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HomeMy WebLinkAboutORD NO 3564O INANCE NO. 3 5 $ AN ORDINANCE AMENDING SECTIONS 17.19.010 AND 17.19.030, REPEALING SUBSECTION E OF SECTION 17.19.020, ADDING SUBSECTIONS E AND F TO SECTION 17.19.020, AND ADDING SECTION 17.19.040 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE RH (RESIDENTIAL HOLDING) ZONE DISTRICT. 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 RH (Residential Holding) zone district; and WHEREAS, by Resolution No. 44-93 on August 19, 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 of environmental documents as set forth in CEQA and City of Bakersfield CEQA Implementation Procedures have been duly followed by city staff, Planning Commission and this Council, with this project determined to be exempt from CEQA pursuant to Section 15305(d); 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. 1. All of the foregoing recitals are hereby found to be true and correct. 2. The findings contained in Planning Commission Resolution No. 44-93 are hereby adopted as the Council's own. ORIGINAL SECTION 2. Section 17.19.010 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.19.010 Generally. The following regulations shall apply in the RH (residential holding) zone unless otherwise provided in this title. This zone is intended to be used to retain large undeveloped or underdeveloped land areas for future urban development. Once development is proposed, a change in zoning will be required to zone districts consistent with the General Plan. This will ensure that development progresses in an orderly and logical manner consistent with the city's growth policies. The RH zone is considered agricultural in nature as it will allow both agricultural and petroleum resource uses to continue their operations until such time urbanization takes place. SECTION 3. Section 17.19.030 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.19.030 Building height, yards and distance between buildings. The regulations shall be the same as the R-1 zone; however, all buildings shall be located not less than one hundred and ten (110) feet from the centerline of any existing or proposed public street or highway, and all dwellings shall be located not less than one hundred (100) feet apart. SECTION 4. Subsection E of Section 17.19.020 of the Bakersfield Municipal Code is hereby repealed. SECTION 5. Subsections E and F of Section 17.19.020 are hereby added to the Bakersfield Municipal Code to read as follows: 17.19.020 Uses permitted. - 2 - as follows: E. Breeding, hatching and raising of poultry and fowl; F. Breeding and raising of rabbits and other furbearing animals; SECTION 6. Section 17.19.040 is hereby added to the Bakersfield Municipal Code to read 17.19.040 Minimum lot area. The minimum lot area shall not be less than twenty (20) acres; provided however, that a lot of less area than herein required shall be permitted if said lot was legally created as a separate lot and recorded as such prior to this zone being applicable to that lot. SECTION 7. 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. - 3 - OAI61NAL 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: ABSENT: O0~JN~ILMEM~.R~ ' ~1~ ~o~ ~_~ . CITY CLERK and Ex Offi~ Clerk of the Council of the City of Bakersfield APPROVED MAYOR of the City of Bakersfield APPROVED as to form: City Attorney JGE:jge rhzone.ord September 9, 1993 - 4 - Chapter 17.19 RH (RESIDENTIAL HOLDING) ZONE Sections: 17.19.010 17.19.020 17.19.030 17.19.040 Generally. Uses permitted. Building height, yards, area requirements and distance between buildings. Minimum lot area. 17.19.010 Generally. The following regulations shall apply in the RH (residential holding) zone unless otherwise provided in this title. This zone is intended to be used to retain larcle undeveloped or underdeveloped land areas for future urban development. Once development is proposed, a chanc~e of zonincl will be recluired to zone districts consistent with the General Plan. This will ensure that development proclresses in an orderly and Ioclical manner consistent with the citv's (3rowth policies. The RH zone is considered a(~ricultural in nature as it will allow both a(~ricultural and petroleum resource uses to continue their operations until such time urbanization takes place. 17.19.020 Uses permitted. The following uses are permitted in an RH zone: A. Agricultural and horticultural uses including nurseries, greenhouses, orchards, aviaries or the raising of field crops, tree crops, berry or bush crops or vegetable or flower gardening on a commercial scale; B. The keeping of bovine animals, horses, mules and sheep; provided, that the number thereof shall not exceed a number per acre equal to four adult animals in any combination of the foregoing animals and their immature offspring; C. Accessory agricultural buildings and uses, including farm buildings, housing for agricultural workers, garages and implement shelters, provided no livestock or any building or enclosure used in connection with livestock shall be located nearer than one hundred feet to the front lot line, nor nearer than fifty feet to any existing dwelling on any contiguous property, nor nearer than one hundred feet to any public park, school, hospital, or similar institution; D. One-family residential uses and structures; E._~. Breedin(h hatchinq and raisinq of poultrv and fowl; BreedinQ and raisincl of rabbits and other furbearincl animals; ORIGINAL E. The following ur, oc only whon in acoord with adoptod Gonoral Plan of tho oity and approvod by tho city oither by a chango of zono (Sootion 17.64.120 or in aooord with tho proooduroc of Chaptor 17.52 (P.U.D.) of this titlo: 1. Multiplo family dwollings and apartmont hour, os, 2. Condominiums, 3. Clu~or dovoiopmonts, ,1. Public parks :~nd playgrounds, 5. Commorcial usoc, whon tho planning commission finds that such usoc ;~ro incidontal to, and oompatiblo with, tho naturo and type of proposed plannod rer, idontial dovelopmont, 6. Tompom~/roal octato s'~1oc offisec for tho limitod purpoco of conducting saloc only of lots in a subdivision tract, 7. Ucos and struoturoc which aro inoidontal or accocsory to any of tho pormittod u~oc in PUD zono, 8. Churchos, 9. Schools. 17.19.030 Building height, yards, aroa roquiromenta and distance between buildings. On parools or lots of loss than fiftoon thousand cquaro foot in aroa, ¢aid The regulations shall be the same ..... ~...,4 ~,. , ..... as ,v.~ ........the R-1 zonc, ~-.".'J-' however prc'.'!~c~, *~'~* all buildings shall be located not less Rear-e; than one hundred and ten (110) feet from the centerline of any existing or proposed public street or highway, and, unlocs the oxistenco of an adoquato community wator supply is domonstr:~tod to the satisfaotion of tho city, all ...... than one hundred (100) feet rocidential buildings dwellings shall be located not less "~ .... apart. For thoco usoc pormittod pur¢,uant to Scotion 17.1g. O20(F), tho setbacks of tho zono applicable to tho subjoct uco shall apply. 17.19.040 Minimum lot area. The minimum lot area shall not be less than twentv (20) acres; provided however, that a lot of less area than herein recluired shall be permitted if said lot was leqallv created as a separate lot and recorded as such prior to this zone beincl applicable to that lot. AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) $$o 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 7th day of October, 1993 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3564, passed by the Bakersfield City Council at a meeting held on the 6th day of October, 1993, and entitled: AN ORDINANCE AMENDING SECTIONS 17.19.010 ~D 17.19.030, REPEALING SUBSECTION E OF SECTION 17.19.020, ADDING SUBSECTION E AND F TO SECTION 17.19.020, AND ADDING SECTION 17.19.040 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE RH (RESIDENTIAL HOLDING) ZONE DISTRICT. By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield