HomeMy WebLinkAboutORD NO 4943ORDINANCE NO. 4 9 4 3
AN ORDINANCE AMENDING SECTIONS 17.08.140 and
17.58.060, AND CHAPTER 17.61 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO ZONING.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Sections 17.08.140 and 17.58.060, and Chapter 17.61 of the Bakersfield Municipal
Code are hereby amended to read as follows:
17.61 LANDSCAPE STANDARDS.
17.61.010 Generally.
The purpose of this chapter is to establish the necessary criteria, standards and limits for
landscaping. The provisions of this section are intended to provide a transition between
and mitigate conflicts which may arise between adjacent land uses, to promote an
attractive visual harmony between the landscape and development, reduce air, noise
and visual pollution, produce a healthy, vibrant, sustainable urban forest, decrease
temperatures, increase comfort, and promote commerce and socialization, while
promoting water use efficiency. Landscaping shall conform to the Model Water
Efficient Landscaping Ordinance (MWELO) as adopted in California Code of
Regulations, Title 23, Chapter 2.7 as adopted by the state.
17.61.020 Landscaping required
A. All projects for which site plan approval is required, shall install and maintain
landscaping in accordance with the requirements of this chapter; provided
however, these landscape requirements shall not apply to projects where a current
use is expanded and the valuation of the building permit is less than fifty percent of
the replacement value of the existing improvements. If the existing uses are to be
expanded greater than fifty percent of their replacement value, the planning
director shall determine the amount and placement of landscaping needed to
comply with this section.
B. Occupancy of a use subject to these standards shall not be permitted until the
approved landscaping and irrigation has been installed, or if permitted by the
planning director, an agreement and/or surety bond or cash deposit sufficient to
cover the cost of installation which amount has been determined to complete the
work plus administration costs by the city, and such has been provided to the city
specifying completion of installation within a time specified by the Planning Director.
17.61.030 Minimum Landscape Standards
A. Installation of landscape materials and irrigation equipment shall be in accordance
with commonly accepted methods of installation as approved by the City.
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B. Trees shall be a minimum 24-inch box container size or larger and shall be vigorous
and healthy when planted. The minimum diameter of the tree trunk, as measured
at a point 4 feet up the trunk from ground level, shall be 1" for a 15-gallon container
tree, 2" for a 24-inch box container tree, and 3" for a 36-inch box container tree.
These trunk diameters shall apply throughout this chapter where tree container sizes
are specified.
C. Shrubs shall be a minimum 5-gallon container size or larger and shall be vigorous
and healthy when planted. Mass shrub planting for area coverage shall be a mix of
5-gallon (40%) and 1-gallon (60%) container size with an overage spacing of 18
inches on center. Flats shall be used for ground covers with an average spacing of
8 inches on center.
D. Shrubs and/or ground cover, including turf, shall cover no less than 75% of the
required landscaped area within 4 years of planting.
E. A landscaped area 15 feet in width on arterial and collector streets and 8 feet in
width on local streets as measured from the right-of-way line, shall be installed along
said street. The width of the landscape strip may be reduced when, in the opinion
of the Planning Director, the following conditions are met:
1. The total square footage of required landscaped area remains constant.
2. The reduction in the required width is consistent with the purposes of the
landscape regulations of this chapter.
3. In the central district (C-B and C-C zone districts) this reduction may include the
planting of street trees only to allow adequate pedestrian access consistent with
adjacent development.
F. Along street frontages, a tree shall be planted at a ratio of 1 tree per 20 lineal feet,
or portion thereof. Trees may be clustered or grouped to not conflict with required
fire lanes, public entrances/exits, utility easements, and signs provided the minimum
tree to frontage ratio is satisfied. A species mix of 30% evergreen and 70%
deciduous shall be maintained.
G. Trees shall be required to be planted within parking lots at a minimum ratio of 1 tree
for each 6 parking spaces, but shall be sufficient to achieve the minimum shading
required in paragraph H. of this section. The maximum spacing between trees shall
not exceed 65 feet.
