HomeMy WebLinkAboutORD NO 4939ORDINANCE NO. W 9 3 9
ORDINANCE AMENDING SECTIONS OF THE BAKERSFIELD
MUNICIPAL CODE TO REFLECT THE NAME CHANGE FROM
DEVELOPMENT DEPARTMENT TO DEVELOPMENT SERVICES
DEPARTMENT.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 3.30.020, subsection (F) of the Bakersfield Municipal Code is hereby
amended to read as follows:
3.30.020 Municipal utilities designated.
F. Parking division, an operating division of the development services
department.
SECTION 2.
Section 5.32.060, subsection (A) of the Bakersfield Municipal Code is hereby
amended to read as follows:
5.32.060 Application for establishment and practitioner permit.
A. The name of the applicant and a complete statement regarding any
and all true and fictitious names used by the applicant within the five years
immediately preceding the application. All applications for permits for
massage/bodywork establishments or schools of massage shall be referred to the
development services director and the fire chief who shall make written
recommendations to the chief of police concerning compliance with the laws
and ordinances that they administer and enforce;
SECTION 3.
Section 14.20.020, subsections (A) and (B) of the Bakersfield Municipal Code
are hereby amended to read as follows:
14.20.020 Health officer to review and certify approval or disapproval.
A. Upon submission to him or her of plans with supporting data and
information, together with any additional data and information required by him
or her as a condition of submittal, the health officer shall review the some for all
aspects thereof which may reasonably appear to bear any relationship to the
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public health or safety or to the health or safety of the proposed users of said
system. Upon completion of said review, the health officer shall certify in writing
to the development services director of the city his or her approval, conditional
approval, or disapproval of the proposed system. In the case of disapproval, the
health officer shall set forth reasons for the disapproval. The development services
director shall be responsible for the dissemination of that information to any and
all officers and departments of the city with responsibility for the granting of final
entitlement for the project or proposal for which the private sewer system is
proposed.
B. In the performance of his or her duties pursuant to this chapter, the
health officer may, and is authorized to, delegate on-site inspection duties to such
officers and employees of the city as he or she deems necessary subject to the
approval and with the concurrence of the development services director.
SECTION 4.
Section 15.74.190, subsection (A) of the Bakersfield Municipal Code is
hereby amended to read as follows:
15.74.190 Conditions for granting exemptions.
A. The granting of an exception is a discretionary act. Upon receipt of
a request for an exception, the administrator shall request the development
services department to undertake an initial study pursuant to city council's CEQA
resolution. Fees as set by city council resolution shall be paid upon submission of
each request for an exception.
SECTION 5.
Section 15.80.125, subsections (13)(3), (C)(1), and (D) of the Bakersfield
Municipal Code are hereby amended to read as follows:
15.80.125 Park land dedication in -lieu fee credit for multiple -service medical and
recovery care facility.
B. A multiple -service medical care and recovery residential facility may
receive a fifty percent credit on the amount of the park land dedication required
for the development provided the project satisfies all of the following criteria:
3. The applicant or developer shall enter into an agreement with the
city which clearly identifies the amenities which shall be developed and which
meet the on-site park, open space, garden or other specially dedicated outdoor
area requirements of subsection (B)(b) of this section. Such agreement shall
require that the amenities be completed and approved by the development
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services director prior to issuance of a certificate of occupancy for the multiple -
service medical and recovery care facility; and
C. A multiple -service medical and recovery care facility which satisfies
all of the following criteria shall not be required to dedicate land for a public park
or pay a fee in -lieu of land dedication as required by Chapter 15.80 for the
facility's residential independent living units.
1. The facility shall meet the requirements of subsections (B)(1) through
(B)(4) of this section, and the applicant or developer shall enter into an
agreement with the city which clearly identifies the amenities which shall be
developed and which meet the on-site park, open space, garden or other
specially dedicated outdoor area requirements of this subsection. Such
agreement shall require that the amenities be completed and approved by the
development services director prior to issuance of a certificate of occupancy for
the multiple -service medical and recovery care facility; and
D. At the option of the applicant, the full amount of the fee, which does
not include such credit as described in subsections B and C of this section, may
be paid at the time of recordation of a final map or certificate of compliance.
Subsequent to recordation of a final map or certificate of compliance, and within
three months of date of recordation of such documents, the applicant may
submit a written request to the development services director for refund of fifty
percent or one hundred percent of the fee paid, subject to the criteria listed in
this section. Such a request must be made within three months of recordation of
a final map or certificate of compliance. If no request is made within such time
period, this credit becomes void, and no refund shall be made. The development
services director shall have fourteen days to respond to a request.
SECTION 6.
Section 15.82.065, subsections (B)(2), (C)(1) and (D) of the Bakersfield
Municipal Code are hereby amended to read as follows:
15.82.065 Park development fee credit for multiple -service medical and recovery
care facility.
B. Each residential independent living unit as part of a multiple -service
medical and recovery care facility which satisfies the following criteria shall pay
fifty percent of the amount of the adopted park development fee:
2. The applicant or developer shall enter into an agreement with the
city which clearly identifies the amenities which shall be developed and which
meet the on-site park, open space, garden or other specially dedicated outdoor
area requirements of subsection (B)(5) of this section. Such agreement shall
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require that the amenities be completed and approved by the development
services director prior to issuance of a certificate of occupancy for the multiple -
service medical and recovery care facility; and
C. Each residential independent living unit as part of a multiple -service
medical and recovery care facility which satisfies all of the following criteria shall
not be required to pay the adopted park development fee:
1. The facility shall meet the requirements of subsections (B) (1) through
(B)(3) of this section, and the applicant or developer shall enter into an
agreement with the city which clearly identifies the amenities which shall be
developed and which meet the on-site park, open space, garden or other
specially dedicated outdoor area requirements of this section. Such agreement
shall require that the amenities be completed and approved by the
development services director prior to issuance of a certificate of occupancy for
the multiple -service medical and recovery care facility; and
D. At the option of the applicant, the full amount of the fee, which does
not include said credit as described in subsections B and C of this section, may
be paid at the time of issuance of the building permit for any independent living
unit. Subsequent to payment of the fee in full, and if the city council approves a
PUD (planned unit development) zone change that includes open space and
recreation facilities that meet the requirements of this section, the applicant may
submit a written request to the development services director for refund of fifty
percent or one hundred percent of the fee paid, subject to the criteria listed in
this section, and a refund shall be issued to the applicant or appropriate payee.
However, said request must be made within three months of issuance of a
certificate of occupancy for the building containing independent living units. If
no request is made within such time period, this credit becomes void, and no
refund shall be made. The development services director shall have fourteen days
to respond to a request.
SECTION 7.
Section 16.16.060, subsections (A)(3)(b) of the Bakersfield Municipal Code
is hereby amended to read as follows:
16.16.060 Public hearing.
A. The planning director shall, not less than ten days before the date of
the hearing, give notice of the date, time, place of hearing, location of the
property and the nature of the request including any request for waiver of
signatures pursuant to Section 16.20.060(A) in the following manner:
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3. In addition, not less than twenty days but not more than sixty days
prior to the hearing, the applicant shall post signs on the property indicating the
date, time, and place of the hearing on the proposed tentative map.
b. The size of the sign shall be eight feet wide by four feet high. Lettering
style, formatting, mounting, and materials to be used shall be as set forth in the
administrative policy manual approved by the development services director.
SECTION 8.
Section 16.52.050 subsection (A) of the Bakersfield Municipal Code is
hereby amended to read as follows:
16.52.050 Application completeness appeal.
A. If, after receipt of an initial application for tentative subdivision map,
the development services director or designee determines that the application is
not complete and upon re -submittal of the same application the development
services director or designee determines the same, the subdivider or designated
representative may appeal the development services director's or designee's
determination to the planning commission by filing a written notice of appeal and
payment of fees with the planning director within ten days of said determination.
The appellant shall set forth in writing the precise basis and issues on appeal and
request a hearing thereon.
SECTION 9.
Section 17.08.080, subsections (B)(4), (B)(5), (E)(1) and (E)(3) of the
Bakersfield Municipal Code are hereby amended to read as follows:
17.08.080 Site plan approval process.
B. Procedure.
4. Approval. After considering the recommendations from the site plan
review committee and the planning director, and after approving any necessary
CEQA documents, the development services director may approve,
conditionally approve or deny the site plan. The development services director
may impose time limits within which specified improvements shall be installed.
Failure to complete installation of such improvements within the specified time
limit shall void both the site plan approval and any building permit issued. A site
plan may only be denied if the proposed project does not comply with city codes,
standards or policies, or CEQA. The action of the development services director
approving or denying site plan, if not appealed as provided hereinafter, shall be
final.
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5. Building Permit Review. Upon submittal by the applicant for a building
permit for a project for which site plan approval has been given, the building
director will transmit a copy of the construction plans to the site plan review
committee who will review the plans for compliance with the conditions,
requirements and mitigation measures imposed on the site plan. If the committee
determines the applicant has not complied with one or more of the applicable
codes, standards, mitigation measures or other conditions imposed by the
development services director, the planning director shall notify the applicant in
writing that the plans will be suspended from further processing until such
compliance is satisfied. No certificate of occupancy shall be issued by the
building director until all conditions, requirements and mitigation measures
imposed on the site plan have been accomplished.
E. Appeal Procedure.
1. Any person not satisfied with the decision of the development
services director may, within ten days of the date of that decision, appeal to the
city planning commission by filing a written notice of appeal and payment of fees
with the planning director setting forth the precise basis and issues on appeal and
requesting a hearing thereon. The planning commission shall, as soon as possible,
hold a noticed public hearing thereon. Only appeals of issues subject to review
by the planning commission will be accepted for filing.
3. Review by the planning commission of an appealed site plan is
limited to a determination of whether or not an adopted development standard,
zoning regulation, or policy applied or not applied to the project was done
consistent with authority granted by city ordinance. No authority is granted to
add, delete, change or modify adopted standards, regulations or policies except
as required to comply with conditions necessary to mitigate unavoidable
environmental impacts. After hearing the appeal, the planning commission may
deny, grant or partially grant the appeal by directing changes to the project or
to the CEQA document adopted or to the mitigation measures as necessitated
by their findings regarding the issues appealed. All findings, CEQA determinations
and conditions made by the development services director not appealed to the
planning commission shall remain in full force and effect and shall not be modified
by the planning commission. The decision by the planning commission shall be
final.
SECTION 10.
Section 17.20.050, subsection (E) of the Bakersfield Municipal Code is
hereby amended to read as follows:
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17.20.050 Additional requirements.
E. Commercial development proposed adjacent to property zoned or
designated for residential development shall be required to be separated by a
solid masonry wall constructed a minimum height of six feet from highest grade.
Any wall located within or along the front yard area shall not exceed a height of
four feet. Along street frontages, landscaping shall be required in lieu of or in
combination with a solid wall, as determined by the development services
director, to screen the proposed development from the residential uses.
SECTION 11.
Section 17.22.050, subsection (E) of the Bakersfield Municipal Code is
hereby amended to read as follows:
17.22.050 Additional requirements.
E. Commercial development proposed adjacent to property zoned or
designated for residential development shall be required to be separated by a
solid masonry wall constructed a minimum height of six feet from highest grade.
Any wall located within or along the front yard area shall not exceed a height of
four feet. Along street frontages, landscaping shall be required in lieu of or in
combination with a solid wall, as determined by the development services
director, to screen the commercial development from the residential uses.
SECTION 12.
Section 17.24.050, subsection (E) of the Bakersfield Municipal Code is
hereby amended to read as follows:
17.24.050 Additional requirements.
E. Commercial development proposed adjacent to property zoned or
designated for residential development shall be required to be separated by a
solid masonry wall constructed a minimum height of six feet from highest grade.
Any wall located within or along the front yard area shall not exceed a height of
four feet. Along street frontages, landscaping shall be required in lieu of or in
combination with a solid wall, as determined by the development services
director, to screen the commercial development from the residential uses.
SECTION 13.
Section 17.26.050, subsection (E) of the Bakersfield Municipal Code is
hereby amended to read as follows:
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17.26.050 Additional requirements.
E. Commercial development proposed adjacent to property zoned or
designated for residential development shall be required to be separated by a
solid masonry wall constructed a minimum height of six feet from highest grade.
Any wall located within or along the front yard area shall not exceed a height of
four feet. Along street frontages, landscaping shall be required in lieu of or in
combination with a solid wall, as determined by the development services
director, to screen the commercial development from the residential uses.
SECTION 14.
Section 17.28.035, subsection (E) of the Bakersfield Municipal Code is
hereby amended to read as follows:
17.28.035 Additional requirements.
E. Industrial and commercial development proposed adjacent to
property zoned or designated for residential development shall be required to be
separated by a solid masonry wall constructed a minimum height of six feet from
highest grade. Any wall located within or along the front yard area shall not
exceed a height of four feet. Along street frontages, landscaping shall be
required in lieu of or in combination with a solid wall, as determined by the
development services director, to screen the development from the residential
uses.
SECTION 15.
