HomeMy WebLinkAboutORD NO 3356ORDINANCE NO. 3356
AN ORDIN4~N~E ADDIN~ C/=~I~R 17.55
TO TH~ BAKERSFIELD ~JNICIPAL CODE
RELATIN~ TO SPECIFIC PLAN LINES FOR
STrEeTS AND BIGH~AYS.
BE IT ORDAIN~D by the Council of the City of
Bakersfield as follows:
SECTIO~ 1.
Chapte~ 17.55 is hereby added to the Bakersfield
Municipal Code to read as follows:
Chapter 17.55
SPECIFIC PLAN LINES FORSTR~E~ANDHI~m~AXS
Sections:
17.55.010
17.55.020
17.55.030
Definitions.
A~op~io~ - Procedure.
Construction restriction.
17.55.010 Definitioas.
Whenever used in this chapter, unless a different
meaning clearly appears from the context, the words set out in
this section shall have the following meanings:
A. "Map" means an illustration, including, aerial
photograph or photo map, accurately indicating the precise
location of a planned right-of-way or portion thereof.
B. "Right-of-way" means all or any part of the entire
width of a road, street or highway whether or not such entire
area is actually used for road, street or highway purposes.
C. "Specific plan line" means the boundaries and
limits of a planned right-of-way, including the future right-of-
way of an existing street as it is proposed to be widened and
including all lands necessary for the building, widening or
maintenance of any road, street highway or other type of public
way, which planned right-of-way is based upon the general plan of
the city.
17.55.020 Adoption - Procedure.
Specific plan lines, and all amendments thereto, shall
be adopted by resolution in the manner prescribed by law and
shall constitute an amendment of this chapter. Each such
resolution shall include a map of the street or highway project
which is the subject of the specific plan.
17.55.030 Construction restriction.
A. Except as otherwise allowed by this chapter and by
chapter 16.41, no building, structure, well, utility or other
improvement shall be constructed, erected, enlarged or
established within the planned right-of-way of any adopted
specific plan line, or within the space between the specific plan
line and any required building setback line; provided, however,
no restriction shall apply to any form of agricultural or
horticultural plantings or crops, the maintenance of domestic
animals or 'the maintenance of fences.
B. All structures legally existing within the specific
plan line on the date of adoption of the specific plan line shall
be nonconforming buildings, and shall be deemed to comply with
the provisions of this chapter.
C. The planning director may authorize the
construction, erection, enlargement or establishment of a
building, structure, well, utility or other improvement within
the planned right-of-way of any adopted specific plan line, or
within the space between the specific plan line and any required
building setback line, if he finds that to prohibit such
construction, erection, enlargement or establishment would
constitute an economic hardship on the applicant, or would
destroy all economic use of the applicant's property.
SECTIO~ 2.
This Ordinance shall be posted in accordance with the
City Charter provisions and shall become effective thirty (30)
days from and after the date of its passage.
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I HEaRtY CERTIFY that the foregoing Ordinance was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on APR 2 4 1§§1 , by the
following vote:
AYES; COUNCILMEMBERS: EDWARDS. DeM[~ND, SMITH. BRUNNI, PETERSON. McDERMOTT. SALVAGGIO
NOES; COUNCILMEMBERS
ABSENT COUNCILMEMBERS:
ABSTAIN COUNCILMEMBERS
CITY CLERK and Ex Officio Clerk of
Council of the City of Bakersfield
the
APPROVED APR 2 4 1991
CLARENCE E. M~DDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M.
LUNA~DINI
CITY ATTORNEY of the City of Bakersfield
LCM/meg
FREEWAY2.ORD
4/4/91
3
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern)
CAROL WILLIAMS, Being duly sworn,
That she is the duly appointed,
of Bakersfie]d; and that on the
posted on the Bulletin Board at
the following:
City Council at
and entitled:
Ordinance
a meeting held
deposes and says:
acting and qualified City Clerk of the City
1st day of May 19 91 she
City Hall, a full, true and correct copy of
No. 3356 passed by the Bakersfield
on the 24th day of April , 1991 ,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk