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HomeMy WebLinkAboutORD NO 3724ORDINANCE NO. 3 7 2 4: AN ORDINANCE AMENDING SECTION 16.28.170 O.2.c OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO REDUCTION OF MINIMUM LOT WIDTH, DEPTH, AND FRONTAGE FOR LOTS 6,000 SQUARE FEET AND GREATER IN SIZE. WHEREAS, in accordance with the procedures set forth in Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing to consider amending Section 16.28.170 O.2.c. of Title 16 of the Bakersfield Municipal Code relating to reduction of minimum lot width, depth, and frontage for lots 6,000 square feet and greater in size; and WHEREAS, in Resolution 54-96 on June 20, 1996, the Planning Commission recommended approval and adoption of said ordinance amendment and this Council has fully considered the recommendation made by the Planning Commission; and WHEREAS, the laws and regulations relating to the preparation of environmental documents as set forth in CEQA and the City of Bakersfield CEQA implementation procedures has been duly followed by City staff, Planning Commission and this Council, with this project determined to be exempt from CEQA pursuant to Section 15061(b)(3) of CEQA Guidelines; and WHEREAS, the City Council has determined after due consideration of the recommendation of the Planning Commission herein on file, that the proposed ordinance amendment should be authorized. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Bakersfield as follows: and correct. SECTION 1. All of the foregoing recitals, incorporated herein, are found to be true Planning Commission: a. b. The Council adopts the following findings as recommended by the All required public notices have been given. The proposed project is exempt from CEQA pursuant to Section 15061(b)(3) of CEQA Guidelines. c. The proposed amendment is necessary for orderly development by the City. d. The proposed amendment is consistent with the objectives, goals and policies of the Metropolitan Bakersfield 2010 General Plan. SECTION 2. Section 16.28.170 O.2.c. of the Bakersfield Municipal Code is hereby amended to read as follows: Section 16.28.170 Lot~, c. The applicant has demonstrated that the reduction is required due to physical constraints, the application of city engineering standards, and a lack of design alternatives. SECTION 3. 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. ......... 000 ......... 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 AIJG 0 ? 1596 , by the following vote: AYES: COUNCILMEMBER DeMOND, CARS~,~ SMITH, McDERMOTI', ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER AB,gTAIN: COUNCILMEMBER ~,~ ABSENI: COUNCILMEMBER Actlr~g CITY CLERK and Ex Offici~ Clerk of the Council of the City of Bakersfield APPROVED AUG 0 ? BOB PRICE ~ ' MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY JM:pjt July 9, 1996 res\o1628-2c 3 EXHIBIT I 118.0' ~- 5.0' ~ 100,0' 100.0' 100.0' I 100.0' TYPICAL CUL-DE SAC Ordinance wording originally intended to address cul-de-sac and knuckle circumstance where all other lots meet ordinance requirements. SCALE: 40' EXHIBIT 2 110.8' ~ //// 2oI 85.2' gs.5¥J. 5.0' -jj 100.0' 25.0' L~53.2' TYPICAL KNUCKLE Ordinance wording originally intended to address cul-de-sac and knuckle circumstances where all other lots meet ordinance requirements. SCALE: 1":= 4.0' EXHIBIT 3 I I 25' BUILDING I ~"n~ACK ~ CUnV~UN£An Proposal to use existing ordinance wording to achieve narrower lot frontages along curvilinear street than allowed by ordinance with no justification and no constraints to providing 55 feet as required by ordinance. AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA ) County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified Acting City Clerk of the City of Bakersfield; and that on the 9th day of August, 1996 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3724, passed by the Bakersfield City Council at a meeting held on the 7th day of August, 1996, and entitled: AN ORDINANCE AMENDING SECTION 16.28.170 O.2.C. OF THE BAKERSFIELD ~CIPAL CODE RELATING TO REDUCTION OF MINIMUM LOT WIDTH, DEPTH, AND FRONTAGE FOR LOTS 6,000 SQUARE FEET AND GREATER IN SIZE /s/ PAMELA A. McCARTHY Acting City Clerk of the City of Bakersfield By: