HomeMy WebLinkAboutORD NO 4818ORDINANCE NO. 4 81 8
ORDINANCE AMENDING SECTION 16.28.170, OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO LOTS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 16.28.170 of the Bakersfield Municipal Code is hereby amended to
read as follows:
16.28.170 Lots.
A. Lot Sizes. All residential lots shall have a minimum net area as
described in Title 17 of the Bakersfield Municipal Code.
B. Lot Frontage. All residential lots shall have a minimum street
frontage of fifty -five feet except as follows:
1. The minimum street frontage for an interior one - family dwelling lot
that is less than six thousand square feet in area shall be forty -five feet.
2. The minimum lot frontage for a corner lot shall be sixty feet except
for a one - family dwelling lot that is less than six thousand square feet in area
where it is fifty feet. For purposes of measuring frontage on a corner lot with a
radius return, the distance shall be measured from the point of intersection of
the extensions of the street side property line and the front property line.
3. Cul -de -Sac or Knuckle Lot. Thirty -five lineal feet as measured along
the arc.
4. Flag Lot. Twenty feet.
5. Drill Site Required Pursuant to Section 15.66.080(C): Three hundred
five feet.
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 halfway between the side property
lines to a point on the rear of the property. The minimum depth for residential lots
shall be one hundred feet, except as follows:
1. The minimum depth for a lot with a rear yard abutting agricultural or
residential suburban zoned property shall be one hundred forty feet.
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2. The minimum depth for a lot with a rear yard abutting a freeway or
railroad right -of -way shall be one hundred twenty feet.
3. The minimum depth for a one family dwelling lot in an R -2 zone shall
be ninety feet except as required in subsections (C) (1) and (2).
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 sixty 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 one hundred feet.
2. The minimum width for a lot with a side yard abutting a freeway or
railroad right -of -way shall be eighty -five feet on interior lots and ninety feet on
corner lots.
3. The minimum depth for a one - family dwelling lot that is less than six
thousand square feet in area shall be ninety feet except as required in
subsections (C) (1) and (2).
4. The minimum width for a drill site required pursuant to Section
15.66.080(C) shall be three hundred five feet, unless otherwise approved by the
planning commission in accordance with Section 16.28.170(0).
E. Flag Lots. Flag lots shall not be allowed except where there is no
other reasonable design alternative as determined by the planning commission.
A flag lot means a lot with two discernible portions; one is the flag portion
(building site) not fronting on or abutting a street and located behind another
lot; and the second is the pole portion which provides private access to and
from the flag portion of the lot and the abutting street. The minimum width of
the pole portion of the flag lot shall be twenty feet and have a maximum length
of one hundred twenty -five feet from the right -of -way line to the flag portion of
the lot. The pole portion of the flag lot shall not be included for the purpose of
computing minimum lot area, lot width, or lot depth. The flag portion of the lot
and the lot in front of the flag lot shall both meet minimum lot design standards
of this title, except as approved in accordance with subsection 0. Nonbuildable
easements shall be recorded over the pole portion of the flag lot, and define
building to property line setbacks on each flag lot as determined adequate by
the planning commission.
F. Lot Lines. The sidelines of all lots, so far as practicable, shall be at
right angles to the street which the lot faces, or radial or approximately radial if
the street is curved.
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G. Divided Lots. No lot shall be divided by a city boundary line, nor any
boundary line between registered (Torrens Title) and unregistered land, nor any
boundary line between parcels of registered land under separate ownership.
Each such boundary line shall be made a lot line.
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 street which functions as 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
homeowners 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.
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 homeowners 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 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.
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K. Lots Abutting Commercial Uses. Where it is found to be necessary
for orderly development, residential lots which share a common property line
with office, commercial or industrial zoning or land use designations shall be
separated by a masonry block wall along said property line a minimum of six
feet but not exceeding eight feet in height as measured from highest adjacent
finished grade. Timing of said wall installation to be determined by the advisory
agency.
L. Lots Abutting Park Sites, Drilling Islands, Oil Well Sites, and Canals.
Where it is found to be necessary for orderly development, any lot which shares
a common property line with a lot designed to serve as a park site, drilling island,
oil well site or canal shall be separated by a masonry block wall, along said
property line a minimum of six feet but not exceeding eight feet in height as
measured from highest adjacent finished grade. Timing of said wall installation
to be determined by the advisory agency.
M. Lot Numbers. Lot numbers shall begin with the numeral 1 and shall
continue consecutively through the tract, with no omissions or duplications, and
no block number shall be used. Letters shall be used to designate non - buildable
lots.
N. Lot Dimensions. Dimensions of all lot lines shall be shown. No ditto
marks shall be used on any final tract or final parcel map. All maps shall show
the area of each irregular (nonrectangular) lot.
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 five percent of the lots in
a subdivision if it makes 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 or subdivision design features.
2. A reduction in lot width, depth and frontage in a subdivision may
be permitted by the advisory agency if it makes the following findings:
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a. The minimum lot area complies with zoning.
b. 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.
C. The applicant has demonstrated that the reduction is required due
to physical constraints, the application of city engineering standards, and a lack
of design alternatives.
3. If the project site is zoned for multiple - family dwellings, the advisory
agency may permit a reduction of lot area for one - family dwellings (as provided
for in Section 17.14.070(B)) in a subdivision if it makes the following findings:
a. The proposed subdivision is within the density range depicted for
the property in the general plan.
b. The subdivision is planned to provide a balanced housing stock
within a defined area.
C. The subdivision does not result in an unjustified concentration of
substandard lots within a defined area.
d. 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.
e. The proposed development offers elements unique to the project
that justify the reduction in lot area standards such as, but not limited to, one or
more of the following:
i. Two percent of the gross acreage of subdivision is designed as
active recreational area.
Active recreational area as selected by the applicant shall include, but is
not limited to: court sports, field sports, pool areas, indoor recreational facilities,
tot lots, playground apparatus areas, and par course facilities. Also included are
trails with a paved surface separate from otherwise required improvements (i.e.,
roads, sidewalks, trails) which are interior or exterior to the subdivision and which
connect to public parks, multi -use trails or the Kern River adjacent to or within a
reasonable distance from the subdivision.
The active recreational area claimed as a unique element shall include
no more than twenty percent of its total area dedicated to passive uses
(excluding industry recommended clear space setbacks for separation of
apparatus, sport fields and courts).
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ii. Two and one -half percent of the gross acreage of subdivision is
designed as combination recreational area.
Combination recreational area includes active recreational area and
passive recreational area as selected by the applicant when more than twenty
percent of the area claimed for unique element credit is dedicated to passive
recreational area (excluding industry recommended clear space setbacks for
separation of apparatus, sport fields and courts).
Passive recreational area is open space such as open turf and tree areas,
park -like landscaped areas, informal open play areas and picnic /BBQ area.
Unique element credit for active or combination recreational areas shall
not be allotted for any individually owned open space, landscape areas
otherwise required by city ordinances or the State Map Act (river access), or
natural and landscaped areas required for mitigation of environmental impacts.
iii. Subdivision design features such as pedestrian oriented parkways
providing one twenty -four inch box size tree per lot (species subject to city parks
department approval) installed within a landscaped parkway between the
street and sidewalk for all streets within the interior of the subdivision and
maintained by the individual lot owners.
iv. Subdivisions less than ten gross acres in size may pay park land in-
lieu fees at three acres per one thousand population.
V. Recreational open space and /or other facilities unique to the
project subject to the approval of the advisory agency.
P. Reversed Corner Lots. Reversed corner lots shall not be allowed in
residential zones, except where required to comply with such other ordinances,
codes, and design principles of subdivision. In no instances shall an interior lot be
bordered by more than one reversed corner lot in residential zones
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
JUN 2 4 2015 by the following vote:
AYES'
ES:
AB
ABSENT'
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COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, SULLIVAN, PARLIER
COUNCILMEMBER: bfo&q.-
COUNCILMEMBER:
COUNCILMEMBER:
ROBERTA GAFFORD, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED:
JIB 242015
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorn y
By:
A REW HEGLU
Deputy City Attorney
AH:vlg
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, 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 26th day of June , 2015 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4818, passed by the
Bakersfield City Council at a meeting held on the 24th day of June, 2015 and entitled:
ORDINANCE AMENDING SECTION 16.28.170 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO LOTS.
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: (3,U
DEPVW City Clerk
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