HomeMy WebLinkAbout07/20/2020
Staff: Committee Members:
Jacqui Kitchen, Assistant City Manager Councilmember, Chris Parlier – Chair
Councilmember, Andrae Gonzales
Councilmember, Jacquie Sullivan
Regular Meeting of the
Legislative and Litigation Committee
of the City Council – City of Bakersfield
Monday, July 20, 2020
12:00 p.m.
City Hall North, First Floor, Conference Room A
1600 Truxtun Avenue, Bakersfield CA 93301
A G E N D A
1. ROLL CALL
2. ADOPT FEBRUARY 24, 2020 AGENDA SUMMARY REPORT
3. PUBLIC STATEMENTS
4. NEW BUSINESS
A. Committee Discussion and Recommendation Regarding State Route 58 Freeway
Signs – Boyle/Johnson
5. DEFERRED BUSINESS
A. Committee Discussion and Recommendation Regarding Junk Vehicles –
Boyle/Burns
6. COMMITTEE COMMENTS
7. ADJOURNMENT
SPECIAL NOTICE
Public Participation and Accessibility
July 20, 2020 Legislative and Litigation Committee
On March 18, 2020, Governor Gavin Newsom issued Executive Order N-29-20, which
includes a waiver of Brown Act provisions requiring physical presence of the Committee
members or the public in light of the COVID-19 pandemic.
Legislative and Litigation Committee
Regular Meeting July 20, 2020 Agenda
Page 2
Based on guidance from the California Governor’s Office and Department of Public
Health, as well as the County Health Officer, in order to minimize the potential spread of
the COVID-19 virus, the City of Bakersfield hereby provides notice that as a result of the
declared federal, state, and local health emergencies, and in light of the Governor’s
order, the following adjustments have been made:
1. The meeting scheduled for July 20, 2020, at 12:00 p.m. will have limited
public access.
2. Consistent with the Executive Order, Committee members may elect to
attend the meeting telephonically and to participate in the meeting to
the same extent as if they were physically present.
3. The public may participate in each meeting and address the Committee
as follows:
If you wish to comment on a specific agenda item, submit your
comment via email to the City Clerk
at City_Clerk@bakersfieldcity.us no later than 8:00 a.m. Monday, the
day of the Committee meeting. Please clearly indicate which
agenda item number your comment pertains to.
If you wish to make a general public comment not related to a
specific agenda item, submit your comment via email to the City
Clerk at City_Clerk@bakersfieldcity.us no later than 8:00 a.m.
Monday, the day of the Committee meeting.
Alternatively, you may comment by calling (661) 326-3100 and
leaving a voicemail of no more than 3 minutes no later than 8:00
a.m. Monday, the day of the Committee meeting. Your message
must clearly indicate whether your comment relates to a particular
agenda item, or is a general public comment. If your comment
meets the foregoing criteria, it will be transcribed as accurately as
possible.
If you wish to make a comment on a specific agenda item as it is
being heard, please email your written comment to the City Clerk
at City_Clerk@bakersfieldcity.us. All comments received during the
meeting may not be read, but will be provided to the Committee
and included as part of the permanent public record of the
meeting.
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Committee Members
Staff: Jacqui Kitchen Councilmember, Chris Parlier, Chair
Assistant City Manager Councilmember, Jacquie Sullivan
Councilmember, Andrae Gonzales
SPECIAL MEETING OF THE LEGISLATIVE AND LITIGATION COMMITTEE Monday, February 24, 2020 12:00 p.m. City Hall North, First Floor, Conference Room A 1600 Truxtun Avenue, Bakersfield, CA 93301
AGENDA SUMMARY REPORT
The meeting was called to order at 12:00 p.m.
1. ROLL CALL
Committee members Present:
Councilmember, Chris Parlier, Chair
Councilmember, Andrae Gonzales
Councilmember, Jacquie Sullivan
City Staff:
Ginny Gennaro, Interim City Manager
Jacqui Kitchen, Assistant City Manager
Brianna Carrier, Administrative Analyst III
Nathan Gutierrez, Management Assistant
Joe Conroy, Public Information Officer
Richard Iger, Interim City Attorney
Viridiana Gallardo-King, Christina Oleson, Deputy City Attorney I
Dianne Hoover, Parks and Recreation Director
Christopher Boyle, Development Services Director
Phil Burns, Building Director
Jeff Burdick, Police Lieutenant
Jeremy Grimes, Police Captain
Others Present:
Member of the Public
/S/ Jacqui Kitchen
DRAFT
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2. ADOPT AUGUST 12, 2019 AGENDA SUMMARY REPORT
The Report was adopted as submitted.
3. PUBLIC STATEMENTS
There were no public statements.
4. NEW BUSINESS
A. Discussion and Committee Recommendation Regarding Adoption of the 2020
Committee Meeting Schedule – Kitchen
The Committee meeting schedule was adopted as summitted.
B. Discussion and Committee Recommendation Regarding Junk Vehicles – Boyle/Burns
Development Services Director Boyles introduced Building Director Burns who provided
a PowerPoint presentation summarizing the Junk Vehicle Ordinance memorandum
provided in the packet.
Committee member Gonzales stated that junk vehicles be registered and legally
operable on public streets.
Committee Chair Parlier requested that junk vehicles be required to use self-securing
tarps and that no other objects be used to hold tarps down. He also requested staff
research the ordinances of other cities to determine how they address junk vehicles
and present the information at a future meeting.
C. Discussion and Committee Recommendation Regarding Shopping Carts –
Iger/Gallardo King
Deputy City Attorney Gallardo-King provided a PowerPoint presentation summarizing
the current Shopping Cart Ordinance and potential revisions to it.
Committee member Gonzales requested staff create a log and track abandoned
carts that have been collected by Solid Waste.
Committee Chair Parlier requested staff reach out to local stores who have a large
number of abandoned carts reported by way of correspondence.
Interim City Manager Gennaro stated that the City Attorney's Office would reach out
to local stores who have a large number of abandoned carts.
5. COMMITTEE COMMENTS
There were no committee comments.
6. ADJOURNMENT
The meeting adjourned at 12:51 p.m.
DRAFT
MEMORANDUM
July 20, 2020
TO: LEGISLATIVE AND LITIGATION COMMITTEE
Chris Parlier, Chair
Andrea Gonzales
Jacquie Sullivan
FROM: Paul Johnson, Planning Director
THRU: Christopher Boyle, Development Services Director
SUBJECT: State Route 58 Freeway Signs
This memo is prepared in response to a referral from Mayor Goh at the May 6, 2020 City Council meeting for staff
to provide information on sign height along State Route (SR) 58 in response to a business’ desire to install signage
that is taller than allowed per ordinance.
ANALYSIS
Sign Ordinance
The purpose of the Sign Ordinance (Title 17.60) is to promote the growth of the city in an orderly and attractive
manner and to provide standards to safeguard life, health, property and public welfare by regulating and
controlling the type, number, area, height, quality of materials, construction, illumination, location and
maintenance of all signs and sign structures.
Sign Definitions
A “sign” is defined by the ordinance as every message, announcement, device, declaration, demonstration,
display, illustration, insignia, advertising statuary, surface or space, including the supporting structure and
component parts, erected or maintained for attraction of, attention to, identification of or advertisement of a
business, profession, product or service. A “freeway oriented” sign identifies premises where food, lodging and
places of business engage in supplying goods and services essential to the normal operation of motor vehicles,
and which are directly dependent upon an adjacent freeway.
History
Characteristics of SR-99. Development along this major north-south freeway through the city has occurred around
each interchange consists of predominantly commercial uses that depend upon travelers such as fuel, food, and
lodging facilities. Taller "freeway oriented” signs have been allowed along SR-99 since the mid-1970s. Residential
development is limited within close proximity to these interchanges, in part due to the amount of traffic and
related commercial activity. Additionally, the interchanges have City arterial roadways to accommodate the
volume of traffic associated with such businesses.
Freeway oriented signs along SR-99 are located in eight distinct rectangular areas 2,000 feet in width and 3,000
feet in length, the center of which is concentric with the interchange point between the centerline of the freeway
and accessible surface street. The eight interchanges are generally located as follows (see Attachment A):
1) SR-99 & Olive Drive;
2) SR-99 & Airport Drive, except that said rectangular area shall extend south to Gilmore Avenue;
3) SR-99 & State Highways 58/178 (Rosedale Highway/24th Street);
4) SR-99 & California Avenue;
5) SR-99 & Ming Avenue;
6) SR-99 & White Lane;
7) SR-99 & Panama Lane;
8) SR-99 & State Highway 119 (Taft Highway).
Characteristics of SR-58. Development around SR-58's interchanges within Bakersfield city limits consists of
limited fuel, food, and lodging facilities. Those businesses that currently exist at these interchanges generally serve
local demand. There are, however, taller signs along SR-58 located in the unincorporated territory (SR-58 &
Weedpatch Hwy, and SR-58 & Oswell). Staff notes the City of Bakersfield has stricter sign requirements than the
County of Kern. Residential is a more predominant land use between the SR-99 interchange and the eastern city
limits, although a pocket of industrial/commercial development is located between Cottonwood Road and Oswell
Street (see Attachment B). Taller pylon signs around residential development are generally considered visually
intrusive/objectionable.
Aesthetic Preservation of the City. In 2003, the City Council made a referral requesting staff review the sign
ordinance and examine the issue of further restricting signs along the freeways except for those necessary for
freeway services such as food, lodging and automotive service. At that time, staff concluded: (1) the city's existing
regulations for signs do a good job of limiting signage along the freeway corridors; (2) areas in the city have much
more strict requirements than in the unincorporated areas; (3) because of parallel streets to the freeways and
those areas where the freeway is elevated, there will always be a few non-freeway oriented signs that will be
visible; and (4) nonconforming signs have slowly disappeared to where few non-freeway business signs exist.
Based on staff's findings, no major changes to the ordinance were required; however, staff recognized that some
enhancements were necessary to help protect new freeway corridors and to clarify sections of the ordinance
concerning freeway frontages by: (1) amending ordinance to prohibit pylon signs along that new expressway; and
(2) clarifying language that freeway frontages are considered non-street frontages for limiting signs (see
Attachment C).
Past request to add Freeway Signage on Hwy 58. In 2010, the Arco AM/PM (Brundage Lane & South H Street)
requested City Council consider permitting taller freestanding pylon signs for freeway-oriented businesses along
SR-58 similar to what is permitted along SR-99. The request specifically included an amendment to the City's
ordinance which would allow such signs to be increased to fifty-eight (58) feet in height.
At that time, staff noted that a comprehensive review of the City's sign regulations was conducted in the mid-
1990s by the City's Planning Commission and expansion of the locations of "freeway oriented signs" was
considered. The expansion to the interchanges located along SR-58 was also considered. The Planning Commission
determined that since the development around SR-58's interchanges generally are not directly dependent upon
an adjacent freeway, there was no reason to expand the locations of freeway oriented signs along SR-58. The
Planning Commission was also concerned that the taller signs would negatively impact nearby residents. With
regard to the public request; staff has determined there would be no public benefit derived by expanding the
freeway oriented signs along SR-58 and that the concern noted by the Planning Commission of the potential
negative impact of taller signs on nearby residential development was still valid (see Attachment D).
Current Regulations
As reflected in the following table, “Business Identification” signs are regulated by the zone district in which they
are located; specifically, the commercial and industrial zones. Business Identification signs along freeways can
include pylon, freeway oriented, and billboards. Freeway oriented signs are only allowed within eight
interchanges along SR-99 as described above.
