HomeMy WebLinkAboutRes. No. 04-24RESOLUTION NO. 04-24
RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE TEXT
AMENDMENTS TO BAKERSFIELD MUNICIPAL CODE TITLE 17 BY ADDING,
DELETING, AND AMENDING VARIOUS CHAPTERS PRIMARILY RELATED
TO RESIDENTIAL ZONING AND MIXED-USE ZONING TO ADDRESS
EVOLVING COMMUNITY NEEDS, ENHANCING HOUSING OPTIONS, AND
PROVIDING COMPATIBILITY WITH THE CITY'S LONG-TERM
DEVELOPMENT GOALS IN SUPPORT OF THE BAKERSFIELD GENERAL PLAN
COMPREHENSIVE UPDATE; SPECIFICALLY, THE HOUSING ELEMENT.
WHEREAS, the City of Bakersfield initiated text amendments to Bakersfield
Municipal Code Title 17 by adding, deleting, and amending various Chapters primarily
related to residential zoning and mixed-use zoning to address evolving community
needs, enhancing housing options, and providing compatibility with the City's long-term
development goals in support of the Bakersfield General Plan comprehensive update;
specifically, the Housing Element (the Project); and
WHEREAS, the Secretary of the Planning Commission, did set Thursday, February
15, 2024, at 5:30 p.m. in the Council Chambers, City Hall South, 1501 Truxtun Avenue,
Bakersfield, California, as the time and place for consideration; and
WHEREAS, the Project has been found to be exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections
15060(c) (2) and 15061 (b) (3) ("general rule" or "common sense") and of Title 14, Article
18, 15620 of the California Code of Regulations (statutory); and
WHEREAS, the laws and regulations relating to CEQA and the City of Bakersfield's
CEQA Implementation Procedures have been duly followed by city staff and the
Planning Commission; and
WHEREAS, the City of Bakersfield Planning Division ( 1715 Chester Avenue,
Bakersfield, California) is the custodian of all documents and other materials upon
which the environmental determination is based; and
WHEREAS, the facts presented in the staff report and evidence received at the
above referenced public hearing support the following findings:
1 . All required public notices have been given. Advertisement of the
hearing notice regarding the Project was published in the Bakersfield
Californian, a local newspaper of general circulation.
2. The provisions of the California Environmental Quality Act (CEQA) have
been followed.
4. The text amendments are necessary and desirable as the proper use of
the City's zoning authority for the protection of the general health, safety,
welfare of the community.
5. The text amendments are consistent with the goals, objectives and
policies of the Metropolitan Bakersfield General Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
BAKERSFIELD as follows:
1. The recitals above are true and correct and incorporated herein by this
reference.
2. The ordinance amendments as shown in Exhibit A and incorporated herein,
is hereby recommended for adoption by the City Council.
--oOo---------
1 HEREBY CERTIFY that the foregoing resolution was passed and adopted by the
Planning Commission of the City of Bakersfield at a regular meeting thereof held on the
15th day of February 2024, on a motion by Commissioner Cater and seconded by
Commissioner Strickland, by the following vote.
A YES: Commissioners Bashirtash, Cater, Koman, and Strickland
NOES:
ABSENT: Commissioners Bittle, Kaur, and Neal
ABSTAIN:
ZA/ A BASHIRTASH, CHAIR
C~ of akersfield Planning Commission
Exhibits:
Draft Ordinance
Page 2 of 2
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 1 of 449
The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Title 17
ZONING
Chapters:
17.02 General Provisions
17.04 Definitions
17.06 Zones Established—Zoning Map Boundaries
17.08 General Regulations Including Site Plan Review
17.10 R-1 One-Family DwellingResidential Zones
17.12 Residential Suburban Mixed-Use Zones
17.14 R-2 Limited Multiple-Family Dwelling ZoneMulti-Unit Objective Design Standards
17.16 R-3 Multiple-Family Dwelling ZoneReserved
17.18 R-4 High Density Multiple-Family Dwelling ZoneReserved
17.19 RH (Residential Holding) ZoneReserved
17.20 C-O Professional and Administrative Office Zone
17.22 C-1 Neighborhood Commercial Zone
17.24 C-2 Regional Commercial Zone
17.25 C-B Central Business Zone
17.26 C-C Commercial Center Zone
17.28 M-1 Light Manufacturing Zone
17.30 M-2 General Manufacturing Zone
17.31 M-3 (Heavy Industrial) Zone
17.32 A Agriculture Zone
17.34 P Automobile Parking ZoneReserved
17.35 RE (Recreation) Zone
17.36 Church (CH) Combining ZoneReserved
17.37 OS (Open Space) Zone
17.38 Hospital (HOSP) Zoning
17.41 AD (Architectural Design) ZoneReserved
17.42 FP-P Floodplain Primary Zone
17.44 FP-S Floodplain Secondary Zone
17.45 AA (Airport Approach) Zone
17.46 Drilling Island (DI) District
17.47 (PE) Petroleum Extraction Combining District
17.48 TT Travel Trailer Park Zone
17.50 MH Mobile Home Zone
17.51 SC (Senior Citizen) ZoneReserved
17.52 PUD Planned Unit Development Zone
17.54 PCD Planned Commercial Development Zone
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 2 of 449
The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
17.55 Specific Plan Lines for Streets and Highways
17.56 Fallout Shelters
17.57 Metal Storage Containers
17.58 Parking and Loading Standards
17.59 Wireless Telecommunication Facilities Not in the Public Right-of-Way
17.60 Signs
17.61 Landscape Standards
17.62 Surface Mining and Reclamation
17.63 Home Occupations
17.64 Modifications, Conditional Use Permits, Amendments and Appeals
17.65 Accessory Dwelling Units and Junior Accessory Dwelling Unit
17.66 HD (Hillside Development) Combining Zone
17.68 Nonconforming Uses, Structures and Lots
17.69 Adult Entertainment Businesses
17.70 Certificate of Occupancy
17.71 Outdoor Lighting
17.72 Enforcement
17.73 Reasonable Accommodation
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 3 of 449
The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Chapter 17.02
GENERAL PROVISIONS
Sections:
17.02.010 Title.
17.02.020 Adoption.
17.02.030 Purpose.
17.02.040 Content and scope.
17.02.010 Title.
This title shall be known as the “land use zoning ordinance of the city.” (Prior code § 17.08.010)
17.02.020 Adoption.
There is adopted a precise zoning plan for the city. (Prior code § 17.04.010)
17.02.030 Purpose.
This zoning plan is adopted to implement the goals and policies of the general plan of the city which serve to
promote and protect the public health, safety, peace, morals, comfort, convenience and general welfare, and for
the accomplishment thereof is adopted, among other purposes for the following more particularly specified
purposes:
A. To assist in providing a definite plan of development for the city and to guide, control and regulate the
future growth of the city in accordance with said plan; and
B. To protect the established character and the social and economic stability of agricultural, residential,
commercial, industrial and other areas within the city, and to assure the orderly and beneficial development of
such areas. (Ord. 2693, 1982; prior code § 17.04.020)
17.02.040 Content and scope.
The zoning plan consists of the establishment of various zones within the incorporated territory of the city
within some, all, or none of which it is lawful, and within some, all, or none of which it is unlawful to erect,
construct, alter, move, locate or maintain certain buildings or to carry on certain trades or occupations or to
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 4 of 449
The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
conduct certain uses of land or of buildings; within which the height and bulk of future buildings shall be
limited; within which certain open spaces shall be required about future buildings and consisting further of
appropriate regulations to be enforced in such zones, all as set forth in this title. (Prior code § 17.04.030)
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 5 of 449
The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Chapter 17.04
DEFINITIONS
Sections:
17.04.010 Generally.
17.04.020 Accessory building.
17.04.022 Accessory parking facility.
17.04.030 Accessory use.
17.04.032 Acreage, gross.
17.04.035 Acreage, netAirspace diagonal.
17.04.040 Alley.
17.04.045 Antenna.
17.04.050 Apartment hotel.
17.04.060 Apartment house.
17.04.065 Approving authority.
17.04.070 Architectural feature or projection.
17.04.075 Awning or canopy.
17.04.077 Brewery or distillery, large.
17.04.078 Brewery or distillery, small.
17.04.080 Building.
17.04.085 Building façade.
17.04.090 Building height.
17.04.100 Building site.
17.04.120 Business or commerce.
17.04.128 Camouflage.
17.04.129 Cannabis.
17.04.130 Carport.
17.04.132 Central district.
17.04.140 Church.
17.04.150 Club, private.
17.04.154 Commercial cannabis activity.
17.04.154.5 Community care facility.
17.04.155 Conditional uses.
17.04.160 Day care home, small family.
17.04.165 Day care center.
17.04.168 Driveway.
17.04.170 Dwelling, accessory unit (ADU).
17.04.180 Dwelling, accessory unit junior (JADU) group.
17.04.190 Dwelling, multi-unitple-family.
17.04.195 Dwelling, single-room occupancy unit.
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 6 of 449
The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
17.04.200 Dwelling, single-unitone-family.
17.04.210 Dwelling, two-family.
17.04.220 Dwelling unit.
17.04.230 Educational institution, college or university.
17.04.235 Emergency shelter
17.04.240 Family.
17.04.242 Farmers market.
17.04.245 Food vending vehicle.
17.04.250 Flood, intermediate regional.
17.04.260 Floodplain.
17.04.270 Floodplain primary.
17.04.280 Floodplain secondary.
17.04.281 Floor area, conditioned or net.
17.04.281.5 Floor area, gross.
17.04.282 Floor area ratio.
17.04.285 Food and/or shelter service agency.
17.04.287 Freeway.
17.04.288 Front foot of building occupancy.
17.04.290 Garage, private.
17.04.300 Garage, public or commercial.
17.04.305 Garage or yard sale.
17.04.310 Grade.
17.04.320 Guesthouse.
17.04.322 Height.
17.04.330 Home occupation.
17.04.340 Hospital, sanitarium.
17.04.350 Hotel.
17.04.352 Housing, employee, agriculture
17.04.353 Housing, employee
17.04.354 Housing, supportive.
17.04.355 Housing, transitional.
17.04.358 Hydrozone.
17.04.360 Junkyard.
17.04.365 Kennel, dog.
17.04.367 Retail development.
17.04.370 Lot.
17.04.380 Lot area.
17.04.390 Lot, corner.
17.04.395 Lot, flag.
17.04.400 Lot, interior.
17.04.410 Lot, key.
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 7 of 449
The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
17.04.420 Lot line, front.
17.04.430 Lot line, rear.
17.04.440 Lot line, side.
17.04.450 Lot, reversed corner.
17.04.460 Lot, through.
17.04.460.5 Low barrier navigation center.
17.04.461 Marquee.
17.04.462 Masonry.
17.04.463 Medical marijuana dispensary.
17.04.464 Metal storage container.
17.04.465 Mined land.
17.04.465.25 Mixed-use.
17.04.465.5 Mixed-use, horizontal.
17.04.466 Mobile home.
17.04.467 Mobile home park.
17.04.468 Motel.
17.04.470 Nonconforming, illegal.
17.04.472 Nonconforming lot, legal.
17.04.474 Nonconforming structure, legal.
17.04.476 Nonconforming use, legal.
17.04.485 Nonprofit organization.
17.04.490 Nursery school.
17.04.491 Overburden.
17.04.492 Parcel of property.
17.04.493 Parking garage.
17.04.493.5 Parking lot.
17.04.494 Permitted use.
17.04.494.25 Places of assembly, commercial.
17.04.494.5 Public and quasi-public uses.
17.04.495 Reclamation.
17.04.496 Recreational vehicle.
17.04.498 Religious institutionResidential facility.
17.04.500 Rest home or convalescent home.
17.04.502 Retail establishment.
17.04.508 Roofline.
17.04.510 Roominghouse.
17.04.515 Sanctuary.
17.04.520 School, elementary.
17.04.530 School, high.
17.04.535 School, junior high.
17.04.537 School, Sunday.
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 8 of 449
The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
17.04.539 Accessory dwelling unit.
17.04.540 Service station.
17.04.545 Setback.
17.04.546 Shopping/business center.
17.04.547 Sign.
17.04.550 Stables, commercial.
17.04.560 Stables, private.
17.04.570 Story.
17.04.580 Story, half.
17.04.590 Streambed.
17.04.594 Street.
17.04.595 Street frontage.
17.04.600 Structure.
17.04.602 Supportive housing.
17.04.604 Surface mining operation.
17.04.606 Tandem parking space.
17.04.608 Target population.
17.04.610 Temporary promotional activity.
17.04.618 Tower.
17.04.620 Trailer court or trailer park.
17.04.624 Transit facility.
17.04.626 Transitional housing.
17.04.630 Travel trailer.
17.04.640 Use.
17.04.650 Use, change of.
17.04.653 Winery.
17.04.656 Winery, boutique.
17.04.660 Yard.
17.04.670 Yard, front.
17.04.680 Yard, rear.
17.04.690 Yard, side.
17.04.700 Zone.
17.04.010 Generally.
For the purpose of this title, certain words and phrases are defined and certain provisions shall be construed as
set forth in this chapter, unless it is apparent from the context that a different meaning is intended. (Prior code
§ 17.08.010)
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 9 of 449
The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
17.04.020 Accessory building.
“Accessory building” means a detached subordinate building, the use of which is customarily incidental to that
of the main building or to the main use of the land and which is located on the same lot with the main building
or use. (Prior code § 17.08.030)
17.04.022 Accessory parking facility.
“Accessory parking facility” means an attached or detached structure for the purpose of parking passenger
vehicles that is secondary in nature and incidental to the primary use of the property. Said structures can be,
but are not limited to, residential or commercial garages or carports. (Ord. 4521 § 1, 2008)
17.04.030 Accessory use.
“Accessory use” means a use naturally and normally incidental to, subordinate to and devoted exclusively to
the main use of the premises. (Prior code § 17.08.020)
17.04.032 Acreage, gross.
“Gross acreage” means the entirety of the legal lot.
17.04.035 Acreage, netAirspace diagonal.
“Net acreage” means the calculated area based on buildable area plus local street. Net Acreage does not
include dedications of roadway for Freeways, Highways, Arterial and Collector streets, land dedicated for
schools, parks, drainage basins, and any land area deemed unbuildable because of easements, such as
underground pipelines or overhead powerlines. “Airspace diagonal” means a hypothetical two-dimensional
inclined plane which intersects the horizontal plane of a lot at its front property line and which is projected at a
given angle to the horizontal surface over the lot area in accordance with the following:
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 10 of 449
The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
The elevation of the horizontal plane (b) shall be the same as “grade” defined in Section 17.04.310 if grade is
at or above the top of curb elevation. If the building grade is below top of curb elevation, then the horizontal
line shall be at the elevation of the top of curb. (Ord. 2694 § 2, 1982)
17.04.040 Alley.
“Alley” means a dedicated right-of-way of twenty-five feet or less in width for public use permanently laid out
or reserved by the governing body as a means of secondary access to abutting property. (Ord. 2694 § 1, 1982; prior
code § 17.08.040)
17.04.045 Antenna.
“Antenna” means any exterior transmitting or receiving device mounted on the ground, tower, building, or
structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog
signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other
communication signals. (Ord. 4231 § 2, 2005)
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 11 of 449
The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
17.04.050 Apartment hotel.
“Apartment hotel” means a building or portion thereof designed for or containing both individual guestrooms
or suites of rooms and dwelling units, used or intended or designed to be used, let, or hired out for
compensation in money, services or other things of value. (Prior code § 17.08.050)
17.04.060 Apartment house.
“Apartment house” means a dwelling, multiple-family. (Ord. 2694 § 1, 1982; prior code § 17.08.060)
17.04.065 Approving authority.
“Approving authority” means the person, board, commission, council or other body in whom decision making
responsibility is vested under the provisions of this code. Whenever action is directed to be taken by a specific
person, authority is also granted for that specific person to delegate that action to another. (Ord. 3835 § 1, 1998)
17.04.070 Architectural feature or projection.
“Architectural feature or projection” means a marquee, porch, awning, canopy or other similar architectural
feature or projection of a building or structure or any projection not intended for occupancy which stands
beyond the face of an exterior wall but does not include signs. (Ord. 3586 § 1, 1994)
17.04.075 Awning or canopy.
“Awning or canopy” means any structure made of flexible fabric or similar material covering a frame attached
or adjacent to a building and projecting over public or private property. (Ord. 3586 § 1, 1994)
17.04.077 Brewery or distillery, large.
“Brewery or distillery, large” means the manufacturing of more than fifteen thousand barrels per year of beer,
ale, malt beverages, or more than one hundred thousand gallons of distilled spirits; not including wine.
Operations shall continuously comply with the following operational standards:
1. Maintain an approved Wastewater Discharge Plan from the Bakersfield public works department.
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 12 of 449
The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
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. (Ord. 4926 § 1, 2018)
17.04.078 Brewery or distillery, small.
“Brewery, small” means the manufacturing of fifteen thousand barrels, or less, per year of beer, ale, or malt
beverages.
“Distillery, small” means the manufacturing of one hundred thousand gallons, or less, of distilled spirits; not
including wine.
Operations of brewery or distillery, small, 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. (Ord. 5105 § 1, 2022; Ord. 4978 § 1, 2019; Ord. 4926
§ 1, 2018)
17.04.080 Building.
“Building” means any structure having a roof supported by columns or walls. (Prior code § 17.08.080)
17.04.085 Building façade.
“Building façade” means that portion of an exterior elevation of a building extending from grade to the top of
the parapet wall or eaves and the entire width of the building elevation. (Ord. 3586 § 1, 1994)
17.04.090 Building height.
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 13 of 449
The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
“Building height” is the vertical distance above grade, as defined in Section 17.04.310, to the highest point of
the coping of a flat roof, to the deckline of a mansard roof or to average height of the highest gable of a pitched
or hipped roof, whichever is applicable. The height of a stepped or terraced building is the maximum height of
any segment of the building. (Ord. 2694 § 1, 1982; prior code § 17.08.090)
17.04.100 Building site.
“Building site” means the ground area of a building or group of buildings together with all open spaces as
required by this chapter. (Prior code § 17.08.100)
17.04.120 Business or commerce.
“Business or commerce” is the purchase, sale, lease or financing or other transaction involving the handling,
final sale, disposition or manufacture of any article or substance, or the rendering of any service. (Ord. 2694 § 1,
1982; prior code § 17.08.120)
17.04.128 Camouflage.
“Camouflage” means man made trees, clock towers, bell steeples, light poles and other similar alternative
design of mounting structures that completely screen or conceal the presence of antennas or towers in an
effective manner. (Ord. 4231 § 3, 2005)
17.04.129 Cannabis.
“Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis,
whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or
resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis.
“Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made
from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the
mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which
is incapable of germination. The terms “marijuana” and “cannabis” are interchangeable throughout this code.
(Ord. 4918 § 1, 2017)
17.04.130 Carport.
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 14 of 449
The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
“Carport” means a permanent roofed structure with not more than two enclosed sides used or intended to be
used for automobile shelter and storage. (Prior code § 17.08.130)
17.04.132 Central district.
“Central district” means the “central traffic district” as described in Section 10.08.020(A) of the Bakersfield
Municipal Code. (Ord. 4521 § 2, 2008)
17.04.140 Church.
“Church” means a building, its accessory buildings and uses, where persons regularly assemble for worship,
which is maintained and controlled by a religious body organized to sustain public worship. (Ord. 2694 § 1, 1982;
prior code § 17.08.140)
17.04.150 Club, private.
“Club, private” is any organization, group or association supported by the members thereof, the primary
purpose of which is to render a service or services to its members, their guests or the community, but shall not
include any organization, group, or association, the chief activity of which is business or commerce as defined
by Section 17.04.120 of this title. (Ord. 2694 § 1, 1982; prior code § 17.08.150)
17.04.154 Commercial cannabis activity.
“Commercial cannabis activity” is the cultivation, manufacture, distribution, processing, storing, laboratory
testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products as provided for
in the Medicinal and Adult-Use Cannabis Regulation and Safety Act as set forth in state law. (Ord. 4918 § 1,
2017)
17.04.415.5 Community care facility.
“Community Care facility” means any facility in compliance with California Welfare and Institutions Code
Sections 5115 – 5120, any facility, place, or structure which is maintained and operated to provide nonmedical
residential care, day treatment, adult day care, or foster family agency services for children, adults, or children
and adults, including, but not limited to the physically handicapped, mentally impaired, incompetent persons,
and abused or neglected children. This use is further categorized by size: Small (six or fewer residents) and
Large (seven or more residents). Community care facilities include the following:
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 15 of 449
The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
“Adult Day Care Facility” means a facility that provides nonmedical care to persons 18 years of age or older in
need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for
the protection of the individual on less than a 24-hour basis.
“Child Therapeutic Day Services Facility” means a facility that provides nonmedical care, counseling,
educational or vocational support, or social rehabilitation services on less than a 24-hour basis to persons under
18 years of age who would otherwise be placed in foster care or who are returning to families from foster care.
“Community Treatment Facility” means a facility that provides mental health treatment services to children in
a group setting. Program components shall be subject to program standards developed by the State Department
of Mental Health.
“Foster Home” means a residential facility that provides 24-hour care for six or fewer foster children which is
owned, leased, or rented and is the residence of the foster parent(s), including their family, in whose care the
foster children have been placed.
“Residential Care Facility” means a group care facility for 24-hour nonmedical care of six or fewer persons in
need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for
the protection of the individual.
“Social Rehabilitation Facility” means a residential facility which provides social rehabilitation services for no
longer than 18 months in a group setting to adults recovering from mental illness who temporarily need
assistance, guidance, or counseling.
17.04.155 Conditional uses.
“Conditional use” is a use which requires special review and control by the planning commission or the city
council to ensure compatibility with other existing or permitted uses in the vicinity. (Ord. 5020 § 17, 2020; Ord.
3746 § 1, 1997; Ord. 2694 § 2, 1982)
17.04.160 Day care home, small family.
See Health and Safety Code Section 1596.78. (Ord. 5039 § 1, 2020; Ord. 3964 § 2, 2000; Ord. 3226 § 1, 1989; Ord. 2694
§ 1, 1982; prior code § 17.08.152)
17.04.165 Day care center.
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
“Day care center” means a child day care facility other than a family day care home, and includes infant
centers, preschools and extended day care facilities. (Ord. 5039 § 2, 2020; Ord. 3377 § 1, 1991)
17.04.168 Driveway.
“Driveway” means a way or place in private ownership which leads to a loading zone or legal parking space,
and is used for vehicular travel by the owner and those having express or implied permission from the owner
but not by other members of the public. (Ord. 4521 § 3, 2008)
17.04.170 Dwelling, accessory unit (ADU).
“Dwelling” means any building or any portion thereof, which is not an “apartment house” or “hotel” as defined
in this chapter, which contains one or more “apartment” or “guestrooms,” used, intended, or designed to be
built, used, rented, leased, let or hired out to be occupied, or which is occupied for living purposes. (Prior code
§ 17.08.160)
“Accessory Dwelling Unit” means an attached or detached dwelling unit that provides complete independent
living facilities on the same parcel as a legal single-unit or multi-unit dwelling, including permanent provisions
for living, sleeping, eating, cooking and sanitation. Accessory dwelling unit types include:
“Attached” means an accessory dwelling unit that is created in whole or in part from newly constructed space
that is attached to an existing or proposed primary dwelling, such as through a shared wall, floor, or roofline.
“Detached” means an accessory dwelling unit that is created in whole or in part from newly constructed space
that is detached or separated from the proposed or existing primary dwelling, including an existing stand-alone
garage converted into an accessory dwelling unit. The detached accessory dwelling unit shall be located on the
same parcel as the existing or proposed primary dwelling.
“Converted” means an entirely located within the existing or proposed primary dwelling or accessory structure,
including but not limited to attached garages, storage areas, or similar uses; or an accessory structure including
but not limited to studio, pool house, or other similar structure.
17.04.180 Dwelling, accessory unit, junior (JADU) group.
“Dwelling group” means a combination or arrangement of dwellings on one building site. (Prior code § 17.08.190)
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“Junior Accessory Dwelling Unit (JADU)” means an accessory dwelling unit that is located within the living
space of an existing or proposed primary single-unit dwelling, as defined in Section 17958.1 of the California
Health and Safety Code, and which meets the following requirements:
1. Shall only be allowed on parcels zoned for single-unit residences and that include an existing or
proposed single-unit dwelling.
2. Is entirely located within a existing or proposed primary single-unit dwelling.
3. Has independent exterior access from the primary dwelling.
4. Has sanitation facilities that are either shared with or separate from those of the primary dwelling.
5. Includes an efficiency kitchen, which includes a cooking facility with appliances, food preparation
counter, and storage cabinets that are of reasonable size in relation to the size of the junior accessory
dwelling unit.
17.04.190 Dwelling, multi-unitple-family.
“Multi-unitple-family dwelling” is a buildingstructure, or portion thereof, designed for or occupied by two or
more families, each of which occupies a separate dwelling unit in which each family lives independently of
one another. (Ord. 2694 § 1, 1982; prior code § 17.08.200)
17.04.195 Dwelling, single-room occupancy unit.
“Single-Room Occupancy Unit” means any residential structure containing more than five units intended or
designed to be used, rented, or hired out to be occupied for sleeping purposes, generally for one person per
unit. Individual units typically share communal features, (e.g., kitchen, bathroom, entertainment area).
17.04.200 Dwelling, single-unitone-family.
“Single-unit One-family dwelling” means a detached building containing only one kitchen, which building is
designed and used exclusively for occupancy by one family. (Prior code § 17.08.170)
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17.04.210 Dwelling, two-family.
“Two-family dwelling” means a detached building containing two dwelling units, and designed for occupancy
by two families, living independently of each other. (Prior code § 17.08.180)
17.04.220 Dwelling unit.
“Dwelling unit” means a building or portion thereof containing but one kitchen, designed and/or used to house
not more than one family, including all necessary employees of such family. (Prior code § 17.08.210)
17.04.230 Educational institution, college or university.
“Educational institution, college or university” means an institution of higher learning offering academic
instruction equivalent to the standards prescribed by the State Board of Education. (Prior code § 17.08.220)
17.04.235 Emergency Shelter.
“Emergency Shelter” means housing with minimal supportive services for homeless persons that is limited to
an occupancy of six months or less as defined in California Government Code Section 65582(d) and Health
and Safety Code Section 50801(e).
17.04.240 Family.
“Family” means an individual or group of individuals, related or unrelated, living together as a single
housekeeping unit, including necessary servants. A family does not include institutional group living situations
such as a residential facility, rest home, dormitory, or similar use, nor does it include such commercial group
living arrangements such as a roominghouse, motel, hotel, or similar use. (Ord. 3964 § 3, 2000; prior code
§ 17.08.230)
17.04.242 Farmers market.
“Farmers market” means a group of vendors or farmers that form a collective organization and are certified by
the Kern County Agricultural Commissioner to sell fresh fruits, vegetables and other farm produce to the
general public. This use typically occurs in the parking lot of the main business for limited durations and is
considered a secondary use. (Ord. 3695 § 1, 1995)
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17.04.245 Food vending vehicle.
“Food vending vehicle” includes any vehicle as defined in the California Vehicle Code, from which any type
of food or beverage is sold or offered for sale directly to any consumer; provided, however, that “food vending
vehicle” does not include a vehicle that only delivers food or beverage products ordered by home delivery
customers. (Ord. 4872 § 1, 2016)
17.04.250 Flood, intermediate regional.
“Intermediate regional flood” means the flood having an average frequency of occurrence of once in one
hundred years which is determined from an analysis of flood records and computed hydrographs of synthetic
floods. This flood is used in this title for determining the lateral boundaries of the floodplain area to be subject
to floodplain regulations. (Prior code § 17.08.232)
17.04.260 Floodplain.
“Floodplain” means the relatively flat area adjacent to the Kern River, in the city, which may be subject to
periodic inundation by flood. (Prior code § 17.08.234)
17.04.270 Floodplain primary.
“Floodplain primary” means the streambed and that portion of the adjacent floodplain through which the main
waterflow is channelized during flood conditions. (Prior code § 17.08.236)
17.04.280 Floodplain secondary.
“Floodplain secondary” means the fringe of the floodplain within the boundaries of the intermediate regional
flood which is subject to a less severe and less frequent inundation than found in the floodplain primary in
times of flooding, generally where inundation is caused by overflow and backwater which is relatively free of
any current. (Prior code § 17.08.238)
17.04.281 Floor area, conditioned or net.
“Conditioned or net floor area” means the total of all gross floor areas of a building, excluding stairwells and
elevator shafts, equipment rooms, interior parking or loading areas, other non-heated space, and all floors
below the first or ground level not used for human occupancy. (Ord. 4521 § 4, 2008)
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17.04.281.5 Floor area, gross.
“Gross floor area” means the sum of the gross horizontal area of all floors of a building from the exterior face
of exterior walls or from the centerline of a wall separating two buildings, but excludes any space where the
floor-to-ceiling height is less than six feet. (Ord. 4521 § 5, 2008)
17.04.282 Floor area ratio.
“Floor area ratio (FAR)” is the gross floor area of all buildings on a parcel or site divided by the net parcel or
site area.