H. Trees shall be installed and thereafter maintained throughout the parking area to
ensure that it will be shaded based on calculating the canopy area of each tree at
15 years from a master tree list approved by the Planning Director. The landscape
plan required by Section 17.08.080 shall be drawn to show that the tree canopy will
have the potential to attain shading over 40% of the total area of all uncovered
parking stalls, loading areas, drive aisles and maneuvering areas. The property
owner or the preparer of the plans shall show all shading calculations on the plan.
Truck loading docks in front of overhead doors, truck maneuvering and parking
areas unconnected to and exclusive of any required vehicle parking areas, freight
yards, and surfaced areas for automobile sales, lumber yards, and vehicle storage
are not subject to this shading requirement. o`Q�xFF9s
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Buildings with main entrances facing parking lots shall be landscaped with a
minimum of 1 tree for each 50 feet of linear building frontage or portion thereof.
Said trees shall be adjacent to the building and may also be credited for parking lot
trees if they comply with the requirements set forth in paragraphs G. and H. of this
section. Trees may be clustered or grouped to not conflict with required fire lanes,
public entrances/exits, and signs provided the minimum tree to building ratio is
satisfied. The use of vines and large shrubs is encouraged to enhance the tree
planting areas next to the building.
J. Of the total number of trees required in the parking area and for the entire project,
a minimum of 30% shall be evergreen species.
K. In addition to the trees referenced in paragraphs G., H., and I. of this section, trees
shall be installed along the property line perimeter, in the required landscape area
required by Section 17.58.050 N., of drive aisles, parking lots, loading areas and
storage areas as a buffer between office, commercial and industrial uses and
property zoned for residential uses. Said trees shall be 100% evergreen species
spaced no further apart than 20 feet on center. The minimum tree size shall be a 24 -
inch box container size if the adjacent residential zoned area is all or partially
developed and a 15 -gallon container size if the adjacent residential zoned area is
undeveloped.
L. Landscaping and irrigation shall be installed in compliance with any approved site
plan or other project approval prior to final inspection or occupancy.
M. Tree planters within the parking lot shall be a minimum of 5 feet by 5 feet (outside
dimension). Vehicles may overhang into these planters no more than 2'/2 feet
provided the tree is protected from damage by a vehicle.
N. If a drive-thru lane is located adjacent to a public street it shall be screened via one
of the following options: (1) an evergreen hedge installed at a minimum initial height
of 4 feet; or, (2) a wall or berm installed at a minimum height of 4 feet. This screen
shall be located between the drive-thru lane and public street along only that
portion of the drive-thru lane that is adjacent to the public street. Option 2 shall
include the planting of shrubs between the wall and the sidewalk. The Planning
Director may, at his or her discretion, allow the use of other similar screen if physical
constraints preclude the installation of a hedge. A taller screen may also be
required at the discretion of the Planning Director if such additional height is
necessary for adequate screening because of topographic conditions, proximity to
residential areas or other factors that would warrant special treatment.
O. An 8 -foot landscape area shall be provided between each building and the drive
aisle for multi -family projects using a common drive aisle with shared access. This
requirement shall not apply to any lot less than 10,000 square feet and, that is not
part of, or adjacent to multi -family subdivisions or other multi -family projects that
existed prior to the effective date of this ordinance (#4104, adopted January 15,
2003).
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Landscaping shall be designed to minimize overwatering and avoid runoff of
irrigation water. Soil type shall be considered in order to reduce runoff and promote
healthy plant growth. Plant selection and placement shall match the irrigation
provided.
Q. A minimum 2 -inch layer of mulch shall be applied on all exposed surfaces of
planting areas except in turf areas, creeping or rooting groundcovers, or direct
seeding application where mulch cannot be used. Stabilizing mulching products
shall be used on slopes. The mulch can be any organic material, including, but not
limited to, leaves, bark, straw, or compost; or any inorganic or synthetic material,
including, but not limited to, rock, landscape fabric or recycled rubber.
17.61.032 ADDITIONAL REQUIREMENTS.
In addition to the minimum standards contained in Section 17.61.030, the following shall
apply to those specific geographic areas as identified below:
A. Central City Area. For the purposes of this subsection, Central City Area is identified
as including all lands bounded by 23rd Street to the north, Truxtun Avenue to the
south, M Street to the east, and G Street to the west.
1. Street tree species shall be consistent with the Central City Master Street Tree
Plan as adopted by City Council Resolution No. 195-92.