Pylon Signs Freeway Oriented Signs Billboard Signs
Zone District Max Height Max Area Max Height Max Area Max Height Max Area
Commercial
C-O 8 ft 32 sq ft -- -- -- --
C-1 25 ft 150 sq ft 75 ft 350 sq ft -- --
C-2 35 ft 250 sq ft 75 ft 350 sq ft 35 ft 300 sq ft
C-B 35 ft 250 sq ft -- -- -- --
C-C 35 ft 250 sq ft 75 ft 350 sq ft -- --
Industrial
M-1 35 ft 250 sq ft 75 ft 350 sq ft 50 ft 300 sq ft
M-2 35 ft 250 sq ft 75 ft 350 sq ft 50 ft 300 sq ft
M-3 35 ft 250 sq ft 75 ft 350 sq ft 50 ft 300 sq ft
RECOMMENDATION
How the public uses signage is constantly evolving, especially since smartphones have transformed how, when,
and where people access information. Technology has also changed the way travelers locate services along their
route. Visual cues from tall freeway signs that can be seen from far in the distance are becoming less effective
compared to asking for virtual assistance to the nearest fuel station or convenience store (e.g., Siri, Google, etc.).
Smartphones, and other interactive mapping tools, generally provide the most up-to-date information with regard
to points of interest. The purpose of signage is changing.
The potential negative impact of taller signs on nearby residential development remains valid. Therefore, should
there be a desire to install signage that is taller than allowed per ordinance along SR-58, consideration should be
given to the following:
1) Limit to specific interchanges where there is minimal residential zoning and a predominance of commercial
and industrial zones (e.g., SR-58 & Mt Vernon Avenue, and SR-58 & Oswell Street).
2) Limit sign height to 58 feet or other determined height.
3) Require signs be thematically linked to let travelers know they are entering Bakersfield.
NEXT STEPS
Provide staff direction.
ATTACHMENTS
A: SR-99 Freeway Oriented Sign Location
B: SR-58 Zoning
C: Memo Dated August 21, 2003
D: Memo Dated August 6, 2010
Attachment A
(SR-99 Freeway Oriented Sign Location)
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SCALE = 1:41,500
DATE: 11/1/2012
SIGN_PLAN_AREAS.mxd
0 8,000 16,000
Feet
CITY OF BAKERSFIELD - SIGN PLANS
LEGEND
AUTO MALL SIGN AREA
COMPREHENSIVE SIGN PLAN
FREEWAY ORIENTED SIGN
FREESTANDING PYLON SIGNS PROHIBITED
CITY LIMITS
Attachment B
(SR-58 Zoning)
Attachment C
(August 21, 2003 Memo)
Attachment D
(August 6, 2010 Memo)
BAKERSFIELD
CITY MANAGER'S OFFICE
MEMORANDUM
---------------------------------- ----------------
---------.--~ August 6,201 0
TO: Alan Tandy, City Manager
1
FROM: Rick Kirkwood, Management Assistant &/-
Jim Eggert, Planning Director
SUBJECT: Sign Height on State Route 58
Council Referral No. 180
Background:
During Public Statements at the June 30, 2010 City Council meeting, Mr. Balkar
Bisla requested the City Council consider permitting taller freestanding pylon
signs for freeway-oriented businesses along State Route (SR-) 58 similar to what is
permitted along SR-99. The request specifically included an amendment to the
City's ordinance which would allow such signs to be increased to fifty-eight (58)
feet in height.
- - - - - - - - - - -
For different zoning districts, the Zoning Ordinance' regulates the maximum
height and area of pylon signs as follows:
Zone Max. Height (feet) Max. Area (square feet)
C- 1 25 1 50
C-2 35 - - - - - - - - - - - ----------- 250~~~~~~~~~~~~~
~ - - - - - - - - - .....................
--M-------- 30 175
Dual referral to the City Manager's Office and Planning.
Councilmember Benham requested that staff research the issue of raising the
sign limit heig h+ from 35 feet to 58 feet on S-tate R~oute 58; and, if -necessary, - - - ~ - - - - - - -
have the Planning and Development Committee discuss the issue.
Mr. Bisla is the owner of the Arco AMIPM facility at the southwest corner of
Brundage Lane and South "H" Street. This property is zoned C-2 and, therefore,
a pylon sign is currently limited to a height of 35 feet for this business.
Alan Tandy - Sign Height on State Route 58
August 6,201 0
Page 2
"Freeway Oriented Signs"
The Zoning Ordinance provides for "freeway oriented signs" ii, which identify
premises where food, lodging and places of business engaged in supplying
goods and services essential to the normal operation of motor vehicles, and
which are directly dependent upon an adjacent freeway.
There are currently six intersections along SR-99 with specific areas that have
been designated to provide for one (1) allowable onsite pylon sign to be
increased to a maximum height of seventy-five (75) feet and area of three
hundred-fifty (350) square feet. These intersections include:
Airport Drive;
State Highways 5811 78 (Rosedale Highway124th Street);
California Avenue;
Ming Avenue;
White Lane; and,
Panama Lane.
Characteristics of SR-99 and SR-58:
S R-99:
SR-99 is a major north-south freeway through the city and development that has
occurred around each interchange consists of predominantly commercial uses
that depend upon travelers such as fuel, food and lodging facilities. Taller
"freeway oriented signs" have been allowed along SR-99 since the mid-1 970s.
Residential development has not occurred within close proximity to these
intersections due to the amount of traffic and related commercial activity.
Additionally, all of the interchanges have City arterial roadways to
accommodate the volume of traffic associated with such businesses.