FAR = total gross building floor area (sq. ft.) total net parcel/site area (sq. ft.) (Ord. 3631 § 1, 1995)
17.04.285 Food and/or shelter service agency.
“Food and/or shelter service agency ” means any entity, whether or not for profit, not operated by the city,
county, state, or federal government, and not deemed a “residential use of property” under state law applicable
to charter cities, which regularly provides lodging and/or food services providing shelter, food and/or day care
free, or intentionally below cost, two or more days per week to persons in need of such assistance. For
purposes of this title, the term “food and/or shelter service agency” does not include any incorporated entity
providing food or shelter during any duly proclaimed emergency. For purposes of this title, the term “food
and/or shelter service agency” includes “emergency shelter” as defined in California Government Code
Section 65582(d) and Health and Safety Code Section 50801(e). (Ord. 5048 § 1, 2021; Ord. 3720 § 1, 1996; Ord. 3174
§ 1, 1988)
17.04.287 Freeway.
“Freeway” means a highway in respect to which the owners of abutting lands have no right or easement of
access and which is declared to be a freeway as provided by the Streets and Highways Code of the state. (Ord.
3586 § 1, 1994)
17.04.288 Front foot of building occupancy.
“Front foot of building occupancy” means a single lineal dimension measured horizontally along the front of
the building which defines the limits of a particular occupancy at that location. (Ord. 3586 § 1, 1994)
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17.04.290 Garage, private.
“Private garage” is an accessory building or portion of a building designed for and used to store or cover motor
vehicles used by occupants of the attached or adjoining dwelling unit. (Ord. 2694 § 1, 1982; prior code § 17.08.240)
17.04.300 Garage, public or commercial.
“Public or commercial garage” is a building other than a private garage used for the care, repair of
automobiles, including the storage of such vehicles prior to sale or hire, storage or storage for remuneration.
(Ord. 2694 § 1, 1982; prior code § 17.08.250)
17.04.305 Garage or yard sale.
“Garage or yard sale ” is a sale of personal goods which is undertaken by the occupant of a residence where
the garage sale occurs, which is no longer than two consecutive days in duration, nor which occurs more
frequently than twice a year. (Ord. 4710 § 1, 2012; Ord. 2694 § 2, 1982)
17.04.310 Grade.
“Grade” (adjacent ground elevation) is the lowest point of elevation of the finished surface of the ground,
paving or sidewalk adjacent to the foundation of the building. If a building is within five feet of a sidewalk,
said grade level shall be the finished elevation of the sidewalk surface. (Ord. 2694 § 1, 1982; prior code § 17.08.260)
17.04.320 GuesthouseGross acreage.
Gross acreage” means the entirety of the legal lot. “Guesthouse” means an accessory, detached dwelling
without kitchen facilities designed and used to house nonpaying visitors or guests of the occupant of the main
dwelling. Guesthouse may have sinks or wet bars and small refrigerator facilities, but may not have cooking
facilities, full size refrigerators or other kitchen facilities. (Ord. 3836 § 1, 1998; prior code § 17.08.270)
17.04.322 Height.
“Height” means the vertical distance measured from the finished grade of the parcel to the highest point of a
building, tower, or other structure, including the base pad. (Ord. 4231 § 4, 2005)
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17.04.330 Home occupation.
“Home occupation” means any use or occupation for the purpose of generating income by the occupant of a
dwelling. It is conducted such that it is clearly incidental and secondary to the use of the property for
residential purposes and does not change the residential character of the home or neighborhood. (Ord. 3768 § 5,
1997; Ord. 2862 §§ 1—3, 1983; Ord. 2773 § 1, 1982; prior code § 17.08.280)
17.04.340 Hospital, sanitarium.
“Sanitarium hospital” means any institution, place, building or agency which maintains and operates organized
facilities for diagnosis, care and treatment of human illness, including convalescence and including care during
and after pregnancy or which maintains and operates organized facilities for any such purpose and to which
persons may be admitted for overnight stay or longer. Hospital includes nursing home, maternity home and
lying-in asylum. (Prior code § 17.08.290)
17.04.350 Hotel.
“Hotel” means any building containing six or more rooms intended or designed to be used, or which are used,
rented or hired out to be occupied, or which are occupied for sleeping purposes by guests, and where only a
general kitchen and dining room are provided within the building or an accessory building. (Prior code
§ 17.08.300)
17.04.352 Housing, employee, agriculture.
“Employee Housing, Agriculture” means housing provided for farmworkers. Housing consists of any living
quarters or dwelling, boarding house, barracks, bunkhouse, mobile home, manufactured home, travel trailer, or
other accommodations maintained in one or more structures. Employee housing, agriculture, shall be in
compliance with the California Health and Safety Code 17021.5, 17021.6 and 17021.8.
17.04.353 Housing, employee.
“Employee Housing” means housing provided for six or fewer employees and shall be deemed a single-unit
dwelling. Residents of the employee housing must be employed by the owner of the home.
17.04.354 Housing, supportive.
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“Supportive housing” means housing with no limit on length of stay, that is occupied by the target population
and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the
housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work
in the community. Supportive housing units are residential uses subject only to those requirements and
restrictions that apply to other residential uses of the same type in the same zone. (Ord. 5048 § 2, 2021)
17.04.355 Housing, transitional.
“Transitional housing” means buildings configured as rental housing, but operating under program
requirements that require the termination of assistance and recirculation of the assisted unit to another eligible
program recipient at some predetermined future point in time, which shall be no less than six months from the
beginning of the assistance. Transitional housing units are residential uses subject only to those requirements
and restrictions that apply to other residential uses of the same type in the same zone. (Ord. 5048 § 4, 2021)
17.04.358 Hydrozone.
“Hydrozone” means a portion of a landscaped area having plants with similar water needs that are served by
one irrigation valve or set of valves with the same schedule. (Ord. 4624 § 1, 2010)
17.04.360 Junkyard.
“Junkyard” means the use of more than four hundred square feet of the area of any lot, whether inside or
outside a building, or the use of any portion of that half of any lot that joins any public street, for the storage,
keeping or abandonment of worn or discarded articles; salvageable waste such as paper, glass, wood, or metal;
and dismantled or wrecked vehicles, whether self-propelled or not, and their parts. (Ord. 2694 § 1, 1982; prior code
§ 17.08.310)
17.04.365 Kennel, dog.
“Dog kennel” means any premises, building, or structure in or on which more than three dogs, at least twelve
weeks of age, are harbored. (Ord. 3882 § 1, 1999; Ord. 2694 § 2, 1982)
17.04.367 Retail development.
“Retail development” includes any single or combination of retail establishments and shopping centers,
including movie theaters and indoor recreational uses, in a single building or in separate but abutting buildings,
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
being on one or more parcels that is planned, developed, owned, or managed as a single unit. (Ord. 5006 § 1,
2020; Ord. 4427 § 1, 2007)
17.04.370 Lot.
“Lot” means a parcel of land occupied or to be occupied by a use, building or unit group of buildings and
accessory buildings, together with such yards, open spaces, lot width and lot area as are required by this title,
and having frontage upon a street (other than an alley) or a private easement determined by the advisory
agency to be adequate for purposes of access. (Ord. 3748 § 15, 1997; prior code § 17.08.320)
17.04.380 Lot area.
“Lot area” means the total horizontal area within the lot lines of a lot. (Prior code § 17.08.330)
17.04.390 Lot, corner.
“Corner lot” is a lot situated at the junction of two or more streets whose centerlines have an angle or
intersection of not more than one hundred thirty-five degrees, with a boundary line thereof bordering on each
of the streets. (Ord. 2694 § 1, 1982; prior code § 17.08.340)
17.04.395 Lot, flag.
A “flag lot” means a lot with two discernible portions, one is the flag portion (building site) not fronting on or
abutting a street and located behind another lot; and the second is the pole portion which provides private
access to and from the flag portion of the lot and the abutting street. (Ord. 4600 § 2, 2009)
17.04.400 Lot, interior.
“Interior lot” means a lot other than a corner lot. (Prior code § 17.08.350)
17.04.410 Lot, key.
“Key lot” is the first interior lot to the rear of a reversed corner lot whether it is separated by an alley or not.
(Ord. 3824 § 2, 1998; Ord. 2694 § 1, 1982; prior code § 17.08.360)
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17.04.420 Lot line, front.
“Front lot line” means the right-of-way line dividing a lot from a public or private street. On a corner lot only
one street line shall be considered as a front line and the shorter street frontage shall be considered the front
line, except in those cases where the latest deed restrictions specify another line as the front lot line. (Ord. 3837
§ 1, 1998; prior code § 17.08.390)
17.04.430 Lot line, rear.
“Rear lot line” means the line opposite the front lot line. (Prior code § 17.08.400)
17.04.440 Lot line, side.
“Side lot line” means any lot lines other than front lot lines or rear lot lines. (Prior code § 17.08.410)
17.04.450 Lot, reversed corner.
“Reversed corner lot” means a corner lot the side street line of which is substantially a continuation of the front
lot line of the first lot to its rear. (Prior code § 17.08.370)
17.04.460 Lot, through.
“Through lot” means a lot having frontage on two parallel or approximately parallel streets. (Prior code
§ 17.08.380)
17.04.460 Low Barrier Navigation Center.
“Low Barrier Navigation Center” means a shelter focused on temporarily housing persons and connecting
them with income opportunities, public benefits, and health services prior to moving to permanent housing, in
compliance with Government Code Section 65660. Low barrier navigation centers must meet the diverse
needs of the population by allowing and accommodating people with disabilities, pets and pet owners,
partners, the storage of possessions, and for survivors of domestic violence. means a lot having frontage on
two parallel or approximately parallel streets.
17.04.461 Marquee.
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
“Marquee” means a permanent roofed structure attached to and supported by a building and projecting over
public or private property. (Ord. 3586 § 1, 1994)
17.04.462 Masonry.
“Masonry” is that form of construction composed of stone, brick, concrete, filled concrete block or other
similar building units or materials, or combination of these materials, laid up unit by unit or set in mortar. (Ord.
2694 § 2, 1982)
17.04.463 Medical marijuana dispensary.
“Medical marijuana dispensary” means a facility or location where marijuana is made available for medical
purposes in accordance with California Health and Safety Code Section 11362.5 et seq. (Ord. 4731 § 1, 2013)
17.04.464 Metal storage container.
“Metal storage container” means any structure of one hundred twenty square feet or more designed to carry
cargo to be shipped by truck or rail and designed to I.S.O. Standard 668-1979(E) or equivalent, or any roll-off
storage bin with a fixed cover. (Ord. 3869 § 1, 1998)
17.04.465 Mined land.
“Mined land” means the surface, subsurface and groundwater of an area in which surface mining operations
will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land
excavations, workings, mining waste and areas in which structures, facilities, equipment, machines, tools or
other materials or property which results from, or are used in, surface mining operations are located. (Ord. 3943
§ 1, 1999)
17.04.466 Mixed-Use.
“Mixed-Use” means a development consisting of one or more parcels developed as a cohesive development
project and designed with a blend of uses (e.g., commercial retail, retail service, office, residential, civic, and
institutional). The uses may be located vertically in the same structure (see “Mixed-Use, Vertical” or
horizontally (see “Mixed-Use, Horizontal) in separate structures in compliance with the standards established
by this Title.
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17.04.467 Mixed-use, horizontal.
“Mixed-Use, Horizontal” means any mixed-use development that incorporates two or more different use
categories alongside one another, either in one mixed-use structure, or as two or more separate structures on
one parcel.
17.04.468 Mixed-use, vertical.
“Mixed-Use, Vertical” means any mixed-use development that incorporates two or more different use
categories stacked in one multi-story mixed-use structure.
17.04.466 Mobile home.
“Mobile home” means a structure transportable in one or more sections, designed and equipped to contain not
more than two dwelling units, to be used with or without a foundation system. Mobile home does not include a
recreational vehicle, commercial coach or factory-built housing, as defined in Section 19971 of the California
Health and Safety Code. (Ord. 2694 § 2, 1982)
17.04.467 Mobile home park.
“Mobile home park” is any area or tract of land where two or more mobile home lots are rented or leased or
held out for rent or lease to accommodate mobile homes used for human habitation. The rental paid for any
such mobile home shall be deemed to include rental for the lot it occupies. (Ord. 2694 § 2, 1982)
17.04.468 Motel.
“Motel” means a group of buildings designed for use by tourists or transients with living or sleeping rooms,
garages, parking spaces and related facilities advertised or offered on a commercial basis, including an auto
court, motor court and motor lodge. (Ord. 2694 § 2, 1982)
17.04.470 Nonconforming, illegal.
“Illegal nonconforming” means a structure, use, or lot that was unlawful when constructed or established, and
which does not conform to present regulations and standards. (Ord. 3741 § 5, 1997; prior code § 17.08.420)
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17.04.472 Nonconforming lot, legal.
“Legal nonconforming lot” means a lot, its area, frontage, or dimensions, that complied with subdivision and
zoning ordinances for the zone district that was in place when the lot was created, but which no longer
conforms to the present subdivision and zoning ordinances. (Ord. 3741 § 1, 1997)
17.04.474 Nonconforming structure, legal.
“Legal nonconforming structure” means a structure or building, its size, dimensions, setbacks, proximity to
other buildings, or other location, that complied with the zoning ordinance for the zone district that was in
place when the structure was constructed, but which no longer conforms to the present zoning ordinance. (Ord.
3741 § 2, 1997)
17.04.476 Nonconforming use, legal.
“Legal nonconforming use” means a use or activity that complied with the zoning ordinance for the zone
district that was in place when the use was established, but which no longer conforms to the present zoning
ordinance. (Ord. 3741 § 3, 1997)
17.04.485 Nonprofit organization.
“Nonprofit organization” means any organization that holds a valid nonprofit organization status document for
the state or the federal government. (Ord. 3586 § 1, 1994)
17.04.490 Nursery school.
“Nursery school” means the same as day nursery. (Prior code § 17.08.432)
17.04.491 Overburden.
“Overburden” means soil, rock or other materials that lie above a natural mineral deposit or in between mineral
deposits, before or after their removal by surface mining operations. (Ord. 3943 § 2, 1999)
17.04.492 Parcel of property.
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“Parcel of property” means any separate legal lot or parcel of land. (Ord. 3586 § 1, 1994)
17.04.493 Parking garage.
“Parking garage” means any structure for the parking of passenger vehicles for short-term or long-term
periods. (Ord. 4521 § 7, 2008)
17.04.493.5 Parking lot.
“Parking lot” means an off-street open area 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. (Ord. 4521
§ 6, 2008)
17.04.494 Permitted use.
“Permitted use” is a use listed as such and allowed by right which only requires compliance with the zoning
ordinance. (Ord. 3835 § 2, 1998; Ord. 2694 § 2, 1982)
17.04.494.25 Places of assembly, commercial.
“Places of Assembly, Commercial” means a facility for public or private assembly and meetings, including
civic and private auditoriums, banquet halls, community centers, conference and convention facilities; meeting
halls for clubs, and other membership organizations.
17.04.494.5 Public and Quasi-Public Uses.
“Public and Quasi-Public Uses” means a facility for public or semipublic use such as civic buildings,
community buildings and uses, and public utility uses including substations, governmental buildings,
museums, art galleries, fire houses, post offices, police stations, libraries, parks, essential services, and similar
uses, any of which may have additional requirements to use set forth herein.
17.04.495 Reclamation.
“Reclamation” means the combined process of land treatment that minimizes water degradation, air pollution,
damage to aquatic or wildlife habitat, flooding, erosion and incidental to underground mines, so that mined
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lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no
danger to public health or safety. The process may extend to affected lands surrounding mined, and may
require backfilling, grading, resoiling, revegetation, soil compaction, stabilization or other measures. (Ord. 3943
§ 3, 1999)
17.04.496 Recreational vehicle.
“Recreational vehicle” is a motorhome, travel trailer, track camper or camping trailer, with or without motive
power, designed for human habitation for recreational or emergency occupancy, with a living area less than
two hundred twenty square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen
units or fixtures, bath and toilet rooms. (Ord. 2694 § 2, 1982)
17.04.498 Religious institutionResidential facility.
“Religious Institution” means a building, its accessory buildings and uses, where persons regularly assemble
for worship, which is maintained and controlled by a religious body organized to sustain public worship.
Includes Sunday school but excludes schools and other educational institutions.“Residential facility” means
any group care or similar facility, licensed by the state of California, for twenty-four hour nonmedical care of
persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily
living or for the protection of the individual as provided in Section 1502 of the California Health and Safety
Code. (Ord. 3964 § 4, 2000)
17.04.500 Rest home or convalescent home.
“Rest home or convalescent home” means a building and premises in and on which two or more sick, injured
or infirm ambulatory persons are housed or intended to be housed for compensation and which is not equipped
or intended to be used as a hospital. (Prior code § 17.08.450)
17.04.502 Retail establishment.
“Retail establishment” is a business engaged in selling goods or merchandise, or providing services or
entertainment to the general public for personal or household use. (Ord. 4427 § 2, 2007)
17.04.508 Roofline.
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“Roofline” means the upper exterior line of a roof or top enclosure surface and includes eaves, fascia, parapets
or similar projections or extensions. (Ord. 4657 § 1, 2011; Ord. 3586 § 1, 1994)
17.04.510 Roominghouse.
“Roominghouse” means a building containing three or more guestrooms, used, designed, or intended to be
used, let or hired, to be occupied or which are occupied by three or more individuals with or without meals, for
compensation, as permanent guests pursuant to a previous arrangement for compensation for definite periods,
by the month or greater term, and in which rooms are not occupied by, nor meals served, to transients. (Prior
code § 17.08.460)
17.04.515 Sanctuary.
“Sanctuary” means a religious building or room in which general worship services are held as an element of a
religious institution. (Ord. 3377 § 1, 1991)
17.04.520 School, elementary.
“Elementary school” means all public and private schools in which instruction is given in kindergarten through
sixth grade, or in any one or more such grades, or their equivalents, as prescribed by the Education Code of the
state. (Ord. 2694 § 1, 1982; prior code § 17.08.470)
17.04.530 School, high.
“High school” means all public and private schools in which instruction is given in the ninth, tenth, eleventh
and twelfth grades or in any one or more such grades, or their equivalents as prescribed by the Education Code
of the state. (Ord. 2694 § 1, 1982; prior code § 17.08.480)
17.04.535 School, junior high.
“Junior high school” means all public and private schools in which instruction is given in seventh and eighth
grades, or in any one such grade, or their equivalents, as prescribed by the Education Code of the state. (Ord.
2694 § 2, 1982)
17.04.537 School, Sunday.
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“Sunday school” means a school held for purposes of religious education. (Ord. 3377 § 1, 1991)
17.04.539 Accessory dwelling unit.
“Accessory dwelling unit” means an additional attached or detached residential dwelling unit subordinate in
size and use to an existing dwelling unit on a lot zoned for residential use and containing a separate entrance
and independent living facilities. (Ord. 4996 § 1, 2019; Ord. 3613 § 3, 1994)
17.04.540 Service station.
“Service station” means a retail business establishment primarily supplying gasoline and oil and minor
accessories and services for automobiles, excluding steam cleaning of motor vehicles. (Prior code § 17.08.500)
17.04.545 Setback.
“Setback” means the distance measured from any point on a lot line and the main building or a covered or
enclosed patio within which no structure or buildings may be placed. (Ord. 4679 § 1, 2012; Ord. 2694 § 2, 1982)
17.04.546 Shopping/business center.
“Shopping/business center” means a group of two or more commercial businesses planned, constructed and
managed as a total entity, and may be linked together by an architectural, historical or geographic theme, or by
a commonality of goods and services. These businesses function as an integral unit on a single parcel or
separate parcels of property, and share off-street parking facilities, access and pedestrian ways. (Ord. 3586 § 1,
1994)
17.04.547 Sign.
“Sign” means and includes every message, announcement, device, declaration, demonstration, display,
illustration, insignia, advertising statuary, surface or space, including the supporting structure and component
parts, erected or maintained for attraction of, attention to, identification of or advertisement of a business,
profession, product or service. Exemptions to this definition are listed in Section 17.60.080. Specific sign
definitions are identified as follows:
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
“Abandoned sign” means a sign that includes copy that remains in place or is not maintained, for a period of
ninety days or more, which no longer advertises or identifies an on-going business, product or service available
on the premises where the sign is located.
“Advertising statuary” means a three-dimensional imitation, representation or similitude of a person, animal or
object which is sculptured, molded or cast in any solid or plastic substance, materials or fabric and is used for
advertising purposes.
“A-frame” means any sign with two or more faces or surfaces usable for advertising display, not attached to
the wall of a building or structure, whether portable or affixed to the ground and commonly known as A-frame,
T-frame and sandwich board.
“Animated sign” means any sign which uses movement or change of lighting to depict action, or to create a
special effect or scene.
“Awning, canopy or marquee sign” means a sign that is mounted on or painted on, or attached to an awning,
canopy, marquee, or other such overhang. Such signs shall be considered wall signs for the purpose of
calculating allowable sign area.
“Banner, flag, pennant, streamer or balloon” means any fabric, bunting, plastic, paper, or similar nonrigid
material used for advertising purposes attached to or pinned on or from any structure, staff, pole, line, framing
or vehicle, including captive balloons and other such inflatable signs, but not including official flags of the
United States, state of California and other states of the nation, counties, municipalities, foreign nations and
national/international nonprofit organizations.
“Bench sign” means a bench located outdoors with advertising matter thereon.
“Building identification sign” means a sign which serves to identify individual buildings on a site to assist in
providing direction to the public. Such sign does not contain commercial advertisement or business
identification.
“Business identification sign” means any sign which is used to identify or advertise the occupant of a
commercial or industrial business.
“Center identification sign” means any sign which is used to identify or advertise a shopping or business center
as defined in this title.
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
“Commercial sign” means a sign which advertises a product or service for profit or for a business purpose.
“Construction or home improvement sign” means a temporary sign stating the names of those individuals,
firms or corporations connected with the construction project and which is placed upon the premises where
construction, repair or renovation is in progress. Said sign may include the name of the city in which their
business is located and emergency telephone numbers.
“Copy” means any words, letters, numbers, figures, designs, or other symbolic representations incorporated
into a sign.
“Directional sign” means an on-premises, incidental sign designed to guide or direct pedestrian or vehicular
traffic.
“Directory” means any sign listing the names, and/or use, and/or location of the various businesses or activities
conducted within a building or group of buildings.
“Electric message display” means a sign displaying words, symbols, figures, images or video that is
automatically controlled by mechanical, electronic, or computerized means.
“Flashing sign” means any sign which contains or is illuminated by lights which flash, scintillate, blink, travel,
go on and off intermittently, change in intensity or color or is illuminated by light not providing constant
illumination, also including flashing beacons or flashing arrows and parts of attachments to signs which are
illuminated by such lights.
“Freestanding sign” means a sign which is supported by one or more columns, uprights, or braces in or upon
the ground and not attached to a building. Monument, pylon and pole signs are considered freestanding signs.
“Freeway-oriented sign” means any pylon sign identifying premises where food, lodging and places of
business engaged in supplying goods and services essential to the normal operation of motor vehicles and
which are directly dependent upon an adjacent freeway.
“Future facility sign” means a temporary sign which identifies the future use or tenant, consistent with what
use is permitted by the existing zoning of the site.
“Garage sale sign” means a temporary sign which announces the sale of personal used goods, furniture, or
clothing at a residence by the occupant for a limited period of time. Sign may also be referred to as a yard sale
or estate sale.
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“Indirectly illuminated sign” means a sign whose illumination is derived entirely from a light source which is
arranged so that no direct rays of light are projected from such light source into adjacent properties or public
streets.
“Logo” means a symbol, design, or graphic representation which may or may not include text, which identifies
a business, activity or company.
“Menuboard” means a sign similar to a readerboard which is a permanent structure upon which is displayed a
menu of items for sale and may or may not include prices, of which the copy is of a temporary or changeable
nature. Advertisement or copy shall not be displayed on materials constructed of cloth, fabric, paper,
cardboard, placards, or similar such materials.
“Monument sign” means a low profile freestanding sign supported from grade to the bottom of the sign face
with or having the appearance of a solid base. The width of the base shall be at least seventy-five percent of the
dimension of the width of the sign face, and the area of said base shall not exceed fifty percent of the allowable
area of the sign face.
“Moving sign” means any sign which has any visible moving part, visible revolving parts or visible
mechanical movement of any description or other apparent visible movement achieved by electrical, electronic
or kinetic means, including intermittent electrical pulsations, or by action of wind currents.
“Nameplate” means a small sign that contains the name and/or address of the occupant of a residence or
building, and is located near or on the door of the entrance.
“Neighborhood/subdivision identification sign” means a sign which identifies a single-family unit
development, condominium development, or apartment complex. This type of sign also includes signs
identifying public parks.
“Nonconforming sign” means a sign which was legally installed under laws or ordinances in effect prior to the
effective date of this title or subsequent revisions as they pertain to signage, but which is currently in conflict
with those provisions. This definition does not include signs illegally installed contrary to the laws or
ordinances in effect when it was established.
“Off-premises or off-site sign” means a sign that directs attention to a business, profession, product,
commodity, or service that is not the primary business, profession, product, commodity or service conducted,
sold, manufactured or offered on the site on which the sign is located.
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
“On-premises or on-site sign” means a sign that directs attention to a business, profession, product,
commodity, or service that is the primary business, profession, product, commodity or service conducted, sold,
manufactured or offered on the site on which the sign is located.
“Outdoor advertising sign (billboard)” means a sign that is rented or leased for limited durations as specified
by Section 17.60.070(E), has temporary or changeable copy, and is not to be used as permanent off-premises
identification sign for a business or activity, and directs attention to a business, profession, product,
commodity or service that is not the primary business, profession, product, commodity or service conducted,
sold, manufactured or offered on the site on which the sign is located.
“Outlining of a building” means the placing and maintaining of neon tubing, fluorescent lighting, or
incandescent lighting in a line marking the outer limits or edges of a building or window or roof of a building.
Such definition shall not apply to any customary Christmas lighting placed and maintained for a reasonable
time during the holiday season.
“Pole banner” means a sign on a rectangular piece of lightweight fabric or similar non-rigid material that is
attached on the longest side to a vertical pole, and is framed along the top and/or bottom by a solid structural
unit attached to the pole to ensure that it hangs flat.
“Portable sign” means a sign not permanently affixed to the ground or a building or structure on the premises it
is intended to occupy.
“Projecting sign” means an identification sign other than a wall sign, which projects more than twelve inches
from and is supported by, a wall of a building or structure.
“Promotional sign” means a temporary sign that promotes an individual business’s merchandise, services or
products on sale, but does not include the business’s name.
“Public service sign” means any sign or portion thereof intended to promote items of general interest to the
community such as public events or public messages, time, temperature, atmospheric conditions.
“Pylon sign” means a freestanding sign that is supported by pylons, pillars, poles, columns, or similar
structures, and that the area between grade and the bottom of the sign face is more than fifty percent open.
Such sign may also be referred to as a pole sign.
“Readerboard” means a sign which is a permanent structure upon which is displayed advertising material or
copy of a temporary or changeable nature. Advertisement or copy shall not be displayed on materials
constructed of cloth, fabric, paper, cardboard, placards, or similar such materials.
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“Real estate sign” means a temporary sign offering real property, personal property, or a business, or any
combination thereof, for sale, lease or exchange and includes signs pertinent to open houses and property
management. It does not include merchandise sold in the usual course of business.
“Residential subdivision/project directional kiosk” means an off-site sign structure with individual name
panels identifying subdivisions where new home sales are taking place. Each panel informs the viewer as to
the specific project and the route or change of direction of travel for potential buyers to visit the project.
“Roof sign” means an identification sign or portion thereof located on, or extending over the roof line of a
building and either supported by the roof of a building or by independent structural frame. A sign which is
attached flat against the wall of a penthouse or other similar roof structure which is a part of the enclosed floor
area of the building shall be considered a roof sign. Mansard type roof signs or any single-faced sign attached
to or mounted upon a roof which has a slope which exceeds forty-five degrees from the horizontal plane and
which does not project above the highest sight line of such roof, shall be deemed a wall sign for the purposes
of this chapter.
“Rotating sign” means any sign that moves or that portion of any sign which moves or rotates in any manner.
“Shingle sign” means a sign that is suspended from a marquee, canopy, awning, or similar overhang, and is
oriented to be viewed by pedestrians.
“Skyline building sign” means a wall sign comprised solely of individual letters or logo that provides long
distance visual identification of a building or its primary tenant. Such sign shall only be permitted for a
building that is three or more stories and shall be located on the top story or between the top story and top of
the building.
“Special event sign” means a temporary sign publicizing a unique happening, action, purpose or occasion.
These signs may be promotional; however, the event occurs infrequently or one time such as grand openings,
clearance sales, seasonal sales, carnivals, and fund raising events.
“Temporary sign” means a sign usually constructed of cloth or fabric, cardboard, wallboard, wood, aluminum,
or other light material intended to be displayed for a limited period of time.
“Vehicle sign” means an advertising display or sign that is exposed to public view, attached to, painted on, or
supported from a parked or mobile automobile, truck trailer or other mobile vehicle, for the purpose of
advertising a business, service or products, or directing people to a business activity, located on any private or
public property, but shall not refer to standard advertising or identification practices where such sign is painted
on or permanently attached to a commercial or business vehicle used in the conduct of such business.
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“Wall sign” means a sign attached to, embedded in, painted on or erected against the exterior wall of a building
or structure, with the exposed face of the sign in a plane approximately parallel to the plane of the wall, and
does not project more than twelve inches from the wall that is attached. Signs attached to or painted on an
awning, canopy, marquee, or other such overhang shall be considered wall signs for the purpose of calculating
allowable sign area.