B. Northeast Bakersfield. For the purposes of this subsection, Northeast Bakersfield is
identified as including all lands east of Fairfax Road (and any northern extension
thereof) and north of the Union Pacific Railroad that parallels Edison Highway.
1. New landscape areas shall consist predominately of native California trees (e.g.,
oaks and sycamores), shrubs and groundcovers mixed with ornamental species.
Planting shall occur in non-linear clusters to resemble a natural appearance.
Firescape species contained in Table 1 of Chapter 17.66 shall be used along the
perimeter of the project site adjacent to native or slope areas if outside the HD
zone district.
2. Use of boulder clusters and other native rock combinations shall be installed with
vegetation to resemble a natural distribution blending into the surrounding
native areas and/or street parkways that may contain similar design elements.
3. Along slopes, plantings shall be done with more dense and larger species of
trees and shrubs closer to streets with a gradual reduction of plantings that are
less dense with smaller species as you move further away from the streets to
provide a natural transition between the streetscape and native areas.
4. Design content shall retain the natural flora and site character as much as
possible with a subtle landscape transition between maintained and native
areas.
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5. Xeriscape and/or regional native plant selections shall be used to revegetate
any disturbed areas outside the project area, unless city ordinances, resolutions,
or conditions of approval state otherwise.
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.
7. These standards do not apply to residential projects that contain four units or less
and that are not part of a larger multiple -family subdivision with more than four
lots.
17.61.040 LANDSCAPE MAINTENANCE.
A. Landscapes shall be regularly inspected and maintained to ensure water efficiency
and keep plants in a healthy condition. Maintenance shall include, but is not limited
to, programmed watering, fertilizing and soil amendment applications, weed
control, cleaning, pruning, trimming, pest control, replenishing mulch and
cultivating. Tree topping shall not be permitted except when necessary for the
protection of public safety, property damage or liability.
B. Landscape structural features shall be maintained in sound structural and attractive
condition.
C. All plant material shall be serviced by a permanently installed, electrically
automated irrigation system. Project sites containing two thousand five hundred
square feet or more of landscaped area must have a controller that can be
programmed to accommodate different landscape hydrozones and the controller
shall be equipped with a battery backup to preserve the controller settings in case
of an electrical system interruption.
D. Tree pruning shall follow the International Society of Arboriculture (ISA) pruning
guidelines. This subsection does not apply to utility companies trimming trees for the
purpose of providing necessary clearance for power lines.
E. All plants and irrigation systems shall be maintained as originally approved unless
otherwise approved by the city. The city can, at any time, require landscaping and
irrigation to be replaced and/or reinstalled in accordance with the approved plans
and requirements of the State's Model Water Efficient Landscaping Ordinance
(MWELO).
F. Failure to maintain landscaping and/or irrigation systems as provided in the project's
approved landscape plan shall result in the issuance of a citation and if not abated,
may include civil penalties.
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17.61.050 TREE PRESERVATION AND PROTECTION.
A. Replacement planting must conform to the original intent of the landscape design
and adhere to the State's Model Water Efficient Landscaping Ordinance (MWELO).
B. Trees voluntarily removed from an existing project, except when necessary for the
protection of public safety, property damage, or liability, or damage or loss by acts
of nature, the willful unlawful acts of persons other than the property owner, or by
complying with other federal or state laws or actions, shall be replaced at the
average size of what is or was existing not to exceed a 48 -inch box container size.
Said trees shall be replaced within one hundred twenty days of removal. Trees shall
be the same species as shown on the project's approved landscape plan or
otherwise meet the provisions of this chapter.
C. Failure to replace existing tress as required by this Chapter shall be subject to the
issuance of notices of violations, correction orders, citations, and any administrative
remedies provided under the Bakersfield Municipal Code or applicable state law.
17.61.060 LANDSCAPE PLAN REQUIREMENTS.
A. A workable scale (preferred - 1 inch equals 20 feet or larger) and north arrow;
B. Property lines, overhead and underground power easements;
C. Dimensions;
D. Location of all trees and shrubs. Mature tree head diameter shall be depicted to
scale;
E. Existing and proposed structures, including anticipated signs (both freestanding and
wall);
F. Existing natural features (note on plan to be removed or retained);
G. Irrigation system plan shall include, but not be limited to, main and lateral lines,
valves, sprinkler heads, any moisture sensing devises, any rain switches, pressure
regulators and backflow prevention device(s), and drainage locations, description
of irrigation controller and ability to accommodate different hydrozones.
H. A plant specification list:
1. Keyed to the plan,
2. Estimated sizes at planting and at maturity,
3. Head diameter of trees at 15 years and whether the tree is evergreen or
deciduous,
4. Containersizes, Q�TF9
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5. Quantity of each,
6. Percent of parking lot shading which will result from tree landscaping calculated
in accordance with this section,
7. Percent of evergreen trees located in parking lot and percent located along
project perimeter,
8. Botanical and common plant names.
I. If grading for slopes occurs within the landscaping area, then grading shall be
designed to minimize soil erosion, runoff and water waste.
J. Compliance with the Model Water Efficient Landscaping Ordinance (MWELO) for
projects that propose new landscaping as follows are required to submit
documentation to the Planning Director that may include, but not limited to, the
checklist and certification of compliance forms provided by the Planning Director,
and such other information and documentation as may be required by the Planning
Director:
1. New landscaping encompassing equal to or greater 500 square feet;
2. Rehabilitation of landscape area encompassing equal to or greater than 1,000
square feet.
3. Any project of landscape area encompassing equal to or greater than to 2,500
square feet.
17.58.060 PARKING LOTS.
A. All parking lots shall be paved, including driveways, drive aisles and loading areas,
with concrete, asphaltic concrete, or any other paved street surfacing material
approved by the City Engineer. Unless otherwise approved by the City Engineer, if
asphaltic concrete is used, it shall be a minimum thickness of 2 inches over 3 inches
of approved base material with adequate drainage provided; if concrete is used, it
shall be a minimum thickness of 4 inches.
B. Lighting shall be installed in all parking lots and parking garages which
accommodate passenger vehicles, with the exception of parking areas for
residential projects with 4 units or less, in compliance with the following provisions:
1. Illumination shall be generally distributed across the parking area and
operational during business hours. Lighting shall be designed and arranged in
such a manner so that light is directed downward and is reflected away from
adjacent properties and streets. The Building Official may at any time require
use of glare shields or baffles for glare reduction or control of backlight.
2. Light poles, standards and fixtures including bases or pedestals, shall not exceed
a height of 40 feet. Light sources less than 50 feet from the property line of any
residentially zoned or designated lot or existing residential development shall not(����9
exceed a height of 15 feet. o s
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3. Lighting sources, fixtures and related structures shall be maintained in sound
operating condition at all times. Maintenance shall include but is not limited to
replacement of broken lenses, burned out light sources, adjustments to fixture tilt,
cleaning of fixtures and lenses, painting of standards and replacement of shields
or baffles.
4. All parking lots established prior to the effective date of this subsection shall be
exempt from the provisions of this subsection; however, at such time changes or
modifications occur on the site that necessitates a site plan review pursuant to
Chapter 17.08, the Planning Director or designee shall determine whether some
or all said provisions will be implemented under the approved site plan.
C. No parking lot for any number of automobiles shall have conducted upon it any
dead storage, dismantling, or sale of vehicles, or any repair or servicing of vehicles
other than that of an emergency nature.
D. Sales or storage of materials and merchandise, including seasonal merchandise
shall not be permitted in any required parking or loading area but shall be within a
screened area dedicated for such use.
E. Any parking lot with more than 10 spaces adjacent to a public street shall be
screened via one of the following options: (1) landscaped berms, (2) retaining walls,
(3) evergreen hedges or (4) a combination thereof, a minimum height of 48 inches
at the time of installation, as measured from the adjacent parking lot top of
pavement. Option 2 shall include the planting of shrubs between the wall and the
sidewalk.
F. Shopping cart corrals, if provided, shall not be located within required parking stalls,
drive aisles or loading areas.
