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HomeMy WebLinkAboutORD NO 3608ORDINANCE NO. 3 6 0 8 AN ORDINANCE AMENDING SUBSECTIONS C, D, H, I, J AND 0.4. OF SECTION 16.28.170 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE MINIMUM LOT DESIGN STANDARDS AND REQUIRED FINDINGS FOR REDUCTION OF MINIMUM LOT SIZE. WHEREAS, the City of Bakersfield, filed an application requesting amendment to portions of Section 16.28.170 of Title 16 of the Municipal Code relating to minimum lot size standards and the findings required to reduce minimum standards; and WHEREAS, by Resolution No. 19-94 on May 5, 1994, the Planning Commission recommended approval and adoption of said amendments; and WHEREAS, said Planning Commission recommendation including changes to 16.28.170 0.3. was referred to the Urban Development Committee of the City Council; and WHEREAS, the Urban Development Committee recommended that said ordinance changes be made with the exception that no change be made to Section 16.20.170 0.3 at this time, as the Planning Commission is investigating this section of the ordinance further; and WHEREAS, this Council has fully considered the recommendation made by the Planning Commission and Urban Development Committee as set forth in that resolution; and WHEREAS, it was determined that the proposed project was categorically exempt from CEQA pursuant to Section 15300.4 as identified in the City's CEQA Implementation Procedures, Resolution No. 212-92; and WHEREAS, the law and regulations relating to CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, Planning Commission and this Council; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given. 2. The proposed project is Categorically Exempt from CEQA, pursuant to Section IV.B.3.d of Bakersfield City Council Resolution No. 212-92. of the city. The proposed amendment is necessary for the orderly development r- ORIGINAL 4. The proposed amendment is consistent with the objectives, goals and policies of the Metropolitan Bakersfield 2010 General Plan. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. All of the foregoing recitals are hereby found to be true and correct. 2. Subsections C, D, H, I, J and 0.4 of Section 16.28.170 of the Bakersfield Municipal Code are hereby amended to read as follows: 16.28.170 Design Standards. C. Lot Depth. The lot depth is the length of a line that bisects a lot from a point on the front property line measured half way between the side property lines to a point on the rear of the property. The minimum depth for residential lots shall be 100 feet except as follows: 1. The minimum depth for a lot with a rear yard abutting agricultural or residential suburban zoned property shall be 140 feet. 2. The minimum depth for a lot with a rear yard abutting a freeway or railroad right-of-way shall be 120 feet. D.. Lot Width. The lot width is the length of a line between side property lines that is the perpendicular bisect of the lot depth. The minimum width for residential lots shall be fifty-five feet on interior lots and 60 feet on corner lots, except as follows: 1. The minimum width for a lot with a side yard abutting agricultural or residential suburban zoned property shall be 100 feet. 2. The minimum width for a lot with a side yard abutting a freeway or railroad right-of-way shall be 85 feet on interior lots and 90 feet on corner lots. H. Double Frontage Lots. Double frontage lots having a depth less than two hundred feet will not be approved except where, as determined by the advisory agency, conditions permit no other reasonable form of platting, or where the proposed double frontage lots abut a major street and the advisory agency deems it to be reasonable due to such controlling factors as traffic, safety, appearance and setback. Each such lot shall have a six-foot high masonry wall (the height shall be measured from whichever side of the wall the adjacent finished grade is higher) with landscaping (on the exterior side) installed by the subdivider adjacent to the rear property line or, where the wall and landscaping are to be maintained by a homeowner's association or maintenance district installed within the street right-of-way and additional landscape easement or adjacent ORIGINAL common lot. Alternate wall and landscape concepts may be approved in areas where, in the opinion of the advisory agency, topographic or other physical conditions make strict adherence to this criteria undesirable. Conceptual wall and landscaping plans shall be reviewed and approved by the advisory agency prior to filing of any final tract or final parcel map. I. Walls along side yards adjacent to collector or arterial streets. Where it is found to be necessary for orderly development, residential lots having side yards adjacent to collector or arterial streets shall be required to install a six-foot high masonry wall (the height shall be measured from whichever side of the wall the adjacent finished grade is higher) with landscaping (on the exterior side) installed by the subdivider adjacent to the side property line or, where the wall and landscaping are to be maintained by a homeowner's association or maintenance district, installed within the street right-of-way and additional landscape easement or adjacent common lot. Conceptual wall and landscape plans shall be reviewed and approved in accordance with adopted resolutions prior to filing of any final tract or final parcel map. J. Landscape walls exceeding four feet within front yard setback. The Planning Director, in accordance with adopted resolutions, or the advisory agency may permit walls exceeding four feet in height within the front yard setback area of a residential lot when approved as part of a conceptual wall and landscape plan approved in conjunction with a subdivision. 0.4. A reduction in lot width, depth and frontage in a subdivision may be permitted by the advisory agency if it makes the following findings: a. The minimum lot area is 6,000 square feet. b. The reduction in the minimum lot width/depth/frontage is for a minimum of 80 percent of the lots in a tract or all the lots in a phase of the tract. c. The applicant has demonstrated that the development will not require a modification for the reduction of the required front, rear, or side yard setbacks on any lot within the subdivision. SECTION 2. This ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ......... o00 ......... ORIGINAL I 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 $111~ 1[ 8 1~ , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED $£P MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN ACTING CITY ATTORNEY of the City of Bakersfield '~'ra~ Marino, Assistant City Attorney BY: l,au ML:pjt September 15, 1994 res\o1628170.cc 4 ORIGINAL Minutes, PC, 5/5/94 4. PUBLIC HEARINGS - ORDINANCE AMENDMENTS Page 2 AMENDMENT TO SECTION 17.08.180 OF THE BAKERSFIELD MUNICIPAL CODE PERTAINING TO EXCLUDING SUBDIVISION AND NOISE ATTENUATION WALLS IN EXCESS OF 4 FEET HIGH FROM THE ZONE MODIFICATION REOUIREMENT AMENDMENT TO SECTIONS 16.16.010 AND 17.64.035 OF THE BAKERSFIELD MUNICIPAL CODE PERTAINING TO PROCEDURES FOR FILING TENTATIVE MAPS AND MODIFICATIONS OF MINIMUM LOT SIZE STANDARDS IN CONJUNCTION WITH A TENTATIVE MAP, AND FILING OF APPEALS OF SAID MAPS AMENDMENT TO SECTIONS 16.28.170 C, D & H OF THE BAKERSFIELD MUNICIPAL CODE PERTAINING TO MINIMUM SIZE FOR LOT DEPTH, WIDTH, AND DOUBLE FRONTAGE LOTS ,, AMENDMENT TO SECTIONS 16.28.170 I AND J OF THE BAKERSFIELD MUNICIPAL CODE PERTAINING TO PROCEDURES FOR APPROVING WALL AND LANDSCAPE PLANS. AMENDMENT TO SECTION 16.28.170.O OF THE BAKERSFIELD MUNICIPAL CODE PERTAINING TO REOUIRED FINDINGS FOR APPROVAL OF MODIFICATIONS OF LOT STANDARDS IN CONJUNCTION WITH SUBDIVISION APPROVAL AND REQUIRING RECREATIONAL OPEN SPACE/FACILITIES WITH SUBSTANDARD LOT SIZE SUBDIVISIONS. Staff reports recommending approval were given. Public portion of the hearing was opened. Barbara Don Carlos represented the Building Industry Association. She asked if this were the opportunity to make comment about other sections of the ordinance. Ms. Marino said it would not be appropriate to discuss items which are not on the agenda. They could be commented on during the public statements portion of the agenda. Ms. Don Carlos referenced Exhibit "A" specifically the depth and width of lots being a certain criteria when abutting agricultural uses. She asked for clarification and asked that this mean literally abutting rather than a street separating residential from the agricultural zone. Mr. Hardisty said it is based on a common property line arrangement. Regarding paragraph H concerning double ORIGINAL Minutes, PC, 5/5/94 Page 3 frontage lots, she suggested if the width is being changed perhaps a more exacting description could be given to qualify the lots which may technically be considered double frontage. She gave an example of a lot abutting a collector and having a masonry wall. She asked that language be added as follows: "The lots which include a waiver of vehicle access at one side shall not be deemed to be double frontage lots." Mr. Hardisty said this is already covered in the ordinance. Regarding Page 3 of Exhibit "A" the changes relating to paragraph 3 as referring to property zoned multi-family in which an element of public benefit is necessary to justify the reduction in lot area standards in the form of recreational open space or facilities unique to the project, she said it was her understanding that in requiring amenities of single family developed in a multi-family zone that it be consistent with the requirement of R-1 development with reduced lot sizes. The restriction is that only recreational facilities can be provided as an amenity, however in an R-1 zone with reduced lot sizes several options exist such as park land or in-lieu fees, requirement for 80 percent of the median sales price and other criteria. This does not accomplish uniformity. She suggested there should be another category that would address recreational opportunities in the proximity of the project. Commissioner Hersh asked for example from Ms. Don Carlos in which a recreational amenity could not be provided within the project boundaries. She said if a parcel is only 15 acres and a park is required within this site it would not pencil out. She felt perhaps some criteria to allow this would be an option. She asked that the Commission revisit criteria such as Item D which requires 80 percent substandard lots within the subdivision. Public portion of the hearing was closed. Commissioner Messner said there are 3 criteria that the Commission considers for single family housing such as recreational open space facilities, park land dedication and in-lieu fees which would take care of the fear expressed by Ms. Don Carlos regarding some sites not being able to provide an on-site facility. He asked if any consideration was given to adding these items to Section 3. Mr. Hardisty said the criteria in F could be used, however the Commission must be careful to tie the amenity to the project. ORIGINAL Minutes, PC, 5/5/94 Page 4 Commissioner Marino said a workshop was held on this issue in which minutes were prepared and he referenced handouts that the new commissioners did not receive. He said Commissioner Powers had asked that two ordinances be written one in which the open space amenity would be eliminated in the R-1 zone and one in which it would be added in the R-2. He did not feel there was a problem with the smaller lots, however felt there was a problem with the ordinance. He said he would be inclined to continue this ordinance to the June 2, 1994 meeting so that Item D could be added and staff could work on a clarification for Item H. He suggested this item be sent to committee to meet with the BIA to clarify unclear wording. Commissioner Brady said he was unclear about Item 16.16.O.3. saying he felt the small lot subdivision could be justified without an amenity by saying they are immediately adjacent to sufficient open space for the area. He was concerned that in this situation staff may reject it and the commission would not see it. Mr. Hardisty said staff would recommend approval of subdivisions in which amenities were previously provided in other developments to benefit the subject subdivision. He said approval would not be recommended in situations in which a developer is .trying to take advantage of a neighbor's generosity. Commissioner Hersh said the 80 percent rule bothered him and he would like to see something that would refine it. He felt staff would be amenable to allowing a developer of a small subdivision to contribute to an existing amenity within the area. He said he had a problem with large subdivisions with small lots and surrounding residential subdivisions all t~ying to use the same planned or existing amenity. He said he felt the ordinance was acceptable in general and leaves enough leeway for staff to make adjustments for special situations. Commissioner Delgado concurred with Commissioner Hersh's assessment regarding the basic need for an ordinance. He said he wanted to see the issue of compensation for the fact that the Commission is dealing with small lots to be addressed. The absence of open space in each yard should be addressed through alternative solutions. He stated his reluctance in seeing these amendments postponed further. He said he was not opposed to further review of the 80 percent rule in the future, however would like to see the Commission proceed with the adoption of these ordinances as they exist. Commissioner Messner stated his inclination to act as a commission on these ordinances and handle the 80 percent issue at a later time. Mr. Hardisty recommended that any motion regarding the 80 percent rule be handled separately from these proposed ordinance amendments. He pointed out a map which depicts subdivisions with substandard lots. Minutes, PC, 5/5/94 Page 5 Commissioner Brady was concerned the Commission is recommending passing an ordinance just to get something on the books. He felt the proposed ordinance should be broad enough to allow a developer to install a larger park at a site in the vicinity of a developing subdivision thus providing amenities for both. Responding to question by Commissioner Boyle, Mr. Hardisty said the language in paragraph 3 restricts the public benefit and is not meant to match the definition of paragraph 2.F. He felt if substandard lots are going to be allowed they should not be justified with a bigger than average park three blocks away. He suggested the wording be as follows: "Recreational open space connected or adjacent to the project and/or facilities unique to the project." C. ommissioner Hersh agreed with Commissioner Boyle's comments, asking if his proposed language would be appropriate. Mr. Hardisty said it could be added to Paragraph 3. Commissioner Marino said he did not vote for this ordinance at the previous heating on it. He agreed with Commissioner Brady's comment regarding the type and distance of amenity from a project. He felt the ordinance requires those of a lower economic