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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