“Window sign” means any sign painted, attached, glued or otherwise affixed to, and visibly displayed on the
inside or outside of a ground floor window and facing a public street, walkway, mall or parking lot available
for public use. If a window is painted or otherwise covered in that it resembles the building wall or no longer
functions to provide a view within or outside the building, then any signs within or on that space shall be
considered as and subject to the minimum area permitted for wall signs. (Ord. 4953 § 1, 2018; Ord. 4489 § 1, 2008;
Ord. 3755 § 1, 1997; Ord. 3586 § 1, 1994)
17.04.550 Stables, commercial.
“Commercial stables” means a stable for horses to be let, hired, or used on a commercial basis. (Prior code
§ 17.08.510)
17.04.560 Stables, private.
“Private stables” means a stable for horses to be used by the owners of the property or boarded for
noncommercial purposes. (Ord. 2694 § 1, 1982; prior code § 17.08.520)
17.04.570 Story.
“Story” is that portion of a building included between the upper surface of any floor and the upper surface of
the floor next above, except that the topmost story shall be that portion of a building included between the
upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a
basement, cellar or underfloor space is more than six feet above grade as defined in Section 17.04.310 of this
title, for more than fifty percent of the perimeter, or is more than twelve feet above grade as defined herein at
any point, such basement, cellar or underfloor space should be considered as a story. (Ord. 2694 § 1, 1982; prior
code § 17.08.530)
17.04.580 Story, half.
“Half story” means a story with at least two of its opposite sides situated in a sloping roof, the floor area of
which does not exceed two-thirds of the floor area immediately below it. (Prior code § 17.08.540)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
17.04.590 Streambed.
“Streambed” means that portion of the floodplain through which the natural flow of water is channelized
during normal flows. (Prior code § 17.08.545)
17.04.594 Street.
“Street” means a public thoroughfare which affords the principal means of access to abutting property. (Ord.
3586 § 1, 1994)
17.04.595 Street frontage.
“Street frontage” means the linear frontage of a parcel of property abutting a street. (Ord. 4601 § 1, 2009; Ord.
3586 § 1, 1994)
17.04.600 Structure.
“Structure” means anything constructed, or erected, which requires location on the ground or attached to
something having a location on the ground, but not including tents, vehicles, trailers or fences or walls used as
fences less than six feet in height. (Prior code § 17.08.560)
17.04.602 Supportive housing.
“Supportive housing” means housing with no limit on length of stay, that is occupied by the target population
and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the
housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work
in the community. Supportive housing units are residential uses subject only to those requirements and
restrictions that apply to other residential uses of the same type in the same zone. (Ord. 5048 § 2, 2021)
17.04.604 Surface mining operation.
“Surface mining operation” means all, or any part of, the process involved in the mining of minerals on mined
lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals
naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an
underground mine. Surface mining operations include, but are not limited to, in place distillation or retorting or
leaching, the production and disposal of mining waste, prospecting and exploratory activities, borrow pitting,
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streambed skimming, and segregation and stockpiling of mined materials (and recovery of same). (Ord. 3943 § 4,
1999)
17.04.606 Tandem parking space.
“Tandem parking space” means a parking space that is adjacent to the end of a legal off-street parking space,
opposite the drive aisle. The orientation of the tandem parking space is the same as and only accessible through
said legal off-street parking space. (Ord. 4521 § 8, 2008)
17.04.608 Target population.
“Target population” means persons with low incomes who have one or more disabilities, including mental
illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services
provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with
Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults,
emancipated minors, families with children, elderly persons, young adults aging out of the foster care system,
individuals exiting from institutional settings, veterans, and homeless people. (Ord. 5048 § 3, 2021)
17.04.610 Temporary promotional activity.
“Temporary promotional activity” means an activity such as an arts and/or crafts sale, petting zoo, carnival,
amusement ride or rides, or similar activity conducted on the premises of an existing business or shopping
center, with the permission of and to promote such business or shopping center, for a period of time not to
exceed five consecutive days or ten days in any calendar year. (Ord. 2988 § 1, 1985)
17.04.618 Tower.
“Tower” means any structure that is designed and constructed primarily for the purpose of supporting one or
more antennas for telephone, radio, television, and similar communications purposes. The term includes radio
and television transmission towers, microwave towers, common carrier towers, cellular telephone towers,
alternative tower structures, and the like. The term includes the structure and any support thereto. (Ord. 4231 § 5,
2005)
17.04.620 Trailer court or trailer park.
“Trailer court” or “trailer park” means any area or tract of land where space is rented or held out for rent to two
or more owners or users of trailer coaches or trailer houses. (Prior code § 17.08.590)
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17.04.624 Transit facility.
“Transit facility” means a public use facility designed to provide access to public transportation services that
may consist of single or multimodal functions, including but not limited to, bus, bus rapid transit, trolley, and
light rail, and also contains buildings or structures that provide seating and weather protection for the public
using said services (Ord. 4521 § 9, 2008)
17.04.626 Transitional housing.
“Transitional housing” means buildings configured as rental housing, but operating under program
requirements that require the termination of assistance and recirculation of the assisted unit to another eligible
program recipient at some predetermined future point in time, which shall be no less than six months from the
beginning of the assistance. Transitional housing units are residential uses subject only to those requirements
and restrictions that apply to other residential uses of the same type in the same zone. (Ord. 5048 § 4, 2021)
17.04.630 Travel trailer.
“Travel trailer” is a vehicle, other than a motor vehicle, which is designed or used for human habitation and
which may be moved upon a public highway without a special permit or chauffeurs license, or both, without
violating any provision of the State Vehicle Code. (Ord. 2694 § 1, 1982)
17.04.640 Use.
“Use” means the purpose for which land or a building is arranged, designed or intended, or for which either
land or a building is or may be occupied or maintained. (Prior code § 17.08.600)
17.04.650 Use, change of.
“Change of use” means a change from one to another of the following categories:
1A. Commercial/retail other than restaurant or convenience store;
2B. Restaurant or convenience store;
3C. Industrial;
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4D. Multi-unitfamily residential;
5E. Office, other than medical office;
6F. Religious institutionChurch;
7G. Hospital;
8H. Medical office.
9I. Changes from one use to another which is substantially dissimilar, as determined by the planning
director. (Ord. 3746 § 1, 1997; prior code § 17.08.610)
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 ten thousand 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. (Ord. 5052 § 1, 2021)
17.04.656 Winery, boutique.
“Winery, boutique” means the manufacturing of ten thousand 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.
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3. Obtain appropriate permit from the San Joaquin Valley Air Pollution Control District, if applicable;
and adhere to industry best practices for odor reduction. (Ord. 5052 § 1, 2021)
17.04.660 Yard.
“Yard” means land unoccupied or unobstructed, except for such encroachments as may be permitted by this
title, surrounding a building. (Prior code § 17.08.620)
17.04.670 Yard, front.
“Front yard” means a yard extending across the full width of the lot between the front lot line and the nearest
vertical support or wall of the main building or enclosed or covered porch attached thereto. The front yard of a
corner lot is the yard adjacent to the shorter street frontage, except in those cases where the latest deed
restrictions specify another line as the front lot line. (Prior code § 17.08.630)
17.04.680 Yard, rear.
“Rear yard” means an open unoccupied space on the same lot with the main building between the rear line of
the nearest vertical support or wall of the main building or enclosed or covered porch attached thereto and the
rear line of the lot and extending the full width of the lot. (Prior code § 17.08.640)
17.04.690 Yard, side.
“Side yard” means a yard on each side of the main building extending from the front yard to the rear yard, the
width of each yard being measured between the side line of the lot and the nearest vertical support or wall of
the main building or enclosed or covered porch attached thereto. (Prior code § 17.08.650)
17.04.700 Zone.
“Zone ” means reference to residential zones or districts, commercial or industrial zones or districts, or any
other such zones or districts as set forth in Chapter 17.06 of this code. The terms zone and district are used
interchangeably. (Ord. 3586 § 1, 1994)
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Chapter 17.06
ZONES ESTABLISHED—ZONING MAP BOUNDARIES
Sections:
17.06.010 Establishment of zones—Map adopted.
17.06.020 Zoning map.
17.06.030 Boundaries adopted—Rules of construction when boundaries uncertain.
17.06.040 Uses permitted in zones.
17.06.050 Designation of zones.
17.06.060 Zoning by specific plan.
17.06.010 Establishment of zones—Map adopted.
A. The location and boundaries of various zone districts are established and geographically delineated on an
electronic map or set of maps known as the “Official Zoning Map” of the city of Bakersfield.
B. The map, and all amendments, changes and extensions thereof, and all legends, symbols, notations,
references, and other matters shown thereon shall be a part of this title and shall constitute Section 17.06.020.
(Ord. 4602 § 1, 2009; amended during 1981 codification; prior code § 17.12.010)
17.06.020 Zoning map.
The official zoning map of the city and amendments thereto shall be located in and maintained by the planning
department. The official zoning map may be printed and available for viewing. The online electronic file is not
the official map. (Ord. 4602 § 2, 2009; amended during 1981 codification; prior code § 17.12.020)
17.06.030 Boundaries adopted—Rules of construction when boundaries
uncertain.
A. The boundaries of such zones as are shown upon the zoning map, or amendments thereto, are adopted and
the specific regulations as set forth in this title for each zone and the general regulations applicable in this title
are established and declared to be in effect upon all lands included within the boundaries of each and every
zone as shown upon said zoning map.
B. Where uncertainty exists as to the boundaries of any zone shown on the map, the following rules shall
apply:
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1. Where such boundaries are indicated as approximately following street and alley lines or lot lines, as
the case may be, such lines shall be construed to be such boundaries;
2. In unsubdivided property or where a zone boundary divides a lot, the location of such boundary,
unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the map;
3. Where these rules are inapplicable, the planning commission shall determine the location of
boundaries;
4. Where any public street or alley is officially vacated or abandoned, the regulations applicable to
abutting property shall apply equally to such vacated or abandoned street or alley;
5. Where any private right-of-way or easement of any railroad, railway, canal, transportation or public
utility company is vacated or abandoned, the regulations applicable to abutting property shall apply
equally to such vacated or abandoned property;
6. All property in the city not otherwise classified and all property hereafter annexed and not zoned upon
annexation, is classified as an R-1 zone. (Prior code § 17.12.030)
17.06.040 Uses permitted in zones.
No land shall be used, and no building or structure shall be erected, constructed, enlarged, altered, moved or
used in any zone, as shown upon the zoning map, except in accordance with the regulations established by this
title. (Prior code § 17.12.040)
17.06.050 Designation of zones.
The several classes of zones into which the city is divided are designated as follows:
A Agricultural zone;
A-20A Agricultural (twenty-acre minimum lot size)
zone;
A-WR Agriculture—WR (agricultural—water recharge
combining) zone;
AA Airport approach zone;
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AD Architectural design zone;
C-1 Neighborhood commercial zone;
C-2 Regional commercial zone;
C-B Central business zone;
C-C Commercial center zone;
C-O Professional and administrative office zone;
CH Church combining zone;
DI Drilling island district;
E Estate, one-family dwelling zone;
FP-P Floodplain primary zone;
FP-S Floodplain secondary zone;
HD Hillside development combining zone;
HOSP Hospital zone;
M-1 Light manufacturing zone;
M-2 General manufacturing zone;
M-3 Heavy industrial zone;
MH Mobile home zone;
MX-1 Mixed-Use Neighborhood
MX-2 Mixed-Use Transit
OS Open space zone;
P Automobile parking zone;
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PCD Planned commercial development zone;
PE Petroleum extraction combining zone;
PUD Planned unit development zone;
R-1 One-family Single-unit dwelling zone;
R-1-4.5
Small lot single one-dwelling zone (four
thousand five hundred square foot minimum lot
size);
R-2
Limited multiple-unitfamily dwelling zone
(minimum lot area, two thousand five hundred
square feet per unit);
R-3
Multiple-unitfamily dwelling zone (minimum lot
area, one thousand two hundred fifty square feet
per unit);
R-4
High density multiple-unitfamily dwelling zone
(minimum lot area, six hundred square feet per
unit);
R-5 Very high density multi-unit dwelling zone;
R-6 Urban Core zone;
R-S Residential suburban zone;
R-S-10A Residential suburban (ten-acre minimum lot
size) zone;
R-S-1A Residential suburban (one-acre minimum lot
size) zone;
RS-2.5A Residential suburban (two-and-one-half-acre
minimum lot size) zone;
R-S-5A Residential suburban (five-acre minimum lot
size) zone;
RE Recreation zone;
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RH Residential holding zone;
SC Senior citizen zone;
TT Travel trailer park zone.
(Ord. 4991 § 1, 2019; Ord. 4938 § 1, 2018; Ord. 4820 § 1, 2015; Ord. 4602 § 3, 2009; Ord. 3477 § 6, 1992; Ord. 2695 § 1, 1982;
prior code § 17.12.050)
17.06.060 Zoning by specific plan.
Notwithstanding any other provision of this title or provision of state law, a specific plan adopted pursuant to
Article 8 of Chapter 3, Division 1 of Title 7 of the Government Code (Section 65450 et seq.) and including
those matters specified in Section 64451 thereof, may if so designated upon adoption by the city council,
constitute zoning standards and regulations for and establish the zone districts, permitted uses and conditional
uses for, the area covered by the plan. (Ord. 3046 § 1, 1986)
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Chapter 17.08
GENERAL REGULATIONS INCLUDING SITE PLAN REVIEW
Sections:
17.08.010 Applicability.
17.08.020 Conflicting regulations.
17.08.030 Less restrictive uses prohibited.
17.08.040 Determination of use.
17.08.050 Prohibited uses.
17.08.060 Site plan approval required.
17.08.070 Exemptions from site plan review.
17.08.080 Site plan approval process.
17.08.090 Overlooks into residential rear yards.
17.08.100 Dwellings to face access other than alley.
17.08.110 Height of buildings—Roof structures, chimneys and towers.
17.08.120 Yard requirements when portion of other use is used as dwelling.
17.08.125 Street setback exceptions—Front and side yard.
17.08.130 Accessory buildings.
17.08.140 Design standards for retail developments.
17.08.150 Special dwelling setbacks.
17.08.160 Through lots—Designation of front lot line.
17.08.170 Yard encroachments.
17.08.175 Clear sight view.
17.08.180 Fence, walls and hedges—Regulations.
17.08.190 Conditional zoning.
17.08.200 Drilling for and production of petroleum.
17.08.210 Approval of development entitlement conditioned on indemnification of city.
17.08.010 Applicability.
The provisions of this chapter are general provisions that apply to development within the city in accordance
with the requirements herein. (Ord. 3835 § 3, 1998; prior code § 17.52.010)
17.08.020 Conflicting regulations.
Where any provision of this title imposes more stringent requirements, regulations, restrictions or limitations
than are imposed or required by the provisions of any other law or ordinance, then the provisions of this title
shall govern; provided, however, that where a subdivision has been approved by the planning commission and
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the city council under the provisions of Chapter 16.36 of this code, then the approved standards for streets and
highways, alleys, easements, blocks, lots, yards, pedestrian ways and access shall be considered as
requirements of the zoning ordinance. (Prior code § 17.52.020)
17.08.030 Less restrictive uses prohibited.
The express enumeration and authorization in this title of a particular class or building, structure, premises or
use in a designated zone shall be deemed a prohibition of such buildings, structure, premises or use in all zones
of more restrictive classification, except as otherwise specified. (Prior code § 17.52.030)
17.08.040 Determination of use.
A. Uses permitted other than those specifically mentioned in this title as: (1) uses permitted; (2) uses
permitted subject to a director review and approval; or (3) uses permitted subject to the approval of a
conditional use permit, in each of the zone districts may be permitted therein subject to the approval of a
determination of use.
B. “Determination of use” in this section refers to establishing whether a use that is not included in the
applicable zone district use schedule and is not reasonably similar to uses identified within the applicable use
schedule can be allowed nonetheless. In such cases, an applicant shall submit an application for determination
of use to the planning department for processing, which will be referred to the planning commission for review
and approval.
C. The applicant shall submit a completed application form, a completed operational statement, pay a fee as
determined by the council, and such information necessary to discern the exact nature and extent of the
requested use as may be required by the planning director.
D. The planning department shall schedule the request for determination of use to the next available regular
meeting of the planning commission for public hearing.
E. The decision on the determination of use shall provide the applicant with a written explanation, that
includes, at a minimum:
1. A definition of the proposed use, which may include edit of or insertion into previously existing
definitions; and
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2. A classification of the use within the use schedule of the zoning ordinance for all applicable zone
districts; and
3. The classification of the use which can be determined to be a prohibited use, a permitted use, a
permitted use subject to a director’s review and approval, and/or a permitted use subject to the approval of
a conditional use permit; and
4. In all cases where a use is permitted to be established, the planning commission must make the
findings that the determination of use is:
a. Consistent with the purpose and intent of the zone district(s) and underlying general plan land
use designation(s) as assigned, and
b. Not more detrimental to the public peace, health, safety or welfare of the community than the
permitted or conditionally permitted uses specifically mentioned for the respective zone(s), and
c. Similar to and compatible with other uses allowed or conditionally allowed in the designated
zone district(s).
F. The determination of use may require:
1. Additional entitlements be approved prior to the establishment of the use; and/or
2. Operational limits to the use; and/or
3. Development requirements to the use as a component of those entitlements.
G. The planning director shall cause a list of such determinations and entitlements to be maintained and shall
periodically initiate an amendment to the zoning ordinance to incorporate such changes into the zoning
ordinance.
H. Determination of use shall be processed in accordance with public hearing procedures established by
Section 17.64.050 and be subject to the findings required by subsection (E)(4) of this section.
I. The decision of the planning commission may be appealed to the city council consistent with Section
17.64.090. (Ord. 5008 § 1, 2020; prior code § 17.52.040)
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17.08.050 Prohibited uses.
A. The following uses are specifically prohibited within any zone district:
1. Medical marijuana dispensary.
2. Commercial cannabis activity.
B. Other uses may also be prohibited, provided such uses are, in the opinion of the planning commission,
more detrimental to the public peace, health, safety or welfare of the community than the uses specifically
mentioned for respective zone(s). (Ord. 5008 § 2, 2020; Ord. 4918 § 2, 2017; Ord. 4731 § 2, 2013; prior code § 17.52.050)
17.08.060 Site plan approval required.
No person shall undertake, conduct, use or construct, or cause to be undertaken, conducted, used or
constructed, any of the following without first obtaining 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; provided, however, site
plan approval may be consolidated with other discretionary approvals such as conditional use permits and
planned commercial developments. (Ord. 3835 § 6, 1998)
17.08.070 Exemptions from site plan review.
The following are specifically exempt from and do not require site plan approval:
A. Uses allowed as permitted uses in the R-1, E, R-S, R-S-1A, R-S-2.5A, R-S-5A, R-S-10A, 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 changes to the exterior of a building or a change of use or
intensity of use;
D. Subdivision of land;
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E. Change of use of an existing building from a permitted use of one class or type to a permitted use of a
different class or type not associated with the enlargement of space or modification of development standards,
zoning regulations or policies;
F. Parking lot restriping/redesign;
G. Outdoor advertising signs;
H. Wireless telecommunication facilities in accordance with Chapter 17.59 of this code;
I. Metal storage containers;
J. Utility buildings and structures (unoccupied);
K. Carports;
L. Paint booth additions;
M. Classroom additions to religious institutionschurches;
N. Farmers market;
O. Used car sales where lot is already improved;
P. New surface parking lot;
Q. Additions of accessory buildings on a developed commercial or industrial site;
R. Equipment/contractor storage yards where there are no buildings or employees;
S. Fallout shelter. (Ord. 4231 § 6, 2005; Ord. 3835 § 6, 1998)
17.08.080 Site plan approval process.
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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 a site plan showing the intended use of all
buildings to be constructed, elevations and floor plans, and a list of off-site improvements to be constructed in
accordance with city ordinances and standards. The application shall also include sufficient information to
determine whether the proposed project is consistent with the general plan and zoning ordinance as
implemented by adopted city regulations and all information necessary to determine if the project is subject to
review pursuant to the California Environmental Quality Act (CEQA), as determined by the planning director.
All applications shall consist 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. Check List. 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 and
shall depict the subject parcel. The site plan shall indicate the location of the site, project address, location
of all existing improvements, the type and location of all proposed improvements, 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, the number of required parking spaces, the number of provided
parking spaces, and the number of and location of handicapped spaces, type of paving, direction
arrows depicting traffic flow, parking dimensions, and total parking lot square footage,
c. Location and type of parking lot lighting, including pole locations, pole height, light source,
illumination level and fixture types,
d. Locations and width of drive approaches,
e. Method of stormwater 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.),
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g. On-site drainage and method of sewage disposal,
h. Location of trash refuse area,
i. Landscaped areas,
j. Summary of all proposed buildings, including:
i. Total gross floor area,
ii. Number of floors and square footage per floor,
iii. Existing use or uses of the building(s) and their respective square footage,
iv. Proposed use or uses of the building(s) and their respective square footage,
v. 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;
4. Landscape Plan. The applicant shall provide a landscape plan as set forth in Chapter 17.61 of this
code which demonstrates the project complies with the requirements of that chapter and/or landscaping
requirements set out in the zoning ordinance or specific plans for that area;
5. Environmental Information. The applicant shall provide such information as may be required by the
planning director in satisfaction of the requirements of the California Environmental Quality Act
(CEQA);
6. Additional Information. The applicant shall provide any other information as required by the planning
director that is necessary to ensure that the project can be adequately evaluated;
7. Fees. The applicant shall pay a fee not to exceed the cost of processing and reviewing the plan as set
forth in Chapter 3.70 of this code.
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B. Procedure.
1. Acceptance. Applications shall be submitted to the planning director. Within thirty days, the planning
director shall determine whether the application is complete and conforms to these requirements. No
application shall be deemed complete unless the project is consistent with the general plan and zoning
ordinance as implemented by adopted regulations of the city. If the application does not conform to the
requirements of this chapter or is inconsistent with the general plan or zoning regulations, the planning
director shall notify the applicant what additional requirements or applications may be necessary to
comply with this section. If the application is complete, he/she shall accept it for processing.
2. Referral and Review. After the application is deemed complete, the planning director shall transmit
one copy of the application to the site plan review committee which is established and shall consist of the
planning director, building director, fire chief and public works director, or their designated
representatives. The site plan review committee shall review and provide comments on such application
to the planning director.
3. Environmental Review. The planning director shall conduct CEQA review pursuant to CEQA
implementation guidelines and state law if the project is subject to CEQA.
4. Approval. After considering the recommendations from the site plan review committee and the
planning director, and after approving any necessary CEQA documents, the development services director
may approve, conditionally approve or deny the site plan. The development services director may impose
time limits within which specified improvements shall be installed. Failure to complete installation of
such improvements within the specified time limit shall void both the site plan approval and any building
permit issued. A site plan may only be denied if the proposed project does not comply with city codes,
standards or policies, or CEQA. The action of the development services director approving or denying site
plan, if not appealed as provided hereinafter, shall be final.
5. Building Permit Review. Upon submittal by the applicant for a building permit for a project for which
site plan approval has been given, the building director will transmit a copy of the construction plans to
the site plan review committee who will review the plans for compliance with the conditions,
requirements and mitigation measures imposed on the site plan. If the committee determines the applicant
has not complied with one or more of the applicable codes, standards, mitigation measures or other
conditions imposed by the development services director, the planning director shall notify the applicant
in writing that the plans will be suspended from further processing until such compliance is satisfied. No
certificate of occupancy shall be issued by the building director until all conditions, requirements and
mitigation measures imposed on the site plan have been accomplished.
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6. Commencement of Construction. No development or construction, including grading, for which site
plan approval is required, may begin until the process set forth in this chapter has been completed, the
time period for appeal has expired, and all other permits and licenses required for the project to
commence have been obtained.
C. Revisions to Applications.
1. Revisions Prior to Decision. The applicant may submit revisions to the site plan application at any
time before the site plan is approved or denied. The planning director may determine that the revisions
require study by the staff or comment by one or more city departments and/or other public agencies, or
further CEQA review, and may therefore reprocess the application as necessary, including recirculating
any environmental document for public comment.
2. Revisions After Denial of the Site Plan. The applicant may resubmit the proposal with revisions
together with any required processing fees. Such resubmittal shall be acted upon in the same manner as
the original application.
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 plan. Such revisions shall be acted upon in the
same manner as the original application; provided, however, minor revisions resulting from physical
obstacles, compliance with conditions or mitigation measures, or other comparable constraints may be
approved by the planning director. Revisions as provided in this subsection shall not extend the time the
site plan expires.
D. Expiration of Site Plan. Approved site plans shall expire unless building permits have been issued on the
project, or on projects not requiring a building permit construction has commenced on-site, within two years of
the date of approval and the entire project completed not more than five years from the date of approval of the
site plan. Time requirements 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/or 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 require an application for revisions
pursuant to this chapter. Upon expiration of the building permit, a new site plan approval must be obtained. 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 a permitted use in the subsequent zone.
E. Appeal Procedure.
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1. Any person not satisfied with the decision of the development services director may, within ten days
of the date of that 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, as soon as possible, hold a noticed public
hearing thereon. Only appeals of issues subject to review by the planning commission will be accepted for
filing.
2. Notice of the date, time and place of the hearing shall be mailed or delivered at least ten days prior to
the hearing to the owner of the subject real property, the owner’s duly authorized agent, the project
applicant, and the appellant. Notice shall also be mailed to every person filing with the planning director a
written request for notice, and those within the noticed area if the site plan was initially subject to a public
hearing.
3. Review by the planning commission of an appealed site plan is limited to a determination of whether
or not an adopted development standard, zoning regulation, or policy applied or not applied to the project
was done consistent with authority granted by city ordinance. No authority is granted to add, delete,
change or modify adopted standards, regulations or policies except as required to comply with conditions
necessary to mitigate unavoidable environmental impacts. After hearing the appeal, the planning
commission may deny, grant or partially grant the appeal by directing changes to the project or to the
CEQA document adopted or to the mitigation measures as necessitated by their findings regarding the
issues appealed. All findings, CEQA determinations and conditions made by the development services
director not appealed to the planning commission shall remain in full force and effect and shall not be
modified by the planning commission. The decision by the planning commission shall be final.
4. Any person not satisfied with the decision of the planning commission may, within ten days of the
date of that decision, appeal to the city council. All procedures for notice, review of the appeal, and the
holding of the public hearing within subsection E shall also apply to the city council.
5. Failure to file an appeal within the time period prescribed therefor shall be deemed a waiver of the
right of appeal. (Ord. 4939 § 9, 2018; Ord. 4714 § 1, 2012; Ord. 3835 § 6, 1998)
17.08.090 Overlooks into residential rear yards.
A. The intent of this section is to provide a reasonable degree of privacy to and screening of residential rear
yards adjacent to multistory office, commercial, industrial, apartment or condominium structures. Screening
shall only apply to the rear yard of the impacted residential property, being defined as a three-dimensional area
measured horizontally between the rear property line and the residential structure, and measured vertically
between the grade of the residential structure’s foundation and a plane five feet above such grade. This section
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does not intend to provide a total screening of the affected yard area, or the affected residence’s building walls
and windows.
B. Screening shall apply to overlooks from all windows, balconies, and decks from the second floor and
above, in office, commercial, industrial, apartment or condominium structures containing three or more units
that are within one hundred fifty feet of property zoned for R-1, R-S, R-S-1A, E, MH, PUD projects and
condominium projects of a single-unitfamily character with private rear yards. This section shall not apply to
overlooks from buildings to yards within the same planned unit development projects.
C. If a building subject to this section begins construction and the property within one hundred fifty feet of it
in the above cited residential zones is vacant, then it shall not be required to screen that vacant property from
its view.
D. Where a project has a severe overlook problem because of topography, height of structure or other unusual
conditions, the building and planning directors may require a landscape plan to provide a long term screening
solution (effective within five years) within three hundred feet of property zoned R-1, R-S, R-S-1A, E, MH,
PUD projects and condominium projects of a single- unit family character with private rear yards.
E. Where a project falls under the provisions of this section, a conceptual screening plan shall be submitted
with the site plan review application. Where possible, the screening plan shall incorporate the use of
landscaping.
F. The decision as to what is a reasonable degree of privacy and a reasonable plan to accomplish such privacy
shall be determined by the building and planning directors. In making such decision, the directors shall
consider the following factors:
1. Topography and zoning of neighboring properties;
2. Design alternatives;
3. Cost;
4. Timing of development;
5. Building code and fire safety regulations;
6. Other factors determined to be significant by the directors.
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G. Methods which may be used to accomplish screening include, but are not limited to:
1. No windows, balconies or decks facing the affected residential property;
2. Windows with sills a minimum of five feet above the floor;
3. Translucent glass;
4. Wing walls;
5. Louvers appropriately directed;
6. Landscaping;
7. Awnings when used as an interim screening in connection with a permanent landscaping plan;
8. Other design solutions which accomplish essentially the same results as determined by the directors;
9. Separation of the multistory building from the closest portion of the yard being protected by a
minimum distance of one hundred fifty feet measured horizontally. (Ord. 3835 § 6, 1998)
17.08.100 Dwellings to face access other than alley.
A. Except where otherwise provided for in this title, every dwelling shall face or have frontage upon a street
or permanent means of access to a street by way of a public or private easement of passageway other than an
alley.
B. Such easements shall be not less than ten feet in width. (Prior code § 17.52.100)
17.08.110 Height of buildings—Roof structures, chimneys and towers.
A. No penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar
equipment; towers, steeples, roof signs or other structures shall exceed the height limit provided in this title.
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B. Flagpoles, public utility poles and lines, chimneys and smokestacks may extend not more than thirty feet
above the height limit provided in this title; provided, that the same may be safely erected and maintained at
such height in view of the surrounding conditions and circumstances. Wireless telecommunication facilities,
including antennas, satellite dish antennas, and towers shall be subject to the provisions of Chapter 17.59 of
this code. (Ord. 4231 § 7, 2005; prior code § 17.52.110)
17.08.120 Yard requirements when portion of other use is used as dwelling.
Where a portion of a building used for dwelling purposes is located above another portion of a building having
another type of use in zones other than R-1, R-2, R-3 or R-4 zones, the rear and side yards for the floors
occupied for dwelling purposes shall comply with the provisions of the R-4 zone. (Prior code § 17.52.120)
17.08.125 Street setback exceptions—Front and side yard.
Where more than fifty percent of the lots along the same side of a street within the same block contains
existing buildings having setbacks from the street less than the required minimum specified by the zone district
in which the buildings are located, any new building may be set back a distance equal to the average setback of
the existing buildings. However, in no instances, shall any building be required to be located more than the
minimum setback specified by the zone district. (Ord. 4753 § 1, 2013; Ord. 3463 § 1, 1992; Ord. 2696 § 2, 1982)
17.08.130 Accessory buildings.
A. Accessory buildings or structures may be located within an interior side or rear yard area in any residential
zone district or project of a residential nature provided they do not exceed a height of seven feet and/or an area
of one hundred twenty square feet.
B. Accessory buildings or structures exceeding a height of seven feet and/or an area of one hundred twenty
square feet in any residential zone district or project of a residential nature, shall not be located nearer than five
feet to any interior side or rear property line.
C. Accessory buildings and structures in commercial and industrial zone districts shall be subject to all
development standards of that zone district.
D. No accessory buildings or structures shall be located within any required street side yard or front yard
area. Fountains, ponds and other decorative water features, and garden/art decorations are exempt from this
subsection provided that they do not exceed a height of six feet. Flag-poles are also exempt and are subject to
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the regulations in subsection B of Section 17.08.110. (Ord. 4680 § 1, 2012; Ord. 3964 § 5, 2000; Ord. 2696 § 3, 1982;
prior code § 17.52.130)
17.08.140 Design standards for retail developments.
A. Purpose. Bakersfield is concerned with the future design of its commercial areas, specifically with the
growth of retail developments. At the same time, it is important to encourage economic development. These
standards help mitigate unwanted design, while encouraging developers to incorporate good community
architecture that enhances the city’s character and quality of life. In addition to the requirements herein, all
landscaping projects shall adhere to that certain Model Water Efficient Landscaping Ordinance (MWELO) as
adopted in California Code of Regulations, Title 23, Chapter 2.7 of this code as adopted by the state.
B. Applicability.
1. These standards shall apply to all retail developments throughout the city within all commercial zone
districts, and all nonresidential zones where the development contains retail commercial components,
including but not limited to planned unit development zones, industrial zones, and recreation/open space
zones. These standards also apply to all specific plan areas unless the plan has standards that are more
restrictive. In Northeast Bakersfield, the building design standards in subsection C of this section shall
apply to all commercial and industrial projects, regardless of size, which are subject to site plan review.
2. These standards are in addition to any other development requirements as required by this title,
including but not limited to zone district regulations, signs, parking, landscaping, and accessory uses.
3. Expansion to Existing Retail Developments.
a. An addition to an existing retail development that was initially subject to these standards shall be
required to comply with the requirements of this section.
b. An addition to an existing retail development that was not previously subject to the requirements
of this section is required to comply with this section if the gross floor area of such establishment as
a single expansion or cumulatively is increased by fifty percent or more, or exceeds fifty thousand
square feet.
4. Reference may be made in this subsection to specific geographic areas, which are defined as follows:
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a. Northeast Bakersfield includes all lands east of Fairfax Road (and any northern extension
thereof) and north of the Union Pacific Railroad that parallels Edison Highway.
C. Building Design Standards.
1. Exterior building walls and facades over one hundred feet in length shall incorporate wall plane
projections or recesses with a depth of at least three percent of the length of the facade and extending
along at least twenty percent of the length of the facade. No facade shall have an uninterrupted length of
flat wall that exceeds one hundred horizontal feet. Facades that face public streets shall include arcades,
display windows, entry areas, or other such permanent features along no less than sixty percent of their
horizontal length.
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2. All building facades must include no less than three of the following elements. At least one of the
elements (subsection (C)(2)(a), (C)(2)(b) or (C)(2)(c) of this section), shall occur horizontally. All
elements shall occur at intervals of no more than thirty feet, either horizontally or vertically.
a. Color change;
b. Texture change;
c. Material change;
d. An expression of architectural or structural bays through a change in plane no less than twelve
inches in width, such as an offset, reveal or projecting rib, or other architecturally appropriate
feature.
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3. In multiple building developments, each individual building shall include prominent architectural
characteristics shared by all buildings in the center so that the development forms a cohesive sense of
place.
4. Rooflines shall be varied with a change in height every one hundred linear feet of the building length.
Parapets, mansard roofs, gable roofs, hip roofs, or dormers shall be used to conceal flat roofs and roof top
equipment from public view. Alternating lengths and designs of the roofline are acceptable. If parapets
are used, they shall not at any point exceed one-third of the height of the supporting wall. All parapets
shall feature three-dimensional cornice treatment.
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5. Exterior building materials shall be high quality materials, including, but not limited to, brick,
sandstone, and other native stone, manufactured stone (realistic), wood, glass, decorative metal elements,
and tinted/textured concrete masonry units, including stucco and synthetic stucco-type materials.
a. For projects in Northeast Bakersfield, building materials consisting of river rock, native stone,
cobblestone, ledge stone, rough-sawn timbers, and logs, either as a single element or combination
thereof, shall be used as the predominant theme throughout the project area.
6. Primary facade colors shall be low reflectance, subtle colors over primary, bold or dramatic colors.
The use of reflective metallic or fluorescent colors is discouraged. However, building trim and accent
areas may feature brighter colors, including primary colors. Paint applied over brick, stone and concrete is
prohibited.
a. For projects in Northeast Bakersfield, the predominant color palette shall consist of earth- and
natural-toned colors that blend with the surrounding area. A variety of these colors is encouraged to
allow individuality but maintain a cohesive sense of place for the entire center.
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7. Finished exterior building materials shall not include smooth-faced concrete block, tilt-up concrete
panels or prefabricated steel panels as a major component (more than fifty percent) of each façade or
exterior wall.
8. Entryways.
a. For projects exceeding fifty thousand square feet of gross floor area, and/or five acres of net
buildable area, at least two sides of the retail development shall feature customer entrances. The two
required sides shall be those planned to have the highest level of public pedestrian activity. One of
the sides shall be that which most directly faces a primary public or private street with pedestrian
access. The other may face a second street with pedestrian access or the main parking lot area if there
is no second street. All entrances shall be architecturally prominent and clearly visible from the
abutting public street.
b. Public entrances must include architectural elements that emphasize the entry. Each retail
development on a site shall have clearly defined, highly visible customer entrances featuring no less
than three of the following:
i. Canopies or porticos;
ii. Overhangs;
iii. Recesses/projections;
iv. Arcades;
v. Raised corniced parapets over the door;
vi. Peaked roof forms or towers;
vii. Arches;
viii. Plazas or outdoor patios;
ix. Display windows;
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x. Fountains or other water features;
xi. Architectural details such as tile work and moldings that are integrated into the building
structure and design;
xii. Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.
c. Weather protection elements shall be provided at all public entrances.
D. Parking Lot Design.
1. Where minimum parking requirements are fifty or more spaces, no more than sixty percent of the off-
street parking area for the entire area of land devoted to the retail development shall be located between
the front facade of the retail development and the abutting streets unless the parking lots are screened
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from view by other freestanding pad buildings, or landscaping with trees and incorporating berms,
retaining walls, hedges, or combination thereof at least four feet high, plazas, water elements, or other
such features that diminish the visual impression of a mass parking lot from the public rights-of-way.
Option 2 shall include the planting of shrubs between the wall and the sidewalk.
2. Where minimum parking requirements are fifty or more spaces, parking lots shall be divided into
sections of two hundred spaces or less with internal pedestrian walkways, buildings or landscaped open
areas. Pedestrian ways shall be subject to the provisions of subsection E of this section.
3. Areas for bicycle parking shall be provided throughout the center and shall not interfere with
pedestrian walkways when required by building code.
4. If shopping carts are to be provided, cart corrals shall be installed and generally distributed across
parking area.
E. Pedestrian Circulation.
1. For projects exceeding fifty thousand square feet of gross floor area, and/or five acres of net buildable
area, meandering sidewalks at least six feet in width shall be provided along all sides of the retail
development that abuts a public street.
2. For projects exceeding fifty thousand square feet of gross floor area, and/or five acres of net buildable
area, continuous internal pedestrian walkways, no less than six feet in width, shall be provided from a
public sidewalk or right-of-way to the principal customer entrances of all retail developments on the site,
including all freestanding pad buildings. Pedestrian walkways shall link all buildings in the development.
At a minimum, walkways shall connect focal points of pedestrian activity such as, but not limited to,
transit stops, street crossings, building and store entry points, and shall feature adjoining landscaped areas
that include trees, shrubs, benches, flower beds, ground covers or other such materials for no less than
fifty percent of the length of the walkway. Use of decorative arbors, freestanding arcades or other weather
protection structures is permitted.
3. Sidewalks, no less than six feet in width, shall be provided along the full length of the building along
any facade featuring a customer entrance, and along any facade abutting public parking areas. Such
sidewalks shall be located at least six feet from the facade of the building to provide planting beds for
foundation landscaping, except where features such as arcades or entryways are part of the facade.
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4. All internal pedestrian walkways shall be clearly distinguished from driving surfaces using durable,
low maintenance surface materials such as pavers, bricks or scored concrete to enhance pedestrian safety
and comfort, as well as the attractiveness of the walkways.
5. Parked vehicles shall not overhang into any pedestrian walkways.
6. Pedestrian access to adjacent residential neighborhoods shall be provided where local streets abut the
project. This access shall connect directly to focal points in the project such as, but not limited to,
community/public spaces, main building or store entries, or transit stops without traversing through
loading areas, buildings rears, etc. These pedestrian walkways shall be clearly distinguished from driving
surfaces using durable, low maintenance surface materials such as pavers, bricks or scored concrete to
enhance pedestrian safety and comfort, as well as the attractiveness of the walkways.
F. Central Features and Community Space. For projects exceeding twenty thousand square feet of gross floor
area, and/or two and one-half acres of net buildable area, each retail establishment subject to the standards in
this section shall contribute to the establishment or enhancement of community and public spaces by providing
at least two of the following:
1. Pedestrian plaza or patio with seating;
2. Transportation/transit center;
3. Covered window shopping walkway along at least seventy-five percent of primary building;
4. Outdoor playground area;
5. Water feature;
6. Clock tower;
7. Any other such deliberately shaped area and/or focal feature or amenity that enhances the community
and public spaces of the center.
Any such areas shall have direct access to the public sidewalk network and such features shall not be
constructed of materials that are inferior to the principal materials of the building and landscape.
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G. Delivery/Loading and Solid Waste Operations for Projects Exceeding Fifty Thousand Square Feet of
Gross Floor Area and/or Five Acres of Buildable Area.
1. No delivery, loading, trash removal or compaction, or other such operations shall be within thirty feet
of any properties zoned or developed with residential uses.
2. In addition to compliance with the noise level performance standards table in the noise element of the
Metropolitan General Plan for exterior daytime/nighttime exterior noise levels, other than trash removal
by the city or its contractors, all loading, unloading, delivery, private refuse collection and related
operations shall not be permitted between the hours of ten p.m. and seven a.m. adjacent to any land zoned
or developed with residential uses. These activities may occur if the developer submits evidence to the
city that sound mitigation will reduce the noise generated by such operations to less than three dBA above
the measured background noise level at the same period for any three continuous minutes in any hour
during the operation as measured at the property line adjacent to said residential lands. Evidence of
compliance must include background data (without the subject equipment operating) at said property line
for the subject period, modeling results or test data from the proposed equipment, or noise data gathered
from a similar location if approved by the city.
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3. Loading docks shall include separate walls for noise attenuation adjacent to residential areas and be
screened with landscaping (evergreen trees twenty feet on center) so the loading docks are not visible
from residential areas or public streets.
4. Trash pickup areas shall not be visible from public streets unless the enclosure areas are
architecturally designed matching the design of the center.
H. Storage, Seasonal Sales, Miscellaneous.
1. Storage of materials and merchandise is prohibited unless screened in accordance with this title,
including use of landscaping. Vending equipment and shopping cart storage areas must be screened from
public view and not impede pedestrian ways.
2. Seasonal sales of merchandise shall not be permitted in any required parking area but shall be within a
screened area dedicated for such use.
3. Truck trailers shall not remain on the site for more than forty-eight hours (loading and unloading
only). Truck or trailer storage, or use of trailers for product storage is prohibited.
4. Metal storage containers as defined in Section 17.04.464 and any other portable storage containers for
permanent or temporary use, except for construction and/or remodeling purposes, are prohibited. (Ord.
5006 § 2, 2020; Ord. 4943 § 1, 2018; Ord. 4617 §§ 1, 2, 2010; Ord. 4603 §§ 1, 2, 2009; Ord. 4427 § 3, 2007)
17.08.150 Special dwelling setbacks.
A. No dwelling or any part thereof shall be placed or constructed within fifty feet of any lot which adjoins
property zoned agricultural or residential suburban, unless the property upon which the dwelling is placed or
constructed is itself within one of the said zones.
B. No dwelling or any part thereof shall be placed or constructed within thirty feet of any freeway or railroad
right-of-way,
C. The provisions in subsections A. and B. of this section shall not apply to accessory buildings; setbacks of
said accessory buildings shall be subject to Section 17.08.130. (Ord. 3520 § 2, 1993; prior code § 7.52.145)
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17.08.160 Through lots—Designation of front lot line.
On through lots, the front lot line shall be designated by the planning director. In such cases, the minimum rear
yard shall be the average of the yards on lots next adjoining. If such lots next adjoining are undeveloped, the
minimum rear yard shall conform to the front yard setback for the zone in which the property is located. (Ord.
2696 § 4, 1982; prior code § 17.52.150)
17.08.170 Yard encroachments.
Where yards are required in this title, they shall be not less in depth or width than the minimum dimension
specified for any part, and they shall be at every point open and unobstructed from the ground upward, except
as follows:
A. Cornices, canopies, carports, eaves, patio or porch covers, or other similar architectural features not
providing additional floor or interior space within the building may extend into a required front, side yard not
to exceed two feet or rear yard not to exceed three feet. This encroachment may include structural supports to
the ground, however, the open area of the longest wall and one additional wall of a carport, patio, porch or
similar enclosure shall be equal to at least sixty-five percent of the area of each wall. Openings may only be
enclosed with insect screening or similar material that allows unrestricted outside air circulation.
B. Open unenclosed, uncovered porches, platforms or landing places which do not extend above the level of
the first floor of the building, with the exception of guard rails as may be required by the building director,
may extend into any front, side or rear yard not more than six feet.
C. Detached accessory buildings may occupy side and rear yards as provided in Section 17.08.130.
D. Carports, patios, porches, or similar enclosures that provide covered space constructed before January 1,
1988 shall be deemed legal nonconforming structures subject to the provisions of Chapter 17.68 of this code.
The building director shall make the final determination as to the age of said structures. (Ord. 3826 § 1, 1998; Ord.
2817 § 1, 1983; Ord. 2696 § 5, 1982; prior code § 17.52.160)
17.08.175 Clear sight view.
A. On all corner lots located on uncontrolled intersections, no obstruction to motor vehicle driver views in
excess of three feet higher than curb flow line grade shall be placed on any corner or reversed corner lot within
a triangular area formed by the intersecting street curblines and a line connecting them at points sixty feet from
their intersection point.
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B. On all lots abutting an alley or driveway, no obstruction to sight view shall be permitted within the
triangular area formed by the alley or driveway edge and edge of the sidewalk closest to the interior property
line, or the street right-of-way line in the absence of a sidewalk, and a line connecting them at points ten feet
from their intersecting point.
C. Motor vehicle driver site distance at controlled intersections shall be maintained in accord with the
following design standards:
Design speed (mph) 20 30 40 50 60
Minimum corner intersection
sight distance (feet)
200 300 400 500 600
Corner sight distance measured from a point of the minor road at least fifteen feet from the edge of the major
road pavement and measured from a height of eye of three and three-quarters feet on the minor road to a height
of object of four and one-half feet on the major road. The location of the object to the left of the minor street is
to be measured at twelve feet from the nearside edge of the major road with parking or six feet from the
nearside edge of the major road without parking. The location of the object to the right of the minor road is to
be measured at one-half the major street width plus three feet from the nearest edge of the major road. (Ord.
3169 § 1, 1988; Ord. 2883 § 1, 1983; Ord. 2696 § 6, 1982)
17.08.180 Fence, walls and hedges—Regulations.
A. In the R-1, R-2, R-3, and R-4, R-5, R-6, MX-1, and MX-2 zones, no fence, wall or hedge located in the
rear or side yards shall exceed a height of six feet unless a greater height is required by city or state regulations
for noise attenuation or sight screening. On all through lots located in these zones in which the rear lot line
abuts a state highway, major highway or secondary highway and is below the grade of the roadway, at the
roadway grade, or less than ten feet above the roadway grade, a masonry wall as defined by Section 17.04.462
shall be provided.
B. In the R-1, R-2, R-3, and R-4, R-5, R-6, MX-1, and MX-2 zones, no fence, wall or hedge located in the
required front yard shall exceed a height of four feet, except in the following situations, in which such fence or
wall may be higher but shall not exceed a height of six feet:
1. Where, as determined by the planning commission, a side yard is adjacent to an arterial or collector
street and a higher wall is necessary to finish the required subdivision wall.
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2. Where, as determined by the city council, planning commission, or planning director, a higher fence
or wall is necessary for purpose of noise attenuation.
C. Reserved.
D. In the R-1, R-2, R-3, and R-4, R-5, R-6, MX-1, and MX-2 zones no barbed or electrified wire shall be
used or maintained in or about the construction of a fence, wall or hedge along the front, side or rear lines of
any lot, or within three feet of said lines, and no sharp wire or points shall project at the top of any fence or
wall less than six feet in height.
E. In the C-O, C-C, C-1, C-2, M-1 and M-2 zones no barbed or electrified wire shall be erected, installed,
used or maintained or caused to be erected, installed, used or maintained on, in or about any fence, wall or
hedge along the front, side or rear lines of any lot, nor shall any barbed wire be erected, installed, used or
maintained or caused to be erected, installed, used or maintained, for fencing purposes, or as a barrier across or
around any lot, or portion thereof, or around any building or structure upon or along any street, alley or public
way, unless the lowest strand of barbed wire is installed not less than six feet three inches above the highest
adjoining grade on either side of such fence; where barbed or electrified wire is erected, installed, used or
maintained in accordance with this subsection, it shall not extend over or into any abutting property or public
right-of-way and shall, in all cases, either extend in toward the owner’s side of such fence or directly vertical,
subject to approval by the building director.
F. In the A zone barbed or electrified wire for agricultural fencing purposes shall be permitted to be erected,
installed, used or maintained at locations at least one thousand three hundred feet from any residential area as
defined in Section 17.32.020, and not otherwise, subject to approval by the building director.
G. Fences constructed prior to September 1, 1983, intended to act as protective enclosures and to make canals
inaccessible to small children, are exempted from the restrictions of subsections D, E and F of this section.
(Ord. 5020 § 18, 2020; Ord. 4781 § 1, 2014; Ord. 3824 § 3, 1998; Ord. 3610 § 2, 1994; Ord. 3021 § 3, 1986; Ord. 2696 § 7,
1982; prior code § 17.52.170)
17.08.190 Conditional zoning.
A. Definitions. “Conditional zoning” means an amendment of the zoning ordinance, concerning a specific
parcel or parcels of property, which is enacted only after the owner of such real property has met specified
conditions or, where appropriate, has entered into a contract with the city agreeing to satisfy specified
conditions, performance of which is secured by surety bond.
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B. Conditions. Requirements which may be made a condition of an amendment to the zoning ordinance as
provided in subsection A of this section include, but are not limited to, the dedication of rights-of-way and
easements, the waiver of direct access rights of any street abutting the property to be rezoned and construction
of reasonable improvements. Such conditions shall relate to problems arising or potentially arising from the
property if rezoned and used in accordance with the new zoning, such as vehicular or pedestrian traffic, police
and fire services, grading or topography, access, drainage, water supply, sewers, utilities and/or proposed
physical development affecting nearby properties. The conditions imposed shall fulfill public needs reasonably
expected to result from the allowable uses and/or development of the property and/or avoid circumstances
adverse to the public health, safety, convenience or welfare.
C. Procedure. In considering a proposed zone change pursuant to Section 17.64.110 of this code, the
planning commission may, by resolution, conditionally approve the proposed zone change and recommend
enactment of an ordinance effectuating such change subject to satisfaction of specified conditions and, where
appropriate, the contractual commitment of the property owner to satisfy the specified conditions within a
specified period of time and a surety bond guaranteeing performance of such contract. The owner of the
property to be rezoned shall, within ten days after adoption by the planning commission of such resolution,
either:
1. Commence preparation of a contract agreeing to the conditions specified in such resolution,
conditioned upon city council enactment of an ordinance effectuating the zone change, and provide the
planning director with a surety bond in the amount of one hundred percent of the total estimated cost of
any improvements required by the specified conditions as estimated by the public works director;
2. Have satisfied the specified conditions; or
3. Appeal to the city council the recommendation of the planning commission imposing such conditions
pursuant to Section 17.64.090 of this code. Failure of the owner to take any of the three actions specified
above shall constitute withdrawal of the application for rezoning of his or her property. (Ord. 3964 §§ 6, 7,
2000; Ord. 2696 § 8, 1982; prior code § 17.52.200)
17.08.200 Drilling for and production of petroleum.
Drilling, operation or maintenance of any well or well site for petroleum, natural gas or related drilling, or
operation or maintenance of any production operation, are allowed in the city pursuant to the requirements of
Chapter 15.66 of this code. (Ord. 3477 § 2, 1992; prior code § 17.52.250(A))
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17.08.210 Approval of development entitlement conditioned on indemnification
of city.
The applicant and/or property owner and/or subdivider of any development entitlement, including, but not
limited to, a zone change, general plan amendment, conditional use permit, modification or site plan review,
shall indemnify, defend, and hold harmless the city of Bakersfield, its officers, agents, employees,
departments, commissioners, and boards against any and all liability of any kind arising from the terms and
provisions of the development entitlement application, including, without limitation, any California
Environmental Quality Act (CEQA) approval or any related development approvals or conditions. Terms of
the agreement shall be subject to approval by the city attorney. (Ord. 4909 § 1, 2017; Ord. 4711 § 1, 2012; Ord. 4676
§ 3, 2012)
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Chapter 17.10
R-1 ONE-FAMILY DWELLING RESIDENTIAL ZONES
Sections:
17.10.010 Purpose and Intent of Residential ZonesGenerally.
17.10.020 Residential Land Use Regulations and Allowable UsesUses permitted.
17.10.025 Uses permitted only by conditional use permit.
17.10.030 Residential Zone Development StandardsBuilding height.
17.10.040 Other Applicable Standards and RegulationsFront yard.
17.10.050 Side yards.
17.10.060 Rear yard.
17.10.070 Minimum lot area.
17.10.072 R-1-4.5 zone (small lot one-family dwelling).
17.10.075 E (Estate one-family dwelling) zone.
17.10.080 Distance between buildings on the same lot.
17.10.010 Purpose and Intent of Residential ZonesGenerally.
A. Purpose. The purpose of this Chapter is to describe the character and intent of the City’s residential zones,
describe allowed land uses and permit requirements in residential zones, identify any supplemental land use
regulations applicable to residential zones, and establish development standards for the same.
B. Zoning Map. The boundaries, designations, and locations of the zones established by this Zoning Code
shall be in compliance with Chapter 17.06 (Zones Established – Zoning Boundaries) and shown upon the
map(s) entitled "Official Zoning Map” of the City of Bakersfield " and referred to in this Zoning Code as the
Zoning Map. Any additional maps adopted shall also be a part of this Zoning Code by reference. This Zoning
Code, together with the Zoning Map, is hereby adopted in compliance with current State planning, zoning, and
development laws.
C. Zone Purpose Statements.
1. R-S (Residential Suburban) Zone. The purpose of the R-S Zone is to provide land areas for the use
and occupancy of single-unit detached dwellings and accessory dwelling units. It is the intent of this zone
to promote a range of single-unit products types on larger parcels, as well as the allowance of animal
keeping under specifc guidelines and operating standards. The residential density range for this zone is 0
to 2 dwelling units per net acre.
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2. R-1 (Single-Unit Dwelling) Zone. The purpose of the R-1 Zone is to provide land areas for the use and
occupancy of single-unit detached dwellings and accessory dwelling units. It is the intent of this zone to
protect and preserve existing neighborhoods and promote the future development of lower-density
residential single-unit neighborhoods that provide a livable, walkable and sustainable residential
environment. The residential density range for this zone is 2.1 to 6 dwelling units per net acre.
3. R-2 (Small Lot Single-Unit Dwelling) Zone. The purpose of the R-2 Zone is to provide land areas for
the use and occupancy of single-unit dwellings and accessory dwelling units and two-unit duplex
dwellings. It is the intent of this zone to promote and encourage single-unit and two-unit neighborhoods
that provide a livable, walkable and sustainable residential environment. The residential density range for
this zone is 6.1 to 13 dwelling units per net acre.
4. R-3 (Medium-Density Multi-Unit Dwelling) Zone. The purpose of the R-3 Zone is to provide land
areas for the use and occupancy of accessory dwelling units, two-unit dwellings, medium-density single-
unit dwellings and medium-density multi-unit dwellings. It is the intent of this zone to provide a livable,
walkable and sustainable residential environment similar to that found in small-lot single-unit
neighborhoods at densities that promotes medium-density duplexes, condominiums, townhomes and
apartments. The residential density range for this zone is 13.1 to 20 dwelling units per net acre.
5. R-4 (High-Density Multi-Unit Dwelling) Zone. The purpose of the R-4 Zone is to provide land areas
for the use and occupancy of multi-story, multi-unit dwellings (e.g., rowhouses, flats, condominiums,
townhouses and apartments) at higher densities that include on-site recreational amenities. It is the intent
of this zone to provide a livable, walkable, and sustainable residential environment that ensures
compatibility with surrounding lower-density single-unit and multi-unit dwellings and neighborhood
commerce. The residential density range for this zone is 20.1 to 30 dwelling units per net acre.
6. R-5 (Very-High Density Multi-Unit Dwelling) Zone. The purpose of the R5 Zone is to provide land
areas for the use and occupancy of multi-unit dwellings (e.g., condominiums, townhouses, and apartments)
at very-high densities in proximity to neighborhood commercial centers. It is the intent of this zone to
provide a livable, walkable, and sustainable residential environment that encourages development types
that use innovative site planning . . The residential density range for this zone is 30.1 to 50 dwelling units
per net acre.
7. R-6 (Urban Core) Zone. The purpose of the R-6 Zone is to provide land areas for the use and
occupancy of multi-unit dwellings (e.g., condominiums, mid-rise, and high-rise apartments). It is the intent
of the R-6 Zone to encourage high-intensity and centralized urban development along major corridors,
interchanges, transit hubs, and throughout downtown Bakersfield. Development within this Zone should
initiate a transition to a more dense, highly urban, walkable, and transit-oriented environment that serves
as the link between residential development and adjacent employment centers. Projects in this Zone should
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incorporate development standards to increase street activation, provide a variety of onsite recreational
amenities for residents, and have direct access to employment centers. The minimum residential density
for this zone is 50.1. There is no maximum residential density for the R-6 Zone.
8. R-H (Residential Holding) Zone. The purpose of the R-H Zone to retain large undeveloped land areas
for future urban development. Once development is proposed, a General Plan Amendment and change of
zoning will be required for consistency with the proposed development. This will ensure that development
progresses in an orderly and logical manner consistent with the city’s growth policies. The R-H zone is
considered agricultural in nature as it will allow both agricultural and petroleum resource uses to continue
their operations until such time urbanization takes place.
The regulations set out in this chapter shall apply in the R-1 one-family dwelling zone unless otherwise
provided in this title. (Prior code § 17.13.010)
17.10.020 Residential Land Use Regulations and Allowable UsesUses
permitted.1
A. Residential Zones Allowed Uses and Permit Requirements. Table 17.10-1 states the uses allowed within
each residential zone and any permits required to establish the use, in compliance with Chapter 17.08 (General
Regulations Including Site Plan Review).
B. Additional Regulations. Where the last column in Table 17.10-1 includes a chapter or section number, the
regulations in the referenced chapter or section shall apply to the use. Provisions in other sections of this Zoning
Code, Municipal Code, and State Law may also apply.
C. Definitions. See Chapter 17.04 (Definitions) for land use definitions and explanations.
D. Uses Not Listed. Uses not listed below may be reviewed by the Planning Director to determine if they are
similar to those listed and appropriate in this zone and if so, what type of permit is required.
Table 17.10-1
Residential Zones Allowed Uses and Permit Requirements
Key: P = Allowed by Right; DRA = Director Review and Approval; (N) = Not Allowed
CUP = Conditional Use Permit
Land Use
Permit Requirement by Zone
Additional
Regulations R-S R-1 R-2 R-3 R-4 R-5 R-6 RH
Agricultural and Resource Uses
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Table 17.10-1
Residential Zones Allowed Uses and Permit Requirements
Key: P = Allowed by Right; DRA = Director Review and Approval; (N) = Not Allowed
CUP = Conditional Use Permit
Land Use
Permit Requirement by Zone
Additional
Regulations R-S R-1 R-2 R-3 R-4 R-5 R-6 RH
Accessory Agricultural
Structures and Uses N N N N N N N P
Agricultural and Horticulture N N N N N N N P
Animal Raising and Breeding P N N N N N N P 17.10.040
Drilling for and Production of
Petroleum N N N N N N N CUP 15.66
Recreation, Education, and Public Assembly Uses
Educational Institutions
Elementary School N P P P P P P N
Junior High School N P P P P P P N
High School N P P P P P P N
College or University N N N N N N N N
Religious Institution CUP CUP CUP CUP N N N CUP 17.04.500
Public and Quasi-Public Uses DRA CUP CUP CUP CUP CUP CUP CUP 17.10.040
Residential Uses
Accessory Dwelling Unit
(detached, attached, junior) P P P P P P P P 17.65
Accessory Structure P P P P P P P P 17.10.040
Child Day Care Home
P P P P P P P P
17.04.160
Gov. Code
Section 1597.30-
1597.622
Community Care Facility, Large
CUP CUP CUP CUP CUP CUP CUP CUP
17.04.499
California
Welfare and
Institutions Code
Sections 5115 –
5120
Community Care Facility, Small
P P P P P P P P
17.04.499
California
Welfare and
Institutions Code
Sections 5115 –
5120
Emergency Shelter N N N N CUP CUP CUP N
Employee Housing, up to six
residents P P P P P P P P
Home Occupation P P P P P P P P 17.04.330
17.63
Housing, Employee, Agriculture
N N N P P N N N
California Health
and Safety Code
17021.5, 17021.6
and 17021.8
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 82 of 449
The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
The following uses are permitted in an R-1 zone:
A. A one-family dwelling;
B. Accessory buildings or structures, including a private garage the area of which shall not exceed twelve
percent of the area of the lot;
C. Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees, not used or
intended for commercial purposes;
D. Home occupations, as defined in Section 17.04.330 and in compliance with the provisions of Chapter
17.63 of this code;
E. Swimming pools and hot tubs;
Table 17.10-1
Residential Zones Allowed Uses and Permit Requirements
Key: P = Allowed by Right; DRA = Director Review and Approval; (N) = Not Allowed
CUP = Conditional Use Permit
Land Use
Permit Requirement by Zone
Additional
Regulations R-S R-1 R-2 R-3 R-4 R-5 R-6 RH
Low Barrier Navigation Center N N N N N N N N Assembly Bill
101 (AB 101)
Mobile Home Park N N CUP CUP N N N N
Multi-Unit Dwellings N N P P P P P N 17.14
Single-Room Occupancy Units N N N P P P P N
Single-Unit Dwellings P P P P N N N P
Supportive Housing P P P P P P P P Gov. Code
Section 65651
Transitional Housing P P P P P P P P Gov. Code
Section 65651
Retail, Service, and Office Uses
Certified Farmer’s Market N N N N DRA DRA DRA N
Construction Trailer/ Temporary
Contractor’s Office DRA DRA DRA DRA DRA DRA DRA DRA
Real Estate Tract Sales Office
and Model Homes DRA P P P P P P N 17.10.040
Private Nurseries and
Greenhouses P DRA DRA DRA N N N P 17.10.040
Stable, Commercial CUP N N N N N N N
Utility, Transportation, and Communication Uses
Domestic Water Wells (private) P P P P P P P P
Public Utilities, Structures, and
Services DRA N N N N N N N
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 83 of 449
The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
F. Garage and yard sales as defined in Section 17.04.305;
G. Real Estate Tract Sales Office and Model Homes.
1. Each subdivision tract is permitted a maximum of six model homes, one of which may include a sales
tract office, for each home builder in the tract. Additional model homes may be permitted subject to
approval by the planning director,
2. Model homes may be constructed prior to recordation of a final map for the tract; however, no such
home shall be offered for sale or rent, or be sold or rented, until the final map has been recorded pursuant
to Title 16 of this code,
3. Sales offices shall only be used during the original sales of the lots and/or homes within the
subdivision tract in which they are located,
4. A sales office shall be located in a model home; however, a separate temporary office which may
include a commercial coach or mobile home is permitted for a period not to exceed ninety days pending
completion of construction of the model home. Any sales office located in the garage portion of a model
home shall be removed and converted to a garage prior to the building department releasing covenants
restricting the model home’s sale and issuing a certificate of occupancy,
5. The vehicle route leading to and in front of any sales office shall be paved from an existing improved
public street prior to the public being invited to that office regarding sales of lots and/or homes in the
tract;
H. Family day care home as defined in Section 17.04.160;
I. Second unit, as defined in Section 17.04.539 and in compliance with the provisions of Chapter 17.65 of this
code;
J. Ramp, platform, basin, pool or other accessory structure used for the riding of skateboards, rollerskates,
rollerblades, bicycles, motorcycles, or similar devices, provided the structure does not exceed a vertical height
(above or below grade) of four feet, or a horizontal area (one structure or total combined area if multiple
structures) of one hundred twenty square feet. Such structures made nonconforming by this subsection shall be
brought into conformance, obtain conditional use approval, or be removed by March 31, 1999;
K. Residential facility serving six or fewer persons;
L. Park for passive daytime recreation use with no lighted fields;
M. Domestic water well(s). (Ord. 5040 § 1, 2020; Ord. 4300 § 1, 2006; Ord. 3964 §§ 8, 9, 2000; Ord. 3868 § 1, 1998; Ord.
3838 § 1, 1998; Ord. 3768 § 6, 1997; Ord. 3613 § 4, 1994; Ord. 3518 § 2, 1993; Ord. 3477 § 7, 1992; Ord. 3226 § 3, 1989; Ord.
3087 § 1, 1987; Ord. 2985 § 1, 1985; Ord. 2697 § 1, 1982; prior code § 17.13.020)
1 Code reviser’s note: Ord. 5027 added subsection (O) regarding hens to this section, and this subsection was relettered as
(N) by Ord. 5040. However, Ord. 5027 was rescinded; therefore, this subsection does not appear in this code.
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 84 of 449
The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
17.10.025 Uses permitted only by conditional use permit.
A. The following uses are permitted in an R-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:
1. Roominghouse. (Ord. 5008 § 3, 2020)
17.10.030 Residential Zone Development StandardsBuilding height.
A. Residential Zone Development Standards. The intent of Table 17.10-2 is to clearly and precisely establish
the basic site and structure regulations that apply to all developments in each of the residential zones. The table
also indicates where additional site and structure requirements, including, but not limited to, off-street parking
(if included in a project), landscaping, signage, fences and obstructions, and performance standards, apply to
mixed-use zones.
B. Density. Maximum density standards shall be consistent with this Title and the General Plan (or applicable
Master Plan, Specific Plan, or Area Plan).
C. Parking. Parking standards are no longer required for residential construction. Setbacks to garages, carports
and/or parking lots as a potential feature of development are addressed herein. Pursuant to Government Code
Section 65863.2(f) and relevant sections of the California Government Code as amended from time to time, this
section shall not reduce, eliminate, or preclude the enforcement of any requirement imposed on a new
multifamily residential to provide electric vehicle supply equipment installed parking spaces or parking spaces
that are accessible to persons with disabilities that would have otherwise applied to the development if this
section did not apply.
Table 17.10-2
Residential Zones Development Standards
Zone
Development Feature
(minimum unless otherwise specified)
Parcel Area
(min square
feet or acres)
Parcel Area
per
Dwelling
(min square
feet)
Height
(max. ft.)
Distance between Structures
(min. ft.)
Setbacks (min. ft.)
(to garage/living space/porch)
Between
Dwelling
Units
Between
Dwelling/
Accessory
Units
Between
Accessory
Units
Front (ft.) Side (ft.)
Side-
Corner
(ft.)
Rear (ft.)
R-S 15,000 sf 15,000 35 10 3 3
25 garage
20 living
15 porch
5 10 25
R-1 4,500 4,500 sf 35 8 3 3
20 garage
15 living
12 porch
4 10 5
R-2 Single-Unit:
2,000 sf
Single-Unit:
2,000 35 8 3 3
20 garage
12 living
9 porch
4 10 5
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 85 of 449
The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Table 17.10-2
Residential Zones Development Standards
Zone
Development Feature
(minimum unless otherwise specified)
Parcel Area
(min square
feet or acres)
Parcel Area
per
Dwelling
(min square
feet)
Height
(max. ft.)
Distance between Structures
(min. ft.)
Setbacks (min. ft.)
(to garage/living space/porch)
Between
Dwelling
Units
Between
Dwelling/
Accessory
Units
Between
Accessory
Units
Front (ft.) Side (ft.)
Side-
Corner
(ft.)
Rear (ft.)
Multi-Unit:
6,000 sf
Multi-Unit:
2,000 sf 10 15 4/10 10 10/15
R-3
Single-Unit
2,000 sf
Single-Unit
2,000 45
8
3 3
20 garage
9 living
6 porch
4 10 5
Multi-Unit
6,000 sf
Multi-Unit
1,500 sf 10 15 4/10 10 10/15
R-4 10,000 sf N/A 65 8 3 3
10 living
5 porch
4 10 10/15
R-5 10,000 sf N/A 80 8 3 3
10 living
5 porch
4 10 10/15
R-6 10,000 sf N/A 120 8 3 3 5 living
0 Porch 0 0 0
R-H 20 ac N/A 35 100 3 3 110 5 10 25
Other
Applicable
Regulations
17.10.040
Additional Regulations
Regulation Section or Chapter
Accessory Dwelling Units Chapter 17.65
Accessory Structures Section 17.08.130
Fences, Walls, and Hedges Section 17.08.180
Height of Buildings Section 17.08.110
Landscape Standards Chapter 17.61
Multi-Unit Dwelling Objective Design Standards Chapter 17.14
Off-Street Parking and Loading Chapter 17.58
Street Setback Exceptions Section 17.08.125
Yard Encroachments Section 17.08.170
Signs Chapter 17.60
Building height requirements in an R-1 zone shall not exceed thirty-five feet. (Ord. 3964 § 10, 2000; prior code
§ 17.13.030)
17.10.040 Other Applicable Standards and Regulations Front yard.
A. General Applicable Standards for All Residential Zones.
Development Standards.
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
1. Non-Conforming Lots (Area and Frontage).
a. A lot with less area or frontage than what is required in this Title shall be permitted if the lot was
legally created as a separate lot and recorded as such prior to this zoning ordinance being applicable to
that lot.
2. Structure Separation.
a. The distance between a dwelling unit and accessory structure and between accessory structures
can be a less than three feet, however, the buildings will be considered attached and subject to all
regulations as they may pertain to dwelling units and accessory structures based on this combined
area, and the regulations of the Building Code as adopted by the City.
B. R-S (Residential Suburban) Zone.
Additional Standards per the Allowable Uses in Table 17.10-1.
1. Animal Raising and Breeding. The following animals and numbers of animals are permitted:
a. Breeding, hatching, raising, and keeping of poultry, fowl, rabbits, chinchillas, Vietnamese pot-
bellied pigs, fish, frogs, and bees for the domestic use of the resident/occupant of the lot.
b. Keeping of cattle, sheep, goats, horses, mules, and burros in a ratio not exceeding one adult
animal of the foregoing for each one-quarter acre of fenced enclosure area dedicated for the habitation
of said animals.
c. A Temporary Animal Permit is required for the raising and breeding of animals that exceed the
allowed numbers permitted above in Subsection (1).
2. No fowl or animals, nor any pen, coop, stable, corral or other structure or enclosure housing livestock
or poultry shall be kept or maintained within:
a. 50 feet of any dwelling unit or other structure used for human habitation;
b. 100 feet of the front lot line of the lot upon which such animal or structure is located;
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
c. 10 feet of the street side of a corner lot; or
d. 100 feet of any public park, school, hospital, or similar institution.
e. Raising, killing, or dressing of any such animals or poultry for commercial purposes is prohibited.
3. Temporary Animal Permits. The breeding and raising of animals in numbers greater than those
allowed by Subsection (a) above, by minors in conjunction with a student-oriented fair project sponsored
by a bona fide agricultural organization, shall be permitted upon submission of an application for a
temporary animal permit to and approval by the planning director in accordance with the procedures set
forth in this section.
a. Application. An application for a temporary animal permit shall include the following:
i. The name and address of the applicant;
ii. Name and age of minor raising the animal(s);
iii. The name(s) and address(es) of the property owner(s) or legal description of the subject
property;
iv. Assessor’s parcel number;
v. Name of the organization sponsoring the minor, including name, phone number, and
acknowledgement from the sponsor that the minor is engaging in an activity under their program;
vi. A plot plan showing the location of proposed pens, coops or areas for the breeding and raising
of animals in relation to existing residences and other buildings and structures within one hundred
feet of pens, coops, or areas housing livestock.
b. Conditions of Approval. A Temporary Animal Permit shall be issued by the Planning Director
under the following conditions:
i. The minor shall be sponsored by a bona fide organization such as, but not limited to, Future
Farmers of America and 4-H Club.
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
ii. The increase in animal density shall not exceed the density allowed by more than 50 percent;
provided, however, that at least two and no more than six additional animals shall be allowed.
iii. The Planning Director may permit the raising of one swine provided all other standards in this
Chapter are satisfied.
iv. The written consent of the owners or occupants of all abutting property shall be obtained.
v. The applicant shall allow inspection of animal maintenance facilities by the City and any
animal control agencies during the effective period of the permit upon request.
c. Each additional animal authorized by the Temporary Animal Permit over the allowable animal
density specified in this Subsection of this Chapter shall be removed upon expiration of the permit.
d. Any permit issued pursuant to this section may be revoked or modified whenever the Planning
Director has a reasonable suspicion that any person to whom such permit has been issued has violated
any of the provisions of this chapter. Notification of such revocation or modification shall be served
by certified mail upon the permit-holder and shall be effective upon mailing. Such revocation or
modification may be appealed to the City Council within 10 days of receipt of notification of such
revocation or modification.
e. All Temporary Animal Permits shall be effective for a period not to exceed six months from the
effective date of the permit. No more than one such permit shall be approved for any lot within a one-
year period.
4. Private Nurseries and Greenhouses.
a. Salesrooms or other structures used for the sales of the products produced are prohibited.
C. R-1 (Single-Unit Dwelling) Zone.
Additional Standards per Allowable Uses in Table 17.10-1.
1. Accessory Structures.
a. Ramps, platforms, basins, pools, or other accessory structure used for the riding of skateboards,
roller skates, rollerblades, bicycles, motorcycles, or similar devices, provided the structure does not
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
exceed a vertical height (above or below grade) of four feet, or a horizontal area (one structure or total
combined area if multiple structures) of 120 square feet. Such structures made nonconforming by this
subsection shall be brought into conformance, obtain conditional use approval, or be removed as
directed by the Code Enforcement Manager.
b. Accessory structures, including a private garage, shall not exceed 12 percent of the area of the lot.
2. Private Nurseries and Greenhouses.
a. Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees,
shall not be used for commercial purposes.
3. Public and Quasi-Public Uses.
a. Parks with passive daytime recreation shall not include lighted fields for nighttime recreation and
activities.
4. Real Estate Tract Sales Office and Model Homes.
a. Each subdivision tract is permitted a maximum of six model homes, one of which may include a
sales tract office, for each home builder in the tract. Additional model homes may be permitted subject
to approval by the Planning Director.
b. Model homes may be constructed prior to recordation of a final map for the tract; however, no
such home shall be offered for sale or rent, or be sold or rented, until the final map has been recorded
pursuant to Title 16 of this code.
c. Sales offices shall only be used during the original sales of the lots and/or homes within the
subdivision tract in which they are located.
d. A sales office shall be located in a model home; however, a separate temporary office which may
include a commercial coach is permitted for a period not to exceed ninety days pending completion of
construction of the model home.
e. Any sales office located in the garage portion of a model home shall be removed and converted to
a garage prior to the building department releasing covenants restricting the model home’s sale and
issuing a certificate of occupancy.
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
f. The vehicle route leading to and in front of any sales office shall be paved from an existing
improved public street prior to the public being invited to that office regarding sales of lots and/or
homes in the tract.
Additional Development Standards per those in Table 17.10-2.
5. Front Setback.
a. If a garage or carport (attached or detached) opening faces a public street, the setback shall be a
minimum of -20 feet.
b. If a garage or carport (attached or detached) opening is parallel to a public street, the setback shall
be a minimum of 15 feet.
c. If a garage or carport (attached or detached) opening faces a private street, the setback shall be a
minimum of 3 feet.
d. Front yard structural setbacks shall be a minimum of 15 feet to living space and 12 feet to
architectural extensions, such as porches.
e. Where 50 percent or more of the front lot line is along a cul-de-sac or street knuckle curvature, the
front yard setback line shall be a minimum of 15 feet in depth measured from the front lot line; and if
a garage or carport (attached or detached from the main structure) opening faces a public or private
street, the setback shall be a minimum of 20 feet.
6. Side Setback.
a. If a garage or carport (attached or detached) opening faces a public street, the setback shall be a
minimum of 20 feet.
b. If a garage or carport (attached or detached) opening faces a private street, the setback shall be a
minimum of 3 feet.
7. Rear Setback.
a. If a garage or carport (attached or detached) opening faces a private alley, the setback shall be a
minimum of 3 feet, provided the alley is a minimum width of 20 feet.
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
8. Minimum Lot Area.
a. When there is an alley at the rear of the lot, the minimum lot area may be measured to the center
of the alley.
D. R-2 (Small-Lot Single-Unit Dwelling) Zone.
Additional Standards per the Allowable Uses in Table 17.10-1.
1. Accessory Structures.
a. Accessory structures on lots developed with one single-unit dwelling shall not exceed 12 percent
of the area of the lot.
Additional Development Standards per those in Table 17.10-2.
2. Front Setback.
a. If a garage or carport (attached or detached) opening faces a public street, the setback shall be a
minimum of 20 feet.
b. If a garage or carport (attached or detached) opening is parallel to a public or private street, the
setback shall be a minimum of 15 feet.
c. If a garage or carport (attached or detached) opening faces a private street, the setback shall be a
minimum of 3 feet.
d. Front yard structural setbacks shall be a minimum of 12 feet to living space and 9 feet to
architectural extensions, such as porches.
3. Side Setback.
a. If a garage or carport (attached or detached) opening faces a public street, the setback shall be a
minimum of 20 feet.
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
b. If a garage or carport (attached or detached) opening faces a private street, the setback shall be a
minimum of 3 feet.
c. For multi-unit developments where the side setback separates a lot in an R-2 zone from an
adjacent lot zoned R-1, MH, or a PUD development, the side yard shall not be less than 10 feet. For
all other adjacent lots, the side yard shall not be less than 4 feet.
4. Rear Setback.
a. If a garage or carport (attached or detached) opening faces a public or private alley or garage
court, the setback shall be a minimum of 3 feet, provided the alley or garage court is not less than 20
feet.
b. For multi-unit developments where the rear setback separates a lot in an R-2 zone from an
adjacent lot zoned R-1, MH, or a PUD project consisting of single-unit dwellings, the rear yard shall
not be less than 10 feet for the first story and 15 feet for the second and additional stories.
E. R-3 (Multi-Unit Dwelling) Zone.
Additional Development Standards per those in Table 17.10-2.
1. Front Setback.
a. For both single units and multi-unit residential development in the R-3 zone, no direct access shall
be allowed from a garage or carport onto a public street. All parking shall access internal vehicular
circulation and/or alleys to provide for site ingress/egress.
b. If a garage or carport (attached or detached) opening takes access to internal vehicular circulation
and/or an alley providing site ingress/egress to a public street, the setback shall be a minimum of 3
feet.
c. All proposed parking shall have a minimum 5-foot setback from public streets.
2. Side Setback.
a. No direct access shall be allowed from a garage and/or carport from a side yard onto a public
street.
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
b. For multi-unit developments where the side setback separates a lot in an R-3 zone from an
adjacent lot zoned R-S, R-1, MH, R-2, or a PUD project consisting of single-unit dwellings, the side
yard shall not be less than 10 feet. For all other adjacent lots, the side yard shall not be less than 4 feet.
3. Rear Setback.
a. If a garage or carport (attached or detached) opening faces a public or private alley or garage
court, the setback shall be a minimum of 3 feet, provided the alley or garage court is not less than 20
feet in width.
b. For multi-unit developments where the rear setback separates a lot in an R-3 zone from an
adjacent lot zoned R-S, R-1, , MH, R-2, or a PUD project consisting of single-unit dwellings, the rear
yard shall be not less than 10 feet for the first story and 15 feet for any second and additional stories.
4. Minimum Lot Area.
a. Where there is an alley to the rear of the lot, the minimum lot area may be measured to the center
of said alley.
5. Separation of Uses.
a. Multi-unit residential developments where the rear or side property line separates a lot zoned R-1,
MH, R-2, or PUD project consisting of single-unit dwellings shall include a solid masonry wall with a
minimum height of six feet from highest grade.
b. If the masonry wall is located within the front setback, the maximum height of the wall shall not
exceed four feet.
c. This requirement does not apply to any lot less than 10,000 square feet and, that is not part of, or
adjacent to, multi-unit subdivisions or other multi-family projects that existed prior to the effective
date of the ordinance codified in this section.
F. R-4 (High-Density), R-5 (Very-High Density Multi-Unit Dwelling), and R-6 (Urban Core) Zones.
Additional Standards per the Allowable Uses in Table 17.10-1.
1. Residential Facility for Court-Ordered Individuals.
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
a. Housing for court-ordered individuals is limited to juveniles or adults in custody or court-ordered
living restrictions for violations of local, state, and federal law, including, but not limited to, halfway
houses and detention centers.
Additional Development Standards per those in Table 17.10-2.
2. Front Setback.
a. No direct front yard access shall be allowed from a garage or carport onto a public street. All
parking shall access internal vehicular circulation and/or alleys to provide for site ingress/egress.
b. All proposed parking shall have a minimum 5-foot setback from public streets.
3. Side Setback.
a. No direct side yard access shall be allowed from a garage or carport onto a public street. All
parking shall access internal vehicular circulation and/or alleys to provide for site ingress/egress.
4. Rear Setback.
a. For multi-unit developments where the rear setback separates a lot in an R-4 or R-5 zone from an
adjacent lot zoned R-S, R-1, MH, R-2, or a PUD project consisting of single-unit dwellings, the rear
yard shall be not less than 10 feet for the first story and 15 feet for any second and additional stories.
b. If a garage or carport (attached or detached) opening faces a public or private alley or garage court
at the rear of the parcel, the setback shall be a minimum of 3 feet, provided the alley or garage court is
not less than 20 feet in width.
5. Minimum Lot Area.
a. 10,000 square feet in the R-4, R-5, and R-6 zones. Where there is an alley to the rear of the lot,
the minimum lot area may be measured to the center of said alley.
b. A lot may be less than the minimum provided the lot is as shown on a recorded subdivision map
approved by the City prior to adoption of this ordinance.
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
6. Sound Attenuation Wall.
a. Multi-unit residential developments where the rear or side property line separates a lot zoned R-S,
R-1, MH, R-2, or PUD project consisting of single-unit dwellings shall include a solid masonry wall
with a minimum height of six feet from highest grade.
b. If the masonry wall is located within the front setback, the maximum height of the wall shall not
exceed four feet.
c. This requirement does not apply to any lot less than 10,000 square feet and, that is not part of, or
adjacent to, multi-unit subdivisions or other multi-unit projects that existed prior to the effective date
of the ordinance codified in this section.
G. R-H – Residential Holding Zone.
Additional Standards per the Allowable Uses in Table 17.10-1.
1. Accessory Agricultural Structures.
a. Accessory agricultural structures and uses, including farm buildings, housing for agricultural
workers, garages and implement shelters, provided no livestock or any building or enclosure used in
connection with livestock shall be located within 100 feet to the front lot line, nor nearer than 50 feet
to any existing dwelling on any contiguous property, nor within than 100 feet to any public park,
school, hospital, or similar institution.
2. Agricultural and Horticulture.
a. Allowable agricultural and horticulture include nurseries, greenhouses, orchards, aviaries or the
raising of field crops, tree crops, berry or bush crops or vegetable or flower gardening on a
commercial scale.
3. Animal Raising and Breeding.
a. The keeping of bovine animals, horses, mules, and sheep; provided that the number thereof shall
not exceed a number per acre equal to four adult animals in any combination of the foregoing animals
and their immature offspring.
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b. Includes the breeding, hatching, and raising of poultry and fowl and breeding and raising of
rabbits and other fur-bearing animals.
Additional Development Standards per those in Table 17.10-2.
4. Setback from the Centerline of Roadways.
a. All structures shall be located not less than 110 feet from the centerline of any existing or
proposed public street or highway.
A. Except as otherwise provided in Section 17.08.125 and subsection C of this section, there shall be a front
yard of not less than twenty feet in depth measured from the front lot line. If a garage or carport opening faces
a public or private street, such garage or carport, whether attached to or detached from the main building, shall
be set back not less than twenty-five feet.
B. Where fifty percent or more of the front lot line is along a cul-de-sac or street knuckle curvature, the front
yard setback line shall not be less than fifteen feet in depth as measured from the front lot line; and if a garage
or carport opening faces a public or private street, such garage or carport, whether attached to or detached from
the main building, shall be set back not less than twenty feet.
C. Within the R-1-4.5 zone only, there shall be a front yard of not less than fifteen feet in depth measured
from the front lot line. If a garage or carport opening faces a public or private street, such garage or carport
whether attached to or detached from the main building, shall be set back not less than twenty feet. (Ord. 4771
§ 2, 2014; Ord. 4641 § 1, 2011; Ord. 2697 § 2, 1982; prior code § 17.13.040)
17.10.050 Side yards.
A. There shall be a side yard for the main building of not less than five feet.
B. For corner lots, the side yard on the street side frontage shall not be less than ten feet; however, the side
yard may be reduced to five feet for swimming pools and spas. If a garage or carport opening faces a public or
private street, such garage or carport whether attached to or detached from the main building, shall be set back
not less than twenty feet. (Ord. 3539 § 2, 1993; prior code § 17.13.050)
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17.10.060 Rear yard.
A. There shall be a rear yard in an R-1 zone behind every main building of not less than twenty-five feet or
twenty percent of the depth of the lot, whichever is less; provided, however, the rear yard may be reduced to
five feet if not more than forty-five percent of the lot is covered by buildings or structures.
B. Within the R-1-4.5 zone only, there shall be a rear yard behind every main building of not less than five
feet. (Ord. 4771 § 3, 2014; prior code § 17.13.060)
17.10.070 Minimum lot area.
A. The minimum lot area shall be not less than six thousand square feet per dwelling unit; provided, however,
that when a nonconforming lot has less than herein required and the lot description was recorded in the office
of the county recorder at the time of the passage of the ordinance codified in this section as a separate lot, the
lot may be occupied by not more than one dwelling unit.
B. When there is an alley at the rear of the lot, the minimum lot area may be measured to the center of the
alley.
C. A lot may be of less than the minimum provided it is a lot as shown on a recorded subdivision map
approved by the city. (Ord. 2697 § 3, 1982; prior code § 17.13.070)
17.10.072 R-1-4.5 zone (small lot one-family dwelling).
All permitted uses and regulations in the R-1-4.5 (small lot one-family dwelling) zone shall be the same as the
R-1 zone, except that the minimum lot area shall not be less than four thousand five hundred square feet. (Ord.
4771 § 1, 2014)
17.10.075 E (Estate one-family dwelling) zone.
All permitted uses and regulations in the E (Estate one-family dwelling) zone shall be the same as the R-1
zone, except that the minimum lot area shall not be less than ten thousand square feet. (Ord. 3368 § 1, 1991)
17.10.080 Distance between buildings on the same lot.
Minimum distance requirements between buildings on the same lot in an R-1 zone shall be as follows:
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A. Ten feet between dwelling units;
B. Three feet between a dwelling unit and an accessory building. A lesser distance is permitted, however, the
buildings will be considered attached and subject to all dwelling unit setbacks, and the regulations of the
Building Code as adopted by the city;
C. Three feet between accessory buildings. A lesser distance is permitted, however, the buildings will be
considered attached and subject to all regulations as they may pertain to accessory buildings based on this
combined area, and the regulations of the Building Code as adopted by the city. (Ord. 4715 § 1, 2012; Ord. 3964
§ 11, 2000; prior code § 17.13.080)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Chapter 17.12
RESIDENTIAL SUBURBAN MIXED-USE ZONES
Sections:
17.12.010 Purposes of Mixed-Use ZonesR-S (residential suburban) zone.
17.12.015 Minimum lot area.
17.12.016 Minimum lot frontage.
17.12.020 Mixed-Use Land Use Regulations and Allowable UsesR-S-1A (residential suburban one-
acre minimum lot size) zone.
17.12.030 Mixed-Use Zone Development StandardsR-S-2.5A (residential suburban two-and-one-
half-acre minimum lot size) zone.
17.12.040 Other Applicable Regulations and StandardsR-S-5A (residential suburban five-acre
minimum lot size) zone.
17.12.050 R-S-10A (residential suburban ten-acre minimum lot size) zone.
17.12.060 Temporary animal permits.
17.12.010 Purposes of Mixed-Use ZonesR-S (residential suburban) zone.
A. Purpose. The purpose of this Chapter is to describe the character and intent of the City’s mixed-use zones,
describe allowed land uses and permit requirements in mixed-use zones, identify any supplemental land use
regulations applicable to mixed-use zones, and establish development standards for the same.
B. Zoning Map. The boundaries, designations, and locations of the zones established by this Zoning Code shall
be shown upon the map(s) entitled "Zoning Map for City of Bakersfield " and referred to in this Zoning Code as
the Zoning Map. Any additional maps adopted shall also be a part of this Zoning Code by reference. This
Zoning Code, together with the Zoning Map, is hereby adopted in compliance with current State planning,
zoning, and development laws.
C. Zone Purpose Statements. The purpose of the individual mixed-use uses and the way they are applied are as
follows:
1. MX-1 (Mixed-Use Neighborhood) Zone. The purpose of the MX-1 Mixed-Use Neighborhood Zone is
to provide areas within the city for pedestrian oriented developments that focus on neighborhood-serving
commercial uses (e.g., coffee shops, grocery stores, retail establishments). This zone also allows mixed-use
development comprised of medium-density multi-unit developments (i.e., cottage court apartments, low-
rise apartments, and condominiums), It is the intent of the MX-1 Zone to encourage a mix of residential and
commercial uses, with residential on the upper floors and commercial on the lower floors (vertical mixed-
use format), as well as, stand-alone uses in certain circumstances (horizontal mixed-use format). The
residential density range for this zone is 20-30 dwelling units per acre.
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2. MX-2 (Mixed-Use Transit) Zone. The purpose of the MX-2 Mixed-Use Transit Zone is to provide for
transit- and pedestrian-oriented mixed-use development comprised of high density multi-unit developments
(i.e., low-rise, mid-rise apartments, and condominiums). The focus of such development will be on
centralized urban development along major corridors, interchanges, transit hubs, and throughout downtown
Bakersfield, in conjunction with existing and planned transit facilities to support and maximize transit use.
This zone is intended to encourage high quality integrated development consisting of residential and
commercial uses in a horizontal and or vertical arrangement to maximize open space of active and passive
use and provide opportunities for place making. The residential density range for this zone is 30.1 to 100
dwelling units per acre.
A. All permitted uses and regulations in the RS zone shall be the same as the R-1 zone, except that the
following additional uses are permitted:
1. Breeding, hatching, raising and keeping of poultry, fowl, rabbits, chinchillas, Vietnamese pot-bellied
pigs, fish, frogs and bees for the domestic use of the resident/occupant of the lot.
2. Keeping of cattle, sheep, goats, horses, mules and burros in a ratio not exceeding one adult animal of
the foregoing for each one-quarter acre of lot area.
B. The keeping of such fowl and animals shall conform to all other provisions of law governing same.
C. No fowl or animals, nor any pen, coop, stable, corral or other structure or enclosure housing livestock or
poultry shall be kept or maintained within fifty feet of any dwelling or other building used for human
habitation; nor within one hundred feet of the front lot line of the lot upon which such animal or structure is
located; nor within ten feet of the street side of a corner lot; nor within one hundred feet of any public park,
school, hospital, or similar institution.
D. There shall be no raising, killing or dressing of any such animals or poultry for commercial purposes. (Ord.
3465 § 1, 1992; Ord. 2698 § 1, 1982; Ord. 2491 § 1, 1984; prior code § 17.14.010)
17.12.015 Minimum lot area.
The minimum lot area shall not be less than twenty-four thousand square feet; provided, however, that a lot of
less area than herein required shall be permitted if a description of said lot was recorded as a separate lot in the
office of the county recorder prior to the time of the enactment of this section. (Ord. 2698 § 3, 1982)
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17.12.016 Minimum lot frontage.
The minimum lot frontage shall be not less than eighty feet on a standard street or forty feet on a cul-de-sac or
flag lot: provided, however, that a lot with less frontage than herein required shall be permitted if a description
of said lot was recorded as a separate lot in the office of the county recorder prior to the time of the enactment
of the ordinance codified in this section. (Ord. 2698 § 4, 1982)
17.12.020 Mixed-Use Land Use Regulations and Allowable UsesR-S-1A
(residential suburban one-acre minimum lot size) zone.
A. Mixed-Use Zones Allowed Uses and Permit Requirements. Table 17.12-1 indicates the uses allowed
within each mixed-use zone and any permits required to establish the use, in compliance with Chapter 17.08
(General Regulations Including Site Plan Review).
B. Additional Regulations. Where the last column in Table 17.12-1 includes a chapter or section number, the
regulations in the referenced chapter or section shall apply to the use. Provisions in other sections of this
Zoning Code, Municipal Code, and State Law may also apply.
C. Definitions. See Chapter 17.04 (Definitions) for land use definitions and explanations.
D. Uses Not Listed. Uses not listed below may be reviewed by the Planning Director to determine if they are
similar to those listed and appropriate in this zone and if so, what type of permit is required.
Table 17.12-1
Mixed-Use Zones Allowed Uses and Permit Requirements
Key: P = Allowed by Right; DRA = Director Review and Approval; N =
Not Allowed; CUP = Conditional Use Permit
Land Use
Permit Requirement
by Zone
Additional Regulations
MX-1 MX-2
Residential Uses
Accessory Dwelling Unit (detached, attached,
junior) P P 17.65
Accessory Structure P P 17.12.040
Assisted Living Facility CUP CUP
Child Day Care Home P P 17.04.160
Gov. Code Section 1597.30-1597.622
Community Care Facility, Large (six or more
residents) CUP CUP California Welfare and Institutions Code
Sections 5115 – 5120
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Table 17.12-1
Mixed-Use Zones Allowed Uses and Permit Requirements
Key: P = Allowed by Right; DRA = Director Review and Approval; N =
Not Allowed; CUP = Conditional Use Permit
Land Use
Permit Requirement
by Zone
Additional Regulations
MX-1 MX-2
Community Care Facility, Large (up to six
residents) P P California Welfare and Institutions Code
Sections 5115 – 5120
Emergency Shelter P P
California Government Code Section
65582(d) and Health and Safety Code
Section 50801(e)
Employee Housing, up to six residents P P
Home Occupation P P 17.04.330
17.63
Low Barrier Navigation Center P P Gov. Code Section 65660-65668
Mobile Home Parks/Travel Trailer Parks CUP N
Multi-Unit Dwellings (standalone or
incorporated) P P
Single-Room Occupancy Units P P
Supportive Housing P P Gov. Code Section 65651
Transitional Housing P P Gov. Code Section 65651
C-1 Neighborhood Commercial Zone Uses
C-1 Uses Permitted P n/a 17.22.020
C-1 Uses Permitted Subject to Planning Director
Review and Approval DRA n/a 17.22.030
C-1 Uses Permitted Only by Conditional Use
Permit CUP n/a 17.24.040
C-2 Regional Commercial Zone Uses
C-2 Uses Permitted n/a P 17.24.020
C-2 Uses Permitted Subject to Planning Director
Review and Approval n/a DRA 17.24.030
C-2 Uses Permitted Only by Conditional Use
Permit n/a CUP 17.24.040
All permitted uses and regulations in the R-S-1A (residential suburban one-acre minimum lot size) zone shall
be the same as the R-1 and R-S zones except that the minimum lot size shall not be less than one acre. (Prior
code § 17.14.020)
17.12.030 Mixed-Use Zone Development StandardsR-S-2.5A (residential
suburban two-and-one-half-acre minimum lot size) zone.
A. Table 17.12-2 Mixed-Use Zone Development Standards. The intent of the mixed-use zone development
standards table is to clearly and precisely establish the basic site and structure regulations that apply to all
developments in each of the mixed-use zones. The table also indicates where additional site and structure
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requirements, including, but not limited to, off-street parking, landscaping, signage, fences and obstructions, and
performance standards, apply to mixed-use zones.
B. Density. Maximum density standards shall be consistent with this Title, the General Plan (or applicable
Master Plan, Specific Plan, or Area Plan).
Table 17.12-2
Mixed-Use Zones Development Standards
Zone
Development Feature
(minimum unless otherwise specified)
Parcel
Area (min
square feet
or acres)
Parcel
Area per
Dwelling
(min square
feet)
Height
(max.
ft.)
Distance between Structures
(min. ft.) Setbacks (min. ft.)
Between
Dwelling
Units
Between
Dwelling/
Accessory
Units
Between
Accessory
Units
Front
(ft.)
Side
(ft.) Side-Corner (ft.) Rear
(ft.)
Adjacent to:
Commercial Zone /
Non-Commercial Zone
MX-1 N/A N/A 75 10 3 3 0 5/10 5/10 10/15
MX-2 N/A N/A 120 N/A N/A N/A 0 5/10 0/10 5/15
Other
Applicable
Regulation
17.12.040
Additional Regulations
Regulation Section or Chapter
Accessory Dwelling Units Chapter 17.65
Accessory Structures Section 17.08.130
Fences, Walls, and Hedges Section 17.08.180
Height of Buildings Section 17.08.110
Landscape Standards Chapter 17.61
Multi-Unit Dwelling Objective Design Standards Chapter 17.14
Off-Street Parking and Loading Chapter 17.58
Street Setback Exceptions Section 17.08.125
Yard Encroachments Section 17.08.170
Signs Chapter 17.60
A. Uses Permitted. All permitted uses and regulations in the R-S-2.5A (residential suburban two and one-
half-acre minimum lot size) zone shall be the same as the R-1, R-S and R-S-1A zones, except that the
minimum lot size shall not be less than two and one-half acres.
B. Uses Permitted Subject to Planning Director Review and Approval. The following uses may be permitted
subject to review and approval by the planning director:
1. Nurseries and greenhouses, but not including any salesrooms or other buildings used for the sales of
the products produced;
2. Public utility or public service buildings, structures and uses;
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3. Public and private parks, playgrounds, golf courses and accessory buildings or structures necessary to
such uses;
4. Temporary recreational uses (not to exceed sixty calendar days in any twelve-month period).
C. Uses Permitted Only by Conditional Use Permit. While any use may be permitted by conditional use
permit pursuant to subsection B of Section 17.64.020, the following uses are not permitted in the R-S-2.5A
zone except by conditional use permit issued in accordance with the procedures provided in Chapter 17.64 of
this code:
1. Commercial stables;
2. Permanent recreational facilities.
(Ord. 3964 § 13, 2000; Ord. 2698 § 2, 1982; prior code § 17.14.030)
17.12.040 Other Applicable Regulations and StandardsR-S-5A (residential
suburban five-acre minimum lot size) zone.
A. MX-1 – Mixed-Use Neighborhood Zone.
Additional Standards per the Allowable Uses in Table 17.12-2.
1. Accessory Structures.
a. The accessory buildings or structures necessary for 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.
2. Caretaker Unit.
a. Dwelling for use by caretaker or night security, or as accessory and incidental to the permitted use
on the parcel.
Additional Development Standards per those in Table 17.10-2.
3. Side Setback.
a. The side and side-corner setback shall be a minimum of 10 feet when the lot abuts upon the side of
a lot in any zone other than a commercial zone.
4. Rear Setback.
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a. The rear setback shall be a minimum of 15 feet when the lot abuts upon the side of a lot in any zone
other than a commercial zone. If the lot abuts a commercial zone the rear setback can be 10 feet.
5. Multi-Story Step-backs.
a. A minimum step-back of three feet is required for all structures greater than two stories on all
elevations of the structure on no less than 60 percent of the first story structure’s wall length.
6. Separation of Uses.
a. Commercial development proposed adjacent to property zoned or designated for residential
development shall be required to be separated by a solid masonry wall constructed a minimum height
of six feet from highest grade. Any wall located within or along the front yard area shall not exceed a
height of four feet.
7. Rooftop Equipment.
a. Roof-top areas of commercial structures shall be completely screened from view by parapets or
other finished architectural features constructed to a height of the highest equipment and unfinished
structural element or architectural feature of the building. This requirement shall apply to all new
commercial construction and remodeling of existing commercial structures which involve a change of
50 percent or more of the roof structure or an addition of 50 percent or more to the floor area of the
commercial structure.
8. Encroachments.
a. An Encroachment Permit is required for any sidewalk uses including, but not limited to those
identified in Table 17.12-3.
Table 17.12-3
Mixed-Use Zone Setback Encroachments
Regulation Section or Chapter
Sills, eaves, cornices, canopies, and other similar architectural features 8 feet or more
above surface grade Allowed in setback area
Movable tables, chairs, umbrellas, outdoor heaters (outdoor seating) as allowed with
an Encroachment Permit Allowed in setback area
Movable partitions or planters to define an outdoor seating area Allowed in setback area
Bicycle racks Allowed in setback area
Trees and tree wells Allowed in setback area
Planters and planting beds extending not more than 18 inches into the setback area and
not more than 18 inches in height above grade Allowed in setback area
Bay windows, on a foundation or cantilevered, chimneys, or wells for basement
windows or stairs, occupying in the aggregate not more than 20 percent of the length
of the side of the structure on which they are located.
Allowed in setback area
Utility structures Allowed in setback area
B. MX-2 – Mixed-Use Transit Zone.
Additional Development Standards per those in Table 17.10-2.
1. Side Setback.
a. The side and side-corner setback shall be a minimum of 10 feet when the lot abuts upon the side of
a lot in any zone other than a commercial zone.
2. Rear Setback.
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a. The rear setback shall be a minimum of 15 feet when the lot abuts upon the side of a lot in any zone
other than a commercial zone. If the lot abuts a commercial zone the rear setback can be 5 feet.
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All permitted uses and regulations in the R-S-5A (residential suburban five-acre minimum lot size) zone shall
be the same as for the R-S-2.5A zone, except that the minimum lot size shall not be less than five acres. Uses
permitted in the R-S-2.5A zone subject to planning director review and approval or conditional use permit are
similarly permitted in this zone. (Ord. 2698 § 5, 1982)
17.12.050 R-S-10A (residential suburban ten-acre minimum lot size) zone.
All permitted uses and regulations in the R-S-10A (residential suburban ten-acre minimum lot size) zone shall
be the same as for the R-S-2.5A zone, except that the minimum lot size shall not be less than ten acres. Uses
permitted in the R-S-2.5A zone subject to planning director review and approval or conditional use permit are
similarly permitted in this zone. (Ord. 2697 § 6, 1982)
17.12.060 Temporary animal permits.
A. The breeding and raising of animals in numbers greater than those allowed by Section 17.12.010 of this
chapter, by minors in conjunction with a student-oriented fair project sponsored by a bona fide agricultural
organization, shall be permitted upon submission of an application for a temporary animal permit to and
approval by the planning director in accordance with the procedures set forth in this section.
B. An application for a temporary animal permit shall include the following:
1. The name and address of the applicant;
2. Name and age of minor raising the animal(s);
3. The name(s) and address(es) of the property owner(s) or legal description of the subject property;
4. Assessor’s parcel number;
5. Name of the organization sponsoring the minor, including name, phone number, and
acknowledgement from the sponsor that the minor is engaging in an activity under their program;
6. A plot plan showing the location of proposed pens, coops or areas for the breeding and raising of
animals in relation to existing residences and other buildings and structures within one hundred feet of
pens, coops or areas housing livestock.
C. A temporary animal permit shall be issued by the planning director under the following conditions:
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1. The minor shall be sponsored by a bona fide organization such as, but not limited to, Future Farmers
of America, 4-H Club, Cow-Belles and Junior Farmer.
2. The increase in animal density shall not exceed the density allowed by Section 17.12.010 of this
chapter by more than fifty percent; provided, however, that at least two and no more than six additional
animals shall be allowed.
3. The planning director may permit the raising of one swine provided all other standards in this chapter
are satisfied.
4. The written consent of the owners or occupants of all abutting property shall be obtained.
5. The applicant shall allow inspection of animal maintenance facilities by the city and any animal
control agencies during the effective period of the permit upon request.
6. Each additional animal authorized by the temporary animal permit over the allowable animal density
specified in Section 17.12.010 of this chapter shall be removed upon expiration of the permit.
D. Any permit issued pursuant to this section may be revoked or modified whenever the planning director has
a reasonable suspicion that any person to whom such permit has been issued has violated any of the provisions
of this chapter. Notification of such revocation or modification shall be served by certified mail upon the
permit-holder, and shall be effective upon mailing. Such revocation or modification may be appealed to the
city council within ten days of receipt of notification of such revocation or modification.
E. All temporary animal permits shall be effective for a period not to exceed six months from the effective
date of the permit. No more than one such permit shall be approved for any lot within a one-year period. (Ord.
3465 § 2, 1992)
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Chapter 17.14
R-2 LIMITED MULTIPLE-FAMILY DWELLING ZONEMULTI-UNIT
RESIDENTIAL OBJECTIVE SITE DESIGN STANDARDS
Sections:
17.14.010 Purpose and IntentGenerally.
17.14.020 Required Amenities for All Multi-Unit Dwelling ProjectsUses permitted.
17.14.025 Uses permitted only by conditional use permit.
17.14.026 Additional requirements.
17.14.030 Multi-Unit Objective Standards Applicable to the R-2 and R-3 ZonesBuilding height.
17.14.040 Multi-Unit Objective Standards Applicable to the R-4, R-5, R-6, MX-1, and MX-2
ZonesFront yard.
17.14.050 Side yards.
17.14.060 Rear yard.
17.14.070 Minimum lot area.
17.14.080 Distance between buildings on the same lot.
17.14.010 Purpose and IntentGenerally.
A. Purpose and Intent. The purpose of Multi-Unit Objective Design Standards is to provide developers with a
clear understanding of the City’s expectations for all multi-unit residential project design. The design standards
are written as objective requirements that use “shall” and “will” statements to confer mandatory compliance,
opposed to the more permissive/subjective language. Accordingly, all multi-unit residential projects shall
comply with each objective design standard. Importantly, the design standards regulate site and structure design
only. All multi-unit residential projects are required to comply with all applicable building permit requirements,
zoning ordinance requirements, development standards (e.g., ingress/egress, height and setbacks, drainage, etc.),
and all other applicable City regulations.
The regulations set out in this chapter shall apply in the R-2 limited multiple-family dwelling zone unless
otherwise provided in this title. (Prior code § 17.15.010)
17.14.020 Required Amenities for All Multi-Unit Dwelling ProjectsUses
permitted.
A. Purpose. All multi-unit dwelling projects shall include a mixture of amenities and open space
(private/public) components based on a points system. Projects shall select amenities out of the list provided in
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Table 17.14-2 below based on the required points for the size of the proposed development as shown in Table
17.14-1.
B. Swimming Pool Requirements. Swimming pools are required for multi-unit residential developments with
51 or more dwelling units, in addition to the required amenities and points associated with each amenity in Tables
17.14-1 and 17.14-2.
C. Table 17.14-1
Multi-Unit Dwelling Project Size and Required Amenities
Size of Project (number of dwelling units) Points Value (minimum)
1-10 25
11-25 75
26-50 125
51-100 150
101 and up 200
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Table 17.14-1
Multi-Unit Dwelling Amenities Points System
Type of Amenity Points Value per Amenity
Courtyard -
With seating and/or tables for at least 4 people 25
With seating and/or tables for at least 10 people 35
With seating and/or tables for at least 20 people 50
Pergola, shade, trellis, or arbor structure (maximum height of
10 feet)
15
Tot Lot with at least 3 pieces of play equipment including
slides, swings, monkey bars, climbing walls, etc.
35
Community Garden with at least five garden beds measuring
25 square feet each
20
Permanent affixed barbecue (per barbeque unit) 15
Outdoor kitchen with a countertop, sink, an appliance and
seating and tables for at least 10 people
50
Sports Courts -
Tennis Court 50
Pickleball Court 25
Basketball 50
Bocce ball 30
Swimming Pool 80
Hot tub 40
Splash Pad Fountain no smaller than 50 square feet 25
Open Lawn Areas no smaller than 100 sq ft 10
Amphitheater seating for at least 25 people 75
Podium Outdoor Area 40
Rooftop Outdoor Area 65
Community Room -
Library Room with bookshelves and seating for at
least 5 people
20
Media Room with television and seating for at least
10 people
25
Game Room with a least two game tables or consoles 35
Gathering Room with countertop, cabinets, and sink 50
Gym/Fitness Room with at least 5 pieces of gym
equipment
50
Co-working space with wi-fi, tables and seating for
at least 8 people, and a bathroom
75
Bicycle Lockers 20
Package Lockers 10
On-site laundry facilities 20
Pet Washing Stations for up to a minimum of two 50 lb dogs 20
Fenced Dog Park with trash can -
Measuring at least 50 feet by 20 feet 25
Measuring at least 100 feet by 20 feet with a dog
waste bag dispenser and dog water fountain.
45
Yoga room 10
The following uses are permitted in an R-2 zone:
A. Any use permitted in an R-1 zone;
B. Limited multiple-family dwellings;
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C. The accessory buildings or structures necessary to such use, located on the same lot or parcel or land.
Accessory buildings on lots developed with one family dwellings shall not exceed twelve percent of the area of
the lot. (Ord. 3681 § 2, 1995; prior code § 17.15.020)
17.14.025 Uses permitted only by conditional use permit.
A. The following uses are permitted in an R-2 zone only with the approval of a conditional use permit issued
in accordance with the procedures provided in Chapter 17.64 of this code:
1. Roominghouse. (Ord. 5008 § 4, 2020)
17.14.026 Additional requirements.
The following requirements shall apply to all development permitted by this chapter:
A. All permitted and conditional uses pursuant to this chapter shall be subject to site plan review as provided
in Chapter 17.08 of this code.
B. Landscaping shall be subject to the requirements of Chapter 17.61 of this code. In addition, projects with
four units or less a block wall and landscaping is required along arterial streets.
C. Off-street parking and loading shall be subject to the requirements of Chapter 17.58 of this code.
D. Signs shall be subject to the requirements of Chapter 17.60 of this code.
E. For multiple-family dwellings with four units or less, the living room, main entrance and windows for the
street-facing end unit and side units must face the street and public sidewalk. For all units, utility and other
mechanical equipment shall not be visible from the street, and architectural elevations for adjacent buildings
shall be significantly different (i.e.: different elevation, roof types, colors, or other structural elements.) This
requirement shall not apply to any lot less than ten thousand square feet and, that is not part of, or adjacent to
multi-family subdivisions or other multi-family projects that existed prior to the effective date of this
ordinance. Duplexes and triplexes shall comply with these requirements regardless of lot size, location or
adjacent development. Refuse containers shall not be located within the front yard, and if visible from the
street shall be located within a masonry enclosure with metal gates.
F. Each multi-family development shall provide and maintain a minimum of twenty percent of the gross area
of the site as open space. This shall include two hundred square feet of contiguous landscape space per lot, not
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
less than twenty feet in width or depth at any point. Open space shall not be deemed to include buildings,
driveways, parking areas, or other surfaces designed or intended for vehicular travel. Required front building
setbacks and street frontage setbacks shall not be included in calculating usable open space. This requirement
shall not apply to any lot less than ten thousand square feet and, that is not part of, or adjacent to multi-family
subdivisions or other multi-family projects that existed prior to the effective date of this section.
G. A solid masonry wall constructed at a minimum height of six feet from highest grade shall be required for
multi-family development proposed where the rear or side property line separates a lot zoned R-1, R-2 of a
single family character, MH or a PUD project of a single-family character. Any wall located within or along
the front yard area shall not exceed a height of four feet. This requirement shall not apply to any lot less than
ten thousand square feet and, that is not part of, or adjacent to multi-family subdivisions or other multi-family
projects that existed prior to the effective date of this section. (Ord. 4104 §§ 1-3, 2003; Ord. 3925 § 1, 1999; Ord. 3875
§§ 3, 4, 1998; Ord. 3835 § 7, 1998; Ord. 2699 § 1, 1982)
17.14.030 Multi-Unit Objective Standards Applicable to the R-2 and R-3
ZonesBuilding height.
A. Connectivity.
1. Vehicular Circulation.
a. Parking areas shall be internally connected and shall use shared driveways within the development.
This standard applies only within the development. Developments are not required to share driveways
with neighboring properties.
b. Parking areas shall not be located in the front setback area.
c. Side and rear parking areas visible from a street shall include a minimum two-foot landscape buffer
including a planting strip; a screening feature, such as a hedge, that is three feet high; and trees planted
every 30 lineal feet. Trees, hedges, and shrubs shall be classified as Very Low (0-0.1) or Low (0.1-0.3)
in the Water Use Classification of Landscape Species Classification System (WUCOLS) and shall be
of evergreen variety to provide screening throughout the year.
d. Parking Lot Shade.
i.One shade tree shall be planted for every six parking spaces.
ii.A minimum of 50 percent of the trees shall be deciduous, as they provide shade in the summer and
sun in the winter.
iii.Covered parking areas with solar capture technology are exempt from this requirement.
2. Pedestrian/Bicycle Circulation.
a. All structures, facilities, parking areas, amenities, and common areas shall be internally connected
by pedestrian pathways.
b. Pedestrian pathways shall be separated from parking areas by landscaping, curbs, or other edge
treatments.
c. Pedestrian pathways shall be directly connected to adjacent public sidewalks on each street frontage.
3. Fences and Walls.
a. The following materials are prohibited for all fences and walls:
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
i.Electrified fencing;
ii.Barb wire/razor wire;
iii.Fencing using other sharp objects such as spires and glass;
iv.Cyclone fencing;
v.Vinyl; and
vi.Chain link.
vii.Materials not originally intended as fencing materials, such as pallets, corrugated metal or fiberglass,
plywood or particle board sheeting, plastic tarps, sailcloth etc.
4. Glazing.
a. Structures shall incorporate the use of energy efficient glazing on windows and glass doors to reduce
heat loss and gain.
5. Multi-Unit Dwellings Trash and Recycling Enclosures.
a. Trash and recycling enclosures shall include the following:
i.Constructed with masonry walls with finished metal doors. Masonry walls and metal doors shall be
painted in accordance with the approved color palette for the project.
ii.Both a vehicle access gate and pedestrian access gate.
iii.Downward lighting for safety and security.
6. Multi-Unit Dwelling Storage Spaces.
a. A minimum of 10 square feet (80 cubic feet) of outdoor storage space accessible from each unit’s
ground floor patio or upper floor balcony shall be provided for all units.
b. Outdoor storage areas shall be covered and able to be locked.
7. Outdoor Lighting.
a. Pedestrian-oriented lighting shall be provided in active pedestrian areas (i.e., paseos, sidewalks,
pathways, etc.)
b. Lighting for upper floor unit entries and exposed stairways shall be completely directed at the
structure so that the illuminated bulb is not visible from neighboring residential properties at ground
level.
c. Pedestrian pathway lighting features shall not exceed eight feet in height.
d. Lighting in parking areas shall not exceed 16 feet in height.
e. Active pedestrian areas shall incorporate free-standing lighting separate from structures.
f. Bicycle parking areas shall be illuminated.
g. Pedestrian pathways shall have illumination levels of 0.5 foot-candles as a maintained minimum at
the walking surface to identify any level changes or changes in walking conditions.
h. Overhead sports court lighting shall illuminate only the intended area.
i. Light trespass onto neighboring lots is prohibited.
j. Outdoor lighting shall use energy efficient lighting technology and shall be shielded downward to
reduce glare and light pollution.
k. Gateway entry signs, directional signs, and unit and structure identifiers shall be externally
illuminated for visibility at night.
l. Exposed bulbs are prohibited.
m. Colored bulbs and lenses are prohibited.
8. Primary Structure Entrances.
a. Entry Lighting.
i.All primary structure entrances shall include dusk to dawn lighting for safety and security.
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b. Interior-Facing Structures.
i.The primary entrance of each interior-facing structure shall be oriented to paseos, courtyards,
pathways, and active landscape areas.
ii.For safety, units not facing the street shall be oriented to provide visual access to entryways,
pedestrian pathways, recreation areas, and common facilities from private dwelling units.
c. Street-Facing Structures.
i.Structures at the street shall have a front entry oriented to the street.
9. Property Access.
a. If parking facilities are provided, there shall be vehicular access from a dedicated and improved
street, easement, or alley to off-street parking facilities.
10. Crime Prevention through Environmental Design (CPTED).
a. To provide "eyes on the street" surveillance, the largest window or group of windows of a minimum
of one of the following rooms shall view the street: living room, dining room, family room, or kitchen.
b. Units not facing the street shall be oriented to provide visual access to structure entries, pedestrian
pathways, recreation areas, and common facilities from dwelling units.
c. Drainpipes, parapets, and ledges shall not be located within three feet of windows, corridors, and
balconies. If such placement is not feasible, they shall face parking lots, public spaces, and roads.
11. Signs.
a. Entryways, structure addresses, amenities, and individual units shall be identified with signage.
b. Developments with more than one structure containing dwelling units shall also include directory
signs in parking areas and along pedestrian pathways.
c. All signs shall comply with Chapter 17.60 of the Zoning Code.
12. Structure Orientation.
a. Structures shall incorporate parcel design measures that reduce heating and cooling needs by
orienting structures (both common facilities and private dwelling units) on the parcel to reduce heat loss
and gain depending on the time of day and season of the year.
Building heights in an R-2 zone shall not exceed thirty-five feet. (Ord. 4301 § 1, 2006; prior code § 17.15.030)
17.14.040 Multi-Unit Objective Standards Applicable to the R-4, R-5, R-6, MX-
1, and MX-2 ZonesFront yard.
A. Connectivity.
1. Vehicular Circulation. If parking is proposed for the mulit-unit residential development, the following
vehicular standards shall be implemented:
a. Parking areas shall be internally connected and shall use shared driveways within the development.
This standard applies only within the development. Developments are not required to share driveways
with neighboring properties.
b. Parking areas shall not be located in the front setback area.
c. Side and rear parking areas visible from a street shall include a minimum two foot landscaped buffer
including a planting strip; a screening feature, such as a hedge, that is three feet high; and trees planted
every 30 lineal feet. Trees, hedges, and shrubs shall be classified as Very Low (0-0.1) or Low (0.1-0.3)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
in the Water Use Classification of Landscape Species Classification System (WUCOLS) and shall be
of evergreen variety to provide screening throughout the year.
d. Parking Lot Shade.
i.One shade tree shall be planted for every six parking spaces. A minimum of 50 percent of the trees
shall be deciduous, as they provide shade in the summer and sun in the winter.
ii.Covered parking areas with solar capture technology are exempt from this requirement.
2. Pedestrian circulation.
a. All structures, facilities, parking areas, amenities, and common areas shall be internally connected
by pedestrian pathways.
b. Pedestrian pathways shall be separated from parking areas by landscaping, curbs, or other edge
treatments.
c. Pedestrian pathways shall be directly connected to adjacent public sidewalks on each street frontage.
3. Glazing.
a. Structures shall incorporate the use of energy efficient glazing on windows and glass doors to reduce
heat loss and gain.
4. Ground Floor Commercial Spaces.
a. Mixed-used structures with nonresidential ground floor uses shall design the ground floor with
minimum 15-foot ceiling height to accommodate a variety of uses.
5. Fences and Walls.
a. The following materials are prohibited for all fences and walls:
i.Electrified fencing;
ii.Barb wire/razor wire;
iii.Fencing using other sharp objects such as spires and glass;
iv.Cyclone fencing;
v.Vinyl; and
vi.Chain link.
vii.Materials not originally intended as fencing materials, such as pallets, corrugated metal or fiberglass,
plywood or particle board sheeting, plastic tarps, sailcloth etc.
6. Outdoor Lighting.
a. Pedestrian-oriented lighting shall be provided in active pedestrian areas (i.e., paseos, sidewalks,
pathways, etc.)
b. Lighting for upper floor unit entries and exposed stairways shall be completely directed at the
structure so that the illuminated bulb is not visible from neighboring residential properties at ground
level.
c. Pedestrian pathway lighting features shall not exceed eight feet in height.
d. Lighting in parking areas shall not exceed 16 feet in height.
e. Active pedestrian areas shall incorporate free-standing lighting separate from structures.
f. Bicycle parking areas shall be illuminated.
g. Pedestrian pathways shall have illumination levels of 0.5 foot-candles as a maintained minimum at
the walking surface to identify any level changes or changes in walking conditions.
h. Overhead sports court lighting shall illuminate only the intended area. Light trespass onto
neighboring lots is prohibited.
i. Outdoor lighting shall use energy efficient lighting technology and shall be shielded downward to
reduce glare and light pollution.
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
j. Gateway entry signs, directional signs, and unit and structure identifiers shall be externally
illuminated for visibility at night.
k. Exposed bulbs are prohibited.
l. Colored bulbs and lenses are prohibited.
7. Multi-Unit Dwelling Storage Spaces.
a. A minimum of 10 square feet (80 cubic feet) of outdoor storage space accessible from each unit’s
ground floor patio or upper floor balcony shall be provided for all units.
b. Outdoor storage areas shall be covered and able to be locked.
8. Parking Structures.
a. If parking structures are proposed as part of the multi-unit residential development, the parking
structure openings on each level shall be screened with decorative paneling or vertical vegetation (e.g.,
vines).
9. Crime Prevention through Environmental Design (CPTED).
a. To provide "eyes on the street" surveillance, the largest window or group of windows of a minimum
of one of the following rooms shall view the street: living room, dining room, family room, or kitchen.
b. Units not facing the street shall be oriented to provide visual access to structure entries, pedestrian
pathways, recreation areas, and common facilities from dwelling units.
c. Drainpipes, parapets, and ledges shall not be located within three feet of windows, corridors, and
balconies. If such placement is not feasible, they shall face parking lots, public spaces, and roads.
10. Screening.
a. All screening of ground-mounted and roof-mounted equipment shall be painted in accordance with
the approved color palette for the project.
11. Signs.
a. Entryways, structure addresses, amenities, and individual units shall be identified with signage.
Developments with more than one structure containing dwelling units shall also include directory signs
in parking areas and along pedestrian pathways.
b. All signs shall comply with Chapter 17.60 of the Zoning Code.
12. Street-facing façade transparency.
a. Mixed-use structures with ground floor commercial uses shall have windows that make up a
minimum of 60 percent of the ground floor frontage.
13. Structure Entry.
a. All structures located adjacent to a street shall have at least one primary entry door facing the
sidewalk.
b. All ground floor entrances shall include a direct connection to the sidewalk.
c. Exterior stairways/stairwells that are not enclosed shall not be visible from the public right-of-way.
14. Trash and Recycling Enclosures.
a. All trash and recycling enclosures shall include the following:
i.Constructed with masonry walls with finished metal doors. Masonry walls and metal doors shall be
painted in accordance with the color palette submitted for the project.
ii.Both a vehicle access gate and pedestrian access gate.
iii.Downward lighting for safety and security.
iv.Separated from adjacent parking stalls by a minimum 3-foot-wide planter with low growing native
plants.
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
A. Except as otherwise provided in Section 17.08.125, there shall be a front yard of not less than fifteen feet
in depth measured from the front lot line. If a garage or carport opening faces a public or private street, such
garage or carport whether attached to or detached from the main building, shall be set back not less than
twenty feet. However, the garage/carport provision shall not apply to homes located within Tract 5728.
B. The front yard setback shall be determined by the intersection of the first or each successive story with a
forty-five degree airspace diagonal as defined in Section 17.04.035. Roofs, parapets and appurtenances may
not extend more than ten feet beyond the air space diagonal.
C. For multiple-family dwellings with four units or less front yard setbacks shall be a minimum of fifteen feet
and shall have an average setback of twenty feet or every third lot shall have a front yard setback of twenty
feet. (Ord. 3875 § 1, 1998; Ord. 3539 § 3, 1993; Ord. 2699 § 2, 1982; prior code § 17.15.040)
17.14.050 Side yards.
A. There shall be a side yard for the main building of not less than five feet.
B. For corner lots, the side yard on the street side frontage shall not be less than ten feet; however, the side
yard may be reduced to five feet for swimming pools and spas. If a garage or carport opening faces a public or
private street, such garage or carport, whether attached to or detached from the main building, shall be set back
not less than twenty feet.
C. For multiple-family dwellings only, where the side yard separates a lot in an R-2 zone from an adjacent lot
zoned R-1, E, MH, or a PUD or R-2 project of one family character with private rear and/or side yards, the side
yard shall not be less than ten feet for the first story and twenty-five feet for the second and additional stories.
(Ord. 3797 § 1, 1997; Ord. 3681 § 2, 1995; Ord. 3539 § 4, 1993; prior code § 17.15.050)
17.14.060 Rear yard.
A. There shall be a rear yard upon each lot in an R-2 zone behind every main building of not less than twenty-
five feet or twenty percent of the depth of the lot, whichever is less; provided, however, the rear yard may be
reduced to five feet if not more than fifty percent of the lot is covered by buildings or structures.
B. For multiple-family dwellings only, where the rear property line separates a lot in an R-2 zone from an
adjacent lot zoned R-1, E, MH or a PUD or R-2 project of one family character with private rear and/or side
yards, the rear yard shall not be less than ten feet for the first story and twenty-five feet for the second and
additional stories. (Ord. 3681 § 2, 1995; Ord. 2980 § 1, 1985; prior code § 17.15.060)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
17.14.070 Minimum lot area.
A. For multiple-family dwellings with five units or more per lot the minimum lot area shall be not less than
six thousand square feet, and the minimum lot area shall be not less than two thousand five hundred square feet
per dwelling unit. When a nonconforming lot has less than six thousand square feet and was recorded in the
office of the county recorder at the time of the passage of the ordinance codified in this section, said lot may be
occupied by not more than one dwelling unit for each two thousand five hundred square feet.
B. For one-family dwellings the minimum lot size may be reduced to four thousand five hundred square feet
per dwelling unit in accordance with Section 16.28.170(O)(3). (Ord. 4232 § 7, 2005; Ord. 4104 § 6, 2003; Ord. 3875
§ 2, 1998; Ord. 3681 § 2, 1995; Ord. 2699 § 3, 1982; prior code § 17.15.070)
17.14.080 Distance between buildings on the same lot.
Minimum distance requirements between buildings on the same lot in an R-2 zone shall be as follows:
A. Ten feet between dwelling units;
B. Three feet between a dwelling unit and an accessory building. A lesser distance is permitted, however, the
buildings will be considered attached and subject to all dwelling unit setbacks, and the regulations of the
Building Code as adopted by the city;
C. Three feet between accessory buildings. A lesser distance is permitted, however, the buildings will be
considered attached and subject to all regulations as they may pertain to accessory buildings based on this
combined area, and the regulations of the Building Code as adopted by the city. (Ord. 4715 § 1, 2012; Ord. 3964
§ 14, 2000; prior code § 17.15.080)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Chapter 17.16
RESERVEDR-3 MULTIPLE-FAMILY DWELLING ZONE
Sections:
17.16.010 Generally.
17.16.020 Uses permitted.
17.16.025 Uses permitted only by conditional use permit.
17.16.026 Additional requirements.
17.16.030 Building height.
17.16.040 Front yard.
17.16.050 Side yards.
17.16.060 Rear yard.
17.16.070 Minimum lot area.
17.16.080 Distance between buildings on the same lot.
17.16.010 Generally.
The regulations set out in this chapter shall apply in the R-3 multiple-family dwelling zone unless otherwise
provided on this title. (Ord. 4302 § 2, 2006; prior code § 17.17.010)
17.16.020 Uses permitted.
The following uses are permitted in an R-3 zone:
A. Any use permitted in the R-1 and R-2 zones;
B. Multiple-family dwellings and apartment houses;
C. The accessory buildings or structures necessary to such use located on the same lot or parcel of land. (Prior
code § 17.17.020)
17.16.025 Uses permitted only by conditional use permit.
A. The following uses are permitted in an R-3 zone only with the approval of a conditional use permit issued
in accordance with the procedures provided in Chapter 17.64 of this code:
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1. Roominghouse. (Ord. 5008 § 5, 2020)
17.16.026 Additional requirements.
The following requirements shall apply to all development permitted by this chapter:
A. All permitted and conditional uses pursuant to this chapter shall be subject to site plan review as provided
in Chapter 17.08 of this code.
B. Landscaping shall be subject to the requirements of Chapter 17.61 of this code.
C. Off-street parking and loading shall be subject to the requirements of Chapter 17.58.
D. Signs shall be subject to the requirements of Chapter 17.60 of this code.
E. A solid masonry wall constructed at a minimum height of six feet from highest grade shall be required for
multi-family development proposed where the rear or side property line separates a lot zoned R-1, R-2 of a
single-family character, MH or a PUD project of a single-family character. Any wall located within or along
the front yard area shall not exceed a height of four feet. This requirement shall not apply to any lot less than
ten thousand square feet and, that is not part of, or adjacent to multi-family subdivisions or other multi-family
projects that existed prior to the effective date of the ordinance codified in this section. (Ord. 4910 § 1, 2017; Ord.
3835 § 8, 1998; Ord. 2700 § 1, 1982)
17.16.030 Building height.
Building heights in an R-3 zone shall not exceed forty-five feet. (Ord. 4302 § 3, 2006; prior code § 17.17.030)
17.16.040 Front yard.
A. Except as otherwise provided in Section 17.08.125, there shall be a front yard of not less than fifteen feet
in depth measured from the front lot line. If a garage or carport opening faces a public or private street, such
garage or carport whether attached to or detached from the main building, shall be set back not less than
twenty feet.
B. The front yard setback shall be determined by the intersection of the first or each successive story with a
forty-five degree airspace diagonal as defined in Section 17.04.035. Roofs, parapets and appurtenances may
not extend more than ten feet beyond the air space diagonal. (Ord. 3539 § 5, 1993; Ord. 2700 § 2, 1982; prior code
§ 17.17.040)
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17.16.050 Side yards.
A. There shall be a side yard for the main building of not less than five feet.
B. For corner lots, the side yard on the street side frontage shall not be less than ten feet; however, the side
yard may be reduced to five feet for swimming pools and spas. If a garage or carport opening faces a public or
private street, such garage or carport whether attached to or detached from the main building, shall be set back
not less than twenty feet. (Ord. 3539 § 6, 1993; prior code § 17.17.050)
17.16.060 Rear yard.
There shall be a rear yard upon each lot in an R-3 zone behind every main building of not less than fifteen feet;
provided, however, except where the rear property line separates a lot in an R-3 zone from an adjacent lot
zoned R-1, R-S, R-S-1A, MH or a PUD project of single-family character with private rear and/or side yards,
the rear yard may be reduced to five feet if not more than fifty-five percent of the lot is covered by buildings or
structures. Whenever the rear property line separates the lot from a lot described in the above exception, the
rear yard shall be not less than ten feet for the first story and twenty-five feet for any second and additional
stories. (Ord. 2980 § 2, 1985; prior code § 17.17.060)
17.16.070 Minimum lot area.
A. The minimum lot area shall be not less than six thousand square feet, and the minimum lot area shall be
not less than one thousand two hundred fifty square feet per dwelling unit. When a nonconforming lot has less
than six thousand square feet and was recorded in the office of the county recorder at the time of passage of the
ordinance codified in this section, such lot may be occupied by not more than one dwelling unit for each one
thousand two hundred fifty square feet.
B. Where there is an alley to the rear of the lot, the minimum lot area may be measured to the center of said
alley.
C. A lot may be less than the minimum provided it is a lot shown on a recorded subdivision map approved by
the city. (Ord. 2700 § 3, 1982; prior code § 17.17.070)
17.16.080 Distance between buildings on the same lot.
Minimum distance requirements between buildings on the same lot in an R-3 zone shall be as follows:
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A. Ten feet between dwelling units;
B. Three feet between a dwelling unit and an accessory building. A lesser distance is permitted, however, the
buildings will be considered attached and subject to all dwelling unit setbacks, and the regulations of the
Building Code as adopted by the city;
C. Three feet between accessory buildings. A lesser distance is permitted, however, the buildings will be
considered attached and subject to all regulations as they may pertain to accessory buildings based on this
combined area, and the regulations of the Building Code as adopted by the city. (Ord. 4715 § 1, 2012; Ord. 3964
§ 15, 2000; prior code § 17.17.080)
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Chapter 17.18
RESERVEDR-4 HIGH DENSITY MULTIPLE-FAMILY DWELLING ZONE
Sections:
17.18.010 Generally.
17.18.020 Uses permitted.
17.18.025 Uses permitted only by conditional use permit.
17.18.026 Additional requirements.
17.18.030 Building height.
17.18.040 Front yard.
17.18.050 Side yards.
17.18.060 Rear yard.
17.18.070 Minimum lot area.
17.18.080 Distance between buildings on the same lot.
17.18.010 Generally.
The restriction set out in this chapter shall apply in the R-4 high density multiple-family dwelling zone unless
otherwise provided in this title. (Ord. 4303 § 2, 2006; prior code § 17.19.010)
17.18.020 Uses permitted.
The following uses are permitted in an R-4 zone:
A. Any use permitted in the R-1, R-2 or R-3 zones;
B. Any of the following uses:
1. Apartment house,
2. Apartment hotel,
3. Church,
4. School, elementary or high,
5. Residential facility housing groups of people with disabilities as required to be permitted by federal
law,
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6. Roominghouse,
7. Institutions of educational, philanthropic or charitable nature,
8. Lodge halls and private clubs, excepting clubs the chief activity of which is a service customarily
carried on as a business;
C. The accessory buildings or structures necessary to such use located on the same lot or parcel of land. (Ord.
3964 § 16, 2000; Ord. 3362 § 1, 1991; Ord. 3324 § 1, 1990; prior code § 17.19.020)
17.18.025 Uses permitted only by conditional use permit.
A. The following uses are permitted in an R-4 zone only with the approval of a conditional use permit issued
in accordance with the procedures provided in Chapter 17.64 of this code:
1. Certified farmers markets;
2. Food and/or shelter service as defined in Section 17.04.285;
3. Residential facilities housing seven or more juveniles or adults in custody or court-ordered living
restrictions for violations of local, state and federal law, including, but not limited to, halfway houses and
detention centers. (Ord. 5008 § 5, 2020; Ord. 3746 § 3, 1997; Ord. 3362 § 2, 1991; Ord. 3324 § 2, 1990; Ord. 3174 § 2,
1988; Ord. 2818 § 2, 1983)
17.18.026 Additional requirements.
The following requirements shall apply to all development permitted by this chapter:
A. All permitted and conditional uses pursuant to this chapter shall be subject to site plan review as provided
in Chapter 17.08 of this code.
B. Landscaping shall be subject to the requirements of Chapter 17.61 of this code.
C. Off-street parking and loading shall be subject to the requirements of Chapter 17.58.
D. Signs shall be subject to the requirements of Chapter 17.60 of this code.
E. A solid masonry wall constructed at a minimum height of six feet from highest grade shall be required for
multi-family development proposed where the rear or side property line separates a lot zoned R-1, R-2 of a
single-family character, MH or a PUD project of a single-family character. Any wall located within or along
the front yard area shall not exceed a height of four feet. This requirement shall not apply to any lot less than
ten thousand square feet and, that is not part of, or adjacent to multi-family subdivisions or other multi-family
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projects that existed prior to the effective date of the ordinance codified in this section. (Ord. 4910 § 2, 2017; Ord.
3835 § 9, 1998; Ord. 2701 § 1, 1982)
17.18.030 Building height.
Building heights in an R-4 zone shall not exceed sixty-five feet. (Ord. 4303 § 3, 2006; Ord. 2701 § 2, 1982; prior code
§ 17.19.030)
17.18.040 Front yard.
A. Except as otherwise provided in Section 17.08.125, there shall be a front yard of not less than fifteen feet
in depth measured from the front lot line. If a garage or carport opening faces a public or private street, such
garage or carport whether attached to or detached from the main building, shall be set back not less than
twenty feet.
B. The front yard setback shall be determined by the intersection of the first or each successive story with a
forty-five degree airspace diagonal as defined in Section 17.04.035. Roofs, parapets and appurtenances may
not extend more than ten feet beyond the air space diagonal. (Ord. 3539 § 7, 1993; Ord. 2701 § 2, 1982; prior code
§ 17.19.040)
17.18.050 Side yards.
A. There shall be a side yard for the main building of not less than five feet.
B. For corner lots, the side yard on the street side frontage shall not be less than ten feet; however, the side
yard may be reduced to five feet for swimming pools and spas. If a garage or carport opening faces a public or
private street, such garage or carport whether attached to or detached from the main building, shall be set back
not less than twenty feet. (Ord. 3539 § 8, 1993; prior code § 17.19.050)
17.18.060 Rear yard.
There shall be a rear yard upon each lot in an R-4 zone behind every main building of not less than fifteen feet;
provided, however, except where the rear property line separates a lot in an R-4 zone from an adjacent lot
zoned R-1, R-S, R-S-1A, MH, or a PUD project of single-family character with private rear and/or side yards,
the rear yard may be reduced to five feet if not more than sixty percent of the lot is covered by buildings or
structures. Whenever the rear property line separates the lot from a lot described in the above exception, the
rear yard shall not be less than ten feet for the first story and twenty-five feet for any second and additional
stories. (Ord. 2980 § 3, 1985; prior code § 17.19.060)
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17.18.070 Minimum lot area.
A. The minimum lot area shall be not less than six thousand square feet, and the minimum lot area shall be
not less than six hundred square feet per dwelling unit. When a nonconforming lot has less than six thousand
square feet and was recorded in the office of the county recorder at the time of the passage of the ordinance
codified in this section, such lot may be occupied by not more than one dwelling unit for each six hundred
square feet.
B. Where there is an alley to the rear of the lot, the minimum lot area may be measured to the center of the
alley.
C. A lot may be less than the minimum provided it is a lot as shown on a recorded subdivision map approved
by the city. (Ord. 2701 § 3, 1982; prior code § 17.19.070)
17.18.080 Distance between buildings on the same lot.
Minimum distance requirements between buildings on the same lot in an R-4 zone shall be as follows:
A. Ten feet between dwelling units;
B. Three feet between a dwelling unit and an accessory building. A lesser distance is permitted, however, the
buildings will be considered attached and subject to all dwelling unit setbacks, and the regulations of the
Building Code as adopted by the city;
C. Three feet between accessory buildings. A lesser distance is permitted; however, the buildings will be
considered attached and subject to all regulations as they may pertain to accessory buildings based on this
combined area, and the regulations of the Building Code as adopted by the city. (Ord. 4715 § 1, 2012; Ord. 3964
§ 17, 2000; prior code § 17.19.080)
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Chapter 17.19
RESERVED RH (RESIDENTIAL HOLDING) ZONE
Sections:
17.19.010 Generally.
17.19.020 Uses permitted.
17.19.030 Building height, yards and distance between buildings.
17.19.040 Minimum lot area.
17.19.010 Generally.
The following regulations shall apply in the RH (residential holding) zone unless otherwise provided in this
title. This zone is intended to be used to retain large undeveloped or underdeveloped land areas for future
urban development. Once development is proposed, a change of zoning will be required to zone districts
consistent with the general plan. This will ensure that development progresses in an orderly and logical manner
consistent with the city’s growth policies. The RH zone is considered agricultural in nature as it will allow
both agricultural and petroleum resource uses to continue their operations until such time urbanization takes
place. (Ord. 3564 § 2, 1993; Ord. 2702 § 1, 1982)
17.19.020 Uses permitted.
The following uses are permitted in an RH zone:
A. Agricultural and horticultural uses including nurseries, greenhouses, orchards, aviaries or the raising of
field crops, tree crops, berry or bush crops or vegetable or flower gardening on a commercial scale;
B. The keeping of bovine animals, horses, mules and sheep; provided, that the number thereof shall not
exceed a number per acre equal to four adult animals in any combination of the foregoing animals and their
immature offspring;
C. Accessory agricultural buildings and uses, including farm buildings, housing for agricultural workers,
garages and implement shelters, provided no livestock or any building or enclosure used in connection with
livestock shall be located nearer than one hundred feet to the front lot line, nor nearer than fifty feet to any
existing dwelling on any contiguous property, nor nearer than one hundred feet to any public park, school,
hospital or similar institution;
D. Any use permitted in the R-1 zone;
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E. Breeding, hatching and raising of poultry and fowl;
F. Breeding and raising of rabbits and other fur-bearing animals. (Ord. 3964 § 18, 2000; Ord. 3564 §§ 4, 5, 1993;
Ord. 3477 § 7, 1992; Ord. 2702 § 1, 1982)
17.19.030 Building height, yards and distance between buildings.
The regulations shall be the same as the R-1 zone; however, all buildings shall be located not less than one
hundred ten feet from the centerline of any existing or proposed public street or highway, and all dwellings
shall be located not less than one hundred feet apart. (Ord. 3564 § 3, 1993; Ord. 2702 § 1, 1982)
17.19.040 Minimum lot area.
The minimum lot area shall not be less than twenty acres; provided however, that a lot of less area than herein
required shall be permitted if said lot was legally created as a separate lot and recorded as such prior to this
zone being applicable to that lot. (Ord. 3564 § 6, 1993)
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Chapter 17.20
C-O PROFESSIONAL AND ADMINISTRATIVE OFFICE ZONE*
Sections:
17.20.010 Generally.
17.20.020 Uses permitted.
17.20.030 Uses subject to planning director review and approval.
17.20.040 Uses permitted only by conditional use permit.
17.20.050 Additional requirements.
17.20.060 Building height.
17.20.070 Front yard.
17.20.080 Side yards.
17.20.090 Rear yard.
17.20.100 Minimum lot area.
17.20.110 Distance between buildings on the same lot.
* Prior history: prior code §§ 17.23.010—17.23.070 and Ord. 2703.
17.20.010 Generally.
The regulations set out in this chapter shall apply in the C-O professional and administrative office zone unless
otherwise provided in this title. The purpose of this zone is to designate areas suitable for business and
professional office development. The C-O zone may also serve as a buffer between regional commercial and
residential areas. (Ord. 3395 § 1, 1991)
17.20.020 Uses permitted.
The following uses are permitted in a C-O zone;
A. Any one or more of the following uses:
1. Accounting, auditing, tax preparation and bookkeeping services.
2. Advertising agencies.
3. Banks, savings and loans, credit unions and other financial institutions.
4. Business and management consulting services.
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5. Business and professional membership organizations.
6. Church, excluding schools.
76. Commercial art and graphic design.
87. Commercial photography, including portrait studios.
98. Computer programming and data processing services.
109. Consumer credit reporting and collection services.
110. Day care nursery.
121. Detective and security systems services.
132. Direct mail advertising services.
143. Employment agency and help supply services.
154. Engineering, surveying, architectural and environmental planning services.
165. Family and social service, clinics and centers.
176. Governmental services and administration, including libraries, museums, galleries and judicial
courts; police, fire, and other emergency service alarm centers.
187. Insurance services.
198. Legal services.
2019. Management and public relations services.
210. Medical, dental, psychiatric and other health practitioner offices and clinics, including chiropractic,
acupuncture, massage therapy and blood banks.
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221. Medical and dental laboratories.
232. Mortgage, loan and personal credit institutions.
243. Palm reading, fortune telling, astrologic and psychic services.
245. Pharmacies, in conjunction with medical clinics.
256. Places of assembly, commercial
26. Post office and other courier or parcel delivery services.
27. Public and private utility administration.
28. Real estate development, sales and property management services.
29. Secretarial and court reporting services.
30. Telecommunications administration.
31. Television, radio and cable broadcasting stations.
32. Title and escrow offices.
33. Travel agencies.
34. Trusts and investment agencies.
B. Accessory buildings or structures necessary to such use located on the same lot or parcel of land.
C. Temporary offices including portable, modular or prefabricated structures constructed in conformance
with the uniform 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.
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D. Dwelling for use by caretaker or night security, or as accessory and incidental to the permitted use on the
parcel. (Ord. 3964 § 19, 2000; Ord. 3746 § 4, 1997; Ord. 3395 § 1, 1991)
17.20.030 Uses subject to planning director review and approval.
The following uses may be permitted in a C-O zone subject to review and approval by the planning director:
A. Public utility structures.
B. Water pump stations. (Ord. 3395 § 1, 1991)
17.20.040 Uses permitted only by conditional use permit.
A. The following uses are permitted in a C-O zone only with the approval of a conditional use permit issued
in accordance with the procedures provided in Chapter 17.64 of this code:
1. Bail bond services;
2. Body art establishment;
3. Garment cleaning, pressing, alteration and repair;
4. Hair styling shop and beauty salon, including tanning salons;
5. Photocopying and duplicating services;
6. 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;
7. Religious institution;
8. School, elementary, junior high, and high;
9. Scientific research and testing services;
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810. Vocational and specialized schools providing technical and cultural training;
911. Veterinary services. (Ord. 5008 § 6, 2020; Ord. 4944 § 1, 2018; Ord. 3746 § 5, 1997; Ord. 3395 § 1, 1991)
17.20.050 Additional requirements.
The following requirements shall apply to all development permitted by this chapter:
A. All permitted and conditional uses pursuant to this chapter shall be subject to site plan review as provided
in Chapter 17.08 of this code.
B. Landscaping shall be subject to the requirements of Chapter 17.61 of this code.
C. Off-street parking and loading shall be subject to the requirements of Chapter 17.58 of this code.
D. Signs shall be subject to the requirements of Chapter 17.60 of this code.
E. Commercial development proposed adjacent to property zoned or designated for residential development
shall be required to be separated by a solid masonry wall constructed a minimum height of six feet from
highest grade. Any wall located within or along the front yard area shall not exceed a height of four feet. Along
street frontages, landscaping shall be required in lieu of or in combination with a solid wall, as determined by
the development services director, to screen the proposed development from the residential uses.
F. Open storage of material and equipment permitted in this zone shall be surrounded and screened by a solid
wall or fence, including solid gates where necessary, not less than six feet in height. Materials shall not be
stacked above the height of the screening.
G. For developments under this section using outside storage, the areas devoted to outside storage shall be
treated with a permanent dust binder or other permanent dust control measures consistent with air pollution
control regulations, as approved by the planning director.
H. Roof-top areas of commercial structures shall be completely screened from view by parapets or other
finished architectural features constructed to a height of the highest equipment and unfinished structural
element or architectural feature of the building. This requirement shall apply to all new commercial
construction and remodeling of existing commercial structures which involve a change of fifty percent or more
of the roof structure or an addition of fifty percent or more to the floor area of the commercial structure.
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
I. Retail developments shall comply with design standards listed in Section 17.08.140. (Ord. 5006 § 3, 2020; Ord.
4939 § 10, 2018; Ord. 4714 § 1, 2012; Ord. 3964 § 20, 2000; Ord. 3835 § 10, 1998; Ord. 3395 § 1, 1991)
17.20.060 Building height.
Building height requirements in a C-O zone shall not exceed sixty feet (approximately four stories). (Ord. 3395
§ 1, 1991)
17.20.070 Front yard.
Front yard requirements in a C-O zone shall be as follows:
A. All buildings shall be located a minimum of ten feet from the front property line.
B. All buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.
(Ord. 3395 § 1, 1991)
17.20.080 Side yards.
Side yard requirements in a C-O zone shall be as follows:
A. Where a lot abuts upon the side of a lot in any R zone, E zone, MH zone, or PUD project of a residential
nature, there shall be a side yard of not less than twenty feet.
B. On a corner lot, the side yard on the street side of the lot shall be not less than ten feet.
C. In all other cases, a side yard for a professional or administrative office building shall not be required.
D. All buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.
(Ord. 3395 § 1, 1991)
17.20.090 Rear yard.
Rear yard requirements in a C-O zone shall be as follows:
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
A. Where the lot abuts any R, E, MH zone, or PUD project of a residential nature, there shall be a rear yard of
not less than twenty feet.
B. Where there is an alley at the rear of the lot, such rear yard may be measured to the center of the alley.
C. In all other cases, a rear yard shall not be required.
D. All buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.
(Ord. 4236 § 1, 2005; Ord. 3395 § 1, 1991)
17.20.100 Minimum lot area.
No The minimum lot area shall be required in a C-O zone. shall be as follows: none; however, all buildings
used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone. (Ord. 3395 § 1, 1991)
17.20.110 Distance between buildings on the same lot.
No dDistance requirements between buildings on the same lot in a C-O zone shall be as follows: none, except
all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone. (Ord.
