HomeMy WebLinkAboutORD NO 2696ORDINANCE NO. 2696
NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING CHAPTER 17.08 OF THE
BAKERSFIELD MUNICIPAL CODE BY ADDING SECTION
17.08.125 AND SECTION 17.08.175 AND AMENDING
SECTIONS 17.08.070, 17.08.130, 17.08.160,
SUBSECTION B OF SECTION 17.08.170, SUB-
SECTIONS A AND C OF SECTION 17.08.180
AND SECTION 17.08.190 RELATIVE TO GENERAL
PROVISIONS.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
Section
hereby amended to
SECTION 1.
17.08.070 of the Bakersfield Municipal Code
read as follows:
17.08.070 Buildings Under Construction.
for which a building permit has been issued
date of any provision of this Title may be completed and used in
accordance with the plans, specifications and permits on which said
building permit was granted, if construction is commenced within
one hundred and twenty (120) days after the issuance of said permit
and diligently pursued to completion.
Any building or structure
prior to the effective
SECTION 2.
Section 17.08.125 is hereby added to Chapter 17.08 of the
Bakersfield Municipal Code to read as follows:
17.08.125 Front Yard - Averaqe Front Yard Line. Notwithstanding
the provisions of Sections 17.10.040A, 17.14.040, 17.16.040 and
17.18.040, where lots comprising forty percent (40%) or more of
the frontage on one side of a street between intersecting streets
are developed with buildings having an average front yard with a
variation of not more than ten
erected or structurally altered
front yard line so established.
(10) feet, no building
shall project beyond
In determining such
hereafter
the average
front yard
depth, buildings located more than thirty-five (35) feet from the
front property line and buildings facing a side street on a corner
lot shall not be considered.
SECTION 3.
Section 17.08.130 of the Bakersfield Municipal Code is
hereby amended to read as follows:
17.08.130 ~ccessory Buildings. Accessory buildings not exceeding
twelve (12) feet in height in the R-l, R-2, R-3 or R-4 Zones in
excess of one hundred and twenty (120) square feet in area shall
not be located nearer than five (5) feet to any side or rear
property line.
SECTION 4.
Section 17.08.160 of the Bakersfield Municipal Code is
hereby amended to read as follows:
17.08.160 Through Lots - Designation of Front Lot Line. On
through lots, the front lot line shall be designated by the
Planning Director. In such cases, the minimum rear yard shall be
the average of the yards on lots next adjoining. If such lots
next adjoining are undeveloped, the minimum rear yard shall
conform to the front yard setback for the zone in which the
property is located.
SECTION 5.
Subsection B of Section 17.08.170 of the Bakersfield
Municipal Code is hereby amended to read as follows:
B. 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 (6) feet.
SECTION 6.
Section 17.08.175 is hereby added to Chapter 17.08 of
the Bakersfield Municipal Code to read as follows:
17.08.175 Clear Sight View. A. On all corner lots located
on uncontrolled intersections, no obstruction to motor vehicle
driver views in excess of three (3) feet higher than curb flow
line grade shall be placed on any corner or reversed corner lot
within a triangular area formed by the intersecting street curb
lines and a line connecting them at points sixty (60) feet from
their intersection point.
B. On all lots abutting an alley or driveway, no obstruction
to sight view shall be permitted within the triangular area
formed by the alley or driveway edge and the interior sidewalk
edge from the street, or the street right-of-way line in the
absence of a sidewalk, and a line connecting them at points ten
(10) feet from their intersection point.
C. Motor vehicle driver
shall be maintained in accord
Design Speed MPH
Minimum Corner Intersection
Sight Distance ft.:
site distance at controlled intersections
with the following design standards:
20 30 4O 50 60
200 300 400 500 600
Corner sight distance measured from a point
of the minor road at least 15 feet from the edge of
the major road pavement and measured from a height of
eye of 3.75 feet on the minor road to a height of
object of 4.5 feet on the major road and a distance
from the edge of the minor road of 12 feet with parking
or 6 feet without parking. The location of the
object is to be measured at one-half the major
street width to the left of the minor street and one-
half the major street width plus 3 feet to the right of
the minor street.
SECTION 7.
Subsections A and C of Section 17.08.180 of the Bakersfield
Municipal Code are hereby amended to read as follows:
A. In the R-l, R-2, R-3 and R-4 Zones, no fence, wall or
hedge located in the rear or side yards shall exceed a height of
six (6) feet unless a greater heiqht is required by City or State
regulations for noise attenuation or sight screening. On all
through lots located in these zones in which the rear lot line
abuts a state highway, major highway or secondary highway and is
below the grade of the roadway, at the roadway grade, or less
than ten (10) feet above the roadway grade, a masonry wall as
defined by Section 17.04.462 shall be provided.
C. In the R-l, R-2, R-3 and R-4 Zones, no fence, wall, or
hedge located within ten (10) feet of the rear line of a reversed
corner lot between the street and the established setback line on
the key lot to the rear shall exceed a height of four (4) feet.
SECTION 8.
Section 17.08.190 of the Bakersfield Municipal Code is
hereby amended to read as follows:
17.08.190 Conditional Zoninq.
A. Definition. "Conditional zoning" means an amendment of
the zoning ordinance, concerning a specific parcel or parcels of
property, which is enacted only after the owner of such real
property has met specified conditions or, where appropriate, has
entered into a contract with the City agreeing to satisfy specified
conditions, performance of which is secured by surety bond.
B. Conditions. Requirements which may be made a condition
of an amendment to the zoning ordinance as provided in Subsection
A of this Section include, but are not limited to, the dedication
of rights-of-way and easements, the waiver of direct access
rights to any street abutting the property to be rezoned and
construction of reasonable improvements. Such conditions shall
relate to problems arising or potentially arising from the property
if rezoned and used in accordance with the new zoning~ such as
vehicular or pedestrian traffic, police and fire services, grading
or topography, access, drainage, water supply, sewers, utilities
and/or proposed physical development affecting nearby properties.
Additionally, a condition may be imposed requiring that any
development or improvements upon the property to be rezoned, or
any portion thereof, be processed and considered as a Class "A"
Project in accordance with, and subject to, the provisions of
Chapter 17.53. The conditions imposed shall fulfill public needs
reasonably expected to result from the allowable uses and/or
development of the property and/or avoid circumstances adverse to
the public health, safety, convenience or welfare.
C. Procedure. In considering a proposed zone change
pursuant to Section 17.64.110 of this Code, the Planning Commission
may, by resolution, conditionally approve the proposed zone
change and recommend enactment of an ordinance effectuating such
change subject to satisfaction of specified conditions and, where
appropriate, the contractual commitment of the property owner to
satisfy the specified conditions within a specified period of
time and a surety bond guaranteeing performance of such contract.
The owner of the property to be rezoned shall, within ten (10)
days after adoption by the Planning Commission of such resolution,
either: 1) execute a contract agreeing to the conditions specified
in such resolution, conditioned upon City Council enactment of an
ordinance effectuating the zone change, and provide the Planning
Director with a surety bond in the amount of one hundred percent
(100%) of the total estimated cost of any improvements required
by the specified conditions as estimated by the Public Works
Director, 2) have satisfied the specified conditions, or 3)
appeal to the City Council the recommendation of the Planning
Commission imposing such conditions pursuant to Section 17.64.130
of this Code. Failure of the owner to take any of the three (3)
actions specified above shall constitute withdrawal of the application
for rezoning of his property.
SECTION 9.
This ordinance shall be posted in accordance with the
City Charter provisions and shall become effective thirty (30)
days from and after the date of its passage.
......... o0o .........
I
and adopted by the Council of the City of
meeting thereof held on the 31st day of
the following vote:
HEREBY CERTIFY that the foregoing Ordinance was passed
Bakersfield at a regular
March , 1982, by
AYES: COUNCILMEN: BARTON, CHRISTENSEN, MEANS, PAYNE, RAT1Y, ROCKOEF, STRONG
CITY Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED this 31st day of March
e Ci y
, 1982
APPROVED as to form:
CItY ATTORN~i~ of the Ci~ o Bakersfield
AJS:mm 6.
Aff av of ost ng ( rh uan es
STATE OF CALIFORNIA, t
County of Kern ss.
PHILIP KELMAR, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that or~ ....................~.~...r....i....1.......~: .................................................................................,19...._~...2he posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on ..................~..a....r....c....h........3....1..~ ................................................, 19.{~.~....., which ordinance
was numbereck._...~.~.~.6 .........................New Series, and entitled:
An Ordinance of the Council of the City of
Bakersfield amending Chapter 17.08 of the
Bakersfield ~unicipal Code by adding Section
17.08.225 and Section 17.08.175 and amending
Sections 17.08.070, 17.08.130, 17.08.160,
Subsection B and Section 17.08.170, Sub-
sections A and C of Section 17.08.180
and Section 17.08.190 relative to General
provisions.
Clerk
Subscribed and sworn to before me this
.... ~.I~ ....... day of ......~13~ J~ J~.....?~
Notary Publi~ i~ and for the County of Kern, $tat~ of C~lifornia