HomeMy WebLinkAboutORD NO 3613ORDINANCE NO. 3 6 1 3
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE RELATING TO
SECOND DWELLING UNITS.
WHEREAS, in accordance with the procedure set forth in the provisions of
Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held
a public hearing regarding the addition of provisions for administrative review of second
dwelling units to the Bakersfield Municipal Code; and
WHEREAS, by Resolution No. 18-94 on April 7, 1994, the Planning
Commission recommended approval and adoption of said amendments and this Council
has fully considered the findings made by the Planning Commission as set forth in that
Resolution; and
WHEREAS, it was determined that the proposed project was categorically
exempt from CEQA pursuant to Section 15305(d) 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 published as required by the
Bakersfield Municipal Code and California Government Code.
2. The provisions of the California Environmental Quality Act
(CEQA) and the City of Bakersfield CEQA Implementation Procedures have been
satisfied with the project found to be exempt from said provisions.
3. This amendment will provide a cost effective means of serving
development through the use of existing infrastructure, provide relatively affordable
housing without public subsidy, and provide security for homeowners who fear both
criminal and personal accidents while alone.
4. The administrative review of second units will reduce cost and
streamline the process for obtaining necessary permits but with assurances that the
second unit conforms with both building and zoning codes, and is architecturally
compatible with the neighborhood.
5. This amendment is consistent with the goals, policies and objectives
of the Metropolitan Bakersfield 2010 General Plan. The ordinance will assist the city in
meeting their goals relative to the maintenance, preservation, improvement and
development of housing as identified in the Housing Element.
correct.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
All of the foregoing recitals are hereby found to be true and
to read as follows:
The amendments to the Bakersfield Municipal Code are approved
SECTION 2.
Chapter 17.65 of Title 17 is hereby added to the Bakersfield Municipal
Code to read as follows:
CHAPTER 17.65
SECOND DWELLING UNIT
Sections:
17.65.010 Purpose.
17.65.020 Basis for approval.
17.65.030 Site olan aporoval required.
17.65.040 Process
17.65.010 Purpose.
This chapter sets forth the policies and procedures for permitting second units as
defined in Section 17.04.539 of this Title consistent with the provisions of Section
65825.2 of the California Government Code.
17.65.020 Basis for approval
1. Second dwelling units may be approved by the Planning Director provided the
proposed unit meets all of the following conditions:
The lot upon which the second unit is being proposed must contain an
existing single family dwelling.
bo
The floor area of the second unit, if attached to the existing living area,
shall not exceed 30% of the floor area of the existing dwelling; if detached
from the existing living area, shall not exceed 1,200 square feet.
2
c. The existing dwelling on the lot upon which the second unit is being
proposed must be owner occupied.
do
fo
The second unit shall conform to all other development requirements of
Title 17 except minimum lot area per dwelling.
The second unit shall conform to the construction requirements of the
Uniform Building Code as adopted by the city.
The second unit shall be architecturally compatible with the main unit.
Architectural compatibility shall mean that the exterior building materials
and architecture of the second unit shall be the same as the material used
on the main dwelling. Architectural compatibility will be evaluated during
site plan review.
17.65.030 Site oian approval required.
No person shall construct or cause to be constructed any second unit without
having first complied with the provisions of site plan review as provided in Chapter
17.53.
17.65.040 Process.
A. A request for approval of a second unit shall be made by submitting a site
plan review application to the city. The request shall be made by the owner occupant of
the dwelling on the lot upon which the second dwelling unit will be constructed.
B. The application shall include payment of the required site plan review fee.
The project will be subject to the same fees applicable to any other residential
construction project which shall be paid prior to the issuance of a building permit.
C. Projects shall comply with all the requirements of Section 17.65.020 and the
conditions of approval placed on the project through site plan review.
SECTION 3.
Section 17.04.539 is hereby added to the Bakersfield Municipal Code to
read as follows:
17.04.539
"Second Dwelling Unit" means an additional attached or detached
residential dwelling unit subordinate in size and use to an existing single
family dwelling unit on a lot zoned for residential use and containing a
separate entrance and independent living facilities. "
3
SECTION 4.
Subsection J is hereby added to Section 17.10.020 of the Bakersfield
Municipal Code to read as follows:
17.10.020 Uses oermitted.
J. Second unit, as defined in Section 17.04.539 and in compliance with the
provisions of Chapter 17.65.
SECTION 5.
Section 17.08.140 is hereby deleted from the Bakersfield Municipal Code.
SECTION 6.
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 .........
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
Bg'~ ! 2 ~ , by the following vote:
AYES: COUNCILMEMBERS McDERMO13'. EDWARDS. ?~MON~, EMITH. BRUNNI, ROWLES. SALVAGGIO
NOES: COUNCILMEMBER,~ ~ ~
ABSTAIN: COUNCiLMEM3ERS t"~/~
A~,ENT: GOUN¢ILMEM~ER~ C_
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
O~T ~. 2 199~
APPROVED
BO.
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
ACTING CITY ATFORNEY of the City of Bakersfield
BY:~ Laura Marino, Assistant City Attorney
JE:pjt
October 14, 1994
res\osdu.cc
5
EXHIBIT "A"
Ordinance - Second Dwelling Unit
SECTION 1.
Chapter 17.65 of Title 17 is hereby added to the Bakersfield Municipal Code
to read as follows:
CHAPTER 17.65
SECOND DWELLING UNIT
Sections:
17.65.010 Purpose.
17.65.0:Z0 Basis for approval.
17.65.030 Site plan approval required.
17.6S.040 Process
17.6S.010 Purpose.
This chapter sets forth the policies and procedures for permitting second units as
defined in Section 17.04.539 of this Title consistent with the provisions of Section 65825.2
of the California Government Code.
17.65.020 Basis for approval
1. Second dwelling units may be approved by the Planning Director provided the
proposed unit meets all of the following conditions:
The lot upon which the second unit is being proposed must contain an
existing single family dwelling.
The floor area of the second unit, if attached to the existing living area, shall
not exceed 30% of the floor area of the existing dwelling; if detached from
the existing living area, shall not exceed 1,200 square feet.
The existing dwelling on the lot upon which the second unit is being proposed
must be owner occupied.
The second unit shall conform to all other development requirements of Title
17 except minimum lot area per dwelling.
The second unit shall conform to the construction requirements of the
Uniform Building Code as adopted by the city.
The second unit shall be architecturally compatible with the main unit.
Architectural compatibility shall mean that the exterior building materials and
architecture of the second unit shall be the same as the material used on the
main dwelling. Architectural compatibility will be evaluated during site plan
review.
17.65.030 Site I~lan a0proval required.
No person shall construct or cause to be constructed any second unit without having
first complied with the provisions of site plan review as provided in Chapter 17.53.
17.65.040 Process.
A. A request for approval of a second unit shall be made by submitting a site plan
review application to the city. The request shall be made by the owner occupant of the
dwelling on the lot upon which the second dwelling unit will be constructed.
B. The application shall include payment of the required site plan review fee. The
project will be subject to the same fees applicable to any other residential construction
project which shall be paid prior to the issuance of a building permit.
C. Projects shall comply with all the requirements of Section 17.65.020 and the
conditions of approval placed on the project through site plan review.
as follows:
17.04.539
SECTION 2.
Section 17.04.539 is hereby added to the Bakersfield Municipal Code to read
"Second Dwelling UnitM means an additional attached or detached residential
dwelling unit subordinate in size and use to an existing single family dwelling
unit on a lot zoned for residential use and containing a separate entrance and
independent living facilities.
SECTION 3.
Subsection J is hereby added to Section 17.10.020 of the Bakersfield Municipal
Code to read as follows:
2
17.10.020 Uses oermitted.
J. Second unit, as defined in Section 17.04.539 and in compliance with the
provisions of Chapter 17.65.
SECTION 4.
Section 17.08.140 is hereby deleted from the Bakersfield Municipal Code.
s:sdu.ea
RESOLUTION NO. 18-94
RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING AMENDMENT OF TITLE SEVENTEEN
OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO
SECOND DWELLING UNITS.
WHEREAS, the City of Bakersfield, initiated amendments to the Municipal Code
relating to adding provisions for administrative review of second dwelling units; and
WHEREAS, the Planning Commission, through its Secretary, did set, MONDAY,
APRIL 4, 1994 and, THURSDAY, APRIL 7, 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 15305(d) as identified in the
City's CEQA Implementation Procedures, Resolution No. 212-92; and
WHEREAS, at said public hearing held April 7, 1994, said amendment was duly
heard and considered, and the Planning Commission found as follows:
1. All required public notices have been published as required by the
Bakersfield Municipal Code and California Government Code.
2. The provisions of the California Environmental Quality Act (CEOA) and
the City of Bakersfield CEQA Implementation Procedures have been satisfied with the project
found to be exempt from said provisions.
3. This amcndment will provide a cost effective means of serving
development through the use of existing infrastructure, provide relatively affordable housing
without public subsidy, and provide security for homeowners who fear both criminal and personal
accidents while alone.
4. The administrative review of second units will reduce cost and streamline
the process for obtaining necessary permits but with assurances that the second unit conforms
with both building and zoning codes, and is architecturally compatible with the neighborhood.
5. This amendment is consistent with the goals, policies and objectives of the
Metropolitan Bakersfield 2010 General Plan. The ordinance will assist the city in meeting their
goals relative to the maintenance, preservation, improvement and development of housing as
identified in the Housing Element.
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 amcndments to the Bakersfield Municipal Code as indicated in
Exhibit 'A' is hereby approvcd with a recommendation that the City Council adopt the
Commission's findings and approve same.
On a motion by Commissioner Rosenlieb and seconded by Commissioner Hersh,
the Planning Commission approved the foregoing, and recommend same to the City Council by
the following roll call vote:
Commissioners Andrew, Hersh, Marino, Rosenlieb, Powers
NOES: None
Commissioners Delgado, Messner
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 7th
day of April, 1994.
DATED: April 7, 1994
PLANNING COMMISSION
.~F~OF B.~KERSFI ELD
',~.~__~_.. I-~_. D I STY~et ary
April 13, 1994
rcs\rsdu.pc
Minutes, PC, 4/4/94 Page 3
Commissioner Slocumb said he was not present at the previous hearing on this
item, therefore would have to abstain.
Mr. Hardisty requested that this item be dropped from this agenda and carried to
the next cycle. This item was continued to the Thursday meeting.
ORDINANCE ADDING POLICIES AND PROCEDURES FOR ALLOWING
SECOND DWELLING UNITS AS A PERMITTED USE IN RESIDENTIAL
ZONES CONSISTENT WITH THE PROVISIONS OF SECTION 65852.2 OF
THE CALIFORNIA GOVERNMENT CODE (OR. 17.65-94).
Staff report was given.
Responding to question by Chairman Powers, Mr. Eggeft said staff was concerned
about the second unit being constructed at the same time as the main unit. He
said the intent was that a second unit be somewhat of an infill.
Mr. Hardisty gave example of a second unit being built simultaneously with the
main house saying it created considerable problems with the neighborhood. He
said State law outlines criteria, which if present, must allow the granting of this
permit.
Responding to question by Commissioner Rosenlieb, Mr. Hardisty said the
conditional use permit process would be used in the event a home has burned
and the applicant wants to construct a second dwelling unit at the time of
reconstruction.
COMMUNICATIONS
. A) Written
Commissioner Rosenlieb stated she had received a memo regarding
postponement of a deposition, but she had not been notified of the
deposition. Mr. Sherfy said the city received numerous requests for
depositions and immediately moved to have this halted, therefore if no
notification was given it was because it was worked out very quickly. He
said unless further notification is given there was nothing to be concerned
about.
B) Verbal
Minutes, PC, 4/7/94 Page 18
5.2
a&b
PUBLIC HEARING - GENERAL PLAN AMENDMENT 1-94, SEGMENT V
AND ASSOCIATED ZONE CHANGE #5549
Commissioner Andrew said he would abstain due to the fact he is marketing
property adjacent to this project.
Commissioner Rosenlieb asked that staff report be~waived since there is a request
to continue this item.
Commissioner Rosenlieb asked that the Commissioners who will ~ven~tually hear
this item carefully scrutinize if the city is attempting to market this prope~y at a
below market rate or free knowing there is a tremendous amount of industrihl-~
land that has been on the market for some time.
Motion was made by Commissioner Rosenlieb, seconded by Commissioner Hersh
to continue this item to the next general plan cycle. Motion carried.
o
ORDINANCE ADDING POLICIES AND PROCEDURES FOR ALLOWING
SECOND DWELLING UNITS AS A PERMITtED USE IN RESIDENTIAL
ZONES CONSISTENT WITH THE PROVISIONS OF SECTION 65852.2 OF
THE CALIFORNIA GOVERNMENT CODE (OR. 17.65-94).
Staff report was given.
Responding to question by Chairman Powers, Mr. Eggeft said the recommended
changes by the BIA were not incorporated. He stated he spoke to Ms. Don
Carlos who expressed desire that a person be allowed to build units concurrently.
He said it was staffs feeling that the second units are more of an infill project.
Allowing an applicant to construct both concurrently can encourage the possibility
of a duplex being built. This would require a conditional use permit. He said the
issue of wording proposed by the BIA for architectural compatibility is very
similar to staffs proposed wording and it would be up to the commission's
discretion which wording they would prefer.
Motion was made by Commissioner Rosenlieb, seconded by Commissioner Hersh
to make findings set forth in the staff report and approve the ordinance as
proposed and advertised, and recommend adoption of the same to the City
Council. Motion carried by the following roll call vote:
AYES:
Commissioners Andrew, Hersh, Marino, Rosenlieb, Powers
NOES: None
ABSENT: Commissioners Delgado, Messner
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 17th day of October, 1994
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3613, passed by the
Bakersfield City Council at a meeting held on the 12th day of
October, 1994, and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO SECOND
DWELLING UNITS
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
DEPUTY City Clerk