Section 17.30.035, subsection (E) of the Bakersfield Municipal Code is
hereby amended to read as follows:
17.30.035 Additional requirements.
E. Industrial and/or commercial development proposed adjacent to
property zoned or designated for residential development shall be required to be
separated by a solid masonry wall constructed a minimum height of six feet from
highest grade. Any wall located within or along the front yard area shall not
exceed a height of four feet. Along street frontages, landscaping shall be
required in lieu of or in combination with a solid wall, as determined by the
development services director, to screen the proposed development from the
residential uses.
SECTION 16.
Section 17.31.040, subsection (E) of the Bakersfield Municipal Code is
hereby amended to read as follows:
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17.31.040 Additional requirements.
E. Industrial and/or commercial development proposed adjacent to
property zoned or designated for residential development shall be required to be
separated by a solid masonry wall constructed a minimum height of six feet from
highest grade. Any wall located within or along the front yard area shall not
exceed a height of four feet. Along street frontages, landscaping shall be
required in lieu of or in combination with a solid wall, as determined by the
development services director, to screen the proposed development from the
residential uses.
SECTION 17.
Section 17.35.040, subsection (F) of the Bakersfield Municipal Code is
hereby amended to read as follows:
17.35.040 Additional requirements.
F. Development proposed adjacent to property zoned or designated for
residential development shall be required to be separated by a solid masonry wall
constructed a minimum height of six feet from highest grade. Any wall located
within or along the front yard area shall not exceed a height of four feet. Along
street frontages, landscaping shall be required in lieu of or in combination with a
solid wall, as determined by the development services director, to screen the
proposed development from the residential uses.
SECTION 18.
Section 17.36.030, subsection (F) of the Bakersfield Municipal Code is
hereby amended to read as follows:
17.36.030 Additional requirements.
F. Churches and related development proposed adjacent to property
zoned or designated for residential development shall be required to be
separated by a solid masonry wall constructed a minimum height of six feet from
highest grade. Any wall located within or along the front yard area shall not
exceed a height of four feet. Along street frontages, landscaping shall be
required in lieu of or in combination with a solid wall, as determined by the
development services director, to screen the proposed development from the
residential uses.
SECTION 19.
Section 17.38.030, subsection (F) of the Bakersfield Municipal Code is
hereby amended to read as follows:
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17.38.030 Additional requirements.
F. Hospitals and related development proposed adjacent to property
zoned or designated for residential development shall be required to be
separated by a solid masonry wall constructed a minimum height of six feet from
highest grade. Any wall located within or along the front yard area shall not
exceed a height of four feet. Along street frontages, landscaping shall be
required in lieu of or in combination with a solid wall, as determined by the
development services director, to screen the proposed development from the
residential uses.
SECTION 20.
Section 17.64.050, subsection (B)(6)(b) of the Bakersfield Municipal Code is
hereby amended to read as follows:
17.64.050 Hearings—Notices.
B. Not less than ten days before the date of such public hearing, notice
of the date, time and place of hearing, along with the location of the property
and the nature of the request shall be given in the following manner:
6. In addition, not less than twenty days but not more than sixty prior to
the hearing on any general plan amendment, specific plan, or zone change, the
applicant shall post signs on the property indicating the date, time, and place of
the hearing on the proposed general plan amendment, specific plan, or zone
change.
b. The size of the sign shall be eight feet wide by four feet high. Lettering
style, formatting, mounting, and materials to be used shall be as set forth in the
administrative policy manual approved by the development services director.
SECTION 21.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective 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
MAY 0 91010 by the following vote:
,✓ ✓ ✓ ✓ ✓
AYES: COUNCILMEMBER: i�1�[i�4�GONZALES, WEIRr3FRiI I, FREEMAN, SULLIVAN, EARLIER
NOES: COUNCILMEMBER: I�iOlri .
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER(�'�jjjJ��� Tp.A'.
N LL
CHRISTOPHE GERRY
ACTING CITY CLERK and Ex Officio Clerk of
Council of the City of Bakersfield
APPROVED: MAY 091018 10"/
/
By: /
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorne
By:
ANDREW HEGLUN
Deputy City Attorney
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
CHRISTOPHER GERRY, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield,
and that on the 14th day of MaV. 2018 he posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4939 passed by the
Bakersfield City Council at a meeting held on the 9th day of May. 2018 and entitled:
ORDINANCE AMENDING SECTIONS OF THE BAKERSFIELD MUNICIPAL CODE TO
REFLECT THE NAME CHANGE FROM DEVELOPMENT DEPARTMENT TO DEVELOPMENT
SERVICES DEPARTMENT
CHRISTOPHER GERRY
Acting City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEPUTY City Clerk
S\ DOCUMENnFORMSWOP. ORD wpd
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ORIGINAL,