17.08.140 DESIGN STANDARDS FOR LARGE RETAIL DEVELOPMENTS
A. Purpose.
Bakersfield is concerned with the future design of its commercial areas, specifically
with the growth of large retail developments that include big box stores. At the
some time, it is important to encourage economic development. These standards
help mitigate unwanted design, while encouraging developers to incorporate good
community architecture that enhances the city's character and quality of life. In
addition to the requirements herein, all landscaping projects shall adhere to that
certain Model Water Efficient Landscaping Ordinance (MWELO) as adopted in
California Code of Regulations, Title 23, Chapter 2.7 as adopted by the state.
B. Applicability.
1. These standards shall apply to large retail developments throughout the city
within all commercial zone districts, and all nonresidential zones where the
development contains retail commercial components, including but not limited
to Planned Unit Development zones, industrial zones, and recreation/openo<�'��F9s
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space zones. These standards also apply to all specific plan areas unless the
plan has standards that are more restrictive. In Northeast Bakersfield, the
building design standards in subsection C of this section shall apply to all
commercial and industrial projects, regardless of size, which are subject to site
plan review.
2. These standards are in addition to any other development requirements as
required by this title, including but not limited to zone district regulations, signs,
parking, landscaping, and accessory uses.
3. Expansion to existing Large Retail Developments.
a. An addition to an existing large retail development that was initially subject to
these standards shall be required to comply with the requirements of this
section.
b. An addition to an existing large retail development that was not previously
subject to the requirements of this section, is required to comply with this
section if the gross floor area of such establishment as a single expansion or
cumulatively since the adoption of this ordinance is increased by 50 percent
or more, or the addition is such that it creates a large retail development and
that addition increases the gross floor area of such building by 50 percent or
more as a single expansion or cumulatively since the adoption of this
ordinance.
4. Reference may be made in this subsection to specific geographic areas, which
are defined as follows:
a. Northeast Bakersfield - includes all lands east of Fairfax Road (and any
northern extension thereof) and north of the Union Pacific Railroad that
parallels Edison Highway.
C. Building Design Standards.
Exterior building walls and facades over 100 feet in length shall incorporate wall
plane projections or recesses with a depth of at least 3 percent of the length of
the facade and extending along at least 20 percent of the length of the facade.
No facade shall have an uninterrupted length of flat wall that exceeds 100
horizontal feet. Facades that face public streets shall include arcades, display
windows, entry areas, or other such permanent features along no less than 60
percent of their horizontal length.
2. All building facades must include no less than three of the following elements. At
least one of the elements (a, b or c), shall occur horizontally. All elements shall
occur at intervals of no more than 30 feet, either horizontally or vertically.
a. Color change;
b. Texture change;
c. Material change;
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d. An expression of architectural or structural bays through a change in plane
no less than 12 inches in width, such as an offset, reveal or projecting rib, or
other architecturally appropriate feature.
3. Where large retail developments contain smaller additional, separately owned
stores that occupy less than 25,000 square feet of gross floor area with separate,
exterior customer entrances, the street level fagade of such stores shall be
transparent between the height of 3 feet and 8 feet above the walkway grade
for no less than 60 percent of the horizontal length of the building of such
additional stores. Windows shall be recessed and include visually prominent sills,
shutters, or other such forms of framing.
4. In multiple building developments, each individual building shall include
prominent architectural characteristics shared by all buildings in the center so
that the development forms a cohesive sense of place.
5. Rooflines shall be varied with a change in height every 100 linear feet of the
building length. Parapets, mansard roofs, gable roofs, hip roofs, or dormers shall
be used to conceal flat roofs and roof top equipment from public view.
Alternating lengths and designs of the roofline are acceptable. If parapets are
used, they shall not at any point exceed one third (1/3) of the height of the
supporting wall. All parapets shall feature three-dimensional cornice treatment.
6. Exterior building materials shall be high quality materials, including, but not
limited to, brick, sandstone, and other native stone, manufactured stone
(realistic), wood, glass, decorative metal elements, and tinted/textured concrete
masonry units, including stucco and synthetic stucco -type materials.
a. For projects in Northeast Bakersfield, building materials consisting of river rock,
native stone, cobblestone, ledge stone, rough -sawn timbers, and logs, either
as a single element or combination thereof, shall be used as the predominate
theme throughout the project area.