SR-58:
Development around SR-58's interchanges within the city limits consists of very
few fuel, food and lodging facilities. Those businesses that currently exist near
any of these interchanges generally serve local demand. Residential is the
predominant land use between SR-99 and Union Avenue, as well as much of the
area around Oswell Street. Taller pylon signs around residential development
are generally considered visually objectionable. Additionally, the interchanges
at "H" StreetISouth "H" Street and Dr. Martin Luther King, Jr. Blvd/Cottonwood
Road have City collector streets which generally accommodate local rather
than regional or through traffic. With the exception of the intersections located
at Mt. Vernon AvenueISouth Mt. Vernon Avenue and Oswell StreetISouth Oswell
Street, on- and off-ramps are considered cumbersome to navigate which
discourages regional or through traffic from taking these exits as compared with
those located along SR-99.
Alan Tandy - Sign Height on State Route 58
August 6,201 0
Page 3
There is one freeway-oriented development located at the interchange of SR-58
and SR-184 (Weedpatch Highway), which is located within the unincorporated
territory. Development at this location is oriented toward regional or through
traffic, rather than local traffic, with many restaurants, a truck stop, motels and
fueling stations. The County of Kern Planning and Community Development
Department indicates that it has approved taller signs up to fifty (50) feet with
variances for these businesses due to their dependency on travelers upon the
adjacent freeway. This is the only interchange that has been allowed to have
~~~ ~~~ taller-pylon signs along SR-58-in -the-metropoiitan area; - - - ~ - - - ~ ~ - - ~ ~ ~ - ~ ~ ~ ~ - -
Summary and Conclusion:
A comprehensive review of the City's sign regulations was conducted in the
mid-1990s by the City's Planning Commission and expansion of the locations of
"freeway oriented signs" was considered. The expansion to the interchanges
located along SR-58 was also considered. The Planning Commission determined
that since the development around SR-58's interchanges generally serves local
demand and is not directly dependent upon an adjacent freeway there was no
reason to expand the locations of "freeway oriented signs" along SR-58. The
Planning Commission was also concerned that the taller signs would negatively
impact nearby residents.
with regard toMr. Bisla's request; staff has determined that there would be no
public benefit derived by expanding the "freeway oriented signs" along SR-58
and that the concern noted by the Planning Commission of the potential
negative impact of taller signs on nearby residential development is still valid.
i Bakersfield Municipal Code Section 17.60.060 B - Sign development standards.
Bakersfield Municipal Code Section 17.60.070 D - Specialized signs.
MEMORANDUM
July 20, 2020
TO: LEGISLATIVE AND LITIGATION COMMITTEE
Chris Parlier, Chair
Andrae Gonzales
Jacquie Sullivan
FROM: Phil Burns, Building Director
THRU: Christopher Boyle, Development Services Director
SUBJECT: Junk Vehicle Ordinance
This item is in response to a referral made by Vice Mayor Parlier at the October 23, 2019 Council meeting.
Background
At the October 23, 2019 City Council meeting, Vice Mayor Parlier requests that the Municipal Code
regarding junk vehicles be discussed in the Legislation and Litigation Committee.
At the February 19, 2020 Legislative and Litigation Committee meeting, Staff provided an overview
(attached) of the City’s existing Municipal Code requirements related to junk vehicles; including the
following information:
Exhibiting definition of an “Abandoned or Junk Vehicle
Existing storage requirements
Examples of recent complaints related to improperly stored vehicles
Overview of Comparable Cities June Vehicle Ordinances
During that Committee meeting, Staff was directed to bring back an ordinance that tightened up the
language on fitted opaque covers, add language to require the vehicle to be currently licensed per DMV
requirements, and explore the Santa Clarita area ordinance for junk vehicles.
Staff Analysis
Staff reviewed the Junk Vehicle sections of Santa Clarita’s municipal code and found them to be similar to
several other cities that Staff had previously reviewed. Santa Clarita requires inoperable vehicle to be
stored in such a manner that they are not visible from public rights‐of‐way or areas accessible by the
public, except where permitted by the zoning. Attached please find Exhibit “A” Summary of surveyed
cities with Santa Clarita added.
Legislative and Litigation Committee July 20, 2020
Junk Vehicle Ordinance
Page 2
Proposed Ordinance Revisions:
Attached please find Exhibit “B”, that contains the proposed changes to the existing ordinance as
discussed at the previous meeting. Excerpts of the changes are highlighted in red below:
10.64.020 Maintenance unlawful—Penalty.
A. It is unlawful for any person to maintain an abandoned or junk vehicle on public or private
property in such a manner that the vehicle is visible to the general public; provided, however, that
this section shall be inapplicable to a vehicle or part thereof which is stored or parked in a lawful
manner on private property in conjunction with the business of a licensed dismantler, licensed
vehicle dealer, lawful junkyard, vehicle repair business or school training program; further
provided, that this section shall be inapplicable to one such vehicle parked on any paved surface
of any single‐family residence; provided, that such vehicle, except for such times as one or more
persons are present and working on such vehicle, is covered by a fitted opaque cover, and no
vehicle parts or tools are visible and such vehicle shall have all licenses required by the State of
California.
10.64.040 Definitions. For purposes of this chapter, the following words and phrases shall
have the meaning ascribed therefor:
A. “Abandoned or junk vehicle” means a vehicle or any major portion thereof which is incapable
of movement under its own power and will remain so without major repair.
B. “Major repair” means the removal from any vehicle of a major portion thereof including, but
not limited to, the differential, transmission, head, engine block, or oil pan.
C. “Motor vehicle” means a vehicle which is self‐propelled.
D. “Vehicle” means any device by which any person or property may be propelled, moved, or
drawn upon a highway, excepting a device moved exclusively by human power or used exclusively
by human power or used exclusively upon stationary rails or track.
E. “Fitted opaque cover” means a cover designed specifically as a fitted vehicle cover in a color
that is neutral earth tone and specifically not a tarpaulin.
