditional use permit. The applicant shall be responsible for obtaining the operator's name and address from D.O.G.G.R and submitting such documentation from the division with the application for a conditional use permit. 4. Notice shall be published in at least one newspaper of general circulation within the city at least 10 days prior to the hearing. 5. Notice shall be mailed to every person filing with the Planning Director a written request for notice. 6. In addition, not less than 20 days but not more than 60 days prior to the hearing on any general plan amendment, specific plan, or zone change, the applicant shall post signs on the property indicating the date, time, and place of the hearing on the proposed general plan amendment, specific plan, or zone change. Bakersfield Municipal Code - Title 17, Zoning Ordinance MODs, CUPs, Amendments, Appeals November, 2012 Chapter 17.64, Page 5 a. One sign shall be posted for every 300 feet of street frontage, or portion thereof, with a maximum of 2 signs per street frontage. If no portion of the property fronts an existing public street, at least 1 sign shall be posted on the property nearest the point of legal access from a public street or as otherwise directed by the Planning Director. b. The size of the sign shall be 8 feet wide by 4 feet high. Lettering style, formatting, mounting, and materials to be used shall be as set forth in the Administrative Policy Manual approved by the Community Development Director. c. The applicant shall file with the Planning Department, on a form provided by the city, photograph(s) of the posted sign(s) and a declaration, signed under penalty of perjury, that the property has been posted according to the requirements of this section. d. If the applicant fails to post the signs within the specified time, and if the photographs and declaration are not filed with the Planning Department within 5 days of the signs being posted, the public hearing may be postponed until the signs are posted and proof of posting has been submitted. e. The applicant shall remove all signs posted pursuant to this section within 10 days after final City Council action on the general plan amendment, specific plan, or zone change. Should the applicant withdraw their application for a general plan amendment, specific plan, or zone change, all signs posted shall be removed within 10 days of the withdrawing of the application. f. Should the applicant fail to remove any sign within the specified time, the City may remove any such sign and the costs thereof shall be borne by the applicant. C. When proceedings are initiated for the amendment of any provision of Title 17, other than amendments changing property from one zone to another, or changing the boundary of any zone, a public hearing shall be held. Notice of such hearing shall be given once by publication in a newspaper of general circulation in the city, which notice shall state the time, date and place of such hearing and a general description of the nature of the proposed text amendment. Bakersfield Municipal Code - Title 17, Zoning Ordinance MODs, CUPs, Amendments, Appeals November, 2012 Chapter 17.64, Page 6 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. 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. Bakersfield Municipal Code - Title 17, Zoning Ordinance MODs, CUPs, Amendments, Appeals November, 2012 Chapter 17.64, Page 7 E. Exercise of Rights. The exercise of rights granted by a modification or conditional use permit shall be commenced within 2 years after the date of the final decision. F. Termination of Rights. The modification or conditional use permit shall terminate, and all rights granted therein shall lapse, and the property affected thereby shall be subject to all of the provisions and regulations of Title 17 applicable to the zone in which such property is classified, when any of the following occur: 1. There is a failure to commence the exercise of rights as required by subsection E of this section, or within any duly granted extension; 2. There is a discontinuance for a continuous period of 1 year of the exercise of the rights granted. G. Extension of Time. Any time limit contained in this chapter or in any decision, for permit or modification for a period which shall not exceed 1 year. 1. The property owner may request an extension of the time limit by written application to the Planning Director or his or her designee. Such application shall be filed before the expiration date of the conditional use permit or modification. The application shall provide reasons for extension of the permit or modification. 2. Upon the receipt in proper form of an application for an extension, along with the fee adopted pursuant to Section 3.70.040, the Planning Director shall fix a time and place of public hearing thereon. The hearing shall be noticed as set forth in subsection B of Section 17.64.050. 3. Following the public hearing, the hearing body shall approve, conditionally approve or deny extension of the conditional use permit or modification. H. Revocation of Rights. The Board of Zoning Adjustment may revoke the rights granted by such modification or conditional use permit and the property affected thereby shall be subject to all of the provisions and regulations of Title 17 of this code applicable as of the effective date of revocation. Such revocation shall be for good cause, including, but not limited to, the failure to comply with conditions or complete construction as required by subsection F of this section, the failure to comply with any condition contained in the modification or conditional use permit, or the violation by the owner or tenant of any provision of the municipal code pertaining to the premises for which such modification or condition use permit was granted. Bakersfield Municipal Code - Title 17, Zoning Ordinance MODs, CUPs, Amendments, Appeals November, 2012 Chapter 17.64, Page 8 1. Notice of the intent to revoke shall be given, together with the reasons therefor, either by personal delivery to the occupant of such premises, to the owner of such premises, to any person indicated in the permit as being entitled to exercise the permit, or by deposit in the United States mail, postage prepaid, addressed to such person(s) at his last known business or residence address as the same appears in the records of the modification or conditional use permit. Service by mail shall be deemed to have been completed at the time of deposit in the post office, or any United States mailbox. 2. The decision of the Board of Zoning Adjustment shall be final, subject to appeal to the City Council within 10 days after notice. 3. When a proper appeal has been filed, public hearing upon the matter shall be set before the City Council within 30 days after the appeal is filed. 4. Not less than 10 days before the date of such public hearing, notice of the time and place of the hearing before the body shall be given as set forth in subsection B of Section 17.64.050. 5. On appeal, the City Council may affirm the revocation, overturn the revocation or modify the order of revocation. 6. The decision of the City Council shall be final and conclusive. I. Date of Issuance. No permit or license for any use involved in an application for a modification or conditional use permit shall be issued until same has become final by reason of the failure of any person to appeal or by reason of the action of the City Council. 17.64.070 ZONE CHANGES - HEARING - DECISION. A. A public hearing shall be held and conducted by the Planning Commission or City Council, notice of which shall be given as set forth in subsection B of Section 17.64.050. B. The Planning Commission or City Council shall either approve and recommend the enactment of the proposed amendment, disapprove it or recommend an alternative zoning district more restrictive than that proposed. Bakersfield Municipal Code - Title 17, Zoning Ordinance MODs, CUPs, Amendments, Appeals November, 2012 Chapter 17.64, Page 9 C. If any proposed zoning is disapproved by the Planning Commission and no appeal is filed, such action by the Planning Commission shall be final and conclusive. The disapproval of a matter initiated by the Planning Commission itself shall be final, and not subject to appeal. D. All approvals and recommendations of zone changes by the Planning Commission shall be presented to the City Council for final action following public hearing by the Planning Commission. Matters so presented to the City Council for final action shall not require a noticed public hearing before the City Council except as required by Section 17.64.100 or unless an appeal is filed pursuant to Section 17.64.090. 17.64.080 TITLE 17 TEXT AMENDMENTS - HEARING - DECISION. A. A public hearing shall be held and conducted by the Planning Commission or City Council, notice of which shall be given as set forth in subsection C of Section 17.64.050. B. The Planning Commission or City Council shall either approve and recommend the enactment of the amendment as proposed or as altered, or shall disapprove the amendment. C. The disapproval of a matter initiated by the Planning Commission shall be final. All other matters shall be presented to the council for final action as soon as a proper record can be prepared and the matter conveniently placed upon the Council agenda. D. The Council may enact into ordinance, in accordance with its normal procedure, any text amendment to Title 17 presented to the council for final action. The action of the Council shall be final. 17.64.090 APPEALS - MODIFICATIONS, CONDITIONAL USE PERMITS AND ZONE CHANGES. A. The action of the Board of Zoning Adjustment or Planning Commission shall be final unless, within 10 calendar days after the decision, the applicant or any other person shall appeal therefrom in writing to the City Council by filing such appeal with the City Clerk. A decision of the City Council shall be final and conclusive. Bakersfield Municipal Code - Title 17, Zoning Ordinance MODs, CUPs, Amendments, Appeals November, 2012 Chapter 17.64, Page 10 B. The appeal shall include the appellant’s interest in or relationship to the subject property, the decision or action appealed, and specific reasons why the appellant believes the decision or action from which the appeal is taken should not be upheld. C. The City Clerk shall set the date for hearing the appeal. Notice of the appeal hearing shall be given as set forth in Section 17.64.050. D. For modifications and conditional use permits, on appeal following the hearing, the City Council may grant, grant in modified form, or deny the requested modification or conditional use permit. The decision of the Council shall be final and conclusive. E. For zone changes, on appeal following a public hearing, the council may enact into ordinance the zoning amendment giving rise to the appeal or any alternative zoning district more restrictive than that proposed, may affirm any conditional approval and recommendation of the Planning Commission and, or may decide against adoption of the proposed zoning ordinance amendment. The decision of the Council shall be final and conclusive. 17.64.100 ZONE CHANGES - COUNCIL ACTION WHEN PLANNING COMMISSION DECISION NOT APPEALED. A. When no appeal is filed in accordance with Section 17.64.090, the City Council may enact into ordinance any zone changes as approved and recommended by the Planning Commission in accordance with its normal procedure as in the case of any other ordinance of the City. B. If the Council decides to disapprove the recommended zone change, approve a district more restrictive than that recommended, or change any of the conditions recommended by the Planning Commission, the City Council shall set the matter for a noticed public hearing at the next available regular meeting for which notice, as required in Section 17.64.050, may be published, posted and mailed. C. At the public hearing, the City Council may approve the zone change as recommended by the Planning Commission, disapprove the zone change, approve a district more restrictive than that recommended or change any of the recommended conditions. D. No permit or license shall be issued for any use involved in an application for a change of zone until the same has become final on the effective date of an ordinance. Bakersfield Municipal Code - Title 17, Zoning Ordinance MODs, CUPs, Amendments, Appeals November, 2012 Chapter 17.64, Page 11 17.64.110 CONDITIONS FOR REAPPLICATION. Where an application for a zone change, conditional use permit or modification has been finally determined by the City Council, Planning Commission or Board of Zoning Adjustment, no reapplication or new application for the same zone change, conditional use permit or modification shall be considered or heard by the Planning Commission, City Council or Board of Zoning Adjustment for a period of 1 year. However, where a change has occurred which, in the sound discretion of the City Council, Planning Commission or Board of Zoning Adjustment (whichever previously made the final determination) indicates that a new hearing should be had on an application for a zone change and where a showing has been made that the public interest would best be served by reconsideration or new consideration, the prohibition of this subsection may be waived after a finding by the body petitioned that the public interest would best be served by a reconsideration of a new hearing.