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Home My WebLink AboutORD NO 4996ORDINANCE NO. 4 9 9 6 ORDINANCE AMENDING CHAPTER 17.04 SECTION 17.04.539 AND CHAPTER 17.65 SECTIONS 17.65.010, 17.65.020, 17.65.030 AND 17.65.040 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 17.04.539 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.04.539 Accessory dwelling unit. "Accessory dwelling unit" means an additional attached or detached residential dwelling unit subordinate in size and use to an existing dwelling unit on a lot zoned for residential use and containing a separate entrance and independent living facilities. SECTION 2. Sections 17.65.010, 17.65.020, 17.65.030 and 17.65.040 of the Bakersfield Municipal Code are hereby amended to read as follows: 17.65.010 Purpose. This chapter sets forth the policies and procedures for permitting accessory dwelling units as defined in Section 17.04.539 of this title consistent with the provisions of Section 65852.2 and relevant sections of the California Government Code as amended from time to time. 17.65.020 Basis for approval. A. An Accessory dwelling unit shall be approved by the planning director provided the proposed unit meets all of the following conditions: 1. The lot upon which the accessory dwelling unit is being proposed must contain a proposed or existing dwelling. 2. The floor area of the accessory dwelling unit, if attached to the existing living area, shall not exceed fifty percent of the floor area of the existing dwelling; if detached from the existing living area, shall not exceed one thousand two hundred square feet. o��AKF�N -- Page 1 of 3 Pages m r ORIGINAL ql ORDINANCE NO. 4 9 9 6 ORDINANCE AMENDING CHAPTER 17.04 SECTION 17.04.539 AND CHAPTER 17.65 SECTIONS 17.65.010, 17.65.020, 17.65.030 AND 17.65.040 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 17.04.539 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.04.539 Accessory dwelling unit. "Accessory dwelling unit" means an additional attached or detached residential dwelling unit subordinate in size and use to an existing dwelling unit on a lot zoned for residential use and containing a separate entrance and independent living facilities. SECTION 2. Sections 17.65.010, 17.65.020, 17.65.030 and 17.65.040 of the Bakersfield Municipal Code are hereby amended to read as follows: 17.65.010 Purpose. This chapter sets forth the policies and procedures for permitting accessory dwelling units as defined in Section 17.04.539 of this title consistent with the provisions of Section 65852.2 and relevant sections of the California Government Code as amended from time to time. 17.65.020 Basis for approval. A. An Accessory dwelling unit shall be approved by the planning director provided the proposed unit meets all of the following conditions: 1. The lot upon which the accessory dwelling unit is being proposed must contain a proposed or existing dwelling. 2. The floor area of the accessory dwelling unit, if attached to the existing living area, shall not exceed fifty percent of the floor area of the existing dwelling; if detached from the existing living area, shall not exceed one thousand two hundred square feet. o��AKF�N -- Page 1 of 3 Pages m r ORIGINAL 3. The accessory dwelling unit shall conform to all other development requirements of Title 17 except minimum lot area per dwelling. 4. The accessory dwelling unit shall conform to the construction requirements of the Building Code as adopted by the city. 5. The accessory dwelling unit shall be architecturally compatible with the main unit. Architectural compatibility shall mean that the exterior building materials and architecture of the accessory dwelling unit shall be the same as the materials used on the main dwelling. Architectural compatibility will be evaluated during site plan review. 17.65.030 Site plan approval required. No person shall construct or cause to be constructed any accessory dwelling unit without having first complied with the provisions of site plan review as provided in Chapter 17.08. 17.65.040 Process. A. A request for approval of an accessory dwelling unit shall be made by submitting a site plan review application to the city. The request shall be made by the owner of the existing dwelling unit on the lot upon which the accessory dwelling unit will be constructed. B. The application shall include payment of the required site plan review fee. Accessory dwelling units are not subject to traffic impact fees or park fees, and shall pay sewer connections fees based upon the number of fixtures. 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. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ---------000---------- -- Page 2 of 3 Pages -- o�gAKF %P r V O ORIGINAL 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 OCT 2 3 2019 by the following vote: COUNCILMEMBER: RI RA, GONZALES,-W fR, SMITH, ERE M7ti N, SULLIVAN, PARLIER NO ' COUNCILMEMBER: -&Qj-r� ABSTAIN: COUNCILMEMBER: 1V ABS COUNCILMEMBER:a RAU J LIE DRIMAKIS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: OCT 2 3 2019 By: %—/AAA KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney B v RICHARD IGER Deputy City Attorney Rl:vlg S:\C0UNClL\0rds\ 19-20\ 17.65&1 7.04Accessory Dwelling U nits.Fnl.docx -- Page 3 of 3 Pages -- o``�AKF9� r OR GENAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) JULIE DRIMAKIS, 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 29th day of October, 2019 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4996, passed by the Bakersfield City Council at a meeting held on the 23rd day of October, 2019 and entitled: ORDINANCE AMENDING CHAPTER 17.04 SECTION 17.04.539 AND CHAPTER 17.65 SECTIONS 17.65.010, 17.65.020, 17.65.030 AND 17.65.040 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS. JULIE DRIMAKIS, CMC City Clerk and Ex Officio of the Council of the'City of Bakersfield By:'. -'EA Ix Vd-e-� DEP Y City erk SADOCUMEMIFORMSWOP.ORD.wpd