Next Steps:
1. Direct staff to move forward with the proposed ordinance revision to City Council; or,
2. Direct staff to make other further changes to the existing ordinance and bring back to the committee.
Attachments:
1. February 19, 2020 Legislative and Litigation Committee Meeting Memo – Junk Vehicles
2. Exhibit A – Summary of Surveyed Cities
3. Exhibit B – Proposed Ordinance Changes
MEMORANDUM
February 19, 2020
TO: LEGITISLATIVE AND LITIGATION COMMITTEE
Chris Parlier, Chair
Andrae Gonzales
Jacquie Sullivan
FROM: Phil Burns, Building Director
THRU: Christopher Boyle, Development Services Director
SUBJECT: Junk Vehicle Ordinance
This item is in response to a referral made by Vice Mayor Parlier at the October 23, 2019 Council meeting.
Background
At the October 23, 2019 City Council meeting, Vice Mayor Parlier requests that the Municipal Code
regarding junk vehicles be discussed in the Legislation and Litigation Committee.
Staff Analysis
The issue of junk vehicles on resident’s property has been a difficult issue for Code Enforcement Officer’s
to address for years. This is a complex issue as our community does have quite a few car collectors that
work on their “prize possessions” in their garage or driveway. To frame the issue in simple terms, a couple
questions need to be answered:
1.What is an abandoned or junk vehicle?
2.We currently allow one junk vehicle with a fitted opaque cover at single family residences.
a.Should this practice continue?
b.If so, what exactly qualifies as a fitted opaque cover?
Ordinances relating to Abandoned, junk or inoperable vehicles of the 13 Comparable cities ordinances
were reviewed and summarized by staff as depicted in Exhibit A. The City of Bakersfield’s ordinance is
considerably in line with the other jurisdictions with a couple small differences.
The Bakersfield Municipal Code (BMC) defines an “Abandoned or Junk Vehicle” as follows:
PB
Legislative and Litigation Committee
Junk Vehicle Ordinance
February 19, 2020
Page 2
10.64.040.A. “Abandoned or junk vehicle” means a vehicle or any major portion thereof which is
incapable of movement under its own power and will remain so without major repair.
10.64.040.B. “Major repair” means the removal from any vehicle of a major portion thereof
including, but not limited to, the differential, transmission, head, engine block, or oil pan.
The BMC states that an “Abandoned or Junk Vehicle” shall be stored as follows (emphasis added):
10.64.020.A. It is unlawful for any person to maintain an abandoned or junk vehicle on public
or private property in such a manner that the vehicle is visible to the general public; provided,
however, that this section shall be inapplicable to a vehicle or part thereof which is stored or
parked in a lawful manner on private property in conjunction with the business of a licensed
dismantler, licensed vehicle dealer, lawful junkyard, vehicle repair business or school training
program; further provided, that this section shall be inapplicable to one such vehicle parked on
any paved surface of any single‐family residence; provided, that such vehicle, except for such
times as one or more persons are present and working on such vehicle, is covered by a fitted
opaque cover and no vehicle parts or tools are visible.
Common Issues Related to Enforcement
Code Enforcement receives many complaints regarding “Abandoned or Junk vehicles" in the driveway of
single family residences. The majority are related to property maintenance like car covered with dust and
spider webs or a flat tire or two. These instances do not rise to the standard of an “Abandoned or Junk
vehicles".
In some cases it is difficult to determine if the vehicle is operable. Many times from a visual perspective
the vehicle appears to be completely assembled and a conversation with the owner is necessary to verify
in many instances. The issue of the fitted opaque cover is another complaint Staff receives as many
property owners purchase various colored tarps and use “bungee cords” to ensure a tight fit.
Therefore, Staff offers the following recommendations:
Potential Municipal Code Revisions:
1.The definition of an “Abandoned or Junk vehicles" could be simplified to remove the “major repair”
reference from the current ordinance and include inoperable per some other municipalities. Not sure
if this change would make any actual difference in the outcome of enforcement.
2.Further define the “fitted opaque cover” to be a neutral earth tone in color and specifically not a
tarpaulin. This would at least remove the blue and silver tarpaulins that are used in many
neighborhoods.
Attachment 2
Exhibit A
Summary of Comparable Cities ‐ Junk, Abandoned and Inoperable Vehicles
Definition "Junk,
Abandoned Vehicle""Inoperative"
Number Allowed
(Residential Zone) Conditions if allowed
Bakersfield
a vehicle or any major
portion thereof which is
incapable of movement
under its own power and
will remain so without
major repair. Major repair
means removal from any
vehicle a major portion
thereof including but not
limited to, the differential,
transmission, head, engine
block or oil pan.
see abandoned or junk
vehicle 1
Completely within a
building where not visible
from public; one such
vehicle parked on a paved
surface of any single family
residence; provided that
such vehicle is covered by
fitted opaque cover and no
vehicle parts or tools are
visible. Otherwise by
zoning.
Fresno
Inoperative, wrecked,
dismantled, abandoned
(1) mechanically incapable
of being driven (2)
prohibited from being
operated on the street VHC
4000,5002,24002, 40001 0 Only in Permitted Zones
Riverside
Abandoned vehicle means
a vehicle considered to be
left on a highway, public
property, or private
property in such inoperable
or neglected condition that
the owners intent to
relinquish all further rights
of interest in it may be
reasonably concluded…
means incapable of being
driven.
States "a vehicle or part
there of"
Completely within a
building where not visible
from street or other private
property, Otherwise by
zoning.
Stockton
Inoperative, wrecked,
dismantled, abandoned
Not currently registered or
prohibited from being
operated on the street
commencing at VHC 4000 1
Completely within a
building where not visible
from street or other private
property, Otherwise by
zoning.
San Bernardino
Inoperative, wrecked,
dismantled, abandoned
States "a vehicle or part
there of"
Completely within a
building where not visible
from street or other private
property, Otherwise by
zoning.
Page 1 of 3
Definition "Junk,
Abandoned Vehicle""Inoperative"
Number Allowed
(Residential Zone) Conditions if allowed
Modesto
Inoperative, wrecked,
dismantled, abandoned
(1) mechanically incapable
of being driven because
missing any part essential
for movement or such
parts are broken or
defective (2) prohibited
from being operated on the
street VHC
4000,5002,24002, 40001
list 3 exceptions could have
multiples depending on
location etc.
