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HomeMy WebLinkAboutORD NO 4616 . ORDINANCE NO. 4 6 1 6 AN ORDINANCE AMENDING THE TEXT OF TITLE 16 (SUBDIVISION ORDINANCE) OF THE BAKERSFIELD MUNICIPAL CODE, CHAPTER 16.28 DESIGN STANDARDS, TO INCORPORATE SPECIFIC DESIGN CRITERIA FOR NEW DEVELOPMENT IN NORTHEAST BAKERSFIELD. WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on February 18, 2010, regarding a petition to amend the text of Title 16 of the Bakersfield Municipal Code (Subdivision Ordinance), specifically Chapter 16.28 Design Standards, in order to incorporate specific design criteria for new development in Northeast Bakersfield; and WHEREAS, by Resolution No. 1-10 on February 18, the Planning Commission recommended approval and adoption of said proposal, and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. 3. Pursuant to the California Environmental Quality Act (CEQA) 15061(b) (3), General Rule, the proposed project is exempt from the requirements of CEQA because it will not affect the environment. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: Section 16.28.170 is hereby amended as follows: 16.28.170 Lots. 1. Walls Along Side Yards Adjacent to Collector or Arterial Streets. Where it is found to be necessary for orderly development, residential lots having side yards adjacent to collector or arterial streets shall be required to install a six 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 side property line or, where the wall and landscaping are to be maintained by a homeowners 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 landscape plans shall be reviewed and approved in accordance with adopted resolutions prior to filing of any final tract or final parcel map. SECTION 2. 1. All of the foregoing recitals are hereby found to be true and correct. 2. That the project is exempt from CEQA, pursuant to Section 15061(b)(3), General Rule. SECTION 3. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. ---------000--------- 2 - G 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 APR by the following vote: AYES: COUNCILMEMBER: CARSbN, BENHAM, WEIR, CO CU H, HANSON, SUL VAN, SCR NER COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: r1 ABSENT: COUNCILMEMBER: T11'SL ROBERTA GAFFORD, CITY CLERK and Ex O is o Clerk of the Council of the City of Bakersfield APPROVED APR 0 7 2010 HA Y L. HALL Mayor of the City of Baker Ield X APPROVED to form VIRGINIA NARO City Att0r By: KShea \ S:\TRACTS\Amendments NE Title 16, 17, W&L - 2010\CC\CC ORDINANCE Title 162 read.doc 3/19/2010 3 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) ROBERTA GAFFORD, 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 9th day of April, 2010 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4616, passed by the Bakersfield City Council at a meeting held on the 7th day of April, 2010 and entitled: AN ORDINANCE AMENDING THE TEXT OF TITLE 16 (SUBDIVISION ORDINANCE) OF THE BAKERSFIELD MUNICIPAL CODE, CHAPTER 16.28 DESIGN STANDARDS, TO INCORPORATE SPECIFIC DESIGN CRITERIA FOR NEW DEVELOPMENT IN NORTHEAST BAKERSFIELD. ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By: - 641j- DEP City Clerk SAD0CUMENT\F0RMS\A0P.0RD.wpd i