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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 S:\MOVIUS\canal ~ncing.ord.wpd 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 S:\Docum ent\FORMS~AOP.ORD.wpd February 16, 2001