HomeMy WebLinkAboutORD NO 3755ORDINANCE NO. 3 7 ~ 5
AN ORDINANCE AMENDING SECTIONS 17.04.547, 17.60.060
(B.I.), AND 17.60.070 (A.), AND REPEALING SECTION
17.60.020 (D.4.) OF TITLE 17 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO RESIDENTIAL
SUBDIVISION/PROJECT DIRECTIONAL SIGNS.
WHEREAS, the City of Bakersfield initiated a proposal to amend Sections
17.04.547, 17.60.060 (B.1 .), and 17.60.070 (A.), and repeal Section 17.60.020 (D.4.) of Title 17
relating to development of a kiosk program for off-site residential subdivision/project signs; and
WHEREAS, the Planning Commission through its Secretary set Wednesday,
February 1, 1996 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 hearing before said Commission
on said ordinance, and notice of the public hearing was given in the manner prescribed in the
Municipal Code and the California Government Code; and
WHEREAS, the Planning Commission adopted Resolution No, 9-96 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, August 21,
1996 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 for a public hearing before said Council on said
ordinance, and notice of the public hearing was given in the manner prescribed in the Municipal Code
and the California Government Code; 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 City of Bakersfield Resolution No. 107-86
regarding the local implementation of CEQA have been duly followed by city staff and this Council;
and
WHEREAS, the City Council, at said public hearing, considered the ordinance, all
relevant facts, and public testimony, and the Council adopted the findings made by the Planning
Commission as contained in the Commission's Resolution No. 9-96.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield, as follows:
SECTION 1.
The paragraph of Section 17.04.547 beginning with "Residential subdivision/project
directional sign" of Title 17 of the Bakersfield Municipal Code is hereby amended to read as
follows:
"Residential subdivision/project directional kiosk" means an offsite sign structure
with individual name panels identifying subdivisions where new home sales are taking place. Each
panel informs the viewer as to the specific project and the route or change of direction of travel for
potential buyers to visit the project.
SECTION 2.
Subsection B. 1. of Section 17.60.060 of Title 17 of the Bakersfield Municipal Code is
hereby amended to read as follows:
2
1. Signs permitted in the Residential and Agricultural/Open Space Zone Districts
(R, E, A, OS, MH, TT, FP-P Zones):
Sign
Type
a. Name Plate
b. Apartment ID
(over 4 units)
c. Neighborhoocg~
Subdivision ID
(includes parks)
Sign Maximum Maximum Maximum I~umlnation
Style Number Area Height Allowed
Wall or door 1 per residence 1 sq.tL lielow
ronfiine
Wall or 1 per street frontage 32 sq.fi. each 20' for wail Yes
monument sign and 6 fl.
for monument
sign
Note: Wall
signs may
height ma.~ if
pet skyline
Subdivision 2 per major entrance
wall or not to exceed silas at 2
a. Shell he on premises.
b. Sign shall be attached to and
parallel with the front wall or
Shall identify only the name a~d~or
a. Copy limited to projean name and
address only.
b. Signs shall no~ he intenaally
lighted.
c. Building wall sign shall not eyeteed
a horizontal length greater than
70% of the linear frontage
elevation ~ sign is placed.
& If skyline signs are utilized. such
signs as well as all other wall
signs shall be sabject Io Section
17.60.070 F.
a. Copy l'nnited to project/
neighborhood name only; use of
:: 3
T.vpe Style Number Area Heigl~
d. Temoorarv Sim-a Freestanding 2 per subdivision
(multiple phases of a
i. R~sidential tract shall be
Project ID comidered a single
(m-site) subdivision)
ii. Residential
sub, project
directional
(off-site)
iii, Real Fatate
(sale, rem~
lease)
(also see See. 17.60.050) : ::
32 sq.tL each 12 tL No
a. Limited to new projects only.
k Copy may include di~ction to
model homes/sales office, the
developer/buildeffs
name~ togo, priee~ and any other
information related to hom~ sales.
¢. All sigr~ shall be removed vfithin
30 days afrer the initial sale, rein
ofth~ last unit in the project/
subdivision tract. ~ 2 years
recordativa of the final map.
See so'lion 17.60.070 A.
property lines, except those
fronting public slreets where
a_ Copy shall pertain to advertise the
sale. rent or lease and nc~ for the
purpose of con~ercial advertising of
a besiness.
b. Signs shall Ix~ removal within 10
days alter th~ sale. lease or
._~_x .~_ _~_ _~_. _b~_ _ .~m_~e_t_*d~ .........
of these signs shall not exceed
I
Slg~
Type
vii. Future Use
viii. Model Home/
Tr~:t Sales
S~yle Number A~a : Heigl~ .Mlowed
Freestanding 2 per residence 3 sq. tL 6fl. No
(1 on-site, 1 off-site)
(also see See. 17.60.050)
Otf-sit~ sign shall not be placed within
right-of-way and shall not be allv~xed in
any manaer to any utility pole. sweet sigm
~ No property shall be allowed
signage for more than 2 sal~s
per calendar year.
b. The maxLmum duration oftho use
oftbe~ signs shall not exceed
3 comecufive days.
c. Balloora, perman~ sirearners and
conjunction with ohsitc signs but
not offsite signs.
Freestanding 1 per project or 4sq.fi. 61L No a. Shall be on prenuses. a. Copy imitedtotypeof
residence b. Shall be setback 10' flora cc~ztructinn oo.-mring m-site and
property lines. name of company including logo.
b. Sign shall be removed within 10
Freestanding 1 per undavelopot 32 sq.lL 121Y No a. Shall be on premises.
parcel b. Shallbe seshack 10' from all
property lines.
Freestanding Signs: Sales office - Sales office -8 No Signs for sales office and model homes
Flags may located anywhere on the
projeot sit~ where the new hangs are
being coratmca:d for apgrolmate
identification of the project. model hames
or sales office, provided they are not
located within any strut fight-of-way or
public parkway. Flag~ shall be prohibited
on daveloped lots with occupied
residencea or lots n~ owned by the
buildar/deveinper advertising on said
signs.
Model home - Model home -
8 sq.tL 411.
Flags: Flag - Flag - 25 IL
20 per subdivision 15 sq.R. (pole ht)
a. Copy limited to idamiry fiature use
consistent with existing zoning and
.... ~l~n_ _c~ .......... ~.~ .........
development andtoe company
c..M[ flags shall be removed within
30 days after the initial sale
of the last unit in the project/
Bldg Director may grant up tx) 2
year each if such flags are
necessary to complete all sales.
d. Sigr~ shall be removed when
model home is sold, sales office
closed. or per subsection c above,
whichever occurs fi~.
e. Special event permits are not
required for balloons (~s limited
per 17.60.070 B.3.) or banners
6fi- or less in height ffonly
used on Saturdays and Sundays.
See Secticn 17.60.070 B.
Typ~ : Style Number
Political See Section 17.60.070 C.
Election
I
Freestanding I ~ parcel 32 sq.R. 8 fL
No ~. Sitall be on pr~mis~
b. Shall be s~tback 10' from
prOlXnVd lines, except ',hos~
fronting public s~ts where
no setback is r~quir~d.
Uses are subject to tl~ CH (Church) zone sign standards pursuant to Section 17.60.060 B.7.c.
~ Copy limited to products produced
on the propeay or agricultural
related affiliation. and may also
includ~ name of owner.
b. Siga is only penrotted in the A
and R-S zone dis~6~ns.
6
SECTION 3.
Subsection A of Section 17.60.070 of Title 17 of the Bakersfield Municipal Code is
hereby amended to read as follows:
17.60.070 SPECIALIZED SIGNS.
A. Off-site residential subdivision/project directional kiosk sign program.
The following is intended to provide for the administration of a uniform, coordinated sign
program of kiosks that offer developers of new residential subdivisions a means of providing
direction to their projects. The kiosk signs will minimize confusion among prospective
purchasers of new homes to find those developments, promote traffic safety by removing
competing signs from busy streets, and reduce visual blight of incompatible sign types in
residential neighborhoods~ No such off-site directional sign other than those in conformance
with this chapter shall be erected or maintained within the city.
