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Home My WebLink AboutORD NO 3682ORDINANCE NO. 8 6 8 2 AN ORDINANCE AMENDING SECTION 16.28.170 OF TITLE 16 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO LOT SIZES FOR ONE FAMILY DWELLINGS IN LIMITED MULTIPLE FAMILY DWELLING ZONES AND REDUCTION IN MINIMUM LOT SIZE REQUIREMENTS IN SUBDIVISIONS. WHEREAS, in accordance with the procedures set forth in Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing to consider amending Section 16.28.70 of Title 16 of the Bakersfield Municipal Code relating to lot sizes for one family dwellings in limited multiple family dwelling zones and reduction in minimum lot size requirements in subdivisions; and WHEREAS, in Resolution 35-95 on April 20, 1995, the Planning Commission recommended approval and adoption of said ordinance amendment and this Council has fully considered the recommendation made by the Planning Commission; and WHEREAS, the laws and regulations relating to the preparation of environmental documents as set forth in CEQA and the City of Bakersfield CEQA implementation procedures has been duly followed by City staff, Planning Commission and this Council, with this project determined to be exempt from CEQA pursuant to Section 15061(b)(3) of CEQA Guidelines; and WHEREAS, the City Council has determined after due consideration of the recommendation of the Planning Commission herein on file, that the proposed ordinance amendment should be authorized. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Bakersfield as follows: SECTION 1. true and correct. All of the foregoing recitals, incorporated herein, are found to be 2. The Council adopts the following findings as recommended by the Planning Commission: a. All required public notices have been given. The proposed project is exempt from CEQA pursuant to Section 15061(b)(3) of CEQA Guidelines. The proposed amendment is necessary for orderly development by the City. The proposed amendment is consistent with the objectives, goals and policies of the Metropolitan Bakersfield 2010 General Plan. SECTION 2. Section 16.28.170 B. 1. & 2. of Title 16 of the Bakersfield Municipal Code is hereby amended to read as follows: 16.28.170 Lots. B. Lot Frontage. All residential lots shall have a minimum street frontage of 55 feet except as follows: 1. The minimum street frontage for interior one family dwelling lots in an R-2 zone shall be 45 feet. 2. The minimum lot frontage for corner lots shall be 60 feet except for one family dwelling lots in an R-2 zone where it is 50 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. Section 16.28.170 C. & D. of Title 16 of the Bakersfield Municipal Code is hereby amended to read as follows: 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. 3. The minimum depth for a one family dwelling lot in an R-2 zone shall be 90 feet except as required in 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 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. 3. The minimum width for a one family dwelling lot in the R-2 zone shall be 45 feet on interior lots and 50 feet on corner lots except as required in 1 and 2. Section 16.28.170 O. 1.2. & 3. of Title 16 of the Bakersfield Municipal Code is hereby amended to read as follows: 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: a. The minimum lot area is 6,000 square feet. 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. 3 c. The applicant has demonstrated that the reduction is required because of the uniqueness of design or other design constraints that are supported by sound engineering practices or subdivision design features. 3. Further, 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: Recreational open space and/or facilities unique to the project. Park land dedication or in-lieu fees at three acres per one thousand population. Home prices at eighty percent of the area median sales price or less for new and resale homes in metropolitan Bakersfield. SECTION 3. 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 th.~_.C,o_uncil of the City of Bakersfield at a regular meeting thereof held on NO¥ 0 8 1985 , by the following vote: AYe8: COUNCILMEIV~ER DeMOND, CARSON, SMITH, McDERMO1-F, ROWLES, SULUVAN, SALVAGGIO K3ES: COUNCILMEMBER !~,STAIN: COUNCILMEMBER ABSENt.' COUNCILMEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield NOV 0 8 1995 APPROVED MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATFORNEY BY: CARL HERNANDEZ DEPUTY ClTY ATTORNEY JM:pjt Novcmbcr 3, 1995 res\o 1628170.cc 5 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: Ordinance No. 3682, passed by the Bakersfield City Council at a meeting held on the 8th day of November, 1995, and entitled: AN ORDINANCE AMENDING SECTION 16.28.170 OF TITLE 16 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO LOT SIZES FOR ONE FAMILY DWELLINGS IN LIMITED MULTIPLE FAMILY DWELLING ZONES AND REDUCTION IN MINIMUM LOT SIZE REQUIREMENTS SUBDIVISIONS IN By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield ity Clerk