Loading...
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