HomeMy WebLinkAboutORD NO 3826ORDINANCE NO. 3 ~J 2 6
AN ORDINANCE AMENDING SECTION 17.08.170 OF TITLE
17 OF THE BAKERSFIELD MUNICIPAL CODE RELATING
TO YARD ENCROACHMENTS FOR CARPORTS, CANOPIES
AND PATIOS
WHEREAS, the City of Bakersfield initiated a proposal to amend Title 17 of
the Bakersfield Municipal Code; specifically, amending Section 17.08.170 relating to yard
encroachments for carports, canopies and patios; and
WHEREAS, the Planning Commission through its Secretary set Thursday,
December 4, 1997 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 Commission on said ordinance, and notice of the public hearing was given in the
manner prescribed in the Municipal Code and the California Government Code; and
WHEREAS, the Planning Commission adopted Resolution No. 112-97
recommending approval of the proposed ordinance amendments and forwarded its
recommendation to the City Council; and
WHEREAS, the City Council through its City Clerk set Wednesday,
February 25, 1998 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 to consider said ordinance;
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 the City of Bakersfield's
CEQA Implementation Procedures have been duly followed by city staff and this Council;
and
WHEREAS, the City Council, at said public meeting, considered the
ordinance, all relevant facts, and public testimony, and the Council adopted the findings
made by the Planning Commission as contained in the Commission's Resolution No.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
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ORIG1N~[
SECTION 1.
Subsection 17.08.170 is hereby amended to read as follows:
17.08.170 Yard encroachments.
Where yards are required in this title, they shall be not less in depth or width
than the minimum dimension specified for any part, and they shall be at
every point open and unobstructed from the ground upward, except as
follows:
Cornices, canopies, carports, eaves, patio or porch covers, or other
similar architectural features not providing additional floor or interior
space within the building may extend into a required front, side or rear
yard not to exceed three feet. This encroachment may include
structural supports to the ground, however, the open area of the
longest wall and one additional wall of a carport, patio, porch or
similar enclosure shall be equal to at least sixty-five percent (65%) of
the area of each wall. Openings may only be enclosed with insect
screening or similar material that allows unrestricted outside air
circulation.
Open unenclosed, uncovered porches, platforms or landing places
which do not extend above the level of the first floor of the building,
with the exception of guard rails as may be required by the Building
Director, may extend into any front, side or rear yard not more than
six feet.
Detached accessory buildings may occupy side and rear yards as
provided in Section 17.08.130.
Carports, patios, porches, or similar enclosures that provide covered
space constructed before January 1, 1988 shall be deemed legal
nonconforming structures subject to the provisions of Chapter 17.68.
The Building Director shall make the final determination as to the age
of said structures.
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield Municipal
Code and shall become effective thirty (30) days from and after the date of its passage.
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ORIGINAL
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
MAI~ 2 5 ~ , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~,~z~
COUNCILMEMBER ,~_~
COUNCILMEMBER
APPROVED:
CITY CLERK and EX OFFICIO of the
Council of the City of Bakersfield
MAR ~ 5 19~
BOB PRICE, MAYOR
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
JUDY K. SKOUSEN, CITY ATTORNEY
-'-'-'"
3
ORIGINAL
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 30th day of March ,1998 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 3826 , passed by the
Bakersfield City Council at a meeting held on the 25th day of March. 1998, and
entitled:
AN ORDINANCE AMENDING SECTION 17.08.170 OF TITLE
17 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO
YARD ENCROACHMENTS FOR CARPORTS, CANOPIES
AND PATIOS.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Clerk
S:\DOCUMENT~AOPOSTING
March 27, 1998