HomeMy WebLinkAboutORD NO 3379 ORDINANCE NO. 3 3 ? 9
AN ORDINANCE AMENDING CHAPTER 17.53
OF THEi BAKERSFIELD MUNICIPAL CODE
RELATING TO SITE PLAN REVIEW.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
Chapter 17.53
hereby amended to read as
SECTION 1.
of the Bakersfield
follows:
Municipal Code is
Sections:
17.53.010
17.53.020
17.53.030
17.53.040
17.53.050
17.53.051
17.53.060
17.53.061
17.53.070
Chapter 17.53
SITE PLAN REVIEW
PurpoSe.
Site plan review committee.
Site ~)lan approval required.
Definitions.
Basislfor approval.
Site plan review objectives.
ProceSs.
LandsCape requirements and standards.
Certificate of occupancy.
17.53.010 Purpose.
The purpose of site plan review is to promote standards of
development in the community consistent with adopted city policies
and to protect the health, safety and welfare of the community
through the implementation of development standards, regulations
and adopted General Plan policies of the city.
17.53.020 Site plan review co~,,.ittee.
A site plan review committee is established consisting of the
planning director, building director, fire chief and public works
director, or their designated representatives. The planning
director shall be responsible for coordination of the committee's
activities.
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17.53.030 Site ~lan approval required.
No person shall undertake, conduct, use or construct or cause
to be undertaken, conducted, used or constructed any of the
following without having first complied with the provisions of
this chapter and obtained site plan approval: any change in the
actual use of land or improvements thereon, including, but not
limited to, the construction of any improvements which require a
building permit, enlargement, reconstruction or renovation of
improvements; notwithstanding this provision, the following are
exempt:
A. Permitted uses in the R-I, E, R-S, R-S1A, R-S-2.5A,
R-S-5A, R-S10A, RH, A, A-20A, FP-P and FP-S zones;
B. Normal maintenance and repair of improvements and
exterior remodeling not requiring a building permit;
C. Interior improvements which do not involve exterior
building modifications or a change of use or intensity of use;
D. Subdivision of land.
E. Projects with a building valuation of less than
$20,000 may be approved over the counter if the planning director
finds the project is consistent with 17.53.010 of this code.
17.53.040 Definitions.
For purposes of this chapter, the words set out in this
section shall have the following meanings:
A. "Approving authority" means the authority in whom
decision-making responsibility is vested under the provisions of
this chapter, including the site plan review committee, the
planning commission and the directors, to be determined in
context.
B. "Certificate of occupancy" means a legal document
indicating that the construction of a project conforms to the
building plans approved.
C. "Directors" means the planning director
building director for purposes of this chapter.
and
D. A "parking lot" means an off-street open area and
driveway thereto and within solely for the parking of passenger
vehicles. Such an area or portion thereof shall be considered a
parking lot whether on the same lot as another use, whether
required by Code for any structure or use, and whether classified
as an accessory, permitted or conditional use.
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E. The "site plan review room" is an area designated
by the planning director for site plan review activities where
each member of the site plan review committee meets on a daily
basis to review and comment on site plan review applications and
related items.
17.53.050 Basis for approval.
Approval shall be granted or denied on the basis of the
development standards, referred to in Section 17.53.051 and the
municipal code, as adopted and amended from time to time. Each
approved site plan shall be deemed to include a condition of
approval that the project, as developed, comply with all
mandatory, adopted improvement standards and requirements
applicable to the project on the date on-site construction
(excluding grading and other site preparation work) begins,
including, but not limited to, those requirements and standards
referred to in subdivisions 1 through 5 of subsection D of Section
17.53.060, whether or not such standards and requirements were in
effect as of the date of site plan approval.
17.53.051 Site plan review standards.
The City Council shall by resolution
standards and policies for site plan review.
adopt
development
17.53.060 Process.
A. Application. The application shall consist of a
fee, based upon a schedule adopted by the city council, one
legible copy of the application form and two legible copies of the
site plan, elevations and floor plans, unless otherwise instructed
by the planning director, of the following:
1. Application Form. The application form shall
be provided by the planning director and shall be filled out to
the satisfaction of the planning director.
