HomeMy WebLinkAboutORD NO 5095ORDINANCE NO. 5 0 95
ORDINANCE AMENDING SECTIONS 17.60.070 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO SPECIALIZED
SIGNS; SPECIFICALLY FREEWAY ORIENTED SIGNS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 17.60.070 of the Bakersfield Municipal Code is hereby amended to
read as follows:
17.60.070 On -street parking credit.
A. Off -Site Residential Subdivision/Project Directional Kiosk Sign Program. The
following is intended to provide for the administration of a uniform, coordinated
sign program of kiosks that offer developers of new residential subdivisions means
of providing direction to their projects. The kiosk signs will minimize confusion
among prospective purchasers of new homes to find those developments,
promote traffic safety by removing competing signs from busy streets, and reduce
visual blight of incompatible sign types in residential neighborhoods. No such off-
site directional sign other than those in conformance with this chapter shall be
erected or maintained within the city.
1. Requirements for Directional Kiosks.
a. Kiosks shall be permitted in all zone districts except on a lot
developed with a single-family residence. They may be permitted on
private land or public right-of-way that is maintained by the property
owner provided the property owner's permission has been granted
in writing. Signs may also be permitted within the public right-of-way
or parkway that is maintained by the city of Bakersfield or as
contracted by the city subject to approval and issuance of an
encroachment permit by the city. All other location restrictions in
Section 17.60.050 shall remain in full force and effect.
b. Kiosks shall be constructed of wood or similar product with
individual panels provided for placement of subdivision or project
names and direction.
C. Kiosk locations shall be approved by the building director or
appointed designee. A kiosk shall not be placed closer than one
thousand feet from an existing kiosk or approved site where a kiosk is
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to be constructed. The building director or appointed designee may
reduce the distance between kiosks where:
i. Kiosks are located at different corners of an intersection
and face different directions.
ii. The street intersection where the kiosk is proposed is less
than one thousand feet away from a street intersection that
contains a kiosk and it is necessary to provide direction to
subdivisions or projects to which that street provides the most
direct or only access.
iii. Kiosks (two maximum) are necessary to be placed
adjacent to one another because the number of subdivisions
or projects that are being identified exceeds the number of
panels allowed on one kiosk.
d. Architectural design, color, letter style, and any other design
elements of the kiosk shall be approved by the planning commission
and city council. All kiosks and other off-site residential directional
signs allowed by Section 17.60.060(6) (1) (d) (ii) that are installed within
the city limits shall be in accordance with adopted design criteria.
e. Kiosks shall not exceed a height of twelve feet and a width of
six feet. When a kiosk is sited immediately adjacent to a residential
development, it shall not exceed a height of eight feet. An individual
panel shall be limited to a maximum width of six feet and a height of
ten inches. No more than eight individual name panels shall be
permitted on a kiosk.
f. Kiosks may have more than one face. Multiple faces are
encouraged where the kiosk can be sited to serve traffic traveling in
opposite directions, or where it would reduce the amount of kiosks
needed to provide adequate direction to residential subdivisions.
Multiple faced kiosks shall be approved by the building director or
appointed designee.
g. A name panel shall be limited to a single line of text that may
contain only the subdivision, project, builder or developer's name, or
combination thereof. All panels shall include a direction arrow
pointing in the direction of the identified project. Name panels shall
conform to all design elements as approved in accordance with
subsection (A) (1) (d) of this section.
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2.
h. Tag signs, streamers, banners, balloons, devices, display
boards, or other appurtenances shall not be added, placed upon or
erected adjacent to or within a one hundred foot radius of any
existing kiosk.
i. Kiosks shall not be illuminated.
j. Kiosks shall not obstruct the use of sidewalks, walkways, bicycle
or hiking trails, and shall not obstruct the free and clear vision of motor
vehicle operators, cyclists, pedestrians, or visibility of traffic control
signs and lights as determined by the public works director or
appointed designee.
k. Kiosks shall be set back a minimum of twenty-five feet from side
and rear property lines. No setback shall be required from street
frontages or those kiosks located within public rights-of-way.
Permits.
a. Any builder or developer of a new recorded residential
subdivision which contains approved lots or homes which have never
been sold, may apply for a permit to install a kiosk or to place a name
panel on an existing kiosk to provide direction to their subdivision.
b. Applications for a kiosk or name panel (including name
changes to an existing name panel) shall be made on forms
provided by the building director or appointed designee, be signed
under penalty of perjury by the applicant, and shall require at
minimum, the following information:
i. The name, mailing address, title, telephone number of
the property owner, subdivider and developer/builder of the
specific development;
ii. The name and location of the specific development;
iii. A plot plan showing the exact location of the proposed
kiosk, or the existing kiosk(s) where the panel(s) will be
attached;
iv. A statement that the development contains approved
lots or new homes which have not yet been sold;
V. If the permit is for a new name panel or a name change
to an existing name panel, the copy proposed for the panel;
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vi. If the permit is for a new kiosk that is proposed to be
located within a public road right-of-way, a copy of the
approved encroachment permit issued by the city of
Bakersfield public works department.
C. The building director or appointed designee may issue a
permit if:
i. The application is complete and truthful;
ii. The applicant is the permit or entity selling new lots or
new homes;
iii. The development is located entirely within the
Metropolitan Bakersfield 2010 General Plan area;
iv. The kiosk or panel meets all of the design criteria within
this section;
V. The permit is for a name panel and available space
exists on the kiosk(s); or if there is no space available, the
applicant has agreed to be placed on a waiting list for future
placement on a kiosk(s);
vi. If the permit is for a kiosk, the location criteria in this
section has been satisfied;
vii. Appropriate fees have been paid.
3. Program Administration.
a. The city may delegate portions of or the entire administration
of the directional kiosk program to another entity by contract that
includes, but is not limited to, installation and maintenance of kiosks,
and issuance of permits for kiosks and name panels.
b. Kiosks and sign panels permitted in accordance with this
section shall be continuously maintained in good condition by the
permit holder. Upon approval by the city, sign maintenance may be
assumed by a responsible party other than the permit holder.
C. Kiosks shall be sited based on demand and where they will
provide the best direction to residential subdivisions where
homes/lots are being sold.
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d. Sign panels shall be available to all developments selling new
homes on a first-come first-served basis. Sign panels shall be placed
on a kiosk beginning with the highest position on the kiosk and
progressing downward. Panels shall be grouped based on the
direction of travel with the priority of placement from top to bottom
as follows:
i. Left turn;
ii. Right turn;
iii. Straight ahead.
e. Waiting lists shall be established for each kiosk (existing or
proposed) for new name panels on a first -come -first-served basis of
applications that have met the requirements of subsection (A) (2) (c)
of this section.
f. When a panel name is changed or a panel is removed from a
kiosk, all lower panels within each directional group as defined in
subsection (A) (3) (d) of this section shall be moved upwards so that
any new panel is placed on the bottom of its respective directional
group on the kiosk.
g. All panel changes shall be approved by the building director
or appointed designee through the permit process.
h. A specific project or builder is limited to one panel for each
kiosk. Multiple panels shall not be combined to identify or provide
information regarding the same specific project or builder. There shall
be no limit on the number of kiosks on which a specific project may
be identified.
i. Within ten days after selling the last lot or home or within two
years after recordation of the final map for the subdivision of which
the project is located, whichever occurs first, panel signs that identify
said project shall be removed from all kiosks. Two extensions of time
may be granted by the administrator of the kiosk program not to
exceed one year for each request if the extension is needed to
complete any sales in that project. If administration of the program is
delegated to an entity other than the city and that entity denies the
extension, the permit holder may appeal the denial within five days
of the decision in writing to the building director. The building director
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shall render a decision on the appeal within ten days of receiving the
appeal which shall be final and conclusive.
j. Any kiosk shall be completely removed by the permittee
whenever any of the following occur:
The kiosk is no longer needed at the location;
ii. The permittee has been notified by the city of Bakersfield
public works department to remove or relocate the kiosk on
the basis of public safety or necessity, or because of planned
road improvements.
k. For any kiosk erected within the public road right-of-way, a
performance bond in an amount sufficient to remove the structure
shall be approved by and posted with the city of Bakersfield public
works department.
