HomeMy WebLinkAboutORD NO 5009ORDINANCE NO.: 9
ORDINANCE AMENDING TITLE 17 OF THE BAKERSFIELD
MUNICIPAL CODE BY AMENDING SECTION 17.61.020 RELATED
TO APPROVED LANDSCAPE PLAN REQUIREMENTS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 17.61.020 of the Bakersfield Municipal Code is hereby amended to
read as follows:
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, or designee, 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.
C. An approved landscape plan for commercial improvement projects must
be revised if the landscape/irrigation is substantially modified. Substantial
modification in this section means a change in the character or quantity of the
plant material or irrigation that equals or exceeds one hundred square feet of
landscape area.
1. A revised landscape plan under this section shall be prepared by a
landscape design professional and' include all of the following:
a. A description of the new landscaping and how it complies with the
ordinance;
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BMC Section 17.61.020 7 Landscape
b. A detailed summary of landscaping removed;
c. The location of where replacement landscaping will be placed on
site;
d. Shade calculations confirming attainment of shading requirements;
and
e. Identification of any existing missing or underperforming landscaping
on site.
2. Trees removed as part of a revised landscape plan shall be replaced on
a 1 -to -1 basis unless:
a. It would be detrimental to the public health, safety, or welfare or to
property or residents in the area; or
b. Special physical circumstances sexist limiting additional landscaping
of a particular property.
3. No building permit(s) shall be issued or installation of landscaping shall
occur, prior to approval of the revised landscape plan by the planning
director or designee. All landscaping shall be installed per the approved
plans within 120 days of submittal Of the revised landscape plan or as
otherwise approved by the planning director or designee.
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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BMC Section 17.61.020 - Landscape
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
AUG 12 1020 by the following vote:
AYES: COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN;-PA70'EI-
NOES: COUNCILMEMBER: NONE
ABSTAIN: COUNCILMEMBER: NO NE
ABSEN . COUNCILMEMBER: QnRL1ER-
JU IE DRIMAKIS, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: AUG 12 2010
By:
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorn y
By:
VIRIDIANA ALLARDO-KING 1
Deputy City Attorney
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S:\COUNCIL\Ords\19-20\17.61.020 (Landscape Ord).RdIn.DOCX
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BMC Section 17.61.020 Landscape
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
JULIE DRIMAKIS, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 17th day of August, 2020 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 5009, passed by the
Bakersfield City Council at a meeting held on the 12th day of August, 2020 and entitled:
ORDINANCE AMENDING TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE BY
AMENDING SECTION 17.61.020 RELATED TO APPROVED LANDSCAPE PLAN
REQUIREMENTS.
JULIE DRIMAKIS, CMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEP TY. City Clerk
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