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HomeMy WebLinkAboutORD NO 5092ORDINANCE NO. 5 0 9 2 ORDINANCE AMENDING SECTIONS 17.22.020 AND 17.22.040 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO C-1 NEIGHBORHOOD COMMERCIAL ZONE. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 17.22.020 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.22.020 Uses permitted. The following uses are permitted in a C-1 zone: A. Any use listed in the uses permitted section in the C-O zone; B. Any one or more of the following uses: 1. Apparel and accessory specialty shops, does not include large scale chain department stores, 2. Automobile service stations, including convenience markets but excluding truck stops, 3. Bakery, retail only, 4. Book and stationery store, 5. Candy, nut and confectionery store, 6. Christmas tree sales, limited between November 15th to December 26th each calendar year, 7. Church, excluding schools, 8. Cosmetic store, 9. Drugstore, pharmacy, 10. Fabric, yardage store, 11. Florist, Ordinance Amending Sections 17.22.020 and 17.22.040 C-1 Neighborhood Commercial Zone O�aaK�9cP -- Page 1 of 5 Pages -- T 'ORIGINAL� 12. Fireworks ("safe and sane") sales, limited between July 1 st and July 4th each calendar year, 13. Garment cleaning, pressing, alteration and repair, 14. Grocery stores, including meat, fish, fruit, vegetable, delicatessen and convenience stores, 15. Hair styling shop and beauty salon, including tanning salons, 16. Interior decorating, including drapery, curtain and upholstery sales, 17. Jewelry, watch, clocks, silverware, coins and gemstones including repair, 18. Laundromat, 19. Liquor store, 20. Locksmith, 21. Newspaper, magazine store, 22. Pet and pet supply store, including grooming services, 23. Photocopying and duplicating services, 24. Photographic shops and developing services, 25. Physical fitness facility, 26. Private service clubs, lodges, 27. Restaurants and related eating places, excluding on -site alcohol sales, entertainment or drive -through service, 28. Resthome, convalescent home, adult care facility, residential care facility as defined in Section 1502 of the Health and Safety Code of the state of California, 29. Temporary promotional activity as defined in Section 17.04.610, 30. Tobacco store, 31. Video disk/tape rental, 32. Veterinary (small animal only), excluding kennel services, 33. Shopping centers. Ordinance Amending Sections 17.22.020 and 17.22.040 C-1 Neighborhood Commercial Zone -- Page 2 of 5 Pages -- o'`aa��9s a � f— m 30RIGINALr C. 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. E. Temporary offices, including portable, modular or prefabricated structures constructed in conformance with the Building Codes adopted by the city (Title 15 of this code) and not attached to permanent foundations may be allowed for a period not to exceed two years, plus one-year extension subject to the approval of the planning commission. F. The specified store, shops or businesses in subsection B above, shall be establishments selling new merchandise exclusively, except used merchandise clearly incidental to the regular business conducted on the premises, and shall be permitted only under the following conditions: 1. Such stores, shops or businesses, except automobile service stations and outdoor seating for restaurants, shall be conducted entirely within an enclosed building. No outside storage of materials is permitted. 2. Products made incidental to a permitted use shall be sold at retail on the premises. 3. All public entrances to such stores, shops or businesses shall be from the principal street upon which the property abuts or within one hundred feet thereof, except that a rear or side entrance from the building to a public parking area may be provided. 4. The accessory buildings or structures necessary to such use located on the same lot or parcel of land, including a storage garage for the exclusive use of the patrons and employees of the above stores or businesses. SECTION 2. Section 17.22.040 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.22.040 Uses permitted only by conditional use permit. A. The following uses are permitted in a C-1 zone only with the approval of a conditional use permit issued in accordance with the procedures provided in Chapter 17.64 of this code: Ordinance Amending Sections 17.22.020 and 17.22.040 C-1 Neighborhood Commercial Zone bI�AKF9`s'T -- Page 3 of 5 Pages -- m 3ORIGINO 1. Adult day care; 2. Any use listed in the uses permitted section in the R-1, R-2, R-3 and R-4 zones; 3. Assisted living facility; 4. Automobile accessory or parts store, including stereo, phone, upholstery, and tires; 5. Automobile tuneup specialty shops providing electrical and carburetor tuneup services and related work, when not done as a part of, or incidental to, the operation of an automobile service station; 6. Banquet venue; 7. Carwashes, including detailing; 8. Food and/or shelter service as defined in Section 17.04.285; 9. Food Vending Vehicle 10. Funeral services, including a crematory provided it is incidental to the main use; 11. Hotels and motels; 12. Kennels; 13. Mobilehome or travel trailer parks; 14. Movie theater serving alcohol; 15. Nurseries, lawn and garden supplies; 16. Recycling centers, as defined by Public Resources Code Section 14520, that are within a convenience zone, as defined by Public Resources Code Section 14509.4; 17. Restaurant and related eating places with on -site alcohol sales, entertainment or drive -through services; 18. Scientific research and testing services; 19. Small appliance and electronic goods repair; 20. Theater, cinemas; 21. Trade, vocational or specialized schools. Ordinance Amending Sections 17.22.020 and 17.22.040 C-1 Neighborhood Commercial Zone -- Page 4 of 5 Pages -- O�� m r ` 0RIGINAL'_' SECTION 3. 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. --------- 000--------- 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 MAY 0 4 2022 by the following vote: ✓ r/ YES: COUNCILMEMBER: ARIAS, GONZALES,-WfEIR, SMITH, RoE- R, GRAY, PARLIER NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSEN ' COUNCILMEMBER: Wei f., rvee-(,n W J LIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: MAY 0 r 2022 By: E'A"A 'a - 9.z KAR N GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney qI 7-A Lei UA H. RUDNICK uty City Attorney JHR:vlg S:\COUNCIL\Ords\21-22\17.22.020 and 17.22.040.C-1 NeighborhoodCommercialZone.final.docx Ordinance Amending Sections 17.22.020 and 17.22.040 C-1 Neighborhood Commercial Zone -- Page 5 of 5 Pages -- s- m F 98R!C!!\AL p 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 6th day of May, 2022 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 5092, passed by the Bakersfield City Council at a meeting held on the 4th day of May, 2022 and entitled: ORDINANCE AMENDING SECTIONS 17.22.020 AND 17.22.040 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO C-1 NEIGHBORHOOD COMMERCIAL ZONE. JULIE DRIMAKIS, MMC City Clerk and Ex Officio of the Council ofthe City of Bakersfield D U City_Clerk SAD0CUMENTT0RMSW0P.0RD.wpd