4. Violations and Abatement.
a. Off-site residential subdivision/project directional signs that
were legally permitted as of June 1, 1997, shall continue to remain for
a period of six months from said date. After that time, signs not in
conformance with this section shall be removed by the owner at the
owner's cost. Any signs not removed within the required period shall
be subject to summary abatement by the city in accordance with
Section 17.60.110. This subsection shall not apply to existing kiosk
programs that were legally established and maintained by a private
entity where that program contains five or more kiosks.
b. Existing kiosk sign programs that were legally established as of
June 1, 1997, that are owned and maintained by a private entity
where that program contains five or more kiosks, may continue as a
nonconforming kiosk program. These kiosks may be maintained but
shall not be replaced except with a kiosk that conforms to this
section. A nonconforming kiosk shall be removed if it is no longer
necessary at the location, or no longer meets the separation
requirements of subsection (A) (1) (c) of this section regarding kiosk
separation due to placement of a conforming kiosk. A
nonconforming kiosk that is required to be removed shall be done by
the owner at the owner's cost. Any nonconforming kiosk not
removed as required, shall be subject to summary abatement by the
city in accordance with Section 17.60.110.
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C. Any permit issued in accordance with this section shall be
immediately revoked by the building director if it has been found that
the permit holder has erected and maintained any sign in violation
of this section. The building director shall order any panel currently in
place on a kiosk identifying the builder's/developer's specific
development to be removed immediately after the appeal period
has expired if no appeal has been filed, and that builder/developer
shall be prohibited from having any off-site directional signs or name
panels on any kiosk for that specific development for a period of one
hundred eighty days. After the one -hundred -eighty -day period, the
builder/developer may be allowed kiosk panels but they shall be
placed at the bottom of any waiting list and/or kiosk hierarchy as
described in subsection (A) (3) (d) through (f) of this section.
d. Any order of the building director shall be made in writing,
addressed to the permit holder, and shall set forth the findings for
revoking any permits and the method to appeal the decision. If no
appeal is filed, the decision of the building director shall be final and
conclusive.
e. If the city is not the administrator of the kiosk program, the
administrator shall immediately notify the building director regarding
any violations in accordance with subsection (A) (4) (c) of this section
and the building director shall notify the party in violation in
accordance with subsection (A) (4) (d) of this section.
5. Appeal.
a. Should any permit holder be dissatisfied with the decision of
the building director to revoke a permit, then the permit holder may,
no later than ten days after notice of such decision was deposited in
the United States mail, make written objection, subject to the
required appeal fee, to the board of building appeals in care of the
building director, setting forth the grounds for dissatisfaction. The
board of building appeals shall hear the objections at a regular
meeting no later than thirty days following the filing of the objection.
The permit holder shall be given written notice of the hearing no later
than three days prior to the hearing. The building board of appeals
may sustain, suspend, or overrule the decision of the building
director, which decision shall be final and conclusive.
b. Pending hearing before the building board of appeals, all
signs, kiosks and/or name panels in dispute may remain in place until
a final decision rendered.
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B. Special Event Signs. Special event signs may be approved by the building
director as a means of publicizing events such as grand openings, carnivals,
parades, charitable events, community holiday activities, and other such events.
This section does not include events promoted by the city of Bakersfield pursuant
to Section 17.60.080(0). Special event signs shall be limited to the following
provisions:
1. Signs shall be limited for each business to sixty days a calendar year.
This time may be utilized in any combination of durations; however, the
number of special events shall not exceed eight a calendar year, and no
single event shall exceed a duration of fifteen consecutive days.
2. Balloons and inflated devices provided they do not exceed a height
of one hundred feet, search lights, beacons, pennants, flags, banners and
streamers may be allowed subject to approval by the building director.
Flags for model homes/tract sales offices are not subject to this subsection.
3. Copy on a banner or balloon shall not exceed an area of one
hundred square feet, and may include the name, symbol or logo of the
business or sponsor, but in no event shall such name or logo exceed one-
quarter of the total permitted copy area.
4. Signs may be illuminated and contain movement upon approval by
the building director provided they do not adversely affect neighboring
properties or motorists.
C. Noncommercial Signs. Signs expressing political, social, religious or other
noncommercial message. These signs are subject to the following regulations:
1. Signs shall not be placed on private property without the consent of
the property owner. No such sign, either freestanding or posted on any
object, shall be placed or erected on public property, within the public
right-of-way, or any maintained parkway/landscape area.
2. Signs shall not exceed an area of eight square feet and a height of
six feet.
3. Signs shall not be illuminated.
4. In residential districts, each parcel of property may display one sign
in compliance with this chapter. However, during the period of time
beginning ninety days before a general, special, primary, or runoff election,
and ending ten days after such election, each property may display two
signs in compliance with this chapter.
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5. In the commercial, industrial, and agricultural districts, each parcel
of property or commercial center may -display one sign in compliance with
this chapter. However, during the period of time beginning ninety days
before a general, special, primary, or runoff election, and ending ten days
after such election, each property may display four signs in compliance
with this chapter, except that signs may be up to an area of thirty-two
square feet and a height of eight feet.
6. Signs may only be displayed for ninety days and must be removed
for at least thirty days before being displayed again.
7. Signs shall not block line of sight for intersections,
driveways/entrances, sidewalks and multi -use paths.
D. Freeway Oriented Signs. Freeway oriented signs identify premises where
food, lodging and places of business engage in supplying goods and services
essential to the normal operation of motor vehicles, and which are directly
dependent upon an adjacent freeway. These signs shall be subject to the
following regulations:
1. Signs shall be within the C-1, C-2, C -C, PCD, M-1, M-2 or M-3 zone
districts; and shall also be within one of the rectangular areas two thousand
feet in width and three thousand feet in length, the center of which is
concentric with the intersection point between the centerline of the
freeway and accessible surface street, said intersections identified as
follows:
a. State Highway 99 and Olive Drive;
b. State Highway 99 and Airport Drive, except that said
rectangular area shall extend south to Gilmore Avenue;
C. State Highway 99 and State Highways 58/178 (Rosedale
Highway/24th Street), except that said rectangular area shall extend
north to Gilmore Avenue;
d. State Highway 99 and California Avenue;
e. State Highway 99 and Ming Avenue;
f. State Highway 99 and White Lane;
g. State Highway 99 and Panama Lane;
h. State Highway 99 and Hosking Avenue,
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i. State Highway 99 and State Highway 119 (Taft Highway).
(Note: Refer to the maps at the end of this chapter.)
2. Only one of the allowable on-site pylon signs permitted in the zone
districts specified in this section shall be allowed to exceed both the area
and height limitations imposed by the particular zone district provided no
such sign exceeds an area of three hundred fifty square feet and a height
of seventy-five feet. All other sign regulations of the particular zone district
shall apply to this sign and the specific business.
3. The building director shall determine if the location of the business
and the service offered satisfy the criteria and intent of this section and the
definition of a freeway oriented sign.
E. Outdoor Advertising Signs (Billboards). All outdoor advertising signs are
regulated as follows:
1. Signs are permitted in the C-2, M-1, M-2 and M-3 zone districts, in
addition to that permitted in those respective districts.
2. Signs shall not exceed an area of three hundred square feet,
excluding cutouts or extensions provided they do not exceed thirty square
feet in area.
3. Signs shall not exceed a height of thirty-five feet in the C-2 district, or
fifty feet in the M-1, M-2 and M-3 districts.
4. Signs shall not be located less than one thousand feet from another
such sign, or one hundred feet from any other freestanding sign.
5. Signs shall not be located in nor project over public property or public
right-of-way.
6. Multifaced signs are allowed, provided the faces are placed back-
to-back, are no more than two feet apart, and are equal in size and
configuration.
7. Signs shall be set back a minimum of three hundred feet from any
property zoned residential or developed with residential uses.
8. Signs shall not project over or be placed upon any building or
structure.
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9. Signs shall be set back twenty-five feet from adjacent property lines
except those fronting public streets where no setback is required.
10. Signs may be illuminated provided no lighting is directed onto
adjacent properties or public rights-of-way.
11. Electronic message displays as defined in Section 17.04.547 are
permitted.
F. Skyline Building Signs. Wall signs for a building that is three or more stories
may be permitted that exceed the height limits delineated by the zone district in
which it is located, to provide long distance visual identification of a building or
its primary tenant, subject to the following regulations:
1. Signs are permitted in the C -O, C-1, C-2, C -C, C -B, PCD, M-1, M-2, and
M-3 zone districts.
2. Signs may be installed on all elevations of the building.
3. Signs shall be located on the top story or between the top story and the
top of the building.
4. Signs shall be comprised solely of individual letters or logos installed a
minimum of three inches and a maximum of twelve inches from the surface
of the wall on which they are located. Illumination may be provided by
indirect reverse lighting or internal illumination as approved by the building
director. Floodlighting shall be prohibited.
5. Signs shall not have a horizontal dimension exceeding one hundred feet
or seventy percent of the horizontal dimension of the building elevation
where the sign is placed, whichever is less.
6. The property owner shall designate in writing or on the sign plan the
primary tenant of the building if such tenant is to be identified by the sign.
7. Signs shall not have letters exceeding the following heights:
Building Maximum
Height Letter
(feet) Height(1)
(inches)
Capital Logo(3)
Letter(2) (inches)
(inches)
35-59
24
36
48
60-69
36
54
72
70-79
48
72
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80-89
60
90
120
90-99
72
108
144
100-119
84
126
168
120 or
96
144
192
more
(1) Letter height is if all letters used are capital letters.
(2) Maximum height of a capital letter (one and one-half times
maximum height) if used in conjunction with lower case letters.
Lower case shall not exceed maximum height.
(3) Maximum height of a logo (two times maximum height).
8. All signs shall be limited to two lines of letters and/or logo.
9. Pylon signs shall not be permitted on the site if skyline signs are utilized; only
monument signs in this instance would be permitted subject to the regulations of
the zone district in which they are located.
10. All other wall signs permitted by this chapter which are placed on a building
with a skyline sign pursuant to this section shall not exceed sixty percent of the
area which would otherwise be allowed in the particular zone district, a height of
twenty feet from grade, and letters that are taller than the skyline letters.
11. Comprehensive sign plans may permit skyline signs to be more or less
restrictive than the requirements of this section.
G. Electronic Message Displays.
1. Only retail development exceeding fifty thousand square feet, or
shopping centers encompassing five acres or more, are permitted use of
an electronic message display on a pylon sign.
2. Only one of the allowed pylon signs permitted along a street
frontage may include an electronic display.
3. If a pylon sign contains an electronic message display and
monument signs are also permitted for the center, only one of the allowed
monument signs along a street frontage may contain an electronic
message display. If a pylon sign does not contain an electronic message
display and monument signs are permitted for the center, only two of the
allowed monument signs along a street frontage may contain an
electronic message display.
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4. Pylon signs that contain an electronic message display shall be set
back a minimum of one hundred fifty feet from any R, PUD, or OS zone, and
fifty feet from any interior property line not within that center.
5. Electronic message displays are not permitted on pylon signs located
on properties that do not contain retail development exceeding fifty
thousand square feet or are shopping centers less than five acres as noted
in subsection (G) (1) of this section. However, one of the allowed monument
signs along each street frontage is permitted to contain an electronic
message display.
6. Electronic message displays shall not be permitted on building walls
or in windows.
7. All other sign regulations that pertain to the particular zone district
and specific business shall apply.
8. Outdoor advertising signs (billboards) may contain electronic
message displays subject to the regulations in subsection E of this section.
H. Projecting Business Identification Signs.
1. Projecting business identification signs are only permitted within the
following areas:
a. Central District Area as defined in Section 10.08.020(A), except
that projecting signs shall not be permitted along the street frontages
of State Route 178, State Route 204, and any street south of the
Burlington Northern/Santa Fe Railroad. Where the Central District
boundary follows a street, permitted projecting signs shall be allowed
for business frontages along both sides of that street.
b. Baker Street frontage between Truxtun Avenue and Monterey
Street. Projecting signs are also permitted along the frontages of the
intersecting streets and alleys with Baker Street one block in either
direction, except that projecting signs shall not be permitted along
the street frontages of Truxtun Avenue and Monterey Street.
2. In addition to other signs as allowed by this chapter, one projecting
sign is permitted for a ground floor business along each street it fronts. A
second floor or basement business may have a projecting sign only if it has
its own dedicated public street entrance and the sign is located above or
within five feet of that entrance.
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3. A sign shall not project more than five feet beyond its supporting
building. Within an alley where vehicles will pass underneath a sign, that
sign shall not project more than three feet beyond its supporting building.
An encroachment permit from the city is required for any signs that project
into the public right-of-way.
4. A sign shall not be placed higher than fifteen feet on a building wall
or above the first floor of a multiple story building. Within an alley where
vehicles will pass underneath a sign, that sign shall not be placed higher
than twenty feet above the alley surface.
5. A sign shall not exceed an area of sixteen square feet.
6. A sign shall not be closer than ten feet to another projecting sign or
to a freestanding sign, or five feet from an interior property line or line
dividing two separate business frontages. A sign shall be at least two feet
from the face of the street curb.
7. A sign shall not be less than eight feet above the surface over which
it projects. Within an alley where vehicles will pass underneath a sign, that
sign shall not be less than fifteen feet above the alley surface.
8. A sign shall not exceed a maximum thickness of twelve inches.
9. Internally illuminated signs shall have opaque face panels so that
only the letters, logos, numbers, and/or symbols appear illuminated at
night; use of bulbs or neon for such lettering and symbols is allowed subject
to the provisions of this chapter. Electronic message displays and flashing
signs are prohibited.
10. A sign shall not project above the roof or an apparent eave or
parapet, including the eave of a simulated hipped or mansard roof. A sign
shall not be attached to the sloping face of mansard overhangs or other
architectural features intended to resemble or imitate roof structures.
11. A two-dimensional fabric banner suspended perpendicular to a wall
may be displayed in lieu of a projecting sign provided the banner is
anchored to not hang freely and meets all of the requirements of this
subsection for a projecting sign.
12. Businesses that occupy a space with public access from only an alley
or courtyard may share one directory sign as defined by this code along
each public street to direct pedestrians to those businesses. A directory sign
shall not exceed a maximum height of eight feet or an area of six square
feet; only indirect external illumination is allowed.
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13. A single vertical projecting sign may be installed along each street
frontage on a building that is three or more stories tall that identifies the
building name or use, or that of a major tenant. The sign is subject to all
provisions of this subsection except that there is no minimum sign area; it
must be mounted at the second floor or higher, and is limited to a single
line of text.
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.
---------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 18 2022 by the following vote:
YES:
COUNCILMEMBER:
NOES:
COUNCILMEMBER:
ABSTAIN:
COUNCILMEMBER:
ABSENT:
COUNCILMEMBER:
APPROVED: M Y 18 2022
By:
KAREN GOH
Mayor
ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
VIRIDIANA ALLARDO-KING
Deputy City Attorney
A'L�'
JULI DRIMAKIS,/4MC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
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FREEWAY ORIENTED SIGN MAP
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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 20th day of May, 2022 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 5095, passed by the
Bakersfield City Council at a meeting held on the 18th day of May, 2022 and entitled:
ORDINANCE AMENDING SECTIONS 17.60.070 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO SPECIALIZED SIGNS; SPECIFICALLY FREEWAY ORIENTED SIGNS.
JULIE DRIMAKIS, MMC
City Clerk and- Ex Officio of the
Council of the City of Bakersfield
D U �Ciftyerk
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