7. Primary facade colors shall be low reflectance, subtle colors over primary, bold
or dramatic colors. The use of reflective metallic or fluorescent colors is
discouraged. However, building trim and accent areas may feature brighter
colors, including primary colors. Paint applied over brick, stone and concrete is
prohibited.
a. For projects in Northeast Bakersfield, the predominate color palette shall
consist of earth and natural toned colors that blend with the surrounding
area. A variety of these colors is encouraged to allow individuality but
maintain a cohesive sense of place for the entire center.
8. Finished exterior building materials shall not include smooth -faced concrete
block, tilt -up concrete panels or prefabricated steel panels.
9. Entryways.
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a. At least two sides of a large retail development shall feature customer
entrances. The two required sides shall be those planned to have the highest
level of public pedestrian activity. One of the sides shall be that which most
directly faces a primary public or private street with pedestrian access. The
other may face a second street with pedestrian access or the main parking
lot area if there is no second street. All entrances shall be architecturally
prominent and clearly visible from the abutting public street.
b. Public entrances must include architectural elements that emphasize the
entry. Each large retail development on a site shall have clearly defined,
highly visible customer entrances featuring no less than three of the following:
i. Canopies or porticos;
H. Overhangs;
iii. Recesses/projections;
iv. Arcades;
V. Raised corniced parapets over the door;
vi. Peaked roof forms or towers;
vii. Arches;
viii. Plazas or outdoor patios;
ix. Display windows;
X. Fountains or other water features;
A. Architectural details such as file work and moldings that are integrated
into the building structure and design;
xii. Integral planters or wing walls that incorporate landscaped areas
and/or places for sitting.
c. Where additional stores will be located in the large retail development, each
such store shall have at least one (1 ) exterior customer entrance, which shall
conform to the above requirements.
d. Weather protection elements shall be provided at all public entrances.
D. Parking lot design.
No more than 60 percent of the off-street parking area for the entire area of land
devoted to the large retail development shall be located between the front
facade of the large retail development and the abutting streets unless the
parking lots are screened from view by other freestanding pad buildings, or
landscaping with trees and incorporating berms, retaining walls, hedges, or
combination thereof at least 4 feet high, plazas, water elements, or other such
features that diminish the visual impression of a mass parking lot from the public
right-of-ways. Option 2 shall include the planting of shrubs between the wall and
the sidewalk.
2. Parking lots shall be divided into sections of 200 spaces or less with internal
pedestrian walkways, buildings or landscaped open areas. Pedestrian ways shall
be subject to the provisions of subsection E of this section.
3. Areas for bicycle parking shall be provided throughout the center and shall not
interfere with pedestrian walkways.
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4. If shopping carts are to be provided, cart corrals shall be installed and generally
distributed across parking area.
E. Pedestrian Circulation.
1. Meandering sidewalks at least 6 feet in width shall be provided along all sides of
the large retail development that abuts a public street.
2. Continuous internal pedestrian walkways, no less than 6 feet in width, shall be
provided from a public sidewalk or right-of-way to the principal customer
entrances of all large retail developments on the site, including all freestanding
pad buildings. Pedestrian walkways shall link all buildings in the development. At
a minimum, walkways shall connect focal points of pedestrian activity such as,
but not limited to, transit stops, street crossings, building and store entry points,
and shall feature adjoining landscaped areas that include trees, shrubs,
benches, flower beds, ground covers or other such materials for no less than 50
percent of the length of the walkway. Use of decorative arbors, freestanding
arcades or other weather protection structures is permitted.
3. Sidewalks, no less than 6 feet in width, shall be provided along the full length of
the building along any facade featuring a customer entrance, and along any
facade abutting public parking areas. Such sidewalks shall be located at least
six (6) feet from the facade of the building to provide planting beds for
foundation landscaping, except where features such as arcades or entryways
are part of the facade.
4. All internal pedestrian walkways shall be clearly distinguished from driving
surfaces using durable, low maintenance surface materials such as pavers, bricks
or scored concrete to enhance pedestrian safety and comfort, as well as the
attractiveness of the walkways.
5. Parked vehicles shall not overhang into any pedestrian walkways
6. Pedestrian access to adjacent residential neighborhoods shall be provided
where local streets abut the project. This access shall connect directly to focal
points in the project such as, but not limited to, community/public spaces, main
building or store entries, or transit stops without traversing through loading areas,
buildings rears, etc. These pedestrian walkways shall be clearly distinguished
from driving surfaces using durable, low maintenance surface materials such as
pavers, bricks or scored concrete to enhance pedestrian safety and comfort, as
well as the attractiveness of the walkways.
