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Home My WebLink AboutORD NO 4104ORDINANCE I 0 AN ORDINANCE ADDING AND AMENDING SECTIONS OF TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PARKING, OPEN SPACE, LANDSCAPING, AND ONSITE PARK LIKE AMENITIES FOR MULTIPLE-FAMILY PROJECTS WITH FOUR OR LESS UNITS. WHEREAS, the City Council, through the City Clerk, did set, WEDNESDAY, December 11, 2002 at the hour of 7:00 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before said City Council on said ordinance, and notice of the public hearing was given in the manner provided in Title Seventeen of the Bakersfield Municipal Code; and WHEREAS, the ordinance was found to be exempt from the provisions of CEQA and the law and regulations as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission; and WHEREAS, the City Council referred to the Planning Commission for review and recommendation the matter of design, location, and amenities for multi-family dwellings with four units or less: and WHEREAS, the Planning Commission, through its Secretary, did set, MONDAY, July 29, 2002 and, THURSDAY, August 1,2002 at the hour of 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before said Planning Commission on said ordinance, and notice of the public hearing was given in the manner provided in Title Seventeen of the Bakersfield Municipal Code; and WHEREAS, said hearing was continued and the draft ordinance was referred to committee for review; and WHEREAS, the draft ordinance and committee recommendations were considered in hearing on November 21, 2002, WHEREAS, at said public hearing, the amendments were duly heard and considered and the Planning Commission recommended their adoption by the City Council, NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of Bakersfield as follows: 1. That the text additions and amendments to Title 17 of the Bakersfield Municipal Code are hereby approved as follows: SECTION 1 Section 17.14.026 (E) is hereby amended to read as follows: 17.14.026 Additional requirements E. For multiple-family dwellings with four units or less, the living room, main entrance and windows for the street-facing end unit and side units must face the street and public sidewalk. For all units, utility and other mechanical equipment shall not be visible from the street, and architectural elevations for adjacent buildings shall be significantly different (i.e.: different elevation, roof types, colors, or other structural elements.) This requirement shall not apply to any lot less than 10,000 square feet and, that is not part of, or adjacent to multi-family subdivisions or other multifamily projects that existed prior to the effective date of this ordinance. Duplexes and triplexes shall comply with these requirements regardless of lot size, location or adjacent development. Refuse containers shall not be located within the front yard, and if visible from the street shall be located within a masonry enclosure with metal gates. SECTION 2 Subsection (F) is hereby added to section 17.14.026 to read as follows: 17.14.026 Additional requirements Each multi-family development shall provide and maintain a minimum of twenty (20) percent of the gross area of the site as open space. This shall include 200 square feet of contiguous landscape space per lot, not less than twenty feet (20') in width or depth at any point. Open space shall not be deemed to include buildings, driveways, parking areas, or other sudaces designed or intended for vehicular travel. Required front building setbacks and street frontage setbacks shall not be included in calculating usable open space. This requirement shall not apply to any lot less than 10,000 square feet and, that is not part of, or adjacent to multi-family subdivisions or other multifamily projects that existed prior to the effective date of this ordinance. SECTION 3 Subsection (g) is hereby added to section 17.14.026 to read as follows: 17.14.026 Additional requirements A solid masonry wall constructed at a minimum height of 6 feet from highest grade shall be required for multi-family development proposed where the rear or side property line separates a lot zoned R-l, R-2 of a single family character, Mil or a PUD project of a single-family character. Any wall located within or along the front yard area shall not exceed a height of 4 feet. This requirement shall not apply to any lot less than 10,000 square feet and, that is not part of, or adjacent to multi-family subdivisions or other multifamily projects that existed prior to the effective date of this ordinance. 2 SECTION 4 Section 17.58.110 is hereby amended to read as follows: 17.58.110 Schedule of parking requirements ,,S_ec~fled Use ' i; i~ ';' I-I~ ~'i'ied Off Street Parking Facilities unit ; (efficiency and one bedroom un~ts). (The guestplus an add~bonal 10'/o parking requirement for projects with two to four for guest parking on : units shall not apply to any lot less than lO, O00iparcels containing 6 or ;square feet and, that is not part of, or adjacent to more units. A minimum : multi-family subdivisions or other multifamilyiof 1 guest space shall projects that existed prior to the effective date of be provided for each this ordinance.) unit for projects with : two to four units. For these projects tandem space may be permitted subject to the approval of the Planning Director. 3. Multiple-famdy dwelhngs and condominiums (2 or 2 spaces per unit, plus more bedrooms). (The guest parking requirement an additional 10% for for projects with two to four units shall not apply to ~uest parking on any lot less than 10,000 square feet and, that is )arcels containing 6 or not part of, or adjacent to multi-family subdivisions 'nore units. A or other multifamily projects that existed prior to minimum of 1 guestl the effective date of this ordinance.) space shall bei provided for each unit for projects with two to four units. For these projects tandem space may be permitted subject to the approval h of t e Planning Director. SECTION 5 Section 17.61.030 is hereby added to read as follows: 17.61.030 Minimum landscape standards An 8 foot landscape area shall be provided between each building and the drive aisle for multi-family projects using a common drive aisle with shared access. This requirement shall not apply to any lot less than 10,000 square feet and, that is not part of, or adjacent to multi-family subdivisions or other mu[tifamity projects that existed prior to the effective date of this ordinance. SECTION 6 Section 17.14.070 is hereby amended to read as follows: 17.14.070 Minimum lot area. For multiple-family dwellings with five units or more per lot the minimum lot area shall be not less than six thousand square feet, and the minimum lot area shall be not less than two thousand 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 two thousand five hundred square feet. For one-family dwellings the minimum lot size may be reduced to four thousand five hundred square feet per dwelling unit in accordance with Section 16.28.170(0)(3). I HEREBY CERTIFY that the foregoing Ordinance was passed an~d~Ol~t~,r~y the Council of the City of Bakersfield at a regular meeting thereof held on """ -~ ..... , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER i'~ "~- COUNCILMEMBER /¢%~. CITY CLERK and Ex Offici~ ~lerk of the Council of the City of Bakersfield 4 JAN 15 ZOO3 APPROVED HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: BART THILTGEN City Attorney SG 01/02/2003 S:Stanley\4plex Ordinance AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, 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 16th day of January , 2003 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4104 , passed by the Bakersfield City Council at a meeting held on the 15th day of January 2003 and entitled: AN ORDINANCE ADDING AND AMENDING SECTIONS OF TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PARKING, OPEN SPACE, LANDSCAPING, AND ONSITE PARK LIKE AMENITIES FOR MULTIPLE-FAMILY PROJECTS WITH FOUR OR LESS UNITS. Is/PAMELA A. McCARTHY City Clerk of the City of Bakersfield By: DEPUTY City C!erk