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Home My WebLink AboutORD NO 3539ORDINANCE NO. 3539 AN ORDINANCE AMENDING SECTIONS 17.10.050, 17.14.040, 17.14.050, 17.16.040, 17.16.050, 17.18.040 AND 17.18.050 OF THE BAKERSFIELD MUNICIPAL CODE REGARDING FRONT AND SIDE YARD REGULATIONS IN THE R-l, R-2, R-3 AND R-4 ZONE DISTRICTS WHERE A GARAGE OR CARPORT FACES A STREET. WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing to consider amending the front and side yard regulations in the R-l, R- 2, R-3 and R-4 zone districts. The proposed amendment increases the setback of a garage or carport, whether attached to or detached from the main building, to 20 feet if said garage or carport opening faces a street in order to provide adequate space for vehicles parked in a driveway without obstructing pedestrian or vehicular traffic; and WHEREAS, by Resolution No. 27-93 on April 15, 1993, the Planning Commission recommended approval and adoption of said ordinance amendment and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, Planning Commission and this Council; and WHEREAS, the City Council has determined after due consideration of the recommendation of city staff and the Planning Commission herein on file, that the proposed ordinance amendment should be authorized. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. All of the foregoing recitals are hereby found to be true and correct. 2. The findings contained in Planning Commission Resolution No. 27-93 are hereby adopted as the Council's own. SECTION 2. Section 17.10.050 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.10.050 Side yards. There shall be a side yard for the main building of not less than five (5) feet. For corner lots, the side yard on the street side frontage shall not be less than ten (10) feet; however, the side yard may be reduced to five (5) feet for swimming pools and spas. If a garage or carport opening faces a public or private street, such garage or carport whether attached to or detached from the main building, shall be setback not less than twenty (20) feet. SECTION 3. Section 17.14.040 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.14.040 Front yard. Except as otherwise provided in Section 17.08.125, there shall be a front yard of not less than fifteen (15) feet in depth measured from the front lot line. If a garage or carport opening faces a public or private street, such garage or carport whether attached to or detached from the main building, shall be setback not less than twenty (20) feet. However, the garage/carport provision shall not apply to homes located within Tract 5728. The front yard setback shall be determined by the intersection of the first or each successive story with a forty-five degree airspace diagonal as defined in Section 17.04.035. Roofs, parapets and appurtenances may not extend more than ten (10) feet beyond the air space diagonal. SECTION 4. Section 17.14.050 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.14.050 Side yards. There shall be a side yard for the main building of not less than five (5) feet. For corner lots, the side yard on the street side frontage shall not be less than ten (10) feet; however, the side yard may be reduced to ~ ~e~ five (5) feet for swimming pools and spas. If a garage or carport ORIGINAL opening faces a public or private street, such garage or carport setback not less than twenty (20) feet. However, the garage/carport provision shall not apply to homes located within Tract 5728. SECTION 5. Section 17.16.040 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.16.040 Front yard. Except as otherwise provided in Section 17.08.125, there shall be a front yard of not less than fifteen (15) feet in depth measured from the front lot line. If a garage or carport opening faces a public or private street, such garage or carport whether attached to or detached from the main building, shall be setback not less than twenty (20) feet. The front yard setback shall be determined by the intersection of the first or each successive story with a forty-five degree airspace diagonal as defined in Section 17.04.035. Roofs, parapets and appurtenances may not extend more than ten (10) feet beyond the air space diagonal. SECTION 6. Section 17.16.050 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.16.050 Side yards. There shall be a side yard for the main building of not less than five (5) feet. For corner lots, the side yard on the street side frontage shall not be less than ten (10) feet; however, the side yard may be reduced to five (5) feet for swimming pools and spas. If a garage or carport opening faces a public or private street, such garage or carport whether attached to or detached from the main building, shall be setback not less than twenty (20) feet. SECTION 7. Section 17.18.040 of the Bakersfield Municipal Code is hereby amended to read as follows: ORIGINAL 17.18.040 Front yard. Except as otherwise provided in Section 17.08.125, there shall be a front yard of not less than fifteen (15) feet in depth measured from the front lot line. If a garage or carport opening faces a public or private street, such garage or carport whether attached to or detached from the main building, shall be setback not less than twenty (20) feet. The front yard setback shall be determined by the intersection of the first or each successive story with a forty-five degree airspace diagonal as defined in Section 17.04.035. Roofs, parapets and appurtenances may not extend more than ten (10) feet beyond the air space diagonal. SECTION 8. Section 17.18.050 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.18.050 Side yards. There shall be a side yard for the main building of not less than five (5) feet. For corner lots, the side yard on the street side frontage shall not be less than ten (10) feet; however, the side yard may be reduced to five (5) feet for swimming pools and spas. If a garage or carport opening faces a public or private street, such garage or carport whether attached to or detached from the main building, shall be setback not less than twenty (20) feet. SECTION 9. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. .......... O00 ......... 1 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 JUN 0 9 ~ , by the following vote: AYES: COUNCILMEMBERS M~OERMOl-f. EDWARDS. DeMOND. SMITH, BRUNNI, R~g/,.'E, SALVAGGIO NOES: COUNCILblEMBER~ /(,/~,,,../~- Ae~TAIN: COUNCILMEMBERS /~ ~/*,.,' E' A~ENT: COUNCILMEMBERS A~'O ~J E- CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUN MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDIN1 CITY ATI'ORNEY of the City of Bakersfield JE:pjt res\osb 1.cc June 22, 1993 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 22nd day of June, 1993 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3539, passed by the Bakersfield City Council at a meeting held on the 9th day of June, 1993, and entitled: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield