HomeMy WebLinkAboutORD NO 5020ORDINANCE NO. 5 0 ?-..0:
ORDINANCE AMENDING CHAPTER 17.64, SECTIONS 020, 040,
042, 050, 060, 090, AND 110, AMENDING SECTION 1.28.030,
SECTION 2.28.080, SECTION 2.28.110, SECTION 12.64.020,
SECTION 15.66.020, SECTION 15.66.030, SECTION 15.72.040,
SECTION 15.74.180, SECTION 17.04.155, SECTION 17.08.180,
SECTION 17.45.050, AMENDING CHAPTER 17.56, SECTIONS 010,
030, 040, 050, 060, AND 080, SECTION 17.59.020, CHAPTER 17.60,
SECTIONS 020 AND 030, SECTION 17.62.050, SECTION 17.63.050,
SECTION 17.66.180, SECTION 17.68.040, AND SECTION
17.71.040, AND REPEALING SECTION 2.28.090 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO DISOLVING THE
BOARD OF ZONING ADJUSTMENT AND ASSIGNING ITS
RESPONSIBILITIES TO THE PLANNING COMMISSION AND THE
PLANNING DIRECTOR.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 17.64.020 of the Bakersfield Municipal Code is hereby amended to
read as follows:
17.64.020 Authority of planning director
The planning director shall have authority to grant director review and approval
permits, subject to appeal to the planning commission under the provisions of this
title, subject to the following:
A. Modification or waiver of:
1. Automobile parking space or loading requirements on private
property, and
2. The height, yard and lot area regulations on a lot or lots, including,
but not limited. to, modification of such regulations for some or all lots within a
subdivision to facilitate zero -lot -line or other typical subdivision development, and
3. Fence, wall and hedge regulations as may be necessary to secure
an appropriate improvement on a lot.
B. Land use approvals as provided for within the various zone districts of this
title.
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C. Wireless facilities right-of-way permits for wireless telecommunication
facilities proposed to be located within the public right-of-way pursuant to
Chapter 12.30.
SECTION 2.
Section 17.64.040 of the Bakersfield Municipal Code is hereby amended to
read as follows:
17.64.040 Initiation.
A. Applications for director review and approval permits shall be filed with the
planning director or his/her appointed designee on forms provided by the
planning director.
B. Applications for conditional use permits shall be filed with the planning
director or his/her appointed designee on forms provided by the planning
director.
C. Proceedings for redistricting of property may be initiated by the city
council, planning commission, planning director or by filing with the planning
director an application signed by one or more of the record owners of the parcel
of property which is the subject of the application or an agent of the owner
authorized in writing. In the event that an application by owners involving more
than one parcel of land is submitted for district amendment or adoption, owners
of parcels representing at least sixty percent of the area involved must sign the
application. The names of all record owners of all land involved must be stated
on the application.
D. Proceedings for amendment of any provisions of Title 17 of this code, other
than amendments changing property from one zone to another, may be initiated
by city council action, planning commission action or action of the city staff.
SECTION 3.
Section 17.64.042 of the Bakersfield Municipal Code is hereby amended to
read as follows:
17.64.042 Fees.
The city council shall by resolution set fees for application for director review and
approval, conditional use permits, changes of zones and for appeals from any
order, requirement, decision or determination provided for in this chapter. Such
fees shall be in amounts necessary and appropriate to reimburse the city for all
costs related to the processing of and acting upon each such application or
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appeal. No application or appeal shall be deemed complete until the prescribed
fee has been received by the city.
SECTION 4.
Section 17.64.050 of the Bakersfield Municipal Code is hereby amended to
read as follows:
17.64.050 Hearings—Notices.
A. Procedure for director review and approval permits. Any application for a
director review and approval permit shall be considered by the planning director
after it is publicly noticed in the following manner:
1. Not less than ten days before the planning director decision, a direct
mailing shall be sent to the owners and/or occupants of property located within
300 feet of the boundaries of the project site, as shown on the latest equalized
assessment roll.
2. Notice shall also be given by first class mail to any person who has
filed a written request with the planning division. The City may impose a
reasonable fee on persons requesting such notice for the purpose of recovering
the cost of such mailing.
3. Such notice shall include the following information: the name of the
applicant, nature of the request, location of the property, the environmental
determination, the proposed date of "planning director decision" (10 days from
date of notice), and the appropriate method and deadline for written or verbal
comments to be submitted to the City for consideration.
4. Substantial compliance with these provisions shall be sufficient and a
technical failure to comply shall not affect . the validity of any action taken
pursuant to the procedures set forth in this section.
5. Alternatively, at his/her discretion, the planning director may refer the
proposed use directly to the planning commission for a public hearing and
decision. If the proposed use is referred to the planning commission, the noticing,
hearing, and planning commission appeal procedures of subsection B of Section
17.064.050, Hearings - Notices, shall be followed.
6. For any director review and approval permit application filed in
conjunction with any discretionary application (including a conditional use
permit, tentative subdivision map, etc.), the applicant shall file the application
concurrently, for review with the application requiring discretionary approval.
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B. Procedure for conditional use permits and zone changes. Upon the receipt
in proper form of a complete application for a conditional use permit; or zone
change, along with the fee adopted pursuant to Section 3.70.040, the planning
director shall fix a time and place of public hearing thereon in the following
manner:
1. Not less than ten days before the date of such public hearing, notice
of the date, time and place of hearing, along with the location of the property
and the nature of the request shall be given.
2. Notice of the hearing shall be mailed or delivered at least ten days
prior to the hearing to the owner of the subject real property of the owners duly
authorized agent, and to the project applicant.
3. Notice of the hearing shall be mailed or delivered at least ten days
prior to the hearing to each local agency (if not the city) expected to provide
water, sewage, streets, roads, schools or other essential facilities or services to the
project, whose ability to provide those facilities and services may be significantly
affected.
4. Notice of the hearing shall be mailed or delivered at least ten days
prior to the hearing to all owners of real property as shown on the latest equalized
assessment roll within three hundred feet of real property that is the subject of the
hearing. If the number of owners to whom notice would be mailed or delivered
pursuant to this paragraph or subsection (B) (2) of this section is greater than one
thousand, in -lieu of mailed or delivered notice, notice may be provided by
placing a display advertisement of at least one-eighth page in at least one
newspaper of general circulation within the city at least ten days prior to the
hearing. Notice of hearing upon each application for a conditional use permit to
allow drilling for and production of petroleum pursuant to Chapter 15.66 shall be
mailed to such owners of all property that is the subject of the hearing, and the
production operator of record of subject real property as shown in the State of
California Department of Conservation, Division of Oil, Gas and Geothermal
Resources (herein D.O.G.G.R.) records as of thirty days of the date of application
of the conditional use permit. The applicant shall be responsible for obtaining the
operators name and address from D.O.G.G.R and submitting such
documentation from the division with the application for a conditional use permit.
5. Notice shall be published in at least one newspaper of general
circulation within the city at least ten days prior to the hearing.
6. Notice shall be mailed to every person filing with the planning
director a written request for notice.
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7. In addition, not less than twenty days but not more than sixty prior to
the hearing on any general plan amendment, specific plan, zone change, or
conditional use permit, the applicant shall post signs on the property indicating
the date, time, and place of the hearing on the proposed general plan
amendment, specific plan, zone change, or conditional use permit.
a. One sign shall be posted for every three hundred feet of street
frontage, or portion thereof, with a maximum of two signs per street
frontage. If no portion of the property fronts an existing public street, at least
one sign shall be posted on the property nearest the point of legal access
from a public street or as otherwise directed by the planning director.
b. For general plan amendment, specific plan, zone change,
and conditional use permit on an undeveloped site, the size of the sign shall
be eight feet wide by four feet high. Lettering style, formatting, mounting,
and materials to be used shall be as set forth in the administrative policy
manual approved by the development services director.
C. For a conditional use permit on a developed site in all non-
residential zones, the size of the sign shall be four feet wide by four feet high.
The sign shall be posted along the street frontage, but not in the public right
of way. In addition, a smaller sign (e.g., 11 " x 17"), at the discretion of the
planning director, shall be placed in the window of the facility where the
activity will occur. For a conditional use permit on a developed site in a
residential zone, the provisions of BMC 17.60.070.(C) shall apply.
d. The applicant shall file with the planning department, on a
form provided by the city, photograph(s) of the posted sign(s) and a
declaration, signed under penalty of perjury, that the property has been
posted according to the requirements of this section.
e. If the applicant fails to post the signs within the specified time,
and if the photographs and declaration are not filed with the planning
department within five days of the signs being posted, the public hearing
may be postponed until the signs are posted and proof of posting has been
submitted.
f. The applicant shall remove all signs posted pursuant to this
section within ten days after final city action on the general plan
amendment, specific plan, or zone change, or conditional use permit.