Completely within a
building where not visible
from street or other private
property, behind 5' solid
fence, under carport
covered by tarpaulin or
similar covering.
Otherwise by zoning.
Oxnard
Inoperative, wrecked,
dismantled, abandoned "A vehicle or parts thereof"
A vehicle or parts thereof
that is completely within an
enclosed structure or that
is located behind a solid
fence six foot or more in
height and not visible from
public or private property.
Otherwise by zoning.
Ontario
Wrecked or otherwise
disabled or abandoned
except in case of
emergency and in no event
for a period longer than
five (5) days.
fully enclosed space,
carport, garage, or
approved wrecking yard
Fremont
Abandoned, Inoperable,
Dismantled or Wrecked.CVHC 22660‐22664
No limit but must meet
location requirements
Completely within a
building where not visible
from street or other private
property, Otherwise by
zoning.
Glendale
Inoperative, wrecked,
dismantled, abandoned
(1) mechanically incapable
of being driven (2)
prohibited from being
operated on the street VHC
4000,5002,24002, 40001 "A vehicle or parts thereof"
Completely within a
building where not visible
from street or other private
property, Otherwise by
zoning.
Pasadena
The Accumulation and
storage of abandoned,
wrecked, dismantled or
inoperable vehicle or parts.
VHC 4000,5002,24002,
40001
No limit but must meet
location requirements
Completely within a
building where not visible
from street or other private
property, Otherwise by
zoning.
Page 2 of 3
Definition "Junk,
Abandoned Vehicle""Inoperative"
Number Allowed
(Residential Zone) Conditions if allowed
County of Kern
Wrecked, Dismantled or
inoperative vehicle ‐ "WDI"
(County defines vehicle
broad to include cars,
trucks, rv's, trailers, water
craft on or off its hauler...
WDI= Vehicle or any
significant collection of
vehicle parts incapable of
movement or being hauled
by the mean for which it
was designed with its own
power or otherwise will
remain so without major
repair or assembly. 2) such
vehicle not having all
licenses required by the
state of California...1*
One visible from right of
way with specific
exceptions otherwise has
to be screened from ROW.
County of Tulare
Abandoned, Inoperable,
Dismantled or Wrecked. CVHC 22660‐22664
No limit but must meet
location requirements
Completely within a
building where not visible
from street or other private
property, Otherwise by
zoning.
County of Fresno
Abandoned, Inoperable,
Dismantled or Wrecked.
(1) mechanically incapable
of being driven (2)
prohibited from being
operated on the street VHC
4000,5002,24002, 40001
Garage or Carport, can not
be a public Nuisance
Garage or Carport, can not
be a public Nuisance
Page 3 of 3
Attachment 3
Chapter 10.64
ABANDONED OR JUNK VEHICLES
Sections:
10.64.010 Authority.
10.64.020 Maintenance unlawful—Penalty.
10.64.030 Declaration of nuisance.
10.64.040 Definitions.
10.64.050 Removal required—Exceptions.
10.64.060 Procedure.
10.64.010 Authority.
This chapter is enacted pursuant to the authority of Section 22660 of the
California Vehicle Code and Section 12 of the Charter of the city of Bakersfield.
10.64.020 Maintenance unlawful—Penalty.
A.It is unlawful for any person to maintain an abandoned or junk vehicle on
public or private property in such a manner that the vehicle is visible to the
general public; provided, however, that this section shall be inapplicable to a
vehicle or part thereof which is stored or parked in a lawful manner on private
property in conjunction with the business of a licensed dismantler, licensed
vehicle dealer, lawful junkyard, vehicle repair business or school training
program; further provided, that this section shall be inapplicable to one such
vehicle parked on any paved surface of any single-family residence; provided,
that such vehicle, except for such times as one or more persons are present and
working on such vehicle, is covered by a fitted opaque cover, and no vehicle
parts or tools are visible and such vehicle shall have all licenses required by the
State of California.
B.Any person who violates any provisions of this section and who had been
convicted of such violations less than four times in the preceding twelve month
period shall be guilty of an infraction and, upon conviction thereof, shall be
punishable by:
1.A fine not exceeding one hundred dollars for a first violation within one year;
2.A fine not exceeding two hundred dollars for a second violation within one
year;
3.A fine not exceeding five hundred dollars for a third violation within one year.
C. Any person who violates any provisions of this section shall, upon conviction
of any fourth or more violation within any twelve-month period, be guilty of a
misdemeanor, and upon conviction thereof shall be punishable by a fine not
exceeding one thousand dollars, or by imprisonment in the County Jail not
exceeding six months, or by both such fine and imprisonment. Each day during
which any violation continues shall constitute a separate offense.
10.64.030 Declaration of nuisance.
Subject to the express exceptions set forth in Section 10.64.020(A), abandoned
or junk vehicles and the parts thereof, located on either public or private
property excluding highways, if visible to the general public, are declared to be
a public nuisance subject to abatement and removal in accordance with the
procedures specified in this chapter. This remedy is in addition to any other
provided by law, including penalty provisions applicable for violations of
provisions of this chapter
10.64.040 Definitions.
For purposes of this chapter, the following words and phrases shall have the
meaning ascribed therefor:
A.“Abandoned or junk vehicle” means a vehicle or any major portion thereof
which is incapable of movement under its own power and will remain so without
major repair.
B.“Major repair” means the removal from any vehicle of a major portion
thereof including, but not limited to, the differential, transmission, head, engine
block, or oil pan.
C.“Motor vehicle” means a vehicle which is self-propelled.
D.“Vehicle” means any device by which any person or property may be
propelled, moved, or drawn upon a highway, excepting a device moved
exclusively by human power or used exclusively by human power or used
exclusively upon stationary rails or track.
E.“Fitted opaque cover” means a cover designed specifically as a fitted vehicle
cover in a color that is neutral earth tone and specifically not a tarpaulin.
10.64.050 Removal required—Exceptions.
A.Abandoned or junk vehicles, and the parts thereof, shall be abated by
removal from all public and private property, not including highways, in the city
and shall be disposed of in accordance with Section 22662 of the California
Vehicle Code; provided, however, this chapter shall be inapplicable to: (1) a
vehicle or part thereof which is completely enclosed within a building in a lawful
manner or otherwise located on the property so as not to be visible from a
public street; and (2) a vehicle or part thereof which is stored or parked in a
lawful manner on private property in connection with the business of licensed
dismantler, licensed vehicle dealer, a lawful junkyard, vehicle repair business or
school training program; further provided, that this section shall be inapplicable
to one such vehicle parked on any paved surface of any single-family residence;
provided that such vehicle, except for such times as one or more persons are
present and working on such vehicle, is covered by a fitted opaque cover and
no vehicle parts or tools are visible.
B.The costs of administration and of removal pursuant to subsection A of this
section may be recovered by special assessment against the property from
which the abandoned or junk vehicle was removed. The assessment may be
collected at the same time and in the same manner as ordinary municipal taxes
are collected, and shall be subject to the same penalties and the same
procedure and sale in case of delinquency as provided for ordinary municipal
taxes. All laws applicable to the levy, collection and enforcement of municipal
taxes shall be applicable to the special assessment. However, if any real
property to which the cost of abatement relates has been transferred or
conveyed to a bona fide purchaser for value, or if a lien of a bona fide
encumbrancer for value has been created and attaches thereon, prior to the
date on which the first installment of the taxes would become delinquent, then
the cost of abatement shall not result in a lien against the real property but
instead shall be transferred to the unsecured roll for collection. Notices or
instruments relating to the abatement proceeding or special assessment shall be
entitled to recordation. (Ord. 3187 § 1, 1988)
10.64.060 Procedure.
A.The building director of the city is designated as the person responsible for
administration of this program.
B.Prior to removal of an abandoned or junk vehicle or part thereof located
upon any property, the building director shall issue a ten-day notice of intention
to abate and remove the vehicle or part thereof as a public nuisance unless the
property owner and owner of the vehicle have signed releases authorizing
removal and waiving further interest in the vehicle or part thereof.
C.For property zoned for agricultural use or not improved with a residential
structure, no such notice of intention shall be required for removal of a vehicle or
part thereof which is inoperable due to the absence of a motor, transmission, or
wheels and incapable of being towed, is valued at less than two hundred dollars
by a person specified in Section 22855 of the California Vehicle Code, and is
determined by the building director to be a public nuisance presenting an
immediate threat to public health or safety; provided, that the property owner
has signed a release authorizing removal and waiving further interest in the
vehicle or part thereof. Prior to final disposition under Section 22662 of the
California Vehicle Code of such a low-valued vehicle or part for which evidence
of registration was recovered, the building director shall provide notice to the
registered and legal owners of intent to dispose of the vehicle or part, and if the
vehicle or part is not claimed and removed within twelve days after the notice is
mailed, from a location specified in said Section 22662, final disposition may
proceed. Neither the city nor any contractor of the city shall be liable for
damage caused to a vehicle or part thereof by removal pursuant to this section.
D.The ten-day notice of intention to abate and remove a vehicle or part
thereof, when required by this section, shall contain a statement of the hearing
rights of the owner of the property on which the vehicle is located and of the
owner of the vehicle. The statement shall include notice to the property owner
that he may appear in person at a hearing or may submit a sworn written
statement denying responsibility for the presence of the vehicle on the land, with
his reasons for such denial, in lieu of appearing. The notice of intention to abate
shall be mailed, by registered or certified mail, to the owner of the land as shown
on the last equalized assessment roll and to the last registered and legal owners
of record unless the vehicle is in such condition that identification numbers are
not available to determine ownership.
E.A public hearing shall be held before the building director upon request for
such a hearing by the owner of the vehicle or the owner of the land on which
such vehicle is located. This request shall be made to the building director within
ten days after the mailing of notice of intention to abate and remove the
vehicle or at the time of signing a release pursuant to subsection B of this section.
If the owner of the land on which the vehicle is located submits a sworn written
statement denying responsibility for the presence of the vehicle on his land within
such time period, this statement shall be construed as a request for hearing
which does not require the presence of the owner submitting such
request. If such a request is not received within such period, the building
director shall have the authority to remove the vehicle.
F.After a vehicle has been removed, it shall not be reconstructed or made
operable, unless it is a vehicle which qualifies for either horseless carriage license
plates or historical vehicle license plates, pursuant to Section 5004 of the
California Vehicle Code, in which case the vehicle may be reconstructed or
made operable.
G.The owner of the land on which the vehicle is located may appear in person
at the hearing or present a sworn written statement denying responsibility for the
presence of the vehicle on the land, with his reasons for such denial. If it is
determined at the hearing that the vehicle was placed on the land without the
consent of the landowner and that he has not subsequently acquiesced in its
presence, then the city shall not assess costs of administration or removal of the
vehicle against the property upon which the vehicle is located or otherwise
attempt to collect such cost from such owner.
H.The building director shall give notice to the Department of Motor Vehicles
within five days after the date of a removal, identifying the vehicle or part
thereof and any evidence of registration available, including, but not limited to,
the registration card, certificates of ownership, or license plates.
Documents
Presented At The
Legislative and Litigation
Committee
July 20, 2020
Meeting
State Route 58
Business Signs
July 20, 2020
Legislative & Litigation
Committee
Signs -Previous Referrals
2003 Referral
•Consider eliminating or mitigating additional signs
along the freeway
•Conclusion -signs would be less visible with recent
landscape ordinance revisions; except freeway
signs
2010 Referral
•Consider taller signs along SR-58 to a height of 58’
•Conclusion -no public benefit / potential negative
impact on nearby residential development
Signs -General
Sign Definition
•“….identification or advertisement of a business,
profession, product or service.”
