HomeMy WebLinkAboutORD NO 3996ORDINANCE NO. r~ 9 9 6
AN ORDINANCE AMENDING SUBSECTION B.8, OF
SECTION 16.32.060 AND SUBSECTION D.8. OF
SECTION 16.32.080 OF TITLE 16 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO CANAL FENCING
WITHIN ONE QUARTER MILE OF A SUBDIVISION.
WHEREAS, the City of Bakersfield initiated a proposal to amend Title 16 of the
Bakersfield Municipal Code relating to canal fencing within one quarter (1/4) mile of
subdivisions; 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 headng
before said Commission on said ordinance, and notice of the public hearing was given
in the manner prescribed in the Municipal Code and the Califomia Government Code;
and
WHEREAS, the Planning Commission adopted Resolution No. 141-00
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. 141-00.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as fellows:
Section 1.
Subsection B.8. of Section 16.32.060 is hereby amended to read as follows:
B.8. a.
A chain-link fence 6 feet in height, as specified in City of
Bakersfield Subdivision and Engineering Design Manual Standard
S-10, or an equivalent barrier as determined by the advisory
agency between any subdivision and the right-of-way line of any
irrigation canal within or adjacent to the subdivision;
A chain-link fence 6 feet in height, as specified in City of
Bakersfield Subdivision and Engineering Design Manual Standard
S-10, or equivalent barrier as determined by the advisory agency
between any subdivision and any concrete lined canal or open
conduit waterway, within one-quarter (1/4) mile of the subdivision.
At the discretion of the advisory agency, a chain-link fence 6 feet in
height, as specified in City of Bakersfield Subdivision and
Engineering Design Manual Standard S-10, or equivalent as
determined by the advisory agency between any subdivision and
any unlined canal within one-quarter (1/4) mile of the subdivision.
Based upon a waiver request and supporting evidence submitted
by the subdivider as part of the subdivision application, canal
fencing requirements may be waived, conditionally waived,
modified or conditionally modified by the advisory agency.
Evidence submitted with the request for waiver should identify
circumstances or characteristics such as canal lining and built-in
safety features, water depth, water velocity, existing fencing or
barriers, topography, intervening land uses, improvements,
agricultural operations, future land uses or project timing that
mitigate the need for canal fencing.
Subject to approval by the Planning Director, temporary fencing
may be used in lieu of permanent fencing to address changing
circumstances when it can be demonstrated by the Subdivider that
the intent of the canal fencing requirement will be satisfied.
Section 2.
Subsection D.8. of Section 16.32.080 is hereby amended to read as follows:
9.8.
A chain-link fence 6 feet in height, as specified in Cit~/of Bakersfield
Subdivision and Engineering Design Manual Standard S-10, or an
equivalent barrier as determined by the advisory agency between any
subdivision and the right-of-way line of any irrigation canal within or
adjacent to the subdivision;
Section 3.
This ordinance shall be posted in accordance with the Bakersfield Municipal
Code and shall become effective thirty (3) days from and after the date of its passage.
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
~:EB lj_~_ ?.D01 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~J O ~,~
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex OfficioS:lark of the
Council of the City of Bakersfield
FEB
APPROVED
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
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JM:pah
Janua~ 4,2001
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. 3996 , passed by
day of February 2001
the Bakersfield City Council at a meeting held on the 14th
and entitled:
AN ORDINANCE AMENDING SUBSECTION B.8. OF SECTION 16.32.060
AND SUBSECTION D.8. OF SECTION 16.32.080 OF TITLE 16 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO CANAL FENCING
WITHIN ONE QUARTER MILE OF A SUBDIVISION.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUT~' City Cler~- "~"'"--b
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February 16, 2001