Should the applicant withdraw their application for a general plan
amendment, specific plan, zone change, or conditional use permit, all signs
posted shall be removed within ten days of the withdrawing of the
application.
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g. Should the applicant fail to remove any sign within the
specified time, the city may remove any such sign and the costs thereof
shall be borne by the applicant.
C. When proceedings are initiated for the amendment of any provision of Title
17, other than amendments changing property from one zone to another, or
changing the boundary of any zone, a public hearing shall be held. Notice of
such hearing shall be given once by publication in a newspaper of general
circulation in the city, which notice shall state the time, date and place of such
hearing and a general description of the nature of the proposed text
amendment.
SECTION 5.
Section 17.64.060 of the Bakersfield Municipal Code is hereby amended to
read as follows:
17.64.060 Director review and approval permits and conditional use permits—
Hearing—Decision and findings.
A. Director review and approval permit. The planning director shall render a
decision on the application within ten (10) days after the proposed date of
"planning director decision" included in the public notice, as described in
subsection A of Section 17.64.050. The decision shall grant in modified form,
conditionally grant, or deny the requested director review and approval permit
as follows:
1. Approval/Conditional Approval. In the case where no public
comments in opposition to the request have been received and the planning
director is able to make the appropriate findings as noted in subsection B of
Section 17.64.060, the planning director will grant approval or conditional
approval. For conditional approvals, the planning director may apply conditions
of approval upon the entitlement as noted in subsection D of Section 17.64.060.
2. Referral to planning commission. In the case where public comments
in opposition to the request have been received, the planning director shall either
deny or refer the proposed request directly to the planning commission for a
public hearing and decision. If the proposed use is referred to the planning
commission, the noticing and hearing procedures in subsection B of Section
17.064.050, Hearings - Notices, shall apply.
3. Denial. In the case where public comments in opposition to the
request have been received and the planning director is unable to make the
appropriate findings as noted in subsection B Section 17.64.060, the planning
director will deny the application. Such denial may be appealed per Section ,gAKF9
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17.64.090.
B. Findings Required for director review and approval permit. A director
review and approval permit shall be granted only when it is found that:
1. The granting of such director review and approval permit would not
be materially detrimental to the public welfare, nor injurious to the property or
improvements in the zone or vicinity in which the property is located; and
2. The granting of the director review and approval permit is necessary
to permit an appropriate improvement or improvements on a lot or lots, including,
but not limited to, modification of such regulations for some or all lots within a
subdivision to facilitate zero -lot -line or other atypical subdivision development;
and
3. The granting of the director review and approval permit would not
be inconsistent with the purposes and intent of Title 17 of this code.
C. Conditional use permit. Following the public hearing, the planning
commission or city council may grant, grant in modified form, conditionally grant,
or deny the requested conditional use permit. Such decision shall be reflected in
a formal resolution containing the findings and the facts upon which the findings
are based.
D. Findings Required for Conditional Use Permit. A conditional use permit shall
be granted only when it is found that:
1. The proposed use is deemed essential or desirable to the public
convenience or welfare; and
2. The proposed use is in harmony with the various elements and
objectives of the general plan and applicable specific plans.
E. Conditions. The issuance of any director review and approval permit or
conditional use permit pursuant to this title may be granted subject to such
conditions as may be deemed appropriate or necessary to assure compliance
with the intent and purpose of the zoning regulations and the various elements
and objectives of the general plan and applicable specific plans and policies of
the city or to protect the public health, safety, convenience, or welfare.
Dedications of real property may be required and improvements of public streets
shall be in accordance with standard specifications of the city on file in the office
of the city engineer.
F. Exercise of Rights. The exercise of rights granted by a director review and
approval permit or conditional use permit shall be commenced within two years AK
after the date of the final decision.
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G. Termination of Rights. The director review and approval permit or
conditional use permit shall terminate, and all rights granted therein shall lapse,
and the property affected thereby shall be subject to all of the provisions and
regulations of Title 17 applicable to the zone in which such property is classified,
when any of the following occur:
1. There is a failure to commence the exercise of rights as required by
subsection E of this section, or within any duly granted extension;
2. There is a discontinuance for a continuous period of one year of the
exercise of the rights granted.
H. Extension of Time. Any time limit contained in this chapter or in any decision,
for good cause shown, may be extended by the body issuing the initial
conditional use permit or director review and approval permit for a period which
shall not exceed one year.
1. The property owner may request an extension of the time limit by
written application to the planning director or designee. Such application shall
be filed before the expiration date of the conditional use permit or director review
and approval permit. The application shall provide reasons for extension of the
permit.
2. Upon the receipt in proper form of an application for an extension,
along with the fee adopted pursuant to Section 3.70.040, the planning director
shall fix a time and place of public hearing thereon. The hearing shall be noticed
as set forth in subsection B of Section 17.64.050.
3. Following the public hearing, the hearing body shall approve,
conditionally approve, or deny extension of the conditional use permit or director
review and approval permit.
I. Revocation of Rights. The planning commission may revoke the rights
granted by such director review and approval permit or conditional use permit
and the property affected thereby shall be subject to all of the provisions and
regulations of Title 17 of this code applicable as of the effective date of
revocation. Such revocation shall be for good cause, including, but not limited
to, the failure to comply with conditions or complete construction as required by
subsection G of this section, the failure to comply with any condition contained
in the director review and approval permit or conditional use permit, or the
violation by the owner or tenant of any provision of the municipal code pertaining
to the premises for which such director review and approval permit or conditional
use permit was granted.
1. Notice of the intent to revoke shall be given, together with the
reasons therefor, either by personal delivery to the occupant of such premises, to
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the owner of such premises, to any person indicated in the permit as being
entitled to exercise the permit, or by deposit in the United States mail, postage
prepaid, addressed to such person (s) at his or her last known business or residence
address as the same appears in the records of the director review and approval
permit or conditional use permit. Service by mail shall be deemed to have been
completed at the time of deposit in the post office, or any United States mailbox.
2. The decision of the planning commission shall be final, subject to
appeal to the city council within ten days after notice.
3. When a proper appeal has been filed, public hearing upon the
matter shall be set before the city council within a reasonable time after the
appeal is filed.
4. Not less than ten days before the date of such public hearing, notice
of the time and place of the hearing before the body shall be given as set forth
in subsection B of Section 17.64.050.
5. On appeal, the city council may affirm the revocation, overturn the
revocation or modify the order of revocation.
6. The decision of the city council shall be final and conclusive.
J. Date of Issuance. No permit or license for any use involved in an application
for a director review and approval permit or conditional use permit shall be issued
until same has become final by reason of the failure of any person to appeal or
by reason of the action of the city council.
SECTION 6.
Section 17.64.090 of the Bakersfield Municipal Code is hereby amended to
read as follows:
17.64.090 Appeals - Conditional use permits and zone changes.
A. The action of the planning commission shall be final unless, within ten
calendar days after the decision, the applicant or any other person shall appeal
therefrom in writing to the city council by filing such appeal with the city clerk. A
decision of the city council shall be final and conclusive.
B. The appeal shall include the appellants interest in or relationship to the
subject property, the decision or action appealed, and specific reasons why the
appellant believes the decision or action from which the appeal is taken should
not be upheld.
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C. The city clerk shall set the date for hearing the appeal. Notice of the appeal
hearing shall be given as set forth in Section 17.64.050.
D. For conditional use permits, on appeal following the hearing, the city
council may grant, grant in modified form, or deny the requested conditional use
permit. The decision of the council shall be final and conclusive.
E. For zone changes, on appeal following a public hearing, the council may
enact into ordinance the zoning amendment giving rise to the appeal or any
alternative zoning district more restrictive than that proposed, may affirm any
conditional approval and recommendation of the planning commission and, or
may decide against adoption of the proposed zoning ordinance amendment.
The decision of the council shall be final and conclusive.
SECTION 7.
Section 17.64.110 of the Bakersfield Municipal Code is hereby amended to
read as follows:
17.64.110 Conditions for reapplication.
Where an application for a zone change or conditional use permit has been
finally determined by the city council or planning commission, no reapplication
or new application for the same zone change or conditional use permit shall be
considered or heard by the planning commission or city council for a period of
one year. However, where a change has occurred which, in the sound discretion
of the city council or planning commission (whichever previously made the final
determination) indicates that a new hearing should be had on an application for
a zone change and where a showing has been made that the public interest
would best be served by reconsideration or new consideration, the prohibition of
this subsection may be waived after a finding by the body petitioned that the
public interest would best be served by a reconsideration of a new hearing.
SECTION 8.
Section 1.28.030 of the Bakersfield Municipal Code is hereby amended to
read as follows:
1.28.030 Definitions.
In this chapter, unless otherwise specifically indicated:
A. "City agency" means any or all of the following listed agencies or boards:
Board of charity appeals and solicitations;
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Inter -group relations board;
Board of building and housing appeals;
Fire prevention board of examiners and appeals;
Fire department pension board;
Bakersfield art commission.
B. "Order of repeal" means any resolution, order or other official act of a city
agency which expressly repeals a regulation in whole or in part.
C. "Regulation" means every rule, regulation, order or standard of general
application or the amendment, supplement or revision of any such rule,
regulation, order or standard adopted by any city agency to implement,
interpret, or make specific the law enforced or administered by it, or to govern its
procedure, except one which relates only to the internal management of the city
agency.
SECTION 9.
Section 2.28.080 of the Bakersfield Municipal Code is hereby amended to
read as follows:
2.28.080 Members of planning commission.
The planning commission created prior to the adoption of the ordinance codified
in this chapter, are continued in existence and operation as the planning
commission of the city, and the appointed members of each shall be and
constitute the members of the planning commission until the expiration of the
terms for which they were or shall be appointed.
SECTION 10.
Section 2.28.090 of the Bakersfield Municipal Code is hereby repealed in its
entirety.
SECTION 11.
Section 2.28.110 of the Bakersfield Municipal Code is hereby amended to
read as follows:
2.28.110 Planning department—Duties.
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The planning department of the city shall act in advisory capacity on all matters
relating to all applications decided by the planning commission, including
conditional use permits, and shall provide technical and secretarial services to
the planning commission.
SECTION 12.
Section 12.64.020 of the Bakersfield Municipal Code is hereby amended to
read as follows:
12.64.020 Definitions.
A. "Advisory agency". The following bodies shall constitute the advisory
agency for projects subject to this chapter:
1. For projects subject to Bakersfield Municipal Code Title 16, the
advisory agency shall be defined by Section 16.08.020 of said Title;
2. For conditional use permits, general plan or specific plan
amendments, zone changes, or other omits "development" permits and/or
approvals not specifically listed in this section, the planning commission shall be
the advisory agency;
3. For grading plans, site plan review, building permits or other ministerial
permits, the planning director shall be the advisory agency.
B. "Applicant" means a person, firm, corporation, partnership or association
who proposes to develop or causes to be developed and/or use real property as
defined in "development" for himself or for others.
C. "Development" means any action taken requiring a permit or application
to seek amendment, approval or authorization under provisions of any grading,
zoning, parcel map, or final map subdivision ordinance, including actions, such
as grading permit approval, zoning change, conditional use permit, modification,
variance, tentative parcel map approval, and tentative subdivision map
approval. It also means converting an existing legal land use entitlement to
another specific purpose by altering the intended density, intensity or use of an
existing authorized entitlement.
D. "Fair market value" is defined in Bakersfield Municipal Code Section
15.80.100 which requires a written appraisal report acceptable to the Planning
Director; except as further defined in Section 12.64.100B in the case where a trail
or support facility, which serves a subject phase, has been acquired by the city
prior to said development.
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E. "Phase of the Specific Trails Plan". A "phase" of the Specific Trails Plan
identifies the locality of an area planned for trails and support facilities.
F. "Specific Trails Plan". A planning document adopted by the city council
for the purpose of setting policy and identifying trails and support facilities within
the city.
SECTION 13.
Section 15.66.020 of the Bakersfield Municipal Code is hereby amended to
read as follows:
15.66.020 Definitions.
The terms set forth in this chapter shall have the meanings herein unless it is
apparent from the context that a different meaning is intended.
"Abandonment" means the permanent plugging of a well in accordance with
the requirements of the Department of Conservation, Division of Oil, Gas and
Geothermal Resources of the state of California, and the removal of all
equipment related to the well, including restoration of the drill site as required by
these regulations.
"A.N.S.I." means the American National Standards Institute.
"A.P.I." means the American Petroleum Institute.
"A.S.T.M." means the American Society for Testing Materials.
"Blowout" means the uncontrolled flow of gas, liquids or solids (or a mixture
thereof) from a well onto the surface.
"Blowout preventor" means a mechanical, hydraulic, pneumatic, or other device
or combinations of such devices secured to the top of a wells casing including
valves, fittings, and control mechanisms connected therewith designed and
capable of preventing a blowout.
"Building Code" means the most recent edition of the Building Code as adopted
by the city of Bakersfield.
"Cellar" means an excavation in which the wellhead is located.
"Completion of drilling" on a well site is deemed to occur for the purpose of this
code upon: (1) initiation of disassembly or removal of the drilling rig from any one
well on the drill site; (2) thirty days after setting of a well head on any one well on
the drill site; or (3) thirty days after the drilling equipment has been removed from o�ePK49�
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the site. Completion has not occurred if drilling, testing, or remedial operations
are resumed on that one well before the end of any thirty -day period.
"Derrick" means any framework, tower or mast together with all the
appurtenances to such structure placed over a well for the purpose of drilling,
raising or lowering pipe, casing, tubing or other drilling, completion production or
injection tools or equipment out of or into the well bore.
"Desertion" means the cessation of operations at a well site where suspension of
drilling operations and removal of drilling machinery has occurred where the
operator cannot be located or contacted, and no activity has taken place for at
least six consecutive months, or production equipment or facilities have been
removed and no activity has taken place for at least two consecutive years,
unless the D.O.G.G.R has granted an extension of time pursuant to their
regulations. This definition does not apply to observation wells.
"Division of Oil, Gas and Geothermal Resources" or "D.O.G.G.R" means that
division of the Department of Conservation of the state of California.
"Drill" or "drilling" means to bore a hole in the earth for the purpose of completing
a well, exploration or testing. Drilling includes all operations through the removal
of the drilling equipment from the drill site.
"Drill island" means the discrete area zoned drilling island (DI) district in
accordance with Chapter 17.46 of this code.
"Drill site" means the land required to be reserved in accordance with Section
15.66.080(C) as part of a rezoning, subdivision or other development for future
drilling and/or production operations.
"Dwelling" means any building or portion thereof providing living facilities for one
or more persons, including permanent provisions for sleeping, eating, cooking
and sanitation, and includes both single-family and multiple -family residential
facilities.
"Gas" means the gaseous components or vapors contained in or derived from
petroleum or natural gas.
"Grade" (adjacent ground elevation) means the lowest point of elevation of the
finished surface of the ground, paving or sidewalk within the area between the
structure and the property line or, when the property line is more than five feet
from the structure, between the structure and a line five feet from the structure.
"Hazardous well" means an oil or gas well that presently poses a danger to life,
health, or natural resources as determined by the D.O.G.G.R under the provisions
of the public resources code.
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"Idle well" means a well for which production has been suspended for a minimum
of five consecutive years, except any well being held for future programs,
including those being retained for use under a secondary or tertiary recovery plan
or for disposal, which has been approved by the D.O.G.G.R but has not been
abandoned or deserted as defined in this code and by the D.O.G.G.R. This
definition does not apply to observation wells.
"Lessee" means the party possessing the right(s) to drill, develop and produce oil,
gas or other hydrocarbons from the subsurface of land with said rights) being
specifically conveyed by a written oil, gas, mineral or surface lease.
"Lessor" means the party owning an interest in and to any oil, gas or other
hydrocarbons as may be produced from a tract of land who has conveyed the
right(s) to drill, develop and produce said substances to another party (lessee) by
a written oil, gas, mineral or surface drilling rights lease. This party may or may not
be the surface owner.
"Maintenance" or "maintain" means the upgrading, repair, cleaning, upkeep
and replacement of parts of a structure and equipment. Maintenance of a
structure does not alter or lessen the character, strength, or stability of the
structure.
"N.F.P.A." means the National Fire Protection Association.
"Noise sensitive receptor" means and includes a land use associated with human
activities which is particularly sensitive to noise. Examples of noise sensitive
receptors include hospitals, libraries, schools, residential uses, and those uses
deemed noise sensitive by the city council or planning commission.
"Observation well" means a well bore for the purpose of observing petroleum
reservoir characteristics, including but not limited to, temperature, saturation,
pressure, and fluid movement, as recognized by the D.O.G.G.R.
"Operator" means a person, including corporations, partnerships and
associations, whether proprietor, lessee, contractor, or agent or officer of the
same, in charge of or in control of the drilling, maintenance, and operation of a
well or wells as shown on the permit application.
"Petroleum" means and includes any and all hydrocarbon substances found in a
natural state, including, but not limited to, crude oil, natural gas, natural gasoline,
and other related substances.
"Petroleum lease" means a property right with respect to which a lessee enjoys
the right to drill, develop, produce and possess petroleum resources for a
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determinable period. May also be referenced as a subsurface lease or mineral
rights lease.
"Production operation" means and includes all oil or gas recovery activities
following completion of drilling, redrilling or testing of a well.
