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HomeMy WebLinkAboutORD NO 4641ORDINANCE NO. 4 6 41 AN ORDINANCE AMENDING THE TEXT OF TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE (ZONING ORDINANCE), SPECIFICALLY, SECTION 17.10.040 OF CHAPTER 17.10 (R-1 ONE-FAMILY DWELLING ZONE) REDUCING THE FRONT YARD FROM 25 FEET TO 20 FEET, AND SECTION 17.61.032 B.6. OF CHAPTER 17.61 (LANDSCAPE STANDARDS) ADDING LANGUAGE RELATED TO LANDSCAPING ALONG SLOPES 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 January 20, 2011, regarding amendments to the text of Title 17 of the Bakersfield Municipal Code (Zoning Ordinance), specifically, Section 17.10.040 of the R-1 (One-Family Dwelling) Zone reducing the front yard from 25 feet to 20 feet, and Section 17.61.032 B.6. of the Landscape Standards adding language related to landscaping along slopes; and WHEREAS, by Resolution No. 4-11 on January 20, 2011 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: 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. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 17.10.40 is hereby amended as follows: 17.10.040 FRONT YARD. A. Except as otherwise provided in Section 17.08.125, there shall be a front yard of not less than twenty feet in depth measured from the front lot line. If a garage or carport opening faces a public or private street, such garage or carport, whether attached to or detached from the main building, shall be set back not less than twenty-five feet. ~ m V r O ORIGINAL B. Where fifty percent or more of the front lot line is along a cul-de-sac or street knuckle curvature, the front yard setback line shall not be less than fifteen feet in depth as measured from the front lot line; and if a garage or carport opening faces a public or private street, such garage or carport, whether attached to or detached from the main building, shall be set back not less than twenty feet. SECTION 2. Section 17.61.032.B.6. is hereby amended as follows: 17.61.032 ADDITIONAL REQUIREMENTS. B.6. New landscape areas along slopes and slope easements may be required to be privately maintained as undeveloped areas of native landscaping, greenbelts, or open space, without fencing or other structures, as determined by the Planning Director, or as may be conditioned by the Planning Commission or City Council. 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--------- i- m F_ 0 ORIGINAL 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 MAR 0 0 ZO by the following vote: V-.1 V-11 YES• COUNCILMEMBER: SALAS BE HV11 I/ AM, WEIR, COUCH, HANSON, SULLIVAN, JOHNSON NOES: COUNCILMEMBER: C~ft- ABSTAIN: COUNCILMEMBER: d1OY4- ABSENT: COUNCILMEMBER: ROBERTA GAFFORD, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: MAR 0 9 2011 on HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form: VIRGINIA GEN City By: By: KS S:\TRACTS\Amendments NE Title 16, 17, W&L - 2010\CC - Phase 2\CC ORDINANCE Title 17 2nd read.doc 2/22/2011 m ORIGINAI~ 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 10th day of March, 2011 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4641, passed by the Bakersfield City Council at a meeting held on the 9th day of March, 2011 and entitled: AN ORDINANCE AMENDING THE T BAKERSFIELD MUNICIPAL CODE SPECIFICALLY, SECTION 17.10.040 OF FAMILY DWELLING ZONE) REDUCING FEET TO 20 FEET, AND SECTION 17.61 (LANDSCAPE STANDARDS) ADDING LANDSCAPING ALONG SLOPES. SADOCUMEN'RFORMSWOP.ORD.wpd EXT OF TITLE 17 OF THE (ZONING ORDINANCE), CHAPTER 17.10 (R-1 ONE- THE FRONT YARD FROM 25 .032 B.6. OF CHAPTER 17.61 LANGUAGE RELATED TO ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield qL"j- By: DEPU City Clerk o~ i6AKV11 (PI m U r- ORIGINA o