F. Central Features and Community Space.
Each retail establishment subject to the standards in this section shall contribute to
the establishment or enhancement of community and public spaces by providing
at least two (2) of the following:
1. Pedestrian plaza or patio with seating;
2. Transportation/transit center; p,A"Fy
3. Covered window shopping walkway along at least 75% of primary building; s•
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4. Outdoor playground area;
5. Waterfeature;
6. Clock tower;
7. Any other such deliberately shaped area and/or focal feature or amenity that
enhances the community and public spaces of the center.
Any such areas shall have direct access to the public sidewalk network and such
features shall not be constructed of materials that are inferior to the principal
materials of the building and landscape.
G. Delivery/Loading and Solid Waste Operations.
1. No delivery, loading, trash removal or compaction, or other such operations shall
be within 30 feet of any properties zoned or developed with residential uses.
2. In addition to compliance with the Noise Level Performance Standards Table in
the Noise Element of the Metropolitan General Plan for exterior
daytime/nighttime exterior noise levels, other than trash removal by the city or its
contractors, all loading, unloading, delivery, private refuse collection and related
operations shall not be permitted between the hours of 10:00 pm and 7:00 am
adjacent to any land zoned or developed with residential uses. These activities
may occur if the developer submits evidence to the city that sound mitigation
will reduce the noise generated by such operations to less than 3 dBA above the
measured background noise level at the some period for any three continuous
minutes in any hour during the operation as measured at the property line
adjacent to said residential lands. Evidence of compliance must include
background data (without the subject equipment operating) at said property
line for the subject period, modeling results or test data from the proposed
equipment, or noise data gathered from a similar location if approved by the
city.
3. Loading docks shall include separate walls for noise attenuation adjacent to
residential areas and be screened with landscaping (evergreen trees 20 feet on
center) so the loading docks are not visible from residential areas or public
streets.
4. Trash pickup areas shall not be visible from public streets unless the enclosure
areas are architecturally designed matching the design of the center.
H. Storage, Seasonal Sales, Miscellaneous.
Storage of materials and merchandise is prohibited unless screened with in
accordance with This Title, including use of landscaping. Vending equipment
and shopping cart storage areas must be screened from public view and not
impede pedestrian ways.
2. Seasonal sales of merchandise shall not be permitted in any required parking
area but shall be within a screened area dedicated for such use.
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Page 13 of 15 Pages
ORIGINAL
3. Truck trailers shall not remain on the site for more than 48 hours (loading and
unloading only). Truck or trailer storage, or use of trailers for product storage is
prohibited.
4. Metal storage containers as defined in Section 17.04.464 and any other portable
storage containers for permanent or temporary use, except for construction
and/or remodeling purposes, are prohibited.
SECTION 2.
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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Page 14 of 15 Pages o
on]GINAL
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
SEP 0 5 2019 by the following vote:
AYES COUNCILMEMBER: RIVERA, GONZALES,WEIR, SMITH, FREEMAN, SULLIVAN, EARLIER
NOES: COUNCILMEMBER: - MU'AQ
ABSTAIN: COUNCILMEMBER: t\KtK,
ABSENT: COUNCILMEMBER: k14OM—
id k'A, ,%'
CHRISTOPHER GERRY
ACTING CITY CLERK and Ex Officio Clerk of
Council of the City of Bakersfield
APPROVED: SEP 05 2919
By: 44 .wlo
KAREN
OH
Mayor Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
RICHARD IGER
Deputy City Attorney
OAKF
Page 15 of 15 Pages =
o
OP,IGINAL
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 7th day of September. 2018 he posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4943, passed by the
Bakersfield City Council at a meeting held on the 5th day of September. 2018 and
entitled:
AN ORDINANCE AMENDING SECTIONS 17.08.140 AND 17.58.060, AND CHAPTER
17.61 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ZONING.
Acting City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: �L'0wz
DEPJdTY City CI rk
S:\D000MENT ORMSWOP. ORD pd