HomeMy WebLinkAboutORD NO 4616
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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.
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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
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