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HomeMy WebLinkAboutORD NO 3683O INANCE NO. $ 6 $ 3 AN ORDINANCE AMENDING SECTION 16.28.190 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO DESIGN STANDARDS (IMPROVED ACCESS) BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 16.28.190 of the Bakersfield Municipal Code is hereby amended to read as follows: 16.28.190 ADDroved access reauired. A. Legal access to each lot or parcel of a subdivision shall be provided by: 1. having frontage upon a public street (other than an alley), with the ability to access it (per 17.04.370); or 2. having frontage upon a private easement (or private road) determined by the planning commission to be adequate for purposes of access (per 17.04.370); or 3. dedication, or an offer of dedication, to the City for street purposes from a public road to each parcel; or 4. recordation of a covenant of easement in accordance with Section 65870 of the Government Code. Such covenant may be released by direction of the planning commission, following a public hearing thereon, after the applicant seeking release has paid the fee therefor set by city council resolution. B. Improved access to each parcel shall be provided as follows: 1. for land divisions where each parcel is 20 gross acres or larger, has no existing structures or buildings, and has a land use of Commercial, Residential or Industrial: feet; roads to be graded to a minimum width of 20 maximum grade of roads shall be 15%; c. roads shall be traversable by a standard passenger car; d. paving and base will not be required; e. dust binder or palliative as approved by the City Engineer shall be applied; f. plans and profiles shall not be required; g. a grading plan/topography map shall be provided to ensure maximum slope is not exceeded. 2. for all other land divisions, each lot or parcel of a subdivision shall be provided with approved vehicular access improved to city standards. C. Notwithstanding the foregoing, the improvement of an access as described in B. above may be postponed if the planning commission finds, based on all evidence presented, that improvement of said access is premature to ultimate development of the parcel requiring the access. Such postponement may occur until further subdivision of the parcel or until issuance of a building permit on the parcel. Said postponement shall be noted on the Parcel Map and shall also be described in a covenant recorded over the parcel requiring the access. Said covenant shall run with the land and shall be recorded with the Parcel Map. SECTION 2. This Ordinance shall be posted in accordance with the Bakersfield Municipal Code provisions and shall become effective thirty (30) days from and after the date of its passage. ........... o0o ........... - 2 - I H~-~J~B~ CgRTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ~¥ 05 ~ , by the following vote: /~s: ~MSER ~, C~ ~, ~, ~, ~, ~V~ ~s: CO~E~ ~ ~ ~CITY CLERK and Ex Officio Clerk of~he Council of the City of Bakersfield NOVo8 ~ MAYOR of the City of Bakersfield APPROVED AS TO FORM: JUDY K. SKOUSEN City Attorney MICHAET. ~. A~FORD Assistant City Attorney City of Bakersfield MGA: 1 aa MEG-ORD95-1 \sccess.ord September 28, 1995 - 3 - AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SSo 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 15th day of November, 1995 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Bakersfield City Council at a November, 1995, and entitled: Ordinance No. 3683, passed by the meeting held on the 8th day of AN ORDINANCE AMENDING SECTION 16.28.190 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO DESIGN STANDARDS (IMPROVED ACCESS) By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield DEPUTY City Cle~ ~J L)