HomeMy WebLinkAboutORD NO 3743,~RDINANCE NO. ~ ? 4 3
AN ORDINANCE AMENDING SECTION 16.28.170.O.3. OF
THE BAKERSFIELD MUNICIPAL CODE RELATING TO
ELEMENTS UNIQUE TO THE PROJECT WHEN
DEVELOPING ONE FAMILY DWELLING LOTS OF LESS
THAN 6,000 SQUARE FEET IN R-2 ZONES.
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.3.of Title 16 of the Bakersfield Municipal Code
relating to elements unique to the project when developing one family dwelling lots of less
than 6,000 square feet in R-2 zones: and
WHEREAS, in Resolution 105-96 on November 21, 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
enviromnental 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:
SECTION 1.
1. All of the foregoing recitals, incorporated herein, are found to be true
and correct.
2. The Council adopts the following findings as recommended by the
Planning Commission:
a. All required public notices have been given.
The proposed project is exempt from CEQA pursuant to Section
15061(b)(3) of CEQA Guidelines.
The proposed amendment is necessary for orderly development
by the City.
d. The proposed amendmere is consistera with the objectives. goals
and policies of the Metropolitan Bakersfield 2010 General Plan.
SECTION 2.
Section 16.28.170.O.3. of the Bakersfield Municipal Code is hereby amended
to read as follows:
16.28.170. Lots.
O. Reduction of Minimum Standards. The advisory agency may permit a reduction
in minimum standards including lot area, width, frontage and/or depth pursuant to the
provisions in either Chapter 16.36, 17.52 or density bonus provisions of the Municipal Code.
Reduction of minimum standards may also be allowed as follows:
3. Further, if the project site is zoned for multiple-family dwellings, the
advisory agency may permit a reduction of lot area for one family dwellings (as provided for
in Section 17.14.070.B in a subdivision if it makes the following findings:
a. The proposed subdivision is within the density range depicted for
the property in the general plan.
within a defined area.
The subdivision is planned to provide a balanced housing stock
c. The subdivision does not result in an unjustified concentration of
substandard lots within a defined area.
d. The applicant has demonstrated that the development will not
require a modification for the reduction of the required from, rear, or side-yard setbacks on
any lot within the subdivision.
e. The proposed development offers elemems unique to the project
that justify the reduction in lot area standards such as one or more of the following:
1)
2 % of the gross acreage of subdivision is designed as active
recreational area.
Active recreational area as selected by the applicant shall include
but is not limited to: court sports, field sports, pool areas, indoor
recreational facilities, tot lots, playground apparatus areas, and
par course facilities. Also included are trails with a paved
surface separate from otherwise required improvements (i.e.
roads, sidewalks, trails) which are interior or exterior to the
subdivision and which connect to public parks, multi-use trails or
the Kern River adjacent to or within a reasonable distance from
the subdivision.
2)
3)
The active recreational area claimed as a unique element shall
include no more than 20 % of its total area dedicated to passive
uses (excluding industry recommended clear space setbacks for
separation of apparatus, sport fields and courts).
2.5% of the gross acreage of subdivision is designed as
combination recreational area.
Combination recreational area includes active recreational area
and passive recreational area as selected by the applicant when
more than 20 % of the area claimed for unique element credit is
dedicated to passive recreational area (excluding industry
recommended clear space setbacks for separation of apparatus,
sport fields and courts).
Passive recreational area is open space such as open turf and tree
areas, park-like landscaped areas, informal open play areas and
picnic/BBQ area.
Unique element credit for active or combination recreational
areas shall not be allotted for any individually owned open space,
landscape areas otherwise required by city ordinances or the State
Map Act (river access), or natural and landscaped areas required
for mitigation of environmental impacts.
Subdivision design features such as pedestrian oriented parkways
providing one 24" box size tree per lot (species subject to City
Parks Department approval) installed within a landscaped
parkway between the street and sidewalk for all streets within the
interior of the subdivision and maintained by the individual lot
owners.
4)
Subdivisions less than 10 gross acres in size may pay park land
in-lieu fees at three acres per one thousand population.
5)
Recreational Open Space and/or other facilities unique to the
project subject to the approval of the advisory agency.
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 £wRTIFY that the foregoing Ordinance was passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on
FEB '~ 9 lqq7 , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN, SALVAG,.qlO
NOES: COUNCILMEMBeR
ABSTAIN: COUNCILMEMS~R _
ABSENT: COUNCILMEMBER
CITY CLERK and Ex Offici~JClerk of the
Council of the City of Bakersfield
APPROVED FEB 1 9 1997
BOB PRICE-.
MAYOR of the City of Bakersfield
APPROVED as to form_:
JUDY SKOUSEN
CITY .ATTORNEY
CARL HERNANDEZ
DEPUTY CITY ATTORNEY
JM:pjt
January 23, 1997
res\o1628cc
4
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 City Clerk of the City of Bakersfield; and that on
the 20th day of Feb~ua~, 1997 she posted on the Bulletin Board at City Hall, a full, true and correct
copy of the following: Ordinance No. 3743, passed by the Bakersfield City Council at a meeting held
on the 19th day of February, 1997, and entitled:
Ordinance amending Section 16.28.170.O.3. of the Bakersfield
Municipal Code relating to elements unique to the project when
developing one family dwelling lots of less than 6,000 square feet in
R-2 Zones.
Is/
By:
PAMELA A. McCARTHY
CITY CLERK of the City of Bakersfield
DEPUTY City Clerl~