1. Requirements for directional kiosks.
Kiosks shall be permitted in all zone districts except on a lot developed with a
single family residence. They may be permitted on private land or public
right-of-way that is maintained by the property owner provided the property
owner's permission has been granted in writing. Signs may also be permitted
within the public fight-of-way or parkway that is maintained by the City of
Bakersfield or as contracted by the City subject to approval and issuance of an
encroachment permit by the city. All other location restrictions in Section
17.60.050 shall remain in full force and effect.
Kiosks shall be constructed of wood or similar product with individual panels
provided for placement of subdivision or project names and direction.
Kiosk locations shall be approved by the Building Director or appointed
designee. A kiosk shall not be placed closer than 1,000 feet from an existing
kiosk or approved site where a kiosk is to be constructed. The Building
Director or appointed designee may reduce the distance between kiosks
where:
Kiosks are located at different comers of an intersection and face
different directions.
ii.
The street intersection where the kiosk is proposed is less than 1,000
feet away from a street intersection that contains a kiosk and it is
necessary to provide direction to subdivisions or projects to which that
street provides the most direct or only access.
iii.
Kiosks (2 maximum) are necessary to be placed adjacent to one
another because the number of subdivisions or projects that are being
identified exceeds the number of panels allowed on one kiosk.
Architectural design, color, letter style, and any other design elements of the
kiosk shall be approved by the Planning Commission and City Council. All
kiosks and other off-site residential directional signs allowed by Section
17.60.060 (B. 1 .d.ii.) that are installed within the city limits shall be in
accordance with adopted design criteria.
Kiosks shall not exceed a height of 12 feet and a width of 6 feet. When a
kiosk is sited immediately adjacent to a residential development, it shall not
exceed a height of 8 feet. An individual panel shall be limited to a maximum
width of 6 feet and a height of 10 inches. No more than 8 individual name
panels shall be permitted on a kiosk.
Kiosks may have more than I face. Multiple faces are encouraged where the
kiosk can be sited to serve traffic traveling in opposite directions, or where it
would reduce the amount of kiosks needed to provide adequate direction to
residential subdivisions. Multiple faced kiosks shall be approved by the
Building Director or appointed designee.
A name panel shall be limited to a single line of text that may contain only the
subdivision, project, builder or developer's name, or combination thereo£ All
panels shall include a direction arrow pointing in the direction of the identified
project. Name panels shall conform to all design elements as approved in
accordance with subsection A. 1 .d.
Tag signs, streamers, banners, balloons, devices, display boards, or other
appurtenances shall not be added, placed upon or erected adjacent to or within
a 100 foot radius of any existing kiosk.
Kiosks shall not be illuminated.
Kiosks shall not obstruct the use of sidewalks, walkways, bicycle or hiking
trails, and shall not obstruct the free and clear vision of motor vehicle
operators, cyclists, pedestrians, or the visibility of traffic control signs and
lights as determined by the Public Works Director or appointed designee.
Kiosks shall be setback a minimum of 25 feet from side and rear property
lines. No setback shall be required from street frontages or those kiosks
located within public rights-of-way.
Permits.
Any builder or developer of a new recorded residential subdivision which
contains approved lots or homes which have never been sold, may apply for a
permit to install a kiosk or to place a name panel on an existing kiosk to
provide direction to their subdivision.
Applications for a kiosk or name panel (including name changes to an existing
name panel) shall be made on forms provided by the Building Director or
appointed designee, be signed under penalty or perjury by the applicant, and
shall require at minimum, the following information:
The name, mailing address, title, and telephone number of the property
owner, subdivider and developer/builder of the specific development;
ii. The name and location of the specific development;
iii.
A plot plan showing the exact location of the proposed kiosk, or the
existing kiosk(s) where the panel(s) will be attached;
iv.
A statement that the development contains approved lots or new
homes which have not yet been sold;
If the permit is for a new name panel or a name change to an existing
name panel, the copy proposed for the panel;
vi.
If the permit is for a new kiosk that is proposed to be located within a
public road right-of-way, a copy of the approved encroachment permit
issued by the City of Bakersfield Public Works Department.
c. The Building Director or appointed designee may issue a permit
i. The application is complete and truthful;
ii. The applicant is the person or entity selling new lots or new homes;
iii.
The development is located entirely within the Metropolitan
Bakersfield 2010 General Plan area;
iv. The kiosk or panel meets all of the design criteria within this section;
The permit is for a name panel and available space exists on the
kiosk(s); or if there is no space available, the applicant has agreed to
be placed on a waiting list for future placement on a kiosk(s);
vi. If the permit is for a kiosk, the location criteria in this section has been
satisfied;
vii. Appropriate fees have been paid.
Program administration.
The City may delegate portions of or the entire administration of the
directional kiosk program to another entity by contract that includes but is not
limited to installation and maintenance of kiosks, and issuance of permits for
kiosks and name panels.
Kiosks and sign panels permitted in accordance with this section shall be
continuously maintained in good condition by the permit holder. Upon
approval by the city, sign maintenance may be assumed by a responsible party
other. than the permit holder.
Kiosks shall be sited based on demand and where they will provide the best
direction to residential subdivisions where homes/lots are being sold.
Sign panels shall be available to all developments selling new homes on a first-
come-first-serve basis. Sign panels shall be placed on a kiosk beginning with
the highest position on the kiosk and progressing downward. Panels shall be
grouped based on the direction of travel with the priority of placement from
top to bottom as follows:
i. left turn;
ii. right turn;
iii. straight ahead.
Waiting lists shall be established for each kiosk (existing or proposed) for new
name panels on a first-come-first-serve basis of applications that have met the
requirements of subsection A. 2.c.
When a panel name is changed or a panel is removed from a kiosk, all lower
panels within each directional group as defined in subsection A.3.d. shall be
moved upwards so that any new panel is placed on the bottom of its
respective directional group on the kiosk.
All panel changes shall be approved by the Building Director or appointed
designee through the permit process.
A specific project or builder is limited to I panel for each kiosk. Multiple
panels shall not be combined to identify or provide information regarding the
same specific project or builder. There shall be no limit on the number of
kiosks a specific project may be identified.
Within 10 days after selling the last lot or home or within 2 years after
recordation of the final map for the subdivision of which the project is located,
whichever occurs first, panel signs that identi~y said project shall be removed
from all kiosks. Two (2) extensions of time may be granted by the
administrator of the kiosk program not to exceed 1 year for each request if the
extension is needed to complete any sales in that project. If administration of
the program is delegated to an entity other than the City and that entity denies
the extension, the permit holder may appeal the denial within 5 days of the
decision in writing to the Building Director. The Building Director shall
render a decision on the appeal within 10 days of receiving the appeal which
shall be final and conclusive.
Any kiosk shall be completely removed by the permittee whenever any of the
following occur:
i. The kiosk is no longer needed at the location.
ii.
The permittee has been notified by the City of Bakersfield Public
Works Department to the remove or relocate the kiosk on the basis of
public safety or necessity, or because of planned road improvements.
For any kiosk erected within the public road right-of-way, a performance bond
in an amount sufficient to remove the structure shall be approved by and
posted with the City of Bakersfield Public Works Department.
Violations and abatement.
Off-site residential subdivision/project directional signs that were legally
permitted as of June 1, 1997 shall continue to remain for a period of 6 months
from said date. After that time, all signs not in conformance with this section
shall be removed by the owner at the owner's cost. Any signs not removed
within the required period shall be subject to summary abatement by the city in
accordance with Section 17.60.110. This subsection shall not apply to
existing kiosk programs that were legally established and maintained by a
private entity where that program contains 5 or more kiosks.
