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HomeMy WebLinkAboutORD NO 3681ORDINANCE NO. 3 6 8 ~. AN ORDINANCE AMENDING CHAPTER 17.14 OF TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO MINIMUM LOT SIZES FOR ONE FAMILY DWELLINGS AND SETBACK REQUIREMENTS IN LIMITED MULTIPLE FAMILY DWELLING ZONES. 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 Chapter 17.14 of Title 17 of the Bakersfield Municipal Code relating to minimum lot sizes for one family dwellings and setback requirements in limited multiple family dwelling zones; and WHEREAS, in Resolution 34-95 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. Subsection C of Section 17.14.020 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.14.020 Uses Permitted C. The accessory buildings or structures necessary to such use, located on the same lot or parcel or land. Accessory buildings on lots developed with one family dwellings shall not exceed twelve percent of the area of the lot. Subsection B of Section 17.14.050 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.14.050 Side yards. B. For multiple-family dwellings only, where the side property line separates a lot in an R-2 zone from an adjacent lot zoned R-l, E, MH, or a PUD or R-2 project of one family character with private rear and/or side yards, the side yard shall not be less than ten (10) feet for the first story and twenty-five (25) feet for the second and additional stories. Section 17.14.060 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.14.060 Rear Yard. A. There shall be a rear yard upon each lot in an R-2 zone behind every main building of not less than twenty-five feet or twenty percent of the depth of the lot, whichever is less; provided, however - the rear yard may be reduced to five (5) feet if not more than fifty (50) percent of the lot is covered by buildings or structures. B. For multiple-family dwellings only, where the rear property line separates a lot in an R-2 zone from an adjacent lot zoned R-l, E, MH or a PUD or R-2 project of one family character with private rear and/or side yards, the rear yard shall not be less than ten (10) feet for the first story and twenty-five (25) feet for the second and additional stories. Subsections A and B of Section 17.14.070 of the Bakersfield Municipal 17.14.070 Milfimum lot area. A. For multiple-family dwellings the minimum lot area shall be not less than six thensand square feet, and the minimum lot area shall be not less than twenty-five hundred square feet per dwelling unit. When a nonconforming lot has less than six thousand square feet and was recorded in the office of the county recorder at the time of the passage of the ordinance codified in this section, said lot may be occupied by not more than one dwelling unit for each twenty-five hundred square feet. B. For one family dwellings the minimum lot area may be reduced to 4,500 square feet per dwelling unit in accordance with Section 16.28.170 0.3. 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. ......... 000 ......... 3 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 #0¥ 0 $ ~ , by the following vote: ~,Y, ES: COUNCILMEMBER DeMOND, CARSON, SMITH, McOERMOTr, ROWLES, SULLIVAN, SALVAGGIO ;,0ES: COUNCILMEMBER ,'~/:*).~,'**~- A~$TAIN: COUNCtLMEk'I~ER /'.~.~F,~,y~, ~ ABSENT: COUNCILMEMBER ~ (A~ ~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NOV 0 8 ~ MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY BY: CARL HERNANDEZ DEPUTY CITY ATTORNEY JM:pjt October 27, 1995 res\o1714.cc 4 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 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. 3681, passed by the Bakersfield City Council at a meeting held on the 8th day of November, 1995, and entitled: AN ORDINANCE AMENDING CHAPTER 17.14 OF TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO MINIMUM LOT SIZES FOR ONE FAMILY DWELLINGS AND SETBACK REQUIREMENTS IN LIMITED MULTIPLE FAMILY DWELLING ZONES /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield DEP/UTY ~ity Clerk~