"Public assembly" refers to a building, structure or site, or portion thereof, for the
gathering together or accommodation of fifty or more persons for such purposes
of deliberation, education, worship, entertainment, lodging, medical care,
amusement, drinking and dining, or awaiting transportation.
"Redrilling" means any drilling operation, including deviation from original well
bore, to recomplete the well in the same or different geologic zone, excluding
sidetracking.
"Redrilling" means any drilling operation, including deviation from original well
bore, to recomplete the well in the same or different geologic zone, excluding
sidetracking.
"Remedial" means any work on a well, other than drilling or redrilling.
"Sidetracking" means drilling, excluding substantial deviation from the original
well bore to recomplete a well in the same or different geologic zone.
"Sump" means a lined or unlined, covered or uncovered excavation pit which
holds petroleum or other liquids incidental thereto, or solids associated with drilling
or production operations.
"Tank" means a structure or container, with a minimum volume of sixty gallons,
used in conjunction with either the drilling or production of a well used for holding,
storing, or treating liquids or solids, or otherwise associated with drilling or
producing operations.
"Uniform Fire Code" or "U.F.C." means the most recent edition of the Uniform Fire
Code as adopted by the city of Bakersfield.
"Well" means any hole drilled into the earth for the purpose of exploring for or
producing oil or gas; injecting fluids or gas for stimulating oil or gas recovery;
repressuring or pressure maintenance of oil or gas reservoirs; disposing of oil field
waste fluids; seismic testing; or any hole drilled into the earth within or adjacent to
an oil or gas pool for the purpose of observation of subsurface conditions.
"Well servicing" means and includes remedial or maintenance work or work
performed to maintain or improve production from an already producing facility.
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"Well site" means that surface area used for oil or gas drilling or extraction
operations, for injection purposes in enhanced petroleum recovery operations
after drilling is completed and oil and gas recovery activities following completion
of drilling or redrilling of a well. A well site may include one or more wells.
SECTION 14.
Section 15.66.030 of the Bakersfield Municipal Code is hereby amended to
read as follows:
15.66.030 Permits.
A. No person shall drill, operate or maintain any well or well site for petroleum,
natural gas, or related drilling, nor operate or maintain any production operation
without first obtaining a permit. Applications for drilling/production permits shall
be made in writing to the director of prevention services, or designee, on such
forms as provided by the director. Permits are classified as follows:
Class 1. The well site and/or production operation is:
a. Within an area zoned for residential development; or
b. Located less than five hundred feet from a dwelling except
those for use by a caretaker or night security on the same parcel, or public
assembly as defined in this chapter.
2. Class 2. The well site and/or production operation is:
a. Within an area zoned for commercial, light manufacturing or
open space; or
b. Located between five hundred and one thousand feet from a
dwelling unit except those for use by a caretaker or night security on the
same parcel, or public assembly as defined in this chapter, provided no
well or related structure for production is located less than five hundred feet
from said uses.
3. Class 3. The well site and/or production operation is:
a. Within an area zoned for general manufacturing, heavy
manufacturing, or agricultural, or is within the primary floodplain pursuant
to the restrictions in subsection (B) (1) of this section, or the secondary
floodplain, provided no well or related structure for production is located
less than five hundred feet from a dwelling except those for use by a o``�AKF9s
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caretaker or night security on the same parcel, or public assembly as
defined in this chapter; or
b. Located within the state approved boundaries of the following
state designated oil fields as defined by the state D.O.G.G.R., regardless of
the zone district or distance from dwellings or public assembly uses as
defined in this chapter:
Kern River Oil Field (D.O.G.G.R. Map 457),
ii. Kern Bluff Oil Field (D.O.G.G.R. Map 439),
iii. Portion of the Fruitvale Oil Field encompassing Sections
14 (west of State Highway 99), 21 (south of Meany Avenue), 22
(except Tracts 6003 and 6042), 23 (west of State Highway 99), 26
(north of the Cross Valley Canal and west of State Highway 99), 27
(north of the Cross Valley Canal), and 28 (east of the Friant-Kern
Canal), all within T29S, R27E (D.O.G.G.R. Map 435);
C. An area zoned DI (drilling island district) zone or PE (petroleum
extraction combining district) zone.
B. Well sites and/or production operations shall be prohibited in the following
areas in the city: primary floodplain of the Kern River, except that area located
within the state approved boundary of the Kern River oil field as delineated on
Map 457 of the D.O.G.G.R.
C. Drilling by Conditional Use Permit. Class 1 permits shall not be issued until a
conditional use permit is granted by the planning commission pursuant to
Chapter 17.64 (Director Review and Approval, Conditional Use Permits,
Amendments and Appeals), except that a conditional use permit shall not be
required for any well on a lot within an approved tentative or recorded subdivision
map that is specifically identified as a drill site for the extraction of petroleum, gas,
and/or other hydrocarbons. Any conditions required under the conditional use
permit shall be in addition to those imposed by this chapter for a Class 1 permit.
The planning commission may modify any condition set forth in the development
standards and conditions if it determines that there will be no material detriment
to the public welfare or safety of persons and property located within a
reasonable distance of such a well.
1. In addition to the application requirements for a conditional use
permit pursuant to pursuant to Chapter 17.64 (Director Review and Approval,
Conditional Use Permits, Amendments and Appeals), an applicant shall also
submit the following:
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a. A plot plan or site development plan drawn at the scale
specified by the planning director, which includes the following
information:
Topography and proposed grading.
ii. Location of all proposed well holes and related
accessory equipment, structures, and facilities to be installed and
any abandoned wells if such are known to exist.
iii. Location of all existing dwellings and buildings used for
other purposes, located within three hundred feet of the proposed
well holes, identification of the use of each structure, and distances
between well holes and existing buildings.
iv. North arrow.
b. Narrative description of the proposed development, including:
i. Acreage or square footage of the property.
ii. Nature of hydrocarbon development activity.
iii. Description of equipment to be used, including height of
derrick.
iv. Distance to all existing buildings.
V. Phasing or development schedule.
C. A copy of the letter, or other official documentation, from
D.O.G.G.R. containing the name and address of the operator of record, if
any, as shown in D.O.G.G.R. records as of thirty days prior to the date the
conditional use permit application is submitted to the planning department
or a written statement from D.O.G.G.R. that there is no party of record with
D.O.G.G.R. relative to the subject site.
d. Additional information may be required, as part of an
application for a conditional use permit, as provided in Chapter 17.64
(Director Review and Approval, Conditional Use Permits, Amendments and
Appeals).
2. Notice of the public hearing shall be expanded to include property
owners within one thousand feet of the property line containing the well site
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subject of the hearing and the operator of record as shown in D.O.G.G.R. records
as of thirty days of the date of application for a conditional use permit.
3. If a producing well or service well is not commenced upon land
subject to the terms of the conditional use permit, or within any extended period
thereof, the conditional use permit shall expire and the premises shall be restored
as nearly as practicable to its original condition. No permit shall expire while the
permittee is continuously conducting drilling, redrilling, completing or
abandoning operations, or related operations, in a well on the lands covered by
such permit, where operations were commenced while said permit was otherwise
in effect. Continuous operations are operations suspended not more than thirty
consecutive days.
4. Any permit issued pursuant to the provisions of this subsection may be
revoked or modified pursuant to Section 17.64.060(1).
D. The owner or operator of any well permitted by this chapter shall provide
the director of prevention services, or designee, a copy of the written notice to
the D.O.G.G.R. of the sale, assignment, transfer, conveyance, or exchange by
the owner or operator of the well within thirty days after the sale, assignment,
transfer, conveyance, or exchange. In addition, the owner or operator shall also
acknowledge that they have notified the new owner or operator of all existing
terms and conditions of the city's permit.
E. Modification to any standards in this chapter may be approved by the
planning director pursuant to the provisions of Chapter 17.64.
F. Every permit issued by the director of prevention services, or designee,
under the provisions of this chapter shall expire by limitation and become null and
void if the work authorized by such permit is not commenced within one year from
the date of such permit. Before such work can be recommenced, a new permit
shall be first obtained to do so, to determine if the permit classification as defined
in subsection A of this section has changed.
G. The director of prevention services, or designee, may, in writing, suspend or
revoke a permit issued under the provisions of this chapter whenever the permit is
issued in error on the basis of incorrect information supplied by the applicant
which results in there being a violation of any ordinance or regulation or any of
the provisions of this chapter.
H. Any city official or employee, for the purpose of reviewing a permit
application, transfer of operation/ownership, complaint, compliance or any other
investigation pursuant to the chapter, shall have the right to enter upon the
premises for inspection provided they give prior notice of such to the operator.
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I. Well sites and production operations established prior to September 19,
1992, may continue to operate pursuant to permits issued for them, and shall be
exempt from the new the provisions of this chapter. However, significant changes
or modifications that necessitate new permits as required by the director of
prevention services, or designee, or the planning director, shall be required to
comply with the provisions of this chapter or obtain modifications as permitted in
subsection E of this section.
