HomeMy WebLinkAbout05/06/2021
Staff: Committee Members:
Jacqui Kitchen, Assistant City Manager Councilmember, Bruce Freeman – Chair
Councilmember, Bob Smith
Councilmember, Patty Gray
Special Meeting of the
Planning and Development Committee
of the City Council – City of Bakersfield
Thursday, May 6, 2021
1:00 p.m.
City Hall North – Conference Room A
1600 Truxtun Avenue, Bakersfield CA 93301 A G E N D A 1. ROLL CALL
2. PUBLIC STATEMENTS
3. ADOPT MARCH 11, 2021 AGENDA SUMMARY REPORT
4. DEFFERED BUSINESS A. Committee Discussion and Recommendations Regarding Boutique Wineries in
Downtown – Boyle/Gennaro 5. NEW BUSINESS
A. Committee Discussion and Recommendations Regarding Enhanced Standards for Large Apartment Complexes including Overlays and Elevations Standards for Infill
and General Projects – Kitchen/Boyle 6. COMMITTEE COMMENTS 7. ADJOURNMENT
Planning and Development Committee
Special Meeting May 6, 2021 Agenda
Page 2
SPECIAL NOTICE Public Participation and Accessibility May 6, 2021 Planning and Development Committee
On March 18, 2020, Governor Gavin Newsom issued Executive Order N-29-20, which includes a
waiver of Brown Act provisions requiring physical presence of the Committee members or the
public in light of the COVID-19 pandemic.
Based on guidance from the California Governor’s Office and Department of Public Health, as
well as the County Health Officer, in order to minimize the potential spread of the COVID-19 virus, the City of Bakersfield hereby provides notice that as a result of the declared federal,
state, and local health emergencies, and in light of the Governor’s order, the following adjustments have been made:
1. The meeting scheduled for May 6, 2021, at 1:00 p.m. will have limited public access. 2. Consistent with the Executive Order, Committee members may elect to attend the
meeting telephonically and to participate in the meeting to the same extent as if they were physically present.
3. The public may participate in each meeting and address the Committee as follows:
• If you wish to comment on a specific agenda item, submit your comment via
email to the City Clerk at City_Clerk@bakersfieldcity.us no later than 5:00 p.m. Wednesday, the day before the Committee meeting. Please clearly indicate
which agenda item number your comment pertains to.
• If you wish to make a general public comment not related to a specific agenda
item, submit your comment via email to the City Clerk at City_Clerk@bakersfieldcity.us no later than 5:00 p.m. Wednesday, the day before the Committee meeting.
• Alternatively, you may comment by calling (661) 326-3100 and leaving a
voicemail of no more than 3 minutes no later than 5:00 p.m. Wednesday, the day before the Committee meeting. Your message must clearly indicate whether your
comment relates to a particular agenda item, or is a general public comment. If
your comment meets the foregoing criteria, it will be transcribed as accurately as
possible.
• If you wish to make a comment on a specific agenda item as it is being heard,
please email your written comment to the City Clerk
at City_Clerk@bakersfieldcity.us. All comments received during the meeting may not be read, but will be provided to the Committee and included as part of the
permanent public record of the meeting.
S:\Council Committees\2021\Planning and Development\03_March Page 1 JK:pa:mc
Committee Members
Staff: Jacqui Kitchen Councilmember, Bruce Freeman Chair
Assistant City Manager Councilmember, Patty Gray
Councilmember, Bob Smith
SPECIAL MEETING OF THE PLANNING AND DEVELOPMENT COMMITTEE Thursday, March 11, 2021 12:00 p.m. City Hall North – Conference Room A 1600 Truxtun Avenue, Bakersfield, CA 93301
AGENDA SUMMARY REPORT
The meeting was called to order at 12:00 p.m. 1. ROLL CALL
Committee members present: Councilmember, Bruce Freeman, Chair
Councilmember, Bob Smith
Councilmember, Patty Gray
City Staff: Christian Clegg, City Manager
Jacqui Kitchen, Assistant City Manager Anthony Valdez, Administrative Analyst Virginia “Ginny” Gennaro, City Attorney
Viridiana Gallardo-King, Deputy City Attorney
Ashley Zambrano, Deputy City Attorney
Christopher Boyle, Development Services Director
Phil Burns, Building Director
Paul Johnson, Planning Director Additional Attendees: Members of the Public
2. ADOPT NOVEMBER 17, 2020 AGENDA SUMMARY REPORT
The report was adopted as submitted.
3. PUBLIC STATEMENTS There were three public statements made in support of exploring micro, or boutique, wineries in the downtown area.
/S/ Jacqui Kitchen
DRAFT
S:\Council Committees\2021\Planning and Development\03_March Page 2
JK:pa:mc
4. NEW BUSINESS
A. Committee Discussion and Recommendation Regarding Boutique Wineries in Downtown –
Kitchen/Boyle
Development Services Director Boyle provided a PowerPoint presentation in response to the referral made by Councilmember Gonzales at the November 18, 2020 City Council meeting to explore micro, or boutique, wineries in the downtown area. The presentation summarized the memorandum included in the agenda packet.
Committee member Smith inquired about how the proposed ordinance changes affected
the zoning requirements for wineries and whether it would require a public hearing, a site plan
review, or be allowed by right. Development Services Director Boyle responded that a site
plan review would be needed for areas designated regional commercial (C-2) and
community commercial (C-C) zones. Committee Chair Freeman inquired about which areas would require the use of a conditional
use permit. Development Services Director Boyle responded that a conditional use permit
would be required for wineries located within an industrial zone (M-1). Chair Freeman directed
staff to research possible parking requirements.
Committee member Smith made a motion to have staff further research the amendment to
the Municipal Code to add “Boutique Winery” to the list of definitions, add Boutique Winery as permitted use in C-2 and M-2 zones, and add Boutique Winery as conditionally permitted use in M-1 zone. and report back to Committee the findings at a future meeting. The motion
was unanimously approved.
B. Committee Discussion and Recommendations Regarding Shipping Container Architecture –
Kitchen/Boyle
Development Services Director Boyle provided a PowerPoint presentation in response to the referral made by Councilmember Gonzales at the September 9, 2020 City Council meeting to amendment the current ordinance that addresses the use of storage containers for human habitation in the downtown area. The presentation summarized the memorandum included
in the agenda packet.
Committee member Smith inquired about the number of permitted storage container units
allowed per site. Assistant City Manager Kitchen responded that each conditional use permit
request would be determined on a case-by-case. Committee Chair Freeman made a motion directing staff to further research the topic to
update the ordinance and report back to the Committee at a future meeting. The motion
was unanimously approved.
C. Discussion and Committee Recommendations Regarding Adoption of the 2021 Committee
Meeting Schedule - Kitchen
The Committee meeting schedule was adopted with the modification to hold the May meeting on May 6. meeting date.
5. COMMITTEE COMMENTS
None
6. ADJOURNMENT The meeting adjourned at 12:45 p.m. DRAFT
MEMORANDUM
May 6, 2021
TO: PLANNING AND DEVELOPMENT COMMITTEE
Bruce Freeman, Chair
Bob Smith
Patty Gray
FROM: Christopher Boyle, Development Services Director
Paul Johnson, Planning Director
SUBJECT: Boutique Wineries
At the November 18, 2020 City Council meeting, Councilmember Gonzales made a referral to the Planning and
Development Committee to explore micro, or boutique, wineries in the downtown area. At the March 11, 2021
Committee meeting, staff presented information on the following topics:
• Background
• Other Jurisdiction’s Permitting
• State Licensing Overview
• Operational Standards and Permitting
• Options
During the meeting, the Committee also heard public testimony for local wineries in support of boutique wineries
in the downtown area. The Committee directed staff to bring back a draft Ordinance with the definition of
boutique winery and incorporating the use into the Zoning Ordinance as “by right” in the Downtown area; subject
to basic operational standards.
DEFINITION. The purpose of regulating boutique wineries is to ensure there are no negative impacts to the City’s
utility system, to ensure compliance with State requirements, and for compatibility with surrounding properties.
In determining a manufacturing limit, the wine industry has generally settled on boutique winery as a small
vineyard producing less than 10,000 cases annually. This was corroborated by public speakers during the
Committee meeting. A standard bottle of wine is 750 milliliters, meaning a case of 12 bottles contains 9 liters, or
2.378 gallons. Therefore, 10,000 cases of wine is approximately 9,000 liters or 23,780 gallons.
Planning and Development Council Committee Meeting Boutique Wineries Page 2
Staff recommends amendments to the Zoning Ordinance (Chapter 17.04) to add the following definition for
boutique wineries:
17.04.656 WINERY, BOUTIQUE
“Winery, boutique” means the manufacturing of 10,000 cases, or less, per year of still wine or sparkling wine.
Operations shall continuously comply with the following Operational Standards:
1. Maintain an approved Wastewater Discharge Plan from the Bakersfield Public Works Department.
2. Maintain a valid California Department of Alcohol and Beverage Control (ABC) license.
3. Obtain appropriate permit from the San Joaquin Valley Air Pollution Control District, if applicable; and
adhere to industry best practices for odor reduction.
It should be noted that a “winery” is also identified as a land use requiring a conditional use permit in the General
Manufacturing zone district. However, winery is not defined. Therefore, staff also recommends amendments to
the Zoning Ordinance (Chapter 17.04) to add the following definition for winery:
17.04.653 WINERY
“Winery” means an agricultural processing plant used for the commercial purpose of fermenting and
processing of fruit juice into wine, or the refermenting of still wine into sparkling wine in which the
manufacturing is greater than 10,000 cases per year. Retail sales and tasting facilities of wine may be
permitted as part of the winery operations. Operations shall continuously comply with the following
Operational Standards:
1. Maintain an approved Wastewater Discharge Plan from the Bakersfield Public Works Department.
2. Maintain a valid California Department of Alcohol and Beverage Control (ABC) license.
3. Obtain appropriate permit from the San Joaquin Valley Air Pollution Control District, if applicable; and
adhere to industry best practices for odor reduction.
ZONE DISTRICTS. Per Committee direction, the Zoning Ordinance would be further amended to add boutique
winery as a listed use in the zone districts noted below. This would allow operations to open in the Downtown
area, subject to operational standards listed above, without a conditional use permit. For reference a “Winery”
would still require a conditional use permit in the M-2 zone.
Winery, Boutique 1 Winery 2
Chapter Zone Permitted Use CUP Permitted Use CUP
17.24 C-2 (Regional Commercial) X
17.25 C-B (Central Business) X
17.26 C-C (Commercial Center) X
17.28 M-1 (Light Manufacturing) X
17.30 M-2 (General Manufacturing) X X
1. New use added to Ordinance.
2. Existing use in Ordinance.
Planning and Development Council Committee Meeting Boutique Wineries Page 3
PARKING. The Zoning Ordinance requires a parking ratio for Night Clubs, including live entertainment, at 1 space
per 50 square feet of gross floor area (no additional parking is required for outdoor seating). The Zoning Ordinance
further states:
• Within the Central District, C-B zones, and CC zones, the Planning Director may waive all or any portion of
the parking requirements when it is determined the night club is less than 3,000 square feet and open after
3:00 p.m.
• Any change of use at an existing building in the Central District shall not be subject to additional off-street
parking requirements provided the Planning Director determines the change of use does not require an
expansion of building size.
Nonetheless, to address comments at the Committee meeting, staff recommends amendments to the Zoning
Ordinance (Chapter 17.58) to add the following “note” to the parking requirements of the Zoning Ordinance:
14. Night club, including live entertainment
(Note: For Breweries and Wineries, including
Boutique Wineries, parking for food service,
retail sales, office, and warehousing/storage
shall be computed separately by use)
1 parking space per 50 square feet of gross floor area
(no additional parking is required for outdoor
seating)
Whenever the planning director determines that any
night club with less than 3,000 square feet of gross
floor area is open after 3:00 p.m. within the central
district or properties zoned C-B or CC, he/she may
waive all or any portion of the parking requirements
RECOMMENDATION
Direct Staff to draft Ordinance changes noted above and bring to City Council.
ATTACHMENTS
Draft Ordinance Sections 17.04.653, 17.04.656, 17.24.020, and 17.58.110
Page 1 of 3 Pages
ORDINANCE NO.________________
AN ORDINANCE ADDING SECTIONS 17.04.653 AND 17.04.656 TO THE BAKERSFIELD MUNICIPAL CODE
RELATING TO ZONING.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Sections 17.04.653 and 17.04.656 of the Bakersfield Municipal Code is
hereby enacted to read as follows:
17.04.653 Winery “Winery” means an agricultural processing plant used for the commercial purpose of fermenting and processing of fruit juice into wine, or the refermenting
of still wine into sparkling wine in which the manufacturing is greater than 10,000 cases per year. Retail sales and tasting facilities of wine may be permitted as part of the winery operations. Operations shall continuously comply with the
following Operational Standards:
1. Maintain an approved Wastewater Discharge Plan from the Bakersfield Public Works Department.
2. Maintain a valid California Department of Alcohol and Beverage Control (ABC) license.
3. Obtain appropriate permit from the San Joaquin Valley Air Pollution Control District, if applicable; and adhere to industry best practices for odor reduction.
17.04.656 Winery, Boutique “Winery, boutique” means the manufacturing of 10,000 cases, or less, per year of still wine or sparkling wine. Operations shall continuously comply with the following Operational Standards:
1. Maintain an approved Wastewater Discharge Plan from the Bakersfield Public Works Department.
2. Maintain a valid California Department of Alcohol and Beverage Control (ABC) license.
Page 2 of 3 Pages
3. Obtain appropriate permit from the San Joaquin Valley Air Pollution
Control District, if applicable; and adhere to industry best practices for odor reduction.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
-------oo0oo--------
Page 3 of 3 Pages
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
___________________________ by the following vote:
AYES: COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER NOES: COUNCILMEMBER: _______________________________________________________________ ABSTAIN: COUNCILMEMBER: _______________________________________________________________ ABSENT: COUNCILMEMBER: _______________________________________________________________ _
_______________________________________
JULIE DRIMAKIS, CMC
CITY CLERK and Ex Officio Clerk
of the Council of the City of Bakersfield
APPROVED
_______________________________ KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form: VIRGINIA GENNARO City Attorney
By: ____________________________
VIRIDIANA GALLARDO-KING
Deputy City Attorney
S:\Counter Operations\14_Zoning Ordinance and Interpretations\Referral_Boutique Winery\Committee 2\17.04.655.Zoning.Rdln.docx
Page 1 of 5 Pages
ORDINANCE NO.________________
AN ORDINANCE AMENDING SECTION 17.24.020 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ZONING.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 17.24.020 of the Bakersfield Municipal Code is hereby amended to
read as follows:
17.24.020 Uses Permitted
The following uses are permitted in the C-2 zone:
A. Any use listed in the uses permitted section in the C-O and C-1
zones.
B. Any of the following uses:
1. Adult entertainment establishments as defined in Section
17.69.020 and subject to the regulations of Chapter 17.69.
2. Apparel and accessory stores.
3. Appliance store, including stoves, refrigerators, washers,
dryers, and other electric or gas appliances, including repair.
4. Automobile accessory or part stores, including stereo, phone,
tire, upholstery and tune-up specialty shops but excluding heavy or
major mechanical work and all body or paint work, and where all
work is conducted inside a building.
5. Automobile dealership, new and used.
6. Automobile rental agency, including limousine service.
7. Bowling center, billiards.
8. Brewery or distillery, small.
9. Camera and photographic supply.
Page 2 of 5 Pages
10. Card room, bingo parlor.
11. Carpet and upholstery cleaners.
12. Carwash, detailing.
13. Computers and computer software store.
14. Department store.
15. Farmers market; provided it is conducted on a paved
surface, shall not be operated more than 2-days per calendar
week, has been certified by the Kern County Agricultural
Commissioner, and that adequate parking is available through
joint, shared or other arrangement as approved by the planning
director pursuant to Chapter 17.58.
16. Food vending vehicle.
17. Floor covering store.
18. Funeral services, including a crematory provided it is
incidental to the main use.
19. Furniture store, including rental.
20. Garage for public or commercial parking.
21. Gift, novelty and souvenir store.
22. Hardware store, including home building and garden supply.
23. Hobby, toy and game store.
24. Home furnishings, including kitchenware, glassware, lamps and lighting, and fireplace inserts.
25. Hospital, sanitarium.
26. Hotel, motel, including restaurants, bars and cocktail lounges,
provided they are incidental to the main use.
27. Luggage and leather goods.
Page 3 of 5 Pages
28. Military surplus store.
29. Motion picture theater and auditoriums, excluding drive-in.
30. Motorcycle dealership, new and used.
31. Musical instrument store.
32. Nurseries.
33. Paint, glass and wallpaper store.
34. Pool and spa sales, provided there is no outside storage of
material.
35. Radio, television and other consumer electronics store,
including repair.
36. Record, tape, disk and other pre-recorded music and video
store.
37. Restaurant and related eating places, including drive-through
services and on-site alcohol sales when served together with and
incidental to the serving of food, or in a cocktail lounge or bar
which is an accessory use to the restaurant, including
entertainment.
38. Sewing, needlework and piece good store.
39. Skating rinks.
40. Sporting goods, including bicycles, camping equipment,
firearms, skiing and golf.
41. Taxidermist.
42. Theater, cinema, excluding drive-in.
43. Trade, vocational or specialized school.
44. Used merchandise, including antiques, books, furniture, thrift
shops, and pawnshops.
45. Variety store.
Page 4 of 5 Pages
46. Video arcade.
47. Winery, boutique.
C. The accessory buildings or structures necessary to such use located
on the same lot or parcel of land.
D. Dwelling for use by caretaker or night security, or as accessory and incidental to the permitted use on the parcel.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
-------oo0oo--------
Page 5 of 5 Pages
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
___________________________ by the following vote:
AYES: COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER NOES: COUNCILMEMBER: _______________________________________________________________ ABSTAIN: COUNCILMEMBER: _______________________________________________________________ ABSENT: COUNCILMEMBER: _______________________________________________________________ _
_______________________________________
JULIE DRIMAKIS, CMC
CITY CLERK and Ex Officio Clerk
of the Council of the City of Bakersfield
APPROVED
_______________________________ KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form: VIRGINIA GENNARO City Attorney
By: ____________________________
VIRIDIANA GALLARDO-KING
Deputy City Attorney
S:\Counter Operations\14_Zoning Ordinance and Interpretations\Referral_Boutique Winery\Committee 2\17.24.020.Zoning.Rdln.docx
Page 1 of 11 Pages
ORDINANCE NO.________________
AN ORDINANCE AMENDING SECTION 17.58.110 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PARKING.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 17.58.110 of the Bakersfield Municipal Code is hereby enacted to
read as follows: 17.58.110 Parking space requirements by land use.