2. Hazardous materials compliance check list as
required by the City Fire Marshal.
3. Site Plan. The site plan shall be neatly
dimensioned and drawn to an appropriate scale (preferred scale is
one inch equals twenty feet) with a minimum size of eight and one-
half inches by eleven inches, shall depict the subject parcel and
contain the information specified below. It shall indicate the
location of the site, project address, location of all existing
improvements, the type and location of all proposed improvements,
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type and location of all improvements proposed to be demolished or
constructed, all existing and proposed uses on-site and all
evidence of a mappable nature which may be required, including:
a. Location, height and material of existing
and/or proposed fences and walls;
b. Location of off-street parking, indicate
the number of required parking spaces, the number of provided
parking spaces, and the number and location of handicapped spaces,
type of paving, direction arrows depicting traffic flow parking
dimensions, and parking lot total square footage.
c. Location and type of parking lot lighting,
including pole locations, pole height, light source, illumination
level and fixtures types consistent with the provisions of the
zoning ordinance.
d. Locations and width of drive approaches;
e. Method of storm water disposal;
f. Location of existing and/or proposed
public improvements (such as curbs, gutters, sidewalks, sewers,
utility poles, fire hydrants, street lights, traffic-control
signing, traffic signal devices, specific plan lines for streets
and highways, etc.);
disposal;
g. On-site drainage and method of sewage
h. Location of trash refuse area;
i. Landscaped areas in accordance with
Section 17.53.061 (C) of this code.
including:
j. Bummary of all proposed buildings
(1) Total gross floor area as defined in
Section 17.58.020 F of this code;
(2) Number of floors and square footages
per floor;
(3) Existing use or uses of buildings
and their respective square footages;
(4) Proposed use or uses of the building
and their respective square footages;
(5) Required and provided parking ratios
for each building.
k. Elevations and floor plans (including
description of room use) of all proposed or existing buildings or
additions to existing buildings. In the case of building additions
the plans shall clearly show existing and proposed areas and any
areas proposed for demolition.
B. Action Procedure.
1. A~cepta/x~e. The application and copies thereof
shall be submitted to the planning director or his representative.
Within three working days, he shal
application is com~-~ ..... 1 determine wh t
17 ~ ~,~, ~ ~n~ conforms t~ ~ .... e her the
~ri~2~u%a,t If the application %o~= ~vlslons of Section
~ ~lons o~ Section 17.53.060'A, ~ ~o. ~o~ conform to the
· ~ ;, Lne plannln ·
notify the applicant of ad ~e~-~ : .... g director shall
d-~=x ~n~orma~lon requirements. If
the application is completed and in conformance, he shall accept it
and note the date of acceptance on all copies thereof.
2. Referral and review. Within two working days
of acceptance, the planning director shall transmit one copy of the
application to the site plan review room. Each member of the site
plan review committee shall review and comment on said application.
3. Consideratio~ of alm~lication. Not more than
fifteen working days from the date of acceptance each member of the
site plan review committee shall consider the application and
i!lated information and shall make a recommendation on the project
bmS.l~ ~i~,~=u=n_.~ss such recommendation is deferred pending
o.~ ~ =uu~lonal information requested by the committee.
Comments shall be forwarded to the planning director for his
consideration and decision.
4. Decision. Decisions are made on the basis of
the 9pplication, the comments received from the site plan review
committee members, and other relevant information from city
departments and/or other public a encie
all a~prove the project, attach~ co~=:The p~annlng director
~s or her opinion, are nece ...... ~ ~zu~ons thereto which, in
standards; ~=~ uu comply with adopted codes and
comply with provided, however, if the proposed project does not
said codes, Standards or policies, or if the applicant
will not agree to comply with any condition, the planning director
shall approve, conditionally approve or deny the site plan review.
The planning director shall make a decision on the project within
5 working days of receiving the recommendation from the site plan
review committee. Notice of each decision shall be given by
posting a copy thereof on the bulletin board at City Hall within
three days of the date of the decision and by mailing, within such
three-day period, a copy thereof to the applicant and any person
who has requested such notice by written request filed with the
planning director.