J. The city may impose fees to offset the costs associated with permit
processing and condition monitoring pursuant to Chapter 3.70.
K. Attainment of permits pursuant to this chapter does not relieve the
applicant of the responsibility in obtaining permits as required by law from other
local, state or federal agencies. All required federal, state, county, and city rules
and regulations shall be complied with at all times including, but not limited to,
the rules and regulations of the following agencies:
Division of Oil, Gas and Geothermal Resources;
2. City of Bakersfield fire department;
3. Kern County health department;
4. Regional Water Quality Control Board;
5. San Joaquin Valley Unified Air Pollution Control District.
SECTION 15.
Section 15.72.040 of the Bakersfield Municipal Code is hereby amended to
read as follows:
15.72.040 Historic preservation commission—Powers and duties.
The commission shall have the following powers and duties:
A. Establish criteria and conduct or cause to be conducted a comprehensive
survey of properties within the boundaries of the city, and publicize and
periodically update survey results.
B. Adopt specific guidelines for the designation of cultural resources, including.
landmarks, landmark sites, and historic districts.
C. Maintain a local register of designated cultural resources, designated
historic districts and designated areas of historic interest.
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D. Review and correspond with the city council and city departments as to
matters as they relate to the cultural resources of the community.
E. Assist in recommending prescriptive standards to be used by the council in
reviewing applications for permits to alter, remove, preserve, protect, reconstruct,
rehabilitate, restore or stabilize any designated cultural resource or historic district.
F. Recommend to the city council the purchase of fee or less -than -fee
interests in property for purposes of cultural resource preservation and
designation.
G. Investigate and report to the city council on the use of various federal,
state, local, or private funding sources and mechanisms available to promote
cultural resource preservation in the city.
H. Preserve, restore, maintain, and operate designated cultural resources and
historic properties owned or controlled by the city.
I. Recommend for approval or disapproval, in whole or in part, applications
for cultural resource, historic district, or area of historic interest designation
pursuant to procedures set forth in this chapter.
J. Review and comment on applications for land use decisions as such
applications may be referred to the commission by the planning commission or
the city council. Comments and recommendations shall be forwarded to the
referring body.
K. Cooperate with local, county, state and federal governments in the pursuit
of the objectives of historic preservation.
L. Provide information, upon the request of the property owner, on the
restoration, alteration, decoration, landscaping or maintenance of any cultural
resource or property within a historic district or area of historic interest.
M. Participate in, promote, and conduct public information, educational, and
interpretive programs pertaining to cultural resources, historic districts and areas
of historic interest.
N. Perform any other functions that may be designated by the city council.
O. Meet at irregular intervals as determined by the city manager or his or her
designee. All meetings shall be noticed and open to the public.
P. Quorum. Three members of the commission shall constitute a quorum for
the transaction of business. o��AKF9s
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Q. Identify as early as possible conflicts between the preservation of cultural
resources and alternative land uses and make recommendations to the
appropriate legislative body.
R. Establish a procedure for the review of and comment on historic
preservation certification applications for federal tax incentives for both
designated cultural resources and designated historic districts.
SECTION 16.
Section 15.74.180 of the Bakersfield Municipal Code is hereby amended to
read as follows:
15.74.180 Planning commission designated.
A. The planning commission, as established by Section 2.28.030 of this code, is
designated to hear and decide appeals and requests for exemptions from the
requirements of this chapter. Except as may be required in connection with other
proceedings with which determination on a requested exemption is combined,
no public hearing is required. The decision of the planning commission on appeals
and requests for exemptions shall be final.
B. The planning commission shall hear and decide appeals when it is alleged
there is an error in any requirement, decision or determination made by the
administrator of this chapter.
C. In passing upon appeals and requests for exemption, the planning
commission shall consider all technical evaluations, all relevant factors, standards,
etc., specified in other sections of this chapter, and:
1. The danger that materials may be swept onto other lands to the injury
of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
4. The importance of the services provided by the proposed facility to
the community;
5. The necessity to the facility of a waterfront location, where
applicable;
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6. The availability of alternative locations, for the proposed uses that are
not subject to flooding or erosion damage;
7. The compatibility of the proposed use with existing and anticipated
development;
8. The relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
9. The safety of access to the property in times of flood for ordinary and
emergency vehicles;
10. The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters and the effects of wave action, if applicable,
expected at the site;
11. The costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and facilities such
as sewer, gas, electrical, and water system and streets and bridges.
D. Generally, exemptions may be issued for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size contiguous to
and surrounded by lots with existing structures constructed below the base flood
level, providing subsection D of Section 15.74.190 has been fully considered. As
the lot size increases beyond the one-half acre, the technical justification required
for issuing the variance increases.
E. Upon consideration of the factors of subsection D of Section 15.74.190 and
the purpose of this chapter, the city of Bakersfield planning commission may
attach such conditions to the granting of exemptions as it deems necessary to
further the purpose of this chapter, and upon the issuance of any exemption to
construct a structure below the base flood level that notice will be given that
increased premium rates for flood insurance up to amounts as high as twenty-five
dollars for one hundred dollars of coverage may result, and that such construction
below the base flood level increases the risk to life and property. The planning
commission may require the flood plain administrator to record a copy of this
notice in the office of the county recorder in such a manner that it appears in the
chain of title of the affected parcel of land.
F. The floodplain administrator shall maintain a record of all appeal actions,
including the justification for the issuances of any exceptions, and report such
exceptions issued in required reports submitted to the Federal Insurance
Administration, Federal Emergency Management Agency.
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SECTION 17.
Section 17.04.155 of the Bakersfield Municipal Code is hereby amended to
read as follows:
17.04.155 Conditional uses.
"Conditional use" is a use which requires special review and control by the
planning commission or the city council to ensure compatibility with other existing
or permitted uses in the vicinity.
SECTION 18.
Section 17.08.180 of the Bakersfield Municipal Code is hereby amended to
read as follows:
17.08.180 Fence, walls and hedges—Regulations.
A. In the R-1, R-2, R-3 and R-4 zones, no fence, wall or hedge located in the
rear or side yards shall exceed a height of six feet unless a greater height is
required by city or state regulations for noise attenuation or sight screening. On
all through lots located in these zones in which the rear lot line abuts a state
highway, major highway or secondary highway and is below the grade of the
roadway, at the roadway grade, or less than ten feet above the roadway grade,
a masonry wall as defined by Section 17.04.462 shall be provided.
B. In the R-1, R-2, R-3 and R-4 zones, no fence, wall or hedge located in the
required front yard shall exceed a height of four feet, except in the following
situations, in which such fence or wall may be higher but shall not exceed a height
of six feet:
1. Where, as determined by the planning commission, a side yard is
adjacent to an arterial or collector street and a higher wall is necessary to finish
the required subdivision wall.
2. Where, as determined by the city council, planning commission, or
planning director, a higher fence or wall is necessary for purpose of noise
attenuation.
C. Reserved.
D. In the R-1, R-2, R-3 and R-4 zones no barbed or electrified wire shall be used
or maintained in or about the construction of a fence, wall or hedge along the
front, side or rear lines of any lot, or within three feet of said lines, and no sharp
wire or points shall project at the top of any fence or wall less than six feet in height.
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E. In the C -O, C -C, C-1, C-2, M-1 and M-2 zones no barbed or electrified wire
shall be erected, installed, used or maintained or caused to be erected, installed,
used or maintained on, in or about any fence, wall or hedge along the front, side
or rear lines of any lot, nor shall any barbed wire be erected, installed, used or
maintained or caused to be erected, installed, used or maintained, for fencing
purposes, or as a barrier across or around any lot, or portion thereof, or around
any building or structure upon or along any street, alley or public way, unless the
lowest strand of barbed wire is installed not less than six feet three inches above
the highest adjoining grade on either side of such fence; where barbed or
electrified wire is erected, installed, used or maintained in accordance with this
subsection, it shall not extend over or into any abutting property or public right-
of-way and shall, in all cases, either extend in toward the owner's side of such
fence or directly vertical, subject to approval by the building director.
F. In the A zone barbed or electrified wire for agricultural fencing purposes
shall be permitted to be erected, installed, used or maintained at locations at
least one thousand three hundred feet from any residential area as defined in
Section 17.32.020, and not otherwise, subject to approval by the building director.
G. Fences constructed prior to September 1, 1983, intended to act as
protective enclosures and to make canals inaccessible to small children, are
exempted from the restrictions of subsections D, E and F of this section.
'i**31101►iPa
Section 17.45.050 of the Bakersfield Municipal Code is hereby amended to
read as follows:
17.45.050 Permits.
Before that portion of any nonconforming structure which exceeds the height
limitation established by the airport approach zoning map and Section 17.45.020
may be structurally altered and before any nonconforming structure or tree may
be replaced, reconstructed, allowed to grow higher or replanted, a permit must
be secured from the planning director authorizing such structural alteration,
replacement, reconstruction or change. These portions of an existing
nonconforming structure below the applicable height limitations may be
structurally altered, repaired and added to, and those portions of an existing
nonconforming structure above the applicable height limitation may be repaired
and minor replacements made therein without securing such a permit unless such
structural alteration, repair, addition, or enlargement exceeds the applicable
height limitation. No such permit shall be granted that would allow the creation
of an airport hazard or permit a nonconforming structure or tree or
nonconforming use to be made or become higher or become a greater hazard
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to air navigation than it was on the date that this chapter was made applicable
to a particular airport. All other applications for such permits may be granted.
SECTION 20.
Chapter 17.56 of the Bakersfield Municipal Code is hereby amended to
read as follows:
17.56.010 Definitions.
A. "Building official" means the chief building inspector of the city.
B. "Fallout shelter" means a structure designed and used exclusively for the
purpose of protecting human life from the effects of nuclear weapons.
C. "Yard area" means land unoccupied or unobstructed, except for such
encroachments as may be permitted by this title surrounding a building.
17.56.020 Permit required.
No person, firm or corporation shall erect, construct, enlarge, alter, repair, move,
improve, remove, convert or demolish any fallout shelter in the city or cause the
same to be done, without first obtaining a permit from the building official of the
city.
17.56.030 Zoning.
A fallout shelter may be constructed in and shall be a permissible accessory use
in any land use zone within the city, provided, that the structure is built in
compliance with all regulations and restrictions applicable to such zoned area
under Title 17 of this code entitled Zoning, including but not limited to front yard,
side yard and setback regulations, with the exception of those modifications to
zoning regulations or restrictions which have been approved within a director
review and approval permit or the city council as provided in Section 17.56.040.
17.56.040 Waiver of restrictions.
A. When special circumstances exist which are applicable to a parcel of
property upon which any interested person desires to construct a fallout shelter
such as size, shape, topography, location, surroundings, access or similar physical
factors which make it impossible for the applicant to comply with all zoning
regulations or restrictions which would otherwise be applicable to such property,
the applicant may file a verified application for a director review and approval
with the planning director requesting that such regulations or restrictions be
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B. The planning director shall hold a public hearing consistent with Section
17.64.050 (Hearings—Notices) at which time the planning director may either
grant or deny the application.
C. In granting any such application the planning director may impose such
conditions as deemed necessary or desirable to protect the neighborhood or
adjoining properties.
17.56.050 Shelters within front and side yard areas.
Notwithstanding any provision in Section 17.56.040 to the contrary, a fallout shelter
shall not be permitted by the planning director in any front yard or any side yard
as defined in Title 17 of this code unless the following conditions are satisfied:
A. The fallout shelter will not protrude above the existing grade of the lot,
with the exception of ventilators and entrance ways;
B. The entrance ways will not exceed twenty-four inches in height above
the existing grade of the lot;
C. Projecting vents will not exceed more than thirty-six inches above the
existing grade of the lot;
D. The structure will not be located closer than five feet to the front
property line, the official plan line or the future street line as defined on official
master plans.
17.56.060 Appeal.
A. Any person who is dissatisfied with the decision of the planning director
concerning any matter affecting his application for the installation of a fallout
shelter may appeal to the planning commission.
B. All decisions of the planning director acting under the authority of this
chapter shall be final and conclusive upon the expiration of ten days following
the decision of the director unless a written appeal is filed with the planning
department within said ten-day period.
C. The planning director shall cause a written notice of the decision to be
mailed to the applicant.
17.56.070 Structural standards.
Each fallout shelter must conform to the requirements of Chapter 15.12. $NK49�
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17.56.080 Time limit for construction pursuant to waiver of restrictions.
Any waiver of restrictions granted pursuant to Section 17.56.040 shall be null and
void if the applicant does not exercise the privilege of constructing a fallout
shelter within six months following the date the application is granted by the
planning director or by the planning commission.
17.56.090 Use restricted.
A. Any fallout shelter which has been constructed in a front or side yard area
pursuant to Section 17.56.040 shall not be used for any purposes other than
protection from nuclear fallout and the storage of emergency supplies.
B. The use of such a shelter for purposes other than those referred to in this
section shall constitute a public nuisance.
17.56.100 Covenant to remove.
Whenever any application for a waiver of restrictions is granted pursuant to
Section 17.56.040 the owner of the property upon which the fallout shelter is to be
constructed shall record a covenant in the chain of title for the benefit of the city
stating that the owner and his successors in interest will remove said fallout shelter
within six months after the adoption by the city council of a resolution declaring
that such shelters are no longer necessary for the protection of human life.
SECTION 21.
Section 17.59.020 of the Bakersfield Municipal Code is hereby amended to
read as follows:
17.59.020 Review process.
A. All wireless telecommunication facilities not in the public right-of-way,
including antennas, towers, mounted poles, and satellite dishes shall be subject
to review as follows:
Exemptions. The following installations are exempt from the provisions
of this chapter:
a. The installation of one ground -mounted satellite dish antenna for
the private, personal use of the occupants of a dwelling, which is less than
ten feet in diameter and less than fifteen feet in height and complies with
all applicable accessory structure setbacks. o�`�AKF9s
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b. One satellite dish antenna for the private, personal use of the
occupants of a dwelling, which is less than twenty-four inches in diameter
installed on a building providing that such antenna does not extend above
the roof -line of the building.
c. One single -pole, tower roof, or ground -mounted television, or
amateur radio antenna for the private, personal use of the occupants of a
dwelling provided such antenna is no more than sixty-five feet in height
from grade and complies with all applicable accessory structure setbacks.
B. Director Review and Approval. The following shall be reviewed by the
planning director or designee, prior to the issuance of a building permit. The
applicant shall include with their plans all drawings, renderings, photographs and
other necessary documents that clearly shows how the proposed facilities will
meet the required development standards.
1. Antennas mounted on a building or rooftop and that are screened
from view from all adjacent public rights-of-way and adjacent residentially zoned
or designated properties.
2. Antennas architecturally integrated within a building or structure, or
concealed so as not to be recognized as an antenna, such as clock towers,
carillon towers, flagpoles, and steeples. These antennas may be permitted in any
zone district.
3. Antennas mounted on other existing structures including, but not
limited to, water tanks, pump stations, utility poles, field lighting and signs
(excluding outdoor advertising structures), where the antenna height does not
exceed the structure height nor project more than eighteen inches from the
structure. The antennas shall also be painted to match the color of the building or
structure, and/or be covered or architecturally screened with materials using the
latest stealth design features so that it is indistinguishable from the main structure.
These antennas may be permitted in any zone district.
4. Antennas mounted on existing electrical transmission towers in any
zone district where the antenna height is no more than ten feet above the height
of the tower, the antenna blends with the architectural design of the tower, and
the utility company has given written permission for such co -location.
5. Co -location of new equipment on an existing legally approved
antenna or tower that blends with the architectural design of the existing facility
and meets all other requirements of this chapter.
6. Modification of existing telecommunications facilities that existed
prior to the effective date of the ordinance codified in this chapter where the
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physical area of the reconfigured or altered antenna does not exceed twenty-
five percent of the original approval, blends with the architectural design of the
existing facility, and meets all other requirements of this chapter.
7. Stand-alone monopole camouflaged as a palm tree, pine tree or
other natural object.
8. Stand-alone slim -line monopole with flush -mounted vertical
antennas employing the latest stealth design features. A slim -line monopole shall
measure no more than twenty-four inches in diameter at the base that tapers
smaller toward the top. The maximum distance of antenna arrays projecting from
the pole shall not exceed eighteen inches.
C. Director Review and Approval. The following shall be reviewed by the
planning director, subject to a director review and approval permit in
accordance with Chapter 17.64. The applicant shall include with their plans all
drawings, renderings, photographs and other necessary documents that clearly
shows how the proposed facilities will meet the required development standards.
1. Facilities that do not meet the requirements of subsection B of this
section or the development standards in Section 17.59.030.
2. New uncamouflaged monopoles.
3. All other wireless communication facilities not in the public right-of-
way, including lattice towers.
4. Placement of a commercial antenna or satellite dish antenna on any
building not screened from view from all adjacent public rights-of-way and
adjacent residentially zoned or designated properties.
5. On property zoned or designated residential, residential suburban,
agricultural, or open space unless otherwise provided by this chapter.
SECTION 22.
Section 17.60.020 of the Bakersfield Municipal Code is hereby amended to
read as follows:
17.60.020 Permits.
A. Permit Required. No sign shall be painted, placed, pasted, posted, printed,
tacked, fastened, constructed, erected, re -erected, installed, altered or
otherwise permitted or maintained without first obtaining a permit from the
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building director in accordance with the requirements of this chapter and
Chapter 15.36 of this code.