A. The minimum number of off-street parking spaces shall be provided and
maintained for the following specified uses or facilities identified in the table in
subsection E of this section. The number of off-street parking spaces shall not
exceed one hundred fifty percent of the minimum requirement (limit does not
apply to residential uses).
B. Tandem parking will not be counted toward the requirement for legal off-
street parking, except one tandem parking space will be permitted for a single-
family dwelling, and for each unit of a multiple-family dwelling that contains four
units or less on a site that is not part of a multiple-family subdivision project.
C. Motorcycle parking that is provided and clearly identified for such use, may
be counted as part of the total number of parking spaces required for a
nonresidential use or building. However, this credit shall not exceed twenty-five
spaces or five percent of the total parking required, whichever is less.
D. For uses not listed in the parking space requirements table, parking will be
determined by the planning director based on the listed use(s) that most closely
resembles the proposed use.
E. parking space requirements by land use table:
Page 2 of 11 Pages
PARKING SPACE REQUIREMENTS BY LAND USE
1. One-family dwellings 2 spaces per dwelling unit
2. Accessory dwelling unit (per
Chapter 17.65)
1 space per dwelling unit. If the unit
is a garage conversion or within 1/2
mile of public transit, no parking
spaces are required.
3. Multiple-family dwelling and
condominium (efficiency, studio
and 1-bedroom units)
1 space per unit, plus an additional
10% for guest parking on parcels
containing 5 or more units.
Moderate, low, and very low
income projects with 5 or more units
and being recorded as such by
declaration or covenant that runs
with the land, may reduce required
parking by 25% (moderate, low and
very low income is defined as being
at or below 120% of the median
income of Kern County as
established by the state of
California).
4. Multiple-family dwelling and
condominium (2 or more bedrooms)
2 spaces per unit, plus an additional
10% for guest parking on parcels
containing 5 or more units.
Moderate, low, and very low
income projects with 5 or more units
and being recorded as such by
declaration or covenant that runs
with the land, may reduce required
parking by 25% (moderate, low and
very low income is defined as being
at or below 120% of the median
income of Kern County as
established by the state of
California).
5. Dwelling designed for senior citizens 62 years and over: 1 space per 2
units
55 years and over: 1 space per unit
(a recorded covenant is required Plus an additional 10% for guest
Page 3 of 11 Pages
limiting occupancy of at least 1
resident per unit by age as noted or
is physically handicapped)
parking on parcels containing 5 or
more units
6. General office 1 space per 250 square feet of gross
floor area (i.e., real estate, finance companies,
architects, engineers, attorneys,
C.P.A. and other similar uses)
7. Medical and dental office, including
chiropractic office, specialized
medical offices and other
similar uses
1 space per 200 square feet of gross
floor area
8. Physical and occupational therapy 1 space per 300 square feet of gross
floor area
9. Medical laboratory such as
diagnostic dental and x-ray
laboratories and other similar uses
1 space per 250 square feet of gross
floor area
Surgery center and other out-
patient facilities
10. Office park or complex 1 space per 200 square feet of gross
floor area up to and including
15,000 square feet, plus an
additional 1 space per 250 square
feet of gross floor area in excess of
15,000 square feet
(single and multiple
tenant buildings with both general
and medical office uses)
11. Neighborhood and
regional shopping center
1 space per 200 square feet of gross
floor area up to and including
35,000 square feet, plus an
additional 1 space per 250 square
feet of gross floor area in excess of
35,000 square feet
(freestanding satellite pads such as
fast food restaurants or banks shall
be computed separately unless
satellite buildings contain 2 or more
tenants)
12. General retail 1 space per 300 square feet of gross
floor area (single tenant only; for multiple
tenant buildings, refer to No. 11
above)
Page 4 of 11 Pages
13. Restaurant, including fast food
restaurant
1 parking space per 75 square feet
of gross floor area (no additional
parking is required for outdoor
seating)
(Note: take-out restaurants where
food is consumed off premises shall
be parked in accordance with
general retail in No. 12 above)
If use has 1 or more drive-up
windows with drive-in lanes 24 feet in
length, credit for 1 parking space
per window shall be given;
If such lane exceeds 44 feet, 2
spaces per window shall be credited
in computing parking requirements
Whenever the planning director
determines that any restaurant with
less than 3,000 square feet of gross
floor area serves primarily those that
may be conducting
other business within the central
district or properties zoned C-B or C-
C, he/she may waive all or any
portion of the parking requirements.
14. Night club, including live
entertainment
(Note: For Breweries and Wineries, including Boutique Wineries, parking
for food service, retail sales, office, and warehousing/storage shall be computed separately by use)
1 parking space per 50 square feet
of gross floor area (no additional
parking is required for outdoor
seating)
Whenever the planning director
determines that any night club with
less than 3,000 square feet of gross
floor area is open after 3:00 p.m.
within the central district or
properties zoned C-B or C-C, he/she
may waive all or any portion of the
parking requirements.
15. Convenience market with or without
fueling services
1 space per 200 square feet of gross
floor area, minimum of 10 spaces
required;
If use has 1 or more fuel pump
Page 5 of 11 Pages
islands, credit for 2 parking spaces
per pump shall be given
16. Bank, savings and loan, credit union 1 space per 300 square feet of gross
floor area;
If use has 1 or more drive-up
windows with drive-in lanes 24 feet in
length, credit for 1 parking space
per window shall be given;
If such lane exceeds 44 feet, 2
spaces per window shall be credited in computing parking requirements
17. Hotel, motel, roominghouse 1 space per sleeping unit
(additional parking required for
meeting rooms, restaurants, bars,
and office space)
18. Furniture store 1 space per 1,000 square feet
of gross floor area
Plus office space for above 1 space per 300 square feet of gross
floor area
19. Beauty salon and barbershop 1 space per 150 square feet of gross
floor area or 2 spaces per barber or
styling chair, whichever is less
20. Veterinary hospital and clinic 1 space per 500 square feet of gross
floor area
21. Museum 1 space per 500 square feet of gross
floor area Library
Cultural center
22. Nursery sales 1 space per 4,000 square feet of
inside or outside sales area Vehicle sales area
Trailer and camper sales area
Boat and farm machinery sales area
Page 6 of 11 Pages
(office, retail sales, service
department, and repair area shall
be computed separately by use)
23. Health club, such as aerobics and
gymnastics studio, private gym,
karate and judo club, and
similar uses
1 space per 300 square feet of gross
floor area
24. Bowling alley 4 spaces per alley
(restaurants, video arcades, pro
shops and other related uses shall
be computed separately by use)
25. Billiards 2 spaces per table
(restaurants, video arcades, pro
shops and other related uses shall
be computed separately by use)
26. Golf course 6 spaces per tee
(restaurants, video arcades, pro
shops and other related uses shall
be computed separately by use)
27. Tennis, racquetball, and handball
court
3 spaces per court
(restaurants, video arcades, pro
shops and other related uses shall
be computed separately by use)
28. Stadium, sports arena, exhibition hall
1 space per 6 seats
Where benches are provided, 18
inches of bench space shall be the
equivalent of 1 seat; where no fixed
seating is provided, 7 square feet of
public assembly floor space shall be
the equivalent of 1 seat
29. Park, outdoor recreational facility 1 space per 6 people that the
Page 7 of 11 Pages
facility is designed to
accommodate
or
If seating is provided, 1 space per 4
seats, whichever is greater
30. Lodges, halls 1 space per 4 seats provided in
accordance with applicable fire
code occupancy standards Banquet rooms, including those
associated with a restaurant
Church Where benches are provided, 18
inches of bench space shall be the
equivalent of 1 seat; where no fixed
seating is provided, 7 square feet of
public assembly floor space shall be
the equivalent of 1 seat
Funeral home
Mortuary
Theater
Auditorium, including school multi-
purpose buildings and similar places
of assembly
(figure main public meeting areas
only)
31. Hospital 3/4 space per bed
Medical in-patient clinic and other
overnight treatment facilities
(additional parking required for
administrative offices, out-patient
clinic, testing, teaching, research
and other similar activities)
32. Convalescent hospital and
extended medical care facility
1/2 space per bed
Nursing and convalescent home
Homes for the aged
Conjugate care and extended care
facility
Page 8 of 11 Pages
Residential care or group home
(additional parking required for
administrative offices, testing,
teaching, research and other similar
activities)
33. Child or adult day care center 1 space per 6 clients plus 1 space
per staff member of the largest shift,
with drop-off and pick-up area approved by the traffic engineer
34. Family day care home 1 space per employee of the largest
shift (The residential driveway is
acceptable if the parking space
does not conflict with any child
drop-off/pick-up area)
35. Elementary or middle school 1 space for each faculty member
and employee (based on the
maximum number of faculty and
employees on site at any given
time)
or
1 space per 4 seats in the primary
public assembly area, whichever is
greater
36. High school, trade, secondary and
post secondary school
1 space for each faculty member
and employee, and 1 space for
every 4 students (based on the
maximum number of faculty,
employees and students on site at
any given time)
or
1 space per 4 seats in the primary
public assembly area, whichever is
greater
Page 9 of 11 Pages
37. Manufacturing, wholesale, service
and automotive repair
1 space per 500 square feet of gross
floor area
Plus office space for above 1 space per 300 square feet of gross
floor area
38. Warehouse 1 space per 1,000 square feet
of gross floor area up to and
including 10,000 square feet, plus an
additional 1 space per 3,000 square
feet in excess of 10,000 square feet
Plus office space for above 1 space per 300 square feet of gross
floor area
39. Self-service storage facility 2 spaces for the manager’s living
unit and 3 spaces with public access
for the office (note: rows between
storage buildings shall be at least 20
feet wide to allow for simultaneous
vehicle parking and passage, and
fire access)
40. Industrial office/warehouse complex 1 space per 400 square feet of gross
floor area (multi-tenant shell buildings in either
an M-1 or M-2 zone containing a mix
of office, commercial, industrial and
storage uses)
41. Contractor’s storage yard 1 space per company vehicle plus 1
space per 2 employees on the
maximum working shift (a person
stationed or working out of the
storage or service yard)
Public buildings and grounds other
than administrative offices
42. Electric distribution substation No parking required
Electric transmission substation
Gas regulator station
Public utility/water well station
Page 10 of 11 Pages
Automated/computerized
communications
equipment buildings (where no
permanent employees assigned)
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
-------oo0oo--------
Page 11 of 11 Pages
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
___________________________ by the following vote:
AYES: COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER NOES: COUNCILMEMBER: _______________________________________________________________ ABSTAIN: COUNCILMEMBER: _______________________________________________________________ ABSENT: COUNCILMEMBER: _______________________________________________________________ _
_______________________________________
JULIE DRIMAKIS, CMC
CITY CLERK and Ex Officio Clerk
of the Council of the City of Bakersfield
APPROVED
_______________________________ KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form: VIRGINIA GENNARO City Attorney
By: ____________________________
VIRIDIANA GALLARDO-KING
Deputy City Attorney
S:\Counter Operations\14_Zoning Ordinance and Interpretations\Referral_Boutique Winery\Committee 2\17.58.110.Zoning.Rdln.docx
MEMORANDUM
May 6, 2021
TO: PLANNING AND DEVELOPMENT COMMITTEE
Bruce Freeman, Chair
Bob Smith
Patty Gray
FROM: Christopher Boyle, Development Services Director
SUBJECT: Multifamily Development Standards
This report is in response to a referral from Councilman Parlier at the January 6, 2021 City Council directing staff
to look at developing standards for large apartment complexes.
BACKGROUND
Since the adoption of Ordinance 4427 in 2007, the City has had adopted development standards for commercial
development. Amended from time to time, Section 17.08.140 - Design Standards for Retail Developments helps
“mitigate unwanted design, while encouraging developers to incorporate good community architecture that
enhances the city’s character and quality of life.” Councilmember Parlier’s referral signaled a desire to expand
this design ethic into residential development by creating development standards for large apartment complexes.
As this report will discuss, the law does not currently allow subjective development standards to be adopted. To
consider adoption of multifamily development standards, those standards must be developed as objective
development standards.
ANALYSIS
Since state leaders have declared a housing crisis in California that has resulted in many housing related bills being
passed by the legislature, staff began analysis first with a review of current housing law. Beginning with SB 35 in
2017, there has been many laws adopted with the intent of promoting the accelerated construction of housing in
the state.
One bill, SB 330, known as the Housing Crisis Act of 2019 (Act) speaks to the adoption of design standards for
residential development. Section 66300 requires that a “city shall not enact a development policy, standard, or
condition . . . imposing or enforcing design standards established on or after January 1, 2020, that are not objective
design standards.” Objective design standards are defined within the Act as “a design standard that involve[s] no
personal or subjective judgment by a public official and is uniformly verifiable by reference to an external and
uniform benchmark or criterion available and knowable by both the development applicant or proponent and the
Planning and Development Council Committee Meeting Multifamily Development Standards Page 2
public official before submittal of an application.” Projects that can be deemed complete applications consistent
with the objective standards would typically follow a streamlined ministerial approval process, such as the current
nondiscretionary site plan review process established within the Planning Division.
Examples of objective standards include:
1) Blank walls (without doors and windows) of more than 20 linear feet are prohibited along any street
facing façade;
2) Trim surrounds shall be provided at all exterior window and door openings. In lieu of exterior window
trim, windows can be recessed from wall plane by a minimum of three inches; and
3) A minimum one-foot offset is required for any wall plane that exceeds 30 feet in length.
Note that each example is not subjective. Either the proposal is in conformance with the standard or it is not.
In contrast, examples of subjective standards include:
1) New projects shall be compatible with the character of the neighborhood;
2) New buildings shall be in harmony with the height and size of adjoining structures; and
3) Residential development shall adhere to the highest possible architectural value.
These allow for interpretation. What is compatible, or in harmony, or of the highest architectural quality are
subjective determinations that may change from person to person, and from year to year.
Another way to describe the objective development standards is related to the process a project can follow toward
approval. With objective development standards in place, the City has already determined in advance what it
requires within any development and quantified desired development criteria. Therefore, the developer can
design their project to meet the objective requirements. If the objective standards are satisfied, there is no
grounds for project denial and a streamlined ministerial process can be followed. No discretionary review is
required, or necessary.
Staff has reviewed some other Cities’ objective design standards for multi-family development. Based on that
research, below are some items typically addressed within observed objective standards.
- Pedestrian Circulation
Examples
Accessible paths to City sidewalk based on X amount of linear street frontage. For
example, discourage limiting access to one or two access points on opposite sides of a
complex. If gated, accessible paths shall provide pedestrian gates.
Specific standards addressing pedestrian connectivity to all amenities/parking on-site.
Building orientation and design can be dependent on the type of street the project fronts
off of or # of units. This is in an effort to promote pedestrian oriented development and
visual interest from the public sidewalk.
- Threshold Requirements
Examples
If site exceeds X number of units/size, it shall provide X number of amenities based on a
specific list.
The project site shall provide X sq. ft. of private open space for each unit. Clearly define
types of open space and what can contribute towards this total.
Affordable housing projects may have slightly lower requirements (i.e. instead of 200/250
sq. ft. of open space, affordable projects provide 100/150 sq. ft.) or additional options for
amenities.
Planning and Development Council Committee Meeting Multifamily Development Standards Page 3
- Design
Examples
Varying facades and/or architectural elements. Provide guidelines that prevent
monotonous or visually boring developments.
Buildings oriented towards the street or unit orientation towards open space.
Cohesive and compatible design for accessory structures.
Specific architectural elements based on the focus/specific plan areas of town.
- Miscellaneous Requirements
Standards/amenities contributing to multi-modal development.
Requirements for mixed-use development.
Reference to other applicable development standards such as setbacks, building height,
and parking stall dimensions.
CONSIDERATIONS
Adoption of objective development standards does not render current subjective approaches null nor preclude
the existing processes from being utilized. As an example, the City’s PCD – Planned Commercial Development
zone, wherein subject analysis of project merit is common, is still available for utilization as a tool for staff and/or
developers. In doing so though, discretionary review is a required component of that process.
One important consideration in the deliberation on whether to take steps toward adoption of objective
multifamily design standards is found in other recently adopted state statute. Government Code Section 65589.9
– Prohousing Policies describes incentivizing policies that enhance housing production. These policies include the
adoption of objective development standards. Cities who adopt prohousing policies shall be awarded additional
points or preference in the scoring of program applications such as the Affordable Housing Sustainable
Communities Program, the Transformative Climate Communities Program, and the Infill Incentive Grant Program.
Another consideration involves any potential impact to previously approved entitlement, including vested
subdivision maps. Staff advises that there would be no impact to previous entitlements. Objective standards
would be available for residential development that desired to utilize the standards and their ministerial approval
process.
CEQA analysis will not be completed as part of this report as there is no project per the California Environmental
Quality Act (CEQA) at this time. If the Planning and Development Committee directs that an objective
development standard ordinance be written, then CEQA will be triggered because a discretionary decision will
follow. In that no physical change to the environment will occur as a component of the adoption of the ordinance,
and that subsequent development will require project by project CEQA analysis, my initial thought would be that
this ordinance effort would be exempt from CEQA.
RECOMMENDATION
In the present climate of California housing policies centered on addressing the state’s housing shortfall, local
municipalities are faced with a “carrot or stick” compliance dynamic. When tasked for direction, staff would
almost always recommend the carrot over the stick. Thus, staff would recommend the preparation of draft
objective multifamily design standards for further review, discussion and potential direction for adoption at a
future Planning and Development Committee meeting.
Planning and Development Council Committee Meeting Multifamily Development Standards Page 4
OPTIONS
Staff requests that your Committee digest the information within this report and any testimony associated with
the Committee meeting itself and provide direction regarding further consideration of this topic. Three options
available are:
Option 1: No Further Action.
Option 2: Prepare Draft Ordinance. If directed, staff will conduct additional research and prepare a draft
Ordinance for review by the Committee.
Option 3: Alternative Direction from the Committee.
NEXT STEPS
Staff will take the direction of the Committee.
ATTACHMENTS
None.