status to provide more park land, which he did not feel was equitable or consistent with the general plan. He said he was agreeable to the wording proposed by Ms. Don Carlos for Item H. Motion was made by Commissioner Marino, seconded by Commissioner Brady to direct staff to bring back this entire ordinance at the May 30, and June 2, 1994 meetings, in the interim holding a meeting with a commission committee and Building Industry Association to develop wording which is clear and applied equitably. Responding to question by Mr. Hardisty, Commissioner Marino said he wanted consideration given to all items on Pages 1, 2, 3 and 4 of Exhibit "A," which includes the 80 percent rule. Motion failed by the following roll call vote: AYES: Commissioners Brady, Marino NOES: Commissioners Boyle, Delgado, Hersh, Messher ABSENT: Commissioner Andrew Chairman Messnet said it was his preference to handle this issue at this time. If the 80 percent situation is to be considered it could be handled at a future heating. ORIgINAl- Minutes, PC, 5/5/94 Page 6 Commissioner Delgado suggested that Item #0.3 read as follows: Further if the project site is zoned for multiple-family dwellings and a proposed development offers elements of public benefit within or adjacent to the project that justify the reduction in lot area standards in the form of recreational open space and/or facilities unique to the project, ... (the balance to read as in the staff report). Motion was made by Commissioner Delgado, seconded by Commissioner Hersh to make all findings set forth in the staff report, and to approve Proposed amendments to Sections 16.16.010, 16.28.170.C, 16.28.170.D, 16.28.170.H, 16.28.170.I, 16.28.170.J, 16.28.170.O, with Item #3 modified to read as follows: Further if the project site is zoned for multiple family dwellings and the proposed development offers elements of public benefit within or adjacent to the project that justify the reduction in lot area... (the balance of the condition to remain as it exists in the staff report). and 17.64.035, as shown on the Exhibit "A" attached to the staff report and recommend the same to City Council. Commissioner Marino asked Commissioner Delgado if he could define "acceptable amenity" for a project. Commissioner Delgado felt an acceptable amenity would be at the discretion of the Planning Commission upon the examination of each individual project, since less than 6,000 square foot lots are a discretionary item. Commissioner Marino felt this ordinance would not work and for this reason he would not support the motion. He stated his belief that excessive cost placed on affordable housing becomes a barrier to affordable housing and is not consistent with the Housing Element, therefore Finding #4 that this is consistent with the 2010 General Plan could not be made. Responding to question by Commissioner Brady, Commissioner Delgado said "adjacent to" would not include projects in which a street would separate amenity from housing. Commissioner Boyle did not know if the standards were specific, however felt planning is discretionary. ORIGINAL Minutes, PC, 5/5/94 Page 7 Motion carried by the following roll call vote: AYES: Commissioners Boyle, Delgado, Hersh, Messnet NOES: Commissioners Brady, Marino ABSENT: Commissioner Andrew Motion was made by Commissioner Hersh, seconded by Commissioner Marino to make findings set forth in staff report and approve the amendment to Section 17.08.180(B) as described in the staff report, and recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Boyle, Brady, Delgado, Hersh, Marino Messner ABSENT: Commissioner Andrew Chairman Messher said he would entertain a motion at this time to refer items concerning the ordinances to committee. Motion was made by Commissioner Boyle, seconded by Commissioner Hersh send this item to committee to reconsider the language to Paragraph 2.F. so that it adopts the same language that the recreation open space be within or adjacent to the project and consideration of Paragraph 2.D. as well. Chairman Messnet appointed Commissioners Hersh, Brady and Boyle to the committee. Motion carried. ~~.~.qHAFILE 5502 -- TIME SET FOR PUBLIC HEARING ON A REQUEST BY SKIP RDY TO AMEND THE ZONING BOUNDARIES FROM A C-1 N. EIGHBORHOOD COMMERCIAL) ZONE TO AN R-1 (ONE FAMILY DWFr. LLING) ZONE ON 23.77 +/- ACRES AND TO AN Rol-CH (ONE FAMIL-~WELLING-CHURCH) ZONE ON 2.5 +/- ACRES. CONTAINING A TOTAL O-~6.27 +/- ACRES FOR PROPERTY GENERALLY LOCATED EAST AND WES'"I~QF WIBLE ROAD. NORTH OF BERKSHIRE ROAD, AND SOUTH OF TH~?A, RVIN-EDISON CANAL (Continued from the regular meeting of April 21, 1994) ~"~was d~t Staff report recommending approval the last hearing, however Chairman Messnet said the public hearing was upon a request by Mr. Callagy he recognized him. ~.~ OR~GINAt. RESOLUTION NO. 19-94 RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING AMENDMENT OF TITLE SIXTEEN OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO MINIMUM LOT DESIGN STANDARDS AND REQUIRED FINDINGS FOR REDUCTION OF MINIMUM LOT SIZE. WHEREAS, the City of Bakersfield, filed an application requesting amendment to portions of Section 16.28.170 of the Municipal Code relating to minimum lot size standards and the findings required to reduces minimum standards; and VVl-IEREAS, the Planning Commission, through its Secretary, did set, MONDAY, MAY 2, 1994 and, THURSDAY, MAY 5, 1994, at the hour of 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before said Planning Commission on said application, and notice of the public hearing was given in the manner provided in Title Seventeen of the Bakersfield Municipal Code; and WHEREAS, for the above-described project, it was determined that the proposed project was categorically exempt from CEQA pursuant to Section 15300.4 as identified in the City's CEQA Implementation Procedures, Resolution No. 212-92; and WHEREAS, at said public hearing held May 5, 1994, said amendment was duly heard and considered, and the Planning Commission found as follows: 1. All required public notices have been given. 2. The proposed project is Categorically Exempt from CEQA, pursuant to Section IV.B.3.d of Bakersfield City Council Resolution No. 212-92. The proposed amendment is necessary for the orderly development of the city. 4. The proposed amendment is consistent with the objectives, goals and policies of the Metropolitan Bakersfield 2010 General Plan. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD as follows: 1. That the above recitals, incorporated herein, are true and correct. 2. The amendments to the Bakersfield Municipal Code as indicated in Exhibit "A" is hereby approved with a recommendation that the City Council adopt the Commission's findings and approve same. ORIGINAL On a motion by Commissioner Delgado and seconded by Commissioner Hersh, the Planning Commission approved the foregoing, and recommend same to the City Council by the following roll call vote: AYES: Commissioners Boyle, Delgado, Hersh, Messner NOES: Commissioners Brady, Marino ABSENT: Commissioner Andrew I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting thereof held on the 5th day of May, 1994. DATED: May 5, 1994 PLANNING COMMISSION THE CITY OF BAKERSFIELD JACK HARDISTY, Secretary Planning Director ML:pjt res\1628170.pc Septemher 15, 1994 3 EXHIBIT A 16.28.17{) C. Lot Depth. The minimum depth for residential lots shall be 100 feet. The lot depth is the length of a line that bisects a lot from a point on the front property line measured half way between the side property lines to a point on the rear of the property. The minimum depth for residential lots shall be 100 feet except as follows: 1. The minimum depth for a lot with a rear yard abutting agricultural or residential suburban zoned property shall be 140 feet. 2. The minimum depth for a lot with a rear yard abutting a freeway or railroad right-of- way shall be 120feet. D. Lot Width. The minimum width for residential lots shall be 55 feet on interior lots and 60 feet on corner lots. The lot width is the length of a line between side property lines that is the perpendicular bisect of the lot depth. The minimum width for residential lots shall be fifty- five feet on interior lots and 60 feet on comer lots, except as follows.' 1. The minimum width for a lot with a side yard abutting agricultural or residential suburban zoned property shall be 100 feet. The minimum wMth for a lot with a side yard abutting a freeway or railroad right-of- way shall be 85feet on interior lots and 90feet on comer lots. 11. Double Frontage Lots. Double frontage lots having a depth less than two hundred c .....feet will not be approved except where, as determined by the advisory agency, conditions permit no other reasonable form of platting, or where the proposed double frontage lots abut a major street and the advisory agency deems it to be reasonable due to such controlling factors as traffic, safety, appearance and setback. Each such lot shall have a six-foot high masonry wall (the height shall be measured from whichever side of the wall the adjacent finished grade is higher) with landscaping (on the exterior side) installed by the subdivider adjacent to the rear property line or, where the wall and landscaping are to be maintained by a homeowner's association or maintenance district installed within the street right-of-way and additional landscape easement or adjacent common lot. Alternate wall and landscape concepts may be approved in areas where, in the opinion of the advisory agency, topographic or other physical conditions make strict adherence to this criteria undesirable. Conceptual wall and landscaping plans shall be reviewed and approved by the advisory agency prior to filing of any final tract or final parcel map. 1. Walls along side yards adjacent to collector or arterial streets. Where it is found to be necessary for orderly development, residential lots having side yards adjacent to collector or arterial streets shall be required to install a six-foot high masonry wall (the height shall be measured from whichever side of the wall the adjacent finished grade is higher) with landscaping (on the exterior side) installed by the subdivider adjacent to the side property line or, where the wall and landscaping are to be maintained by a homeowner's association or maintenance district, installed within the street right-of-way and additional landscape easement or adjacent common lot. Conceptual wall and landscape plans shall be reviewed and approved in accordance with ~ %i0(~4,6, adopted resolutions by the advisory agerob, prior to filing of any final tract or final parcel map. ~ ~ O]:IIGI~!AL J. Landscape walls exceeding four feet within front yard setback. The Planning Director, in accordance with adopted resolutions, or the advisory agency may permit walls exceeding four feet in height within the front yard setback area of a residential lot when approved as part of a conceptual wall and landscape plan approved in conjunction with a subdivision. and if it makes the findings set forth in Section 17.6'1.070 C of the Municipal Code. O. Reduction of Minimum Standards. The advisory agency may permit a reduction in minimum standards including lot area, width, frontage and/or depth pursuant to the provisions in either Chapter 16.36, 17.52 or density bonus provisions of the Municipal Code. Reduction of minimum standards may also be allowed as follows: 1. The advisory agency may permit a five percent reduction of lot area, width, frontage and/or depth for not more than 5 percent of the lots in a subdivision if it makes Oa~ findings set forth in Section 17.6'1.070 C of the Municipal Code, along with the following ~,~-~" ~ findings a. The proposed subdivision is within the density range depicted for the property in the general plan. b. The proposed subdivision is consistent with the purposes and intent of the subdivision ordinance and zoning ordinance. c. The applicant has provided justification for the proposed reduction based on sound engineering practices and subdivision design features. 2. Additionally, the advisory agency may permit a reduction of lot area, width, frontage and/or depth in a subdivision if it makes the findings set forth in Section 17.6'1.070 C of the Municipal Code, along with the following ........... findings. a. The proposed subdivision is within the density range depicted for the property in the general plan. area. The subdivision is planned to provide a balanced housing stock within a defined c. The subdivision does not result in an unjustified concentration of substandard lots within a defined area. d. The reduction of the minimum lot area is for a minimum of 80 percent of the lots in a subdivision or all lots within a phase of the tract. e. The applicant has demonstrated that the development will not require a modification for the reduction of the required front, rear, or side-yard setbacks on any lot within the subdivision. f. The proposed development offers elements of public benefit that justify the reduction in lot area standards such as but not limited to one or more of the following: Recreational open space and/or facilities unique to the project. OAtGI,~!AL 5 ° Park land dedication or in-lieu fees at 3 acres per 1,000 population: Home prices at 80 percent of the area median sales price or less for new and resale homes in metropolitan Bakersfield. 3. Further, if the project site is zoned for multiple-family dwellings and the proposed developrnent offers elements of'public benefit that justify the reduction in lot area standards in the form of recreational open space and/or facilities unique to the project, the advisory agency may permit a reduction of lot area, width, frontage and/or depth in a subdivision if it makes the findings set forth in SecXion 17.64,070 C of the Municipal Code and makes findings of subsection O.2.a., d., and e. 4. A reduction in lot width, depth and frontage in a subdivision may be permitted by the advisory agency if it makes the findings set forth in Section 17.6~1.070 C of the Municipal Code, along with the following findings: a. The minimum lot area is 6,000 square feet. b. The reduction in the minimum lot width/depth/frontage is for a minimum of 80 percent of the lots in a tract or all the lots in a phase of the tract. c:. The applicant has demonstrated that the development will not require a modification for the reduction of the required front, rear, or side yard setbacks on any lot within the subdivision. ORIGI~IAI_ AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) CAROL WILLIAMS, 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 29th day of September, 1994 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3608, passed by the Bakersfield City Council at a meeting held on the 28th day of September, 1994, and entitled: AN ORDINANCE AMENDING SUBSECTIONS C, D, H, I, J AND 0.4. OF SECTION 16.28.170 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE MINIMUM LOT DESIGN STANDARDS AND REQUIRED FINDINGS FOR REDUCTION OF MINIMUM LOT SIZE /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield By: ~/~/L, ~ ~ r~~-- D~PUTY City