B. Permit Not Required. Regardless of subsection A of this section, permits from
the building director are not required for the following signs:
1. Real estate sales, rent, lease or open house; construction/home
improvement, future facility use or tenant signs, and agricultural signs not
exceeding sixteen square feet in area and six feet in height, placed on the
property subject to such sign;
2. Changing of the advertising copy or message on a theater marquee,
readerboard, menuboard, or similar such sign;
3. Repainting or cleaning of an outdoor advertising structure or
changing the advertising copy or message thereon shall not be considered an
erection or alteration which requires a sign permit unless a structural change is
made;
4. Nonilluminated promotional window sign as regulated by the zone
district in which it is located;
5. Garage/yard sale and estate sale signs, pursuant to the requirements
of Section 17.60.060(B);
6. Noncommercial signs, pursuant to the requirements of Section
17.60.070(C);
7. Flags for model homes as regulated in the residential districts;
8. Nameplate, as regulated;
9. Signs that are exempt as specified in Section 17.60.080;
10. Nonprofit special event signs subject to the provisions of Section
17.60.070(6) (5);
11. Pole banners, pennants/streamers in compliance with the provisions
of Sections 17.60.060(6) (4) and (5) .
C. Other Actions. Uses permitted under conditional use permits, wall and
landscape plans, zone changes, specific plans, and other such projects may
include signage as part of and in accordance with the permit or project. The
planning commission; or city council may approve, deny, limit or grant
modifications to such signage consistent with the provisions of this chapter. If a o��AKF9`s'
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comprehensive sign plan is required as a condition of approval for such project,
a separate application for said plan shall be required pursuant to Section
17.60.030.
D. Exceptions. The building director may, in writing, grant exceptions to the
following sign regulations provided it has been determined that strict application
of the provisions of this chapter places an unnecessary hardship in satisfying the
purposes of this chapter:
1. Reduction of the minimum sign setbacks or minimum distance
between signs of not more than ten feet;
2. Signage on properties having no street frontage; provided, that any
such sign permitted shall not exceed the regulations as delineated by the zone
district in which they are located;
3. Additional on-site residential project identification signs, not to
exceed two additional per project, or an increase in sign area of one residential
identification project sign to sixty-four square feet;
4. An increase of a monument sign located within a commercial or
industrial zone district to sixty square feet in area and twelve feet in height,
provided the total number of monument signs per street frontage shall not
exceed two signs and no pylon sign exists along that street frontage or will be
permitted.
E. Modification of Regulations Not Permitted. Signs shall only be permitted
provided they meet the regulations of the zone district in which they are located
for that type of sign. With the exception of subsection D of this section or Section
17.60.030 regarding comprehensive sign plans, no waivers of, exceptions to, or
modification of any regulation of this chapter shall be permitted.
F. Fees. The city may impose fees to offset the costs associated with permit
administration and monitoring pursuant to Chapter 3.70.
SECTION 23.
Section 17.60.030 of the Bakersfield Municipal Code is hereby amended to
read as follows:
17.60.030 Comprehensive sign plans.
The comprehensive sign plan is a program that may allow developers or business
owners of a shopping/business center or other such project, to request special
consideration of signs that are specifically integrated into the overall architectural OR 'p,
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style or theme for that project. Because signage can play an important role in the
overall site design in order to set it apart from other similar projects, a
comprehensive sign plan can create an effect both desired and unique that will
enhance the overall environment of the development. However, it is not the
intent of this section to be used to request relief of the sign regulations in order to
circumvent any requirements or purpose of this chapter.
A. General Requirements. Any person may file with the city a comprehensive
sign plan application for only the following projects:
1. Shopping/business center developments as defined in this title,
including office and industrial complexes. The application for the plan shall be
signed by more than fifty percent of the property owners, not including royalty
interests, of the real property constituting the center.
2. PCD (planned commercial development) projects.
3. Areas covered by a specific plan where signage was not identified
in said plan.
4. Public and semi-public institutional projects.
5. Neighborhood/subdivision identification sign program. This program
is limited to developments of one hundred acres or more that have frontage
along an arterial and/or collector street of one-half mile or more.
B. Condition of Project Approval. Comprehensive sign plans may be required
by the city council or planning commission, as part of any project approval as
specified in Section 17.60.020(C).
C. Application Information. Any comprehensive sign plan application shall be
submitted to the planning department on a form provided by that department.
Information submitted shall include, but is not limited to, location, size, height,
color, lighting, number, visual effects, and orientation of all proposed and existing
signs as they pertain to the comprehensive sign plan.
D. Authority and Review. The planning commission shall have the authority
under the conditions provided in this chapter to permit the utilization of
comprehensive sign plans and may approve signs that are more or less restrictive
than the sign regulations set forth in this chapter.
1. All comprehensive sign plan requests shall be heard by the planning
commission at a public hearing. The applicant, their authorized agent, property
owners and operators of the businesses affected shall be notified by mail of the
time and place of the hearing before the planning commission at least ten days
before hearing.
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2. Exceptions to the sign regulations in this chapter may be permitted,
provided the planning commission finds that the comprehensive sign plan as a
whole is in conformity with the purpose of this chapter and such exceptions are
for the general welfare resulting in an improved relationship among the various
signs, building facades, or overall project covered by the plan.
3. The planning commission may require special conditions on
approved plans such as, but not limited to, bonds or other type of security to
ensure the removal or abatement of signs that are abandoned or are in violation
of any condition of an approved plan, or a time schedule for any sign program
where signage is not considered permanent.
4. The planning commission shall either approve, conditionally approve
or disapprove the comprehensive sign plan at the public hearing. All decisions by
the planning commission are final and conclusive.
5. An approved comprehensive sign plan may be changed or
modified subject to the same process as a new application.
6. Where an application for a comprehensive sign plan has been
denied by the planning commission, no reapplication or new application for the
same or nearly the same such plan on the property shall be considered for a
period of one year from the date of the decision. However, where a change has
occurred which, in the discretion of the planning commission, indicates that the
new application is significantly different and that reconsideration would serve the
public interest, this time period may be waived provided the planning commission
makes such a finding.
7. The planning director may grant minor changes to an approved
comprehensive sign plan provided any such change does not alter the overall
architectural design or style of signs approved by such plan, and there is no
increase in the total area of signs.
E. Future Signs. A comprehensive sign plan may be approved where signs for
satellite pads or other such detached future buildings have not been identified
and considered under such approved plan. In these instances, unless otherwise
conditioned, such future signs shall be subject to the requirements of the C-1 zone
district.
F. Existing Signs as Part of a Comprehensive Sign Plan. If any new or amended
comprehensive sign plan is filed for property on which existing signs are located,
those signs shall be integrated into the plan and shall be in compliance with that
plan prior to issuance of a permit for any new sign permitted under said plan.
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G. Permits Prohibited Until Decision Rendered. No permit shall be issued for any
sign on property where a comprehensive sign plan has been applied for and is
pending a decision from the planning commission.
H. Withdrawal of Plan. An approved comprehensive sign plan may be
withdrawn by the applicant provided: (1) it is not required as a condition of
project approval; (2) no signs have been installed pursuant to such plan; (3) all
signs installed since approval of said plan comply with the requirements of the
zone district in which they are located; or (4) all signs in the center or project
comply with the provisions of the zone district in which they are located. The
withdrawal shall be submitted in writing to the planning department.
I. Binding Effect. After approval of a comprehensive sign plan, no signs shall
be erected, placed, painted, installed, or otherwise permitted, except in
conformance with said plan. The plan shall be enforced in the same manner as
any other provision in this chapter. The comprehensive sign plan shall be attached
to the lease agreements or sale of space within the project and becomes binding
for the entire site for both existing and future owners/tenants. In case of any
conflict between the provisions of the plan and this chapter, the approved plan
shall control.
SECTION 24.
Section 17.62.050 of the Bakersfield Municipal Code is hereby amended to
read as follows:
17.62.050 Permit review procedure.
A. Application. A conditional use permit shall be required for all applications
for a surface mining operation or land reclamation project, including any
reclamation plan and financial assurance. The application for the permit shall be
filed with the planning director on forms provided by the director, and shall
include all information as necessary to meet city ordinances, CEQA, SMARA and
any other information that the director finds necessary to ensure that the project
can be adequately evaluated.
B. Authority. The planning commission shall have the authority to grant or
deny, subject to appeal to the city council, the following:
1. A conditional use permit to conduct surface mining operation;
2. A reclamation plan;
3. Financial assurance for reclamation of mined lands;
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4. Amendments to any term, condition or other consideration
regarding a surface mining operation, reclamation plan or financial assurance;
5. An interim management plan as defined in SMARA for idle surface
mining operations;
6. Environmental determinations concerning the conditional use permit
for surface mining operations;
7. Revocation of the conditional use permit.
C. Review Process. The procedures contained in Chapter 17.64 relating to
processing a conditional use permit, including but not limited to, notice, public
hearings, permit rights and restrictions, extensions and appeals shall apply to any
project regulated by this chapter.