5. Final site plan approval. Upon submittal by
the applicant for a building permit on an approved site plan
review project, the building director will transmit a copy of the
construction plans to the planning director who will transmit said
copy of the construction plans along with the site plan review
application and decision to the site plan review room. Each
member of the site plan review committee will review the plan for
compliance with site plan review conditions set forth in the
decision. If a member or members determine the applicant has not
complied with one or more of the site plan review conditions then
the planning director shall, within two working days of said
determination, notify the applicant in writing. The plans will be
suspended from further processing until such time as necessary
corrections are made. If the applicant does correct the plans or
satisfy the conditions of approval the planning director shall
within five working days of receiving the corrections approve the
plans and return them to the building director for further
processing.
6. Commencement of construction. The applicant
shall not begin development or construction based on the approved
site plan until the process set forth in this chapter has been
completed, the time period for appeal has expired and each other
permit and license required for the project to commence has been
obtained.
7. Time extension. The time periods cited in
this chapter for review and action on the application may be
extended for up to ten working days by the planning director if,
in his or her opinion, additional time is required at any stage of
the review process for proper and complete review of the proposed
project. No application shall be deemed complete unless the
project for which the site plan was prepared is consistent with
the General Plan and zoning regulations of the city. Should it be
determined at any time in the process of review provided in this
chapter that requirements of the California Environmental Quality
Act have not been satisfied and cannot be satisfied within the
time periods specified, such time periods shall be extended for
such time as is necessary to satisfy such requirements. The time
periods specified in this chapter shall not be applicable to plan
check procedures of the city's building director.
C. Revisions to Applications.
1. Revisions prior to decision. The applicant
may make revisions to the application at any time before the
decision. The directors (or if at a hearing, the approving
agency) may determine that the revisions require study by the
staff or comment by one or more city department and/or other
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public agency, and may therefore move the application back in the
action procedure.
2. Revisions after denial of the site plan.
Within thirty calendar days of denial of the site plan, the
applicant may resubmit his proposal with revision and any
additional processing fees as determined necessary by the planning
director. Any additional fees shall not exceed 90% of the
original site plan review fees for the project. Such resubmittal
may be submitted for comment by other city departments and/or
other public agencies, shall be acted upon in the same manner as
the original application and shall be decided by the approving
agency which denied the site plan.
3. Revisions after approval of the site plan. At
any time after approval, but before the approved site plan
expires, the applicant may submit revisions to the permit. Such
revisions shall be acted upon in the same manner as the original
application. Minor revisions resulting from physical obstacles or
other comparable constraints may be approved by the directors.
D. Conditions. The approving authority may place
conditions upon approval of a site plan which it deems necessary
and proper to ensure that a policy will be implemented in the
manner indicated in the application or a revision thereto. The
conditions may consist of, but shall not be limited to, one or
more of the following:
1. Compliance
subdivision ordinance;
with the provisions of the
2. Installation of on-site and off-site
improvements (including, but not limited to, dedication of rights-
of-way, street paving, sidewalks, gutters, street lights and
drainage facilities) related to special problems of the property,
if developed in accordance with the site plan;
3. Application of landscaping standards required
of multiple-family, commercial and industrial zones;
4. Adherence to all adopted laws, regulations,
codes, ordinances and improvement standards whether or not cited
in this chapter which have application to the project, including
payment of fees and charges required thereby;
5. Imposition of time limits within which
specified improvements shall be installed for the public welfare,
safety or convenience. The approving body may extend such time
limits upon the written request of an applicant. Unless such
limits are so extended, failure to complete installation of such
improvements within the specified time limit shall void the
approved site plan.
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H. Expiration of site plan. Approved site plans shall
expire unless building permits have been issued on said site plan
or, on projects not requiring a building permit construction has
commenced on-site within one and one-half years of the date of
approval and completed not more than four and one-half years from
the date of approval of the site plan. The one and one-half year
time requirement may be extended for a period of one year by the
Planning Director through resubmittal of final plans for check
against current code requirements and written justification for
the requested extension. No fees will be levied for such a
compliance check and extension. Changes to the plans originally
approved for purposes other than code requirements shall pay new
site plan review fees equal to or less than 90 percent of the
original site plan review fees for the project. Upon expiration
of the building permit a new site plan review shall be required.
In any event, such site plan shall expire upon the rezoning of the
site following approval of the site plan unless the proposed use
is an allowable use in the subsequent zone.
I. Appeal.
1. Procedure. An applicant not satisfied with
the decision of the site plan review committee may, within ten
days of the date of the decision, appeal to the city planning
commission by filing a written notice of appeal and payment of
fees with the planning director setting forth the precise basis
and issues on appeal and requesting a hearing thereon. The
planning commission shall, within thirty days of such appeal
having been filed, hold a noticed public hearing thereon. If such
applicant is not satisfied with the decision of the planning
commission, he may, within ten days of the date of such decision,
appeal in writing to the city council by filing a written appeal
and payment of fees with the city clerk. The city council shall
hold a public hearing on the appeal. Appeals of building code
requirements shall be heard by the Board of Building Appeals.
Appeals relative to handicap access shall be heard by the handicap
access appeals board.
2. Waiver. Failure to file an appeal within the
time period prescribed therefor hereinabove, or application for a
building permit following approval of a site plan application,
shall be deemed a waiver of the right of appeal.
17.53.061 Landscape requirements and standards.
A. The purpose of this section is to establish the
necessary criteria, standards and limits for landscaping. The
provisions of this section are intended to provide a transition
between and mitigate conflicts which may arise between adjacent
land uses, to promote an attractive visual harmony between the
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landscape and development and to reduce air, noise and visual
pollution.
B. A final landscape plan shall be incorporated into
the plans submitted to the building department for building
permits and approved by the planning director prior to final site
plan approval. Landscaping and irrigation shall be installed in
compliance with the approved final plan prior to final inspection
or occupancy except as provided for in 17.53.061 D.1. This plan
shall be in accordance with adopted standards and include:
A workable scale (preferred - one inch equals
ten feet or larger) and north arrow;
Property lines, overhead and underground power
easements;
3. Dimensions;
Location of all trees and shrubs. Mature tree
head diameter shall be depicted to scale;
5. Existing and proposed structures;
6. Specifications for irrigation (separate
sheet);
e
Existing natural features (note on plan to be
removed or retained);
8. Landscape drainage plan (showing method of
water removal from the landscape areas;
9. A plant specification list must be submitted:
a. Keyed to the plan,
b. Botanical and common plant names,
Estimated sizes at planting and at
maturity,
d. Head diameter of trees at maturity and
whether the tree is evergreen or
deciduous.
e. Container sizes,
f. Quantity of each,
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Percent of parking lot shading which will
result from tree landscaping calculated
in accordance with 17.53.061 D.13.
Percent of evergreen trees located in
parking lot and percent located along
project perimeter lexcluding trees
required as buffer in 17.53.061 D.16.)
C. All projects initiated after the effective date of
the ordinance enacting this chapter shall be in compliance with the
minimum landscape standards of subsection D of this section and
subject to approval by the planning director with the following
exceptions:
1. All uses established prior to the effective
date of the ordinance codified in this chapter shall be exempt from
these standards; provided, that such uses are not expanded, changed
or otherwise modified in a manner which requires issuance of a
building permit with a valuation of fifty percent or greater than
the replacement value of the existing improvements. If the
existing uses are to be expanded greater than fifty percent of
their replacement value, the planning director, at his discretion,
shall determine the amount and placement of landscaping needed to
comply with subsection C. of Section 17.53.061, which in no case
shall exceed two percent of the gross lot area.
D. Minimum Landscape Standards.
1. Occupancy of a use subject to these standards
shall not be permitted until the approved landscaping and
irrigation has been installed or until an agreement and surety bond
or cash deposit, in an amount determined by the building director,
or sufficient to cover the cost of installation, has been provided
to the city specifying completion of installation within thirty
days of the date of occupancy.
2. All plantings shall be maintained in a healthy
and attractive condition. Maintenance shall included but is not
limited to programmed waterings, consistent fertilizing, weed
control, cleaning, pruning, trimming, pest control and cultivating.
3. Landscape structural features shall
maintained in sound structural and attractive condition.
be
4. Plantings shall be serviced by a permanently
installed, electrically automated sprinkler system.
5. Replacement planting must conform to the
original intent of the landscape design.
6. Installation of landscape materials shall be in
accordance with commonly accepted methods of installation.
7. Trees shall be equivalent to minimum fifteen
gallon container size or larger and shall be vigorous and healthy
when planted.
8. Shrubs shall be a minimum five gallon container
size or larger and shall be vigorous and healthy when planted.
seventy-five
maturity.
9. Live vegetative matter shall cover no less than
percent of the required landscaped area at its
10. Where setbacks and public improvements allow,
a landscaped area ten feet in width on arterial streets and eight
feet in width on collector and local streets shall be installed
behind the back of the curb or sidewalk along said street. The
width of the landscape strip may be reduced when in the opinion of
the planning director the following conditions are met:
The total square footage of required
landscaped area remains constant;
The reduction in the required width is
consistent with the purposes of the
landscape regulations of this chapter.
11. A tree shall be planted at a ratio of one tree
per thirty-five lineal feet, or portion thereof, along a public
right-of-way or in groupings which include a number Of trees equal
to the thirty-five-foot interval.
12. In parking lots provide at least one tree for
each six parking spaces placed at a maximum of sixty-five foot
intervals.
13. Parking lot trees shall be installed and
thereafter maintained throughout the parking area to ensure that
thirty (30) percent of the parking lot will be shaded based on
calculating ninety (90) percent of the tree species mature shade
area.
14. Buildings with main entrances facing parking
lots shall be landscaped with a minimum of one for each fifty feet
of linear building frontage or portion thereof. Said trees shall
be adjacent to the building and may also be credited for parking
lot trees if they comply with the requirements set forth in Section
17.53.061 (D.12.).
15. Of the total number of trees required for the
project, thirty (30) percent shall be evergreen species. Further,
a minimum of half of the evergreen trees shall be located at the
perimeter of the project area.
16. In addition to the trees referenced in
17.53.061 D.12, 13 and 15, evergreen trees shall be installed
along the property line perimeter of drive aisles, parking lots,
loading areas and storage areas as a buffer between office,
commercial and industrial uses and property zoned for residential
uses. Said trees shall be spaced no further apart than 30 feet on
center.
17.53.070 Certificate of occupancy.
After construction and before occupancy of a project, the
building director or his authorized representative shall inspect
the development to determine whether the permit and conditions
thereon have been complied with. If so, he shall issue a
certificate of occupancy; if not, he shall order corrections. The
development shall not be occupied until the certificate of
occupancy is issued.
SECTION 2.
This Ordinance shall be posted in accordance with the
City Charter provisions and shall become effective thirty (30)
days from and after the date of its passage.
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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 .HH 17 19§! , by the following
vote:
AYES; COUNCILMEMBERS: EOWA,RJ)S, DeMOND..BJ~. BRUNNI, PETERSON, McDERMOTT, SALVAGGIO
NOES; COUNCILMEMBERS:
A~SENT COUNCiLMEMBERS:
ABSTAIN: COUNCILMEMBERS*
CITY e
Council of the City of Bakersfield
APPROVED JUL 17 199!
Vice-MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE LUNARDINI
CITY ATTORNEY of the City of Bakersfield
LCM/meg
SITEPLAN.O-3
5/9/91
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern)
CAROL WILLIAMS, Being duly sworn,
That she is the duly appointed,
of Bakersfield; and that on the
posted on the Bulletin Board at
the following: Ordinance
City Council at a meeting held
and entitled:
deposes and says:
acting and qualified City Clerk of the City
22nd day of July , 1991 she
City Hall, a full, true and correct copy of
No. 3379 passed by the Bakersfield
on the 17th day of July 1991,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
.'~z~: ~
DEPUTY City Clerk