Existing kiosk sign programs that were legally established as of June 1, 1997
that are owned and maintained by a private entity where that program contains
5 or more kiosks, may continue as a nonconforming kiosk program. These
kiosks may be maintained but shall not be replaced except with a kiosk that
conforms to this section. A nonconforming kiosk shall be removed if it is no
11
longer necessary at the location, or no longer meets the separation
requirements of Subsection A. 1.c. regarding kiosk separation due to
placement of a conforming kiosk. A nonconforming kiosk that is required to
be removed shall be done by the owner at the owner's cost. Any
nonconforming kiosk not removed as required, shall be subject to summary
abatement by the city in accordance with Section 17.60.110.
Any permit issued in accordance with this section shall be immediately
revoked by the Building Director if it has been found that the permit holder
has erected and maintained any sign in violation of this section. The Building
Director shall order any panel currently in place on a kiosk identifying the
builder's/developer's specific development to be removed immediately after the
appeal period has expired if no appeal has been filed, and that
builder/developer shall be prohibited from having any off-site directional signs
or name panels on any kiosk for that specific development for a period of 180
days. After the 180 day period, the builder/developer may be allowed kiosk
panels but they shall be placed at the bottom of any waiting list and/or kiosk
hierarchy as described in subsection A.3.d.e. and f.
Any order of the Building Director shall be made in writing, addressed to the
permit holder, and shall set forth the findings for revoking any permits and the
method to appeal the decision. If no appeal is filed, the decision of the
Building Director shall be final and conclusive.
If the city is not the administrator of the kiosk program, the administrator shall
immediately notify the Building Director regarding any violations in
accordance with subsection A.4.c. and the Building Director shall notify the
party in violation in accordance with subsection A.4.d.
Appeal.
Should any permit holder be dissatisfied with the decision of the Building
Director to revoke a permit, then the permit holder may, no later than 10 days
after notice of such decision was deposited in the United States mail, make
written objection, subject to the required appeal fee, to the Board of Building
Appeals in care of the Building Director, setting forth the grounds for
dissatisfaction. The Board of Building Appeals shall hear the objections at a
regular meeting no later than 30 days following the filing of the objection.
The permit holder shall be given written notice of the hearing no later less than
3 days prior to the hearing. The Building Board of Appeals may sustain,
suspend, or overrule the decision of the Building Director, which decision
shall be final and conclusive.
Pending hearing before the Building Board of Appeals, all signs, kiosks and/or
name panels in dispute may remain in place until a final decision is rendered.
12
SECTION 4.
Subsection D4. of Section 17.60.060 of Title 17 of the Bakersfield Municipal Code is
hereby repealed:
SECTION 5.
This ordinance shall be posted in accordance with the Bakersfield Municipal Code and
shall become effective thirty (30) days from and after the date of its passage.
.......... 000 ..........
13
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
~,ll~R 9 '1997 , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTr, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
N].SE~ COUNCILMEMBER
CITY CLERK and Ex Offic~ Clerk of the
Council of the City of Bakersfield
APPROVED .4~,, -
BOB PRC~EE ~
MAYOR of the City of Bakersfield
APPROVED as to form:
Y of the City of Bakersfield
JE:p~kiosk_co.ord
March 7, 1997
14
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA )
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 1 lth day of April, 1997 she posted on the Bulletin Board at City Hall, a full, true and correct copy
of the following: Ordinance No. 3755, passed by the Bakersfield City Council at a meeting held on
the 9th day of April, 1997, and emitled:
Ordinance amending Sections 17.04.547, 17.60.060
(B.1.), and 17.60.070 (A.), and repealing Section
17.60.020(D.4.) of Title 17 of the Bakersfield
Municipal Code relating to Residential
Subdivision/Project Directional Signs.
/s/ PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
'D/EPUTY City Cle~ (-J ~