D. Additional Notice. In addition to the notice required under the conditional
use procedure and CEQA, notice shall also be provided as follows:
1. Within thirty days of acceptance of an application as complete, the
Planning Director shall notify the State Department of Conservation of the filing of
the application.
2. If mining operations are proposed in the one hundred -year floodplain
of any watercourse as shown in Zone A of the Flood Insurance Rate Maps issued
by the Federal Emergency Management Agency, and within one mile, upstream
or downstream, of any state highway bridge, the planning director shall notify the
State Department of Transportation that the application has been received.
3. The above notifications may be combined with any other notice or
consultation necessary to meet CEQA requirements.
E. Agency Consultation and Comments. In addition to the consultation and
comment period required by city ordinance and CEQA, the State Department of
Conservation shall be given thirty days to review and comment on a reclamation
plan and forty-five days to review and comment on a financial assurance (PRC
Section 2774(d)). The planning commission shall consider all written comments
received, if any, from the State Department of Conservation and any other
person or agency during the comment period.
F. Required Findings. In addition to any findings required by Chapter 17.64 for
conditional use permits, an approval for a surface mining operation, reclamation
plan and financial assurance shall include findings that the project complies with
the provisions of SMARA and related state regulations. o�gAKE9s�
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G. Distribution of Final Decision. In addition to the final decision being
distributed to interested persons and/or agencies as may be required by city
ordinance and CEQA, a copy of each approved and/or amended conditional
use permit for a surface mining operation, reclamation plan and/or financial
assurance shall also be forwarded to the State Department of Conservation.
H. Amendments. Amendments to any approved surface mining operation,
reclamation plan and/or financial assurance, shall be processed in the same
manner as a new application.
SECTION 25.
Section 17.63.050 of the Bakersfield Municipal Code is hereby amended to
read as follows:
17.63.050 Appeal.
A. Should any applicant be dissatisfied with the decision of the planning
director not to grant a permit or for the revocation of a permit, then said applicant
or permit holder may, no later than ten days after notice of such decision is
deposited in the United States mail addressed to the applicant or permittee at
the address provided on the application, appeal the decision to the planning
commission by filing such appeal with the planning department.
B. The planning director shall set the date for hearing the appeal at a regular
meeting within a reasonable time following filing of the appeal. Notice of the
appeal shall be given in the same manner as required in Section 17.64.050.
C. The planning commission may sustain, suspend, or overrule the decision of
the planning director. Their decision shall be final and conclusive.
D. Pending the hearing before the planning commission, the decision of the
planning director shall remain in full force and effect, and any reversal by the
planning commission shall not be retroactive but shall take effect as of the date
of the planning commission's decision.
SECTION 26.
Section 17.66.180 of the Bakersfield Municipal Code is hereby amended to
read as follows:
17.66.180 Appeals.
A. A determination by staff of the provisions of this chapter may be appealed
to the planning commission. The action of staff shall be final unless, within ten dayso��AKF9s�
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of their decision, the applicant or any other person appeals in writing to the
planning commission by filing such appeal with the planning director and paying
appropriate fees.
B. A determination by the planning commission pursuant to this chapter may
be appealed to the city council pursuant to the appeals procedures of Chapter
16.52 in the case of subdivision map approvals, or Chapter 17.64, in the case of
director review and approval, conditional use permits, or zone changes.
C. On appeal, the city council or planning commission may grant
modifications from the provisions of this chapter where the appellant clearly
demonstrates a practical difficulty in carrying out a specified provision. In granting
the modification, the city council or planning commission shall first find that the
strict application of a specified provision is impractical and that the modification
is in conformance with the intent of this chapter that the modification does not
lessen any fire protection or other public safety requirements and/or serves to
protect views as required by this chapter.
SECTION 27.
Section 17.68.040 of the Bakersfield Municipal Code is hereby amended to
read as follows:
17.68.040 Changes or expansion to legal nonconforming uses.
The planning commission or city council may allow changes or expansions to legal
nonconforming uses as set forth in subsections A through D of this section. They
shall use the procedures adopted for conditional use permits according to
Chapter 17.64, except that they shall make findings set forth in subsection E of this
section.
A. A legal nonconforming use may be changed to another nonconforming
use of the same or more restrictive nature.
B. A structure occupied by a legal non -conforming use that has ceased or
been abandoned according to Section 17.68.030(C) may be permitted to be
used for the same or more restrictive use if the structure cannot be used for any
use consistent with the zone district in which it is located.
C. A legal nonconforming use may be enlarged, expanded, or extended
when such use is necessary due to economic market demands for the goods,
products, or services provided.
D. Time restrictions specified in Sections 17.68.020(A), 17.68.030(C), (H), or
17.68.060 may be extended. $NKF
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E. The planning commission or city council shall make the following findings
regarding changes or expansions to legal nonconforming uses:
1. The proposed change or expansion of the legal nonconforming use
is essential and/or desirable to the public convenience or welfare.
2. The proposed change or expansion of the legal nonconforming use
is consistent with the intent and purpose of the ordinance that caused the use to
become nonconforming.
3. The change or expansion of the nonconforming use will have a
positive impact on the surrounding conforming uses and the area overall.
4. Other property where the use would be conforming is unavailable,
either physically or economically.
5. No other appropriate remedies are available to bring the use into
conformance, including amending the zone district boundary and/or zoning
ordinance text.
SECTION 28.
Section 17.71.040 of the Bakersfield Municipal Code is hereby amended to
read as follows:
17.71.040 Additional standards for specific uses.
In addition to the general standards contained in Section 17.71.030, the following
shall apply to the specific use identified below:
A. Parking Lots and Garages.
1. Lighting shall be in accordance with the provisions in Section
17.58.060(B).
B. Outdoor Performance, Sports, and Recreation Facilities.
1. Where playing fields or other special activity areas are to be
illuminated, lighting fixtures shall be mounted, aimed, and shielded so that their
beams fall within the primary playing area and immediate surroundings within the
project site. Illumination should be no greater than the minimum recommended
levels established by the Illuminating Engineering Society of North America (IESNA)
for the type of activity. Illumination should also meet, without exceeding, the
IESNA recommendations for the IESNA defined illumination class appropriate for
the predominant use of the facility. o�0AK�9�T
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2. The main lighting shall be turned off within one hour or as soon as
possible following the end of an event. Where feasible, a low level lighting system
may be used immediately following events to facilitate patrons leaving the
facility, cleanup, maintenance, and other closing activities.
3. Because lighted fields and other lighted outdoor facilities may also
be subject to discretionary approval, operational regulations, and the standards
in this chapter may be further restricted, modified or otherwise conditioned by the
planning commission, or city council.
SECTION 29.
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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by the
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted,
Council of the City of Bakersfield at a regular meeting thereof held on
SEP 2 3 2020 by the following vote:
AYES: COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER
NOES: COUNCILMEMBER: NONE
ABSTAIN: COUNCILMEMBER: NONE
ABSENT: COUNCILMEMBER: NONE
APPROVED: S 2 3 2020
By:
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Atto ney
By: /
VIRIDIA A GALLARDO-KIN
Deputy City Attorney
J LIE DRIMAKIS, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
P, K,9q
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ORIGINAL
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 25th day of September, 2020 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 5020, passed by the
Bakersfield City Council at a meeting held on the 23rd -day of September, 2020 and
entitled:
ORDINANCE AMENDING CHAPTER 17.64, SECTIONS 020, 040, 042, 050, 060, 090, AND
110, AMENDING SECTION 1.28.030, SECTION 2.28.080, SECTION 2.28.110, SECTION
12.64.020, SECTION 15.66.020, SECTION 15.66.030, SECTION 15.72.040, SECTION
15.74.180, SECTION 17.04.155, SECTION 17.08.180, SECTION 17.45.050, AMENDING
CHAPTER 17.56, SECTIONS 010, 030, 040, 050, 060, AND 080, SECTION 17.59.020,
CHAPTER 17.60, SECTIONS 020 AND 030, SECTION 17.62.050, SECTION 17.63.050,
SECTION 17.66.180, SECTION 17.68.040, AND SECTION 17.71.040, AND REPEALING
SECTION 2.28.090 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO
DISOLVING THE BOARD OF ZONING ADJUSTMENT AND ASSIGNING ITS
RESPONSIBILITIES TO THE PLANNING COMMISSION AND THE PLANNING
DIRECTOR.
JULIE DRIMAKIS, CMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEPU City Cler
SADOCUMENIIFORMSWOP.ORD.wpd