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HomeMy WebLinkAboutORD NO 3994ORDINANCE NO, ~ 9 9 z~ An ordinance amending subsection H. of Section 6.28.t70 of Title 16 of the Bakersfield Municipal Code relating to double frontage Iota along streets which function as major streets. WHEREAS, the City of Bakersfield initiated a proposal to amend Title 16 of the Bakersfield Municipal Code relating to double frontage lots along streets which function as major streets; and WHEREAS, the Planning Commission through its Secretary set Thursday, December 21, 2000 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. 142-00 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, January 31,2001 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 and all relevant facts, and the Council adopted the findings made by the Planning Commission as contained in the Commission's Resolution No. 142-00. NOW, THEREFORE, be it ordained by the Council of the City of Bakersfield as follows: Section 1. Subsection H. of Section 16.28.170 is hereby amended to read as follows: Double Frontage Lots. Double frontage lots having a depth less than 200 feet will not be approved except where, as determined by the advisory agency, conditions permit no other reasonable form of platting, or where the proposed double frontage lots abut a street which functions as a major street and the advisory agency deems it to be reasonable due to such controlling factors as traffic, safety, appearance and setback. Each such lot shall have a 6 foot high masonry wall (the height shall be measured from whichever side of the wall the adjacent finished grade is higher) with landscaping (on the exterior side) installed by the subdivider adjacent to the rear proper~y~J/~aE, e ORIGINAl or, where the wall and landscaping are to be maintained by a homeowner's association or maintenance district installed within the street right-of-way and additional landscape easement or adjacent common lot. Alternate wall and landscape concepts may be approved in areas where, in the opinion of the advisory agency, topographic or other physical conditions make strict adherence to this criteria undesirable. Conceptual wall and landscaping plans shall be reviewed and approved by the advisory agency prior to filing of any final tract or final parcel map. Section 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall be come 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 FEB ~, 7.001 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERCARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER t~Jo NC._ COUNCILMEMBER dO ~ COUNCILMEMBER ~ FEB 1~2001 APPROVED MAYOR of the City of Ba/Kersfield CiTY CLERK and Ex Officio,~lerk of the Council of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney By: S:\MOVIUS\double frontage.ord.wpd JM:pah April 4, 2001 ORIGIflA[ 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 16th day of February , 2001 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3994 , passed by the Bakersfield City Council at a meeting held on the 14th day of February 2001 and entitled: AN ORDINANCE AMENDING SUBSECTION H OF SECTION 6.28.170 OF TITLE 16 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO DOUBLE FRONTAGE LOTS ALONG STREETS WHICH FUNCTION AS MAJOR STREETS. /si PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY'City Clerk S:\Docum ent\FORMS~AOP.ORD,wpd February 16, 2001