Sign Ordinance
•Title 17.60 -Promote growth of the city in an orderly
and attractive manner and to provide standards by
regulating and controlling the type, area, height,
and location of all signs and sign structures.
Business Signs -Major Travel Routes
Pylon signs Freeway signs Billboard signs
Signs -Pylon
Pylon Sign
•Freestanding “on-premise” sign that is supported by
pylons, pillars, or other similar structure and the area
between grade and bottom of sign face is open.
Signs -Freeway Oriented
Freeway Oriented
•Identify “on-premise” business supplying food,
lodging, and services essential to the normal
operation of motor vehicles and directly
dependent upon adjacent freeway.
Signs -Billboard
Billboard Sign
•Rented or leased for limited durations and not to
be used as permanent “off-premises” identification
Signs -Current Regulations
Pylon Signs Freeway Signs Billboard Signs
Max
Height
Max
Area
Max
Height
Max
Area
Max
Height
Max
Area
Commercial
C-O 8 ft 32 sf --------
C-1 25 ft 150 sf 75 ft 350 sf ----
C-2 35 ft 250 sf 75 ft 350 sf 35 ft 300 sf
C-B 35 ft 250 sf --------
C-C 35 ft 250 sf 75 ft 350 sf ----
Industrial
M-1 35 ft 250 sf 75 ft 350 sf 50 ft 300 sf
M-2 35 ft 250 sf 75 ft 350 sf 50 ft 300 sf
M-3 35 ft 250 sf 75 ft 350 sf 50 ft 300 sf
SR-99 Characteristics
SR-99 Characteristics
•Predominately commercial uses
•Freeway oriented signs allowed since mid-1970s
o 8 interchanges 2,000’ wide x 3,000’ long
Olive Drive Airport Drive
SR 58/178 California Avenue
Ming Avenue White Lane
Panama Lane SR 119
SR-99 Freeway Signs
SR-58 Characteristics
SR-58 Characteristics
•City Limits
o Residential uses
o Commercial uses generally serving local
demand
•County Limits
o Taller signs are an option
o Sign requirements are not as strict
SR-58 Zoning
City Limits
2,000’ x 3000’
SR-58 Zoning
City Limits
2,000’ x 3000’
Next Steps
•Public Use of Signs
o Smartphones vs. Visual Cues
•Considerations
o Potential impacts of taller signs on nearby
residential
o Limit to specific interchanges such as Mt
Vernon Ave, and Oswell St
o Limit sign height to 58 feet
o Signs thematically linked to let travelers know
they are entering Bakersfield
Next Steps
Questions and Direction
Legislative and Litigation Committee –July 22, 2020
City Council Referral
(Ward 7)
City Council Committee Meeting
Legislative & Litigation
Junk Vehicles
Background
Background
At the October 23,2019 City Council meeting,Vice Mayor Parlier requests that the
Municipal Code regarding junk vehicles be discussed in the Legislation and Litigation
Committee.
At the February 19,2020 Legislative and Litigation Committee meeting,Staff was directed
to bring back an ordinance that tightened up the language on fitted opaque cover,add
language to require the vehicle to be currently licensed per DMV and explore similar
ordinance for the Santa Clarita area.
Comparison
How does Santa Clarita address Junk Vehicle ?
Santa Clarita requires inoperable vehicle to be stored in such a manner that they
are not visible from public rights-of-way or areas accessible by the public,except
where permitted by the zoning.
This is similar to some other cities that we surveyed.
Proposed Regulation
Proposed Ordinance Modifications
The BMC states that an “Abandoned or Junk Vehicle”shall be stored as follows (emphasis
added):
10.64.020.A.It is unlawful for any person to maintain an abandoned or junk vehicle on
public or private property in such a manner that the vehicle is visible to the general
public;provided,however,that this section shall be inapplicable to a vehicle or part
thereof which is stored or parked in a lawful manner on private property in conjunction
with the business of a licensed dismantler,licensed vehicle dealer,lawful junkyard,
vehicle repair business or school training program;further provided,that this section
shall be inapplicable to one such vehicle parked on any paved surface of any single-family
residence;provided,that such vehicle,except for such times as one or more persons are
present and working on such vehicle,is covered by a fitted opaque cover,and no vehicle
parts or tools are visible and shall have all licenses required by the State of California.
Proposed Regulation
Proposed Ordinance Modifications
The BMC states that an “Abandoned or Junk Vehicle”shall be stored as follows (emphasis
added):
10.64.040 Definitions.
For purposes of this chapter, the following words and phrases shall have the meaning ascribed
therefor:
A.“Abandoned or junk vehicle” means a vehicle or any major portion thereof which is
incapable of movement under its own power and will remain so without major repair.
B.“Major repair” means the removal from any vehicle of a major portion thereof including,
but not limited to, the differential, transmission, head, engine block, or oil pan.
C.“Motor vehicle” means a vehicle which is self-propelled.
D.“Vehicle” means any device by which any person or property may be propelled, moved, or
drawn upon a highway, excepting a device moved exclusively by human power or used
exclusively by human power or used exclusively upon stationary rails or track.
E. “Fitted opaque cover” means a cover design specifically as a vehicle cover in a color that
is neutral earth tone and specifically not a tarpaulin
Potential Revision
Potential Action
1.Direct staff to move forward with the proposed ordinance revision to City Council.
2.Direct staff to make other further changes to the existing ordinance and bring back to
the committee.
Next Steps
Questions and Direction
End
Junk Vehicles
Some Abandoned or Junk Vehicles are obvious
Neighborhood Situations
Some Various Situations Encountered
Cover Situations
Examples of Some Vehicles with Covers