3395 § 1, 1991)
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Chapter 17.22
C-1 NEIGHBORHOOD COMMERCIAL ZONE*
Sections:
17.22.010 Generally.
17.22.020 Uses permitted.
17.22.030 Uses permitted subject to planning director review and approval.
17.22.040 Uses permitted only by conditional use permit.
17.22.050 Additional requirements.
17.22.060 Building height.
17.22.070 Front yard.
17.22.080 Side yards.
17.22.090 Rear yard.
17.22.100 Minimum lot area.
17.22.110 Distance between buildings on the same lot.
* Prior history: prior code §§ 17.25.010—17.25.080 and Ords. 2704 and 2877.
17.22.010 Generally.
The regulations set out in this chapter shall apply in the C-1 neighborhood commercial zone unless otherwise
provided in this title. The purpose of this zone is to provide an adequate variation of retail establishments and
services that conveniently serve the needs of residents in the immediate neighborhood. It is highly desirable to
blend uses into the area thereby protecting the residential character of the area; but not create architectural or
traffic conflicts nor permit the commercial development to expand into a regional center of such scope and
variety as to attract significant volumes of traffic from outside the neighborhood. (Ord. 3395 § 2, 1991)
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;
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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;
87. Cosmetic store;
98. Drugstore, pharmacy;
109. Fabric, yardage store;
110. Florist;
121. Fireworks (“safe and sane”) sales, limited between July 1st and July 4th each calendar year;
132. Garment cleaning, pressing, alteration and repair;
143. Grocery stores, including meat, fish, fruit, vegetable, delicatessen and convenience stores;
154. Hair styling shop and beauty salon, including tanning salons;
165. Interior decorating, including drapery, curtain and upholstery sales;
176. Jewelry, watch, clocks, silverware, coins and gemstones including repair;
187. Laundromat;
198. Liquor store;
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2019. Locksmith;
210. Newspaper, magazine store;
221. Pet and pet supply store, including grooming services;
232. Photocopying and duplicating services;
234. Photographic shops and developing services;
254. Physical fitness facility;
265. Private service clubs, lodges;
276. Restaurants and related eating places, excluding on-site alcohol sales, entertainment or drive-
through service;
287. Rest home, convalescent home, adult care facility, residential care facility as defined in California
Health and Safety Code Section 1502;
298. Temporary promotional activity as defined in Section 17.04.610;
3029. Tobacco store;
310. Video disk/tape rental;
321. Veterinary (small animal only), excluding kennel services;
332. Shopping centers.
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.
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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 of this section 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. (Ord. 5092 § 1, 2022; Ord. 4715 § 1, 2012; Ord. 3964 § 21, 2000; Ord. 3395 § 2, 1991)
17.22.030 Uses permitted subject to planning director review and approval.
The following uses may be permitted in a C-1 zone subject to review and approval by the planning director:
A. Public utility structures;
B. Water pump stations. (Ord. 3395 § 2, 1991)
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:
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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;
32. Assisted living facility;
43. Automobile accessory or parts store, including stereo, phone, upholstery, and tires;
54. 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;
65. Banquet venue;
76. Carwashes, including detailing;
87. Food and/or shelter service as defined in Section 17.04.285;
98. Funeral services, including a crematory, provided it is incidental to the main use;
109. Hotels and motels;
110. Kennels;
121. Mobilehome or travel trailer parks;
132. Movie theaters serving alcohol;
143. Nurseries, lawn and garden supplies;
154. 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;
165. Religious institution;
16. School, elementary, junior high, and high;
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17. Restaurant and related eating places with on-site alcohol sales, entertainment or drive-through
services;
178. Scientific research and testing services;
1819. Small appliance and electronic goods repair;
1920. Theaters, cinemas;
201. Trade, vocational or specialized schools. (Ord. 5106 § 1, 2022; Ord. 5092 § 2, 2022; Ord. 5008 § 7, 2020;
Ord. 4945 § 1, 2018; Ord. 3746 § 6, 1997; Ord. 3395 § 2, 1991)
17.22.050 Additional requirements.
The following requirements shall apply to all development permitted by this chapter:
A. All permitted and conditional uses pursuant to this chapter shall be subject to site plan review as provided
in Chapter 17.08 of this code.
B. Landscaping shall be subject to the requirements of Chapter 17.61 of this code.
C. Off-street parking and loading shall be subject to the requirements of Chapter 17.58 of this code.
D. Signs shall be subject to the requirements of Chapter 17.60 of this code.
E. Commercial development proposed adjacent to property zoned or designated for residential development
shall be required to be separated by a solid masonry wall constructed a minimum height of six feet from
highest grade. Any wall located within or along the front yard area shall not exceed a height of four feet. Along
street frontages, landscaping shall be required in lieu of or in combination with a solid wall, as determined by
the development services director, to screen the commercial development from the residential uses.
F. Open storage of material and equipment permitted in this zone shall be surrounded and screened by a solid
wall or fence, including solid gates where necessary, not less than six feet in height. Materials shall not be
stacked above the height of the screening.
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G. For developments under this section using outside storage, the areas devoted to outside storage shall be
treated with a permanent dust binder or other permanent dust control measures consistent with air pollution
control regulations, as approved by the planning director.
H. Roof-top areas of commercial structures shall be completely screened from view by parapets or other
finished architectural features constructed to a height of the highest equipment and unfinished structural
element or architectural feature of the building. This requirement shall apply to all new commercial
construction and remodeling of existing commercial structures which involve a change of fifty percent or more
of the roof structure or an addition of fifty percent or more to the floor area of the commercial structure. (Ord.
4939 § 11, 2018; Ord. 4714 § 1, 2012; Ord. 3964 § 22, 2000; Ord. 3835 § 11, 1998; Ord. 3395 § 2, 1991)
17.22.060 Building height.
Building height requirements in a C-1 zone shall not exceed sixty feet (approximately four stories). (Ord. 3395
§ 2, 1991)
17.22.070 Front yard.
Front yard requirements in a C-1 zone shall be as follows:
A. All buildings shall be located a minimum of ten feet from the front property line.
B. All buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.
(Ord. 3395 § 2, 1991)
17.22.080 Side yards.
Side yard requirements in a C-1 zone shall be as follows:
A. Where a lot abuts upon the side of a lot in any R zone, E zone, MH zone or PUD project of a residential
nature, there shall be a side yard of not less than twenty feet.
B. On a corner lot, the side yard on the street side of the lot shall be not less than ten feet.
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C. In all other cases, a side yard for a commercial building shall not be required.
D. All buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.
(Ord. 3395 § 2, 1991)
17.22.090 Rear yard.
Rear yard requirements in a C-1 zone shall be as follows:
A. Where the lot abuts any R, E, MH zone, or PUD project of a residential nature, there shall be a rear yard of
not less than twenty feet.
B. Where there is an alley at the rear of the lot, such rear yard may be measured to the center of the alley.
C. In all other cases, a rear yard shall not be required.
D. All buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.
(Ord. 4236 § 2, 2005; Ord. 3395 § 2, 1991)
17.22.100 Minimum lot area.
There shall be no mMinimum lot area requirements in a C-1 zone shall be as follows: none; however, all
buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone. (Ord. 3395
§ 2, 1991)
17.22.110 Distance between buildings on the same lot.
There shall be no dDistance requirements between buildings on the same lot in a C-1 zone shall be as follows:
none, except all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4
zone. (Ord. 3395 § 2, 1991)
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Chapter 17.24
C-2 REGIONAL COMMERCIAL ZONE*
Sections:
17.24.010 Generally.
17.24.020 Uses permitted.
17.24.030 Uses permitted subject to planning director review and approval.
17.24.040 Uses permitted only by conditional use permit.
17.24.050 Additional requirements.
17.24.060 Building height.
17.24.070 Front yard.
17.24.080 Side yards.
17.24.090 Rear yard.
17.24.100 Minimum lot area.
17.24.110 Distance between buildings on the same lot.
* Prior history: Prior code §§ 17.27.010—17.27.080 and Ords. 2705, 2752, 2926, 3105 and 3174.
17.24.010 Generally.
The regulations set out in this chapter shall apply in the C-2 regional commercial zone unless otherwise
provided in this title. The purpose of this zone is to permit development of concentrated large-scale retail
operations providing a broad range of goods and services which serve the metropolitan market area. (Ord. 3395
§ 3, 1991)
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 of this code.
2. Apparel and accessory stores.
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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.
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 two
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 of this code.
16. Food vending vehicle.
17. Floor covering store.
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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.
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.
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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. School, elementary, junior high, and high;
389. Sewing, needlework and piece good store.
3940. Skating rinks.
401. Sporting goods, including bicycles, camping equipment, firearms, skiing and golf.
412. Taxidermist.
423. Theater, cinema, excluding drive-in.
434. Trade, vocational or specialized school.
445. Used merchandise, including antiques, books, furniture, thrift shops, and pawnshops.
456. Variety store.
467. Video arcade.
478. 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. (Ord. 5053 § 1, 2021; Ord. 4926 § 2, 2018; Ord. 4873 § 1, 2016; Ord. 3695 § 2, 1995; Ord. 3395 § 3, 1991)
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17.24.030 Uses permitted subject to planning director review and approval.
The following uses may be permitted in the C-2 zone subject to review and approval by the planning director:
A. Public utility structures;
B. Water pump stations. (Ord. 3395 § 3, 1991)
17.24.040 Uses permitted only by conditional use permit.
A. The following uses are permitted in a C-2 zone only with the approval of a conditional use permit issued
in accordance with the procedures provided in Chapter 17.64 of this code:
1. Adult day care;
2. Amusement parks, including miniature golf, water parks, batting cages and miniature car tracks;
3. Any use listed in the uses permitted section in the R-1, R-2, R-3 and R-4 zones;
43. Assisted living facility;
54. Automobile body and fender repair and painting;
65. Automobile machine shops;
76. Banquet venue;
87. Bars, cocktail lounges or other establishments selling alcoholic beverages for on-site consumption
where said use is the primary business;
98. Boat and recreational vehicle dealership, new and used;
109. Bus, train and other transit stations;
110. Food and/or shelter service as defined in Section 17.04.285;
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121. Golf driving ranges;
132. Helipad (in conjunction with a hospital);
143. Kennels;
154. Mobilehome or travel trailer park;
165. Mobilehome sales, new and used;
176. Movie theater serving alcohol;
187. Pest control services;
198. 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;
2019. Religious institution;
20. Scientific research and testing services;
21. Swap meet, flea markets and auction yards;
22. Tool, equipment and utility trailer rental establishments;
23. Warehouses. (Ord. 5008 § 8, 2020; Ord. 4946 § 1, 2018; Ord. 3746 § 7, 1997; Ord. 3395 § 3, 1991)
17.24.050 Additional requirements.
The following requirements shall apply to all development permitted by this chapter:
A. All permitted and conditional uses pursuant to this chapter shall be subject to site plan review as provided
in Chapter 17.08 of this code.
B. Landscaping shall be subject to the requirements of Chapter 17.61 of this code.
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C. Off-street parking and loading shall be subject to the requirements of Chapter 17.58 of this code.
D. Signs shall be subject to the requirements of Chapter 17.60 of this code.
E. Commercial development proposed adjacent to property zoned or designated for residential development
shall be required to be separated by a solid masonry wall constructed a minimum height of six feet from
highest grade. Any wall located within or along the front yard area shall not exceed a height of four feet. Along
street frontages, landscaping shall be required in lieu of or in combination with a solid wall, as determined by
the development services director, to screen the commercial development from the residential uses.
F. Open storage of material and equipment permitted in this zone shall be surrounded and screened by a solid
wall or fence, including solid gates where necessary, not less than six feet in height. Materials shall not be
stacked above the height of the screening.
G. For developments under this section using outside storage, the areas devoted to outside storage shall be
treated with a permanent dust binder or other permanent dust control measures consistent with air pollution
control regulations, as approved by the planning director.
H. Roof-top areas of commercial structures shall be completely screened from view by parapets or other
finished architectural features constructed to a height of the highest equipment and unfinished structural
element or architectural feature of the building. This requirement shall apply to all new commercial
construction and remodeling of existing commercial structures which involve a change of fifty percent or more
of the roof structure or an addition of fifty percent or more to the floor area of the commercial structure. (Ord.
4939 § 12, 2018; Ord. 4714 § 1, 2012; Ord. 3964 § 23, 2000; Ord. 3835 § 12, 1998; Ord. 3395 § 3, 1991)
17.24.060 Building height.
Building height requirements in a C-2 zone shall not exceed ninety feet (approximately six stories). (Ord. 3395
§ 3, 1991)
17.24.070 Front yard.
Front yard requirements in a C-2 zone shall be as follows:
A. All buildings shall be located a minimum of ten feet from the front property line.
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B. All buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.
(Ord. 3395 § 3, 1991)
17.24.080 Side yards.
Side yard requirements in a C-2 zone shall be as follows:
A. Where a lot abuts upon the side of a lot in any R zone, E zone, MH zone or PUD project of a residential
nature, there shall be a side yard of not less than twenty feet.
B. On a corner lot, the side yard on the street side of the lot shall be not less than ten feet.
C. In all other cases, a side yard for a commercial building shall not be required.
D. All buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.
(Ord. 3395 § 3, 1991)
17.24.090 Rear yard.
Rear yard requirements in a C-2 zone shall be as follows:
A. Where the lot abuts any R, E, MH zone, or PUD project of a residential nature, there shall be a rear yard of
not less than twenty feet.
B. Where there is an alley at the rear of the lot, such rear yard may be measured to the center of the alley.
C. In all other cases, a rear yard shall not be required.
D. All buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.
(Ord. 4236 § 3, 2005; Ord. 3395 § 3, 1991)
17.24.100 Minimum lot area.
There shall be no mMinimum lot area in a C-2 zone shall be as follows: none; however, all buildings used
exclusively for dwelling purposes shall comply with the provisions of the R-4 zone. (Ord. 3395 § 3, 1991)
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17.24.110 Distance between buildings on the same lot.
There shall be no dDistance requirements between buildings on the same lot in a C-2 zone shall be as follows:
none, except all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4
zone. (Ord. 3395 § 3, 1991)
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Chapter 17.25
C-B CENTRAL BUSINESS ZONE
Sections:
17.25.010 Generally.
17.25.020 Uses permitted.
17.25.030 Uses permitted subject to planning director review and approval.
17.25.040 Uses permitted only by conditional use permit.
17.25.050 Additional requirements.
17.25.060 Building height.
17.25.070 Front, side and rear yards.
17.25.090 Public benefit features.
17.25.100 Minimum lot area.
17.25.010 Generally.
The regulations set out in this chapter shall apply in the C-B central business zone. This zone is intended to be
applicable to the central business core area accommodating a diverse mix of medium/high density residential,
commercial, financial and institutional uses serving both city-wide and regional needs. In addition to these
uses, cultural, entertainment, specialty retail, convention services and lodging are also principal uses in this
area. (Ord. 5120 § 1, 2023; Ord. 3631 § 2, 1995)
17.25.020 Uses permitted.
A. Any use listed in the uses permitted section in the C-O, C-1 and C-2 zones;
B. Any of the following uses:
1. Bus, train and other transit station, provided that transit vehicles are not stored on site and no repair
work or servicing of transit vehicles is conducted on site,
2. News/magazine stand,
3. Nightclub, bar, cocktail lounge or other establishment selling alcoholic beverages for on-site
consumption where such use, including entertainment, is the primary business,
4. Parking garage or surface lot,
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5. Police, fire and other emergency service alarm centers,
6. Post office and other courier or parcel delivery service,
7. Sidewalk use, including, but not limited to, outdoor seating, subject to issuance of an encroachment
permit;
C. Residential uses provided they are located in the second story or aboveMultiple-unit dwelling;
D. Employee housing, up to six residents
E. Mixed combinations of uses allowed in subsections A and B of this section are permitted;
EF. Accessory buildings, structures and uses necessary to support the principal use located on the same lot or
parcel of land. (Ord. 5120 § 1, 2023; Ord. 4911 § 1, 2017; Ord. 3631 § 2, 1995)
17.25.030 Uses permitted subject to planning director review and approval.
The following uses may be permitted in the C-B zone subject to review and approval by the planning director:
A. Itinerant merchant, including street vendors, subject to city permit and business license;
B. Promotional activities as defined in this code;
C. Public utility structures;
D. Water pump stations;
E. Public benefit features pursuant to Section 17.25.090. (Ord. 5120 § 1, 2023; Ord. 3631 § 2, 1995)
17.25.040 Uses permitted only by conditional use permit.
A. The following uses are permitted in a C-B zone only with the approval of a conditional use permit issued
in accordance with the procedures provided in Chapter 17.64 of this code:
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1. Adult day care;
2. Any residential use that is located on the first or ground floor;
32. Banquet venue;
43. Food and/or shelter service as defined in Section 17.04.285;
54. Movie theater serving alcohol;
65. 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;
76. Scientific research and testing services;
87. Swap meets, flea markets and auction houses. (Ord. 5120 § 1, 2023; Ord. 5008 § 9, 2020; Ord. 4947 § 1,
2018; Ord. 4311 § 1, 2006; Ord. 3746 § 8, 1997; Ord. 3695 § 4, 1995; Ord. 3631 § 2, 1995)
17.25.050 Additional requirements.
The following requirements shall apply to all development permitted by this chapter:
A. All permitted and conditional uses pursuant to this chapter shall be subject to site plan review as provided
in Chapter 17.08 of this code.
B. Landscaping shall be subject to the requirements of Chapter 17.61 of this code.
C. Off-street parking and loading shall be subject to the requirements of Chapter 17.58 of this code.
D. Signs shall be subject to the requirements of Chapter 17.60 of this code.
E. Storage of material and equipment shall be enclosed entirely within a building.
F. All outside mechanical equipment shall be enclosed or screened from public street view. Bases of towers
and antennas shall be screened or enclosed to a height of fifteen feet above grade if not camouflaged.
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G. Roof-top areas of structures shall be completely screened from view by parapets or other finished
architectural features constructed to a height of the highest equipment and unfinished structural element or
architectural feature of the building. This requirement shall apply to all new construction and remodeling of
existing structures which involve a change of fifty percent or more of the roof structure or an addition of fifty
percent or more to the floor area of the structure. (Ord. 5120 § 1, 2023; Ord. 4617 § 3, 2010; Ord. 4311 § 2, 2006; Ord.
3835 § 13, 1998; Ord. 3631 § 2, 1995)
17.25.060 Building height.
There shall be no maximum building height in a C-B zone. (Ord. 5120 § 1, 2023; Ord. 4231 § 8, 2005; Ord. 3631 § 2,
1995)
17.25.070 Front, side and rear yards.
There shall be no minimum front, side or rear yard in a C-B zone; however, where a lot abuts any R, E, MH
zone, or PUD project of a single-family unit nature, there shall be a minimum setback from any side or rear
property line of twenty feet. (Ord. 5120 § 1, 2023; Ord. 3631 § 2, 1995)
17.25.090 Public benefit features.
A. The following public benefit features are encouraged:
1. Open Space, Atrium, Plaza, or Garden Available to the Public.
a. These areas are intended to provide public open space which provides quiet retreats from
surrounding activity in the intensely developed areas of downtown or a center. While relatively
small, they should be flexible in design to accommodate passive recreational activities, as well as
allow events and public gatherings. They should also be strategically located to denote important
places, create a focus for surrounding development, and increase light and air at the street level.
Weather protected areas can serve to function as an interior park to give the public relief from
extreme weather conditions.
b. An open space area shall be directly accessible from a public sidewalk with accessibility to the
handicapped meeting state handicapped requirements.
c. Permanent art may be incorporated as part of the open areas as set forth in this subsection.
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d. Kiosks, displays, art exhibits, and retail vendors are permitted provided they are portable in
nature and use of the open area by the public is not precluded. The total area occupied by such uses
should not exceed twenty-five percent of the total open area.
e. Interior pedestrian lighting shall be provided.
f. Directory or directional signs may be permitted pursuant to Chapter 17.60 of this code.
2. Sculptured Building Tops.
a. Sculptured building tops are intended to provide visual interest and variety in the downtown or
center skyline. They have the greatest impact in the downtown area where the tallest buildings are
permitted. A sculptured building top which modifies the silhouette of a building by reducing the area
of the top floor, reduces the overall bulk of the building to produce a more interesting building form.
As the building increases in height, its upper portion should become more slender and ornamental.
Mechanical equipment on the roof would be enclosed and integrated into the design of the building.
3. Public Art Work.
a. There is a broad view of what constitutes art, and it is desired to encourage a high-quality,
imaginative interpretation of the various media. Works of art may be merely decorative, or both
decorative and functional. Over time, new materials and art forms may be developed. Therefore, art
work may include, but is not limited to, two- or three-dimensional works in all media such as oil or
acrylic on canvas, textiles, photography, ceramics, wood, paper, metal, stone, etc. Art work may also
include fountains, mobiles, special wall or paving surface, mosaics, murals, landscaping elements,
and other decorative features. Interdisciplinary projects and collaborations are encouraged, as are
works involving sound, touch and other senses.
b. Art work should be an integral part of the design of the building or public open space, and should
be compatible in bulk, scale, design, texture, color, and shape with the space in which it is located. It
shall be located so that it is clearly visible to people using the public space, and whenever possible,
visible from the street.
c. The setting for art work shall be designed in such a way as to provide comfort and amenity, and
accommodate people viewing it by incorporating such features as steps, ledges, benches and other
seating, or provide rails or other architectural features to lean against.
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d. The property owner shall be responsible for the maintenance of all art features for the life of the
building or open space.
4. Voluntary Building Setback.
a. Voluntary building setbacks are intended to expand the landscaped area along streets to
encourage additional open space along public streets that link large open space areas, parks and
plazas.
b. The additional setback area should provide ample room for landscaping that will complement
existing street landscaping and the building.
5. Overhead Weather Protection.
a. Overhead weather protection is intended to improve pedestrian comfort along pedestrian routes.
b. Overhead protections should be permanent and nonretractable with a minimum protection width
of six feet.
c. At least one-half of the overhead protections should be over the public sidewalk or walkway. An
encroachment permit shall be obtained from the public works department for any overhead
protection over the public right-of-way.
d. No covering shall extend more than ten feet or to a point within two feet from the curb flow line,
whichever is less. The entire area under the weather protection shall be unobstructed by structural
elements such as columns.
e. The lower edge of the overhead protection shall be a minimum of eight feet and a maximum of
twelve feet above the sidewalk.
6. Day Care Facilities (Children and Adult).
a. Day care facilities provide a safe and supportive environment for a wide range of educational,
social and health related services for both children and adults. Encouraging the integration of these
facilities into mixed use developments allows these services to be near both homes and workplaces
helping caregivers better manage quality time at both work and home. The location of these facilities
near employment centers and residential neighborhoods can also contribute to reducing automobile
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congestion, air pollution, and enhance the ability to blend civic, volunteer and work interests into
sustainable communities. (Ord. 5120 § 1, 2023; Ord. 4311 § 4, 2006; Ord. 3631 § 2, 1995)
17.25.100 Minimum lot area.
There shall be no lot minimum requirement in a C-B zone. (Ord. 5120 § 1, 2023; Ord. 3631 § 2, 1995)
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Chapter 17.26
C-C COMMERCIAL CENTER ZONE*
Sections:
17.26.010 Generally.
17.26.020 Uses permitted.
17.26.030 Uses permitted subject to planning director review and approval.
17.26.040 Uses permitted subject to conditional use permit.
17.26.050 Additional requirements.
17.26.060 Building height.
17.26.070 Front, rear and side yards.
17.26.090 Public benefit features.
17.26.100 Minimum lot area.
17.26.110 Distance between buildings on the same lot.
* Prior history: prior code §§ 17.29.010—17.29.060 and Ords. 2706, 2831 and 3395.
17.26.010 Generally.
The regulations set out in this chapter shall apply in the C-C (commercial center) zone. This zone is intended
for those areas in the city that are planned for large-scale mixed use development centers consisting of
commercial and high density residential uses with a minimum density of 20.1 dwelling units an acre.
Residential development in the C-C zone will still be subject to the R-4 standards with the exception of the
density maximum. (Ord. 5120 § 2, 2023; Ord. 4312 § 1, 2006; Ord. 3631 § 4, 1995)
17.26.020 Uses permitted.
The following uses are permitted in a C-C zone:
A. Any use listed in the uses permitted section in the C-O, C-1 and C-2 zones.
B. Any of the following uses:
1. Apartment hotel, roominghouse, single room occupancy;
12. Bus, train and other transit station; provided, that transit vehicles are not stored on site and no repair
work or servicing of transit vehicles is conducted on site;
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2. Employee housing, up to six residents
3. Multiple-unit dwelling;
43. Parking garage or surface lot;
54. Police, fire and other emergency service alarm centers;
65. Post office and other courier or parcel delivery service;
76. Sidewalk use, including but not limited to outdoor seating, subject to issuance of an encroachment
permit;
7. Multiple-family dwelling;8. Single-room occupancy unit;
8. Single-family dwelling provided it is attached to and accessory to a commercial use.
C. Mixed combinations of uses allowed in subsections A and B of this section are permitted.
D. Accessory buildings, structures or uses necessary to support the principal use located on the same lot or
parcel of land. (Ord. 5120 § 2, 2023; Ord. 4312 § 3, 2006; Ord. 3631 § 4, 1995)
17.26.030 Uses permitted subject to planning director review and approval.
The following uses may be permitted in the C-C zone subject to review and approval by the planning director:
A. Public utility structures;
B. Water pump stations;
C. Itinerant merchant, including street vendors, subject to city permit and business license;
D. Promotional activities as defined in this code;
E. Public benefit features pursuant to Section 17.26.090. (Ord. 5120 § 2, 2023; Ord. 3631 § 4, 1995)
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17.26.040 Uses permitted subject to conditional use permit.
A. The following uses are permitted in a C-C zone only with the approval of a conditional use permit issued
in accordance with the procedures provided in Chapter 17.64 of this code:
1. Adult day care;
2. Assisted living facility;
3. Banquet venue;
4. Bars, nightclubs, cabarets, cocktail lounges or other establishments selling alcoholic beverages for on-
site consumption where such use, including entertainment, is the primary business;
5. Food and/or shelter service as defined in Section 17.04.285;
6. Kennels;
7. Movie theater serving alcohol;
8. 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;
9. Scientific research and testing services;
10. Swap meets, flea markets and auction houses;
11. Single-family dwelling that is not accessory to a commercial use. (Ord. 5120 § 2, 2023; Ord. 5008 § 10, 2020;
Ord. 4948 § 1, 2018; Ord. 3746 § 9, 1997; Ord. 3695 § 4, 1995; Ord. 3631 § 4, 1995)
17.26.050 Additional requirements.
The following requirements shall apply to all development permitted by this chapter:
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A. All permitted and conditional uses pursuant to this chapter shall be subject to site plan review as provided
in Chapter 17.08 of this code.
B. Landscaping shall be subject to the requirements of Chapter 17.61 of this code.
C. Off-street parking and loading shall be subject to the requirements of Chapter 17.58 of this code.
D. Signs shall be subject to the requirements of Chapter 17.60 of this code.
E. Commercial development proposed adjacent to property zoned or designated for residential development
shall be required to be separated by a solid masonry wall constructed a minimum height of six feet from
highest grade. Any wall located within or along the front yard area shall not exceed a height of four feet. Along
street frontages, landscaping shall be required in lieu of or in combination with a solid wall, as determined by
the development services director, to screen the commercial development from the residential uses.
F. Open storage of material and equipment permitted in this zone shall be surrounded and screened by a solid
wall or fence, including solid gates where necessary, not less than six feet in height. Materials shall not be
stacked above the height of the screening.
G. All outside mechanical equipment shall be enclosed or screened from public street view. Bases of towers
and antennas shall be screened or enclosed to a height of fifteen feet above grade if not camouflaged.
H. Roof-top areas of commercial structures shall be completely screened from view by parapets or other
finished architectural features constructed to a height of the highest equipment and unfinished structural
element or architectural feature of the building. This requirement shall apply to all new commercial
construction and remodeling of existing commercial structures which involve a change of fifty percent or more
of the roof structure or an addition of fifty percent or more to the floor area of the commercial structure. (Ord.
5120 § 2, 2023; Ord. 4939 § 13, 2018; Ord. 4714 § 1, 2012; Ord. 4617 § 4, 2010; Ord. 4312 § 4, 2006; Ord. 3964 § 24, 2000;
Ord. 3835 § 14, 1998; Ord. 3631 § 4, 1995)
17.26.060 Building height.
Building height requirements in a C-C zone shall not exceed one hundred eighty feet (approximately twelve
stories). (Ord. 5120 § 2, 2023; Ord. 3631 § 4, 1995)
17.26.070 Front, rear and side yards.
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There shall be no minimum front, side or rear yard in a C-C zone; however, where a lot abuts any R, E, MH
zone, or PUD project of a single-unitfamily nature, there shall be a minimum setback from any side or rear
property line of twenty feet. (Ord. 5120 § 2, 2023; Ord. 4312 § 5, 2006; Ord. 3631 § 4, 1995)
17.26.090 Public benefit features.
A. The following public benefit features are encouraged:
1. Open Space, Atrium, Plaza, or Garden Available to the Public.
a. These areas are intended to provide public open space which provides quiet retreats from
surrounding activity in the intensely developed areas of downtown or a center. While relatively
small, they should be flexible in design to accommodate passive recreational activities, as well as
allow events and public gatherings. They should also be strategically located to denote important
places, create a focus for surrounding development, and increase light and air at the street level.
Weather protected areas can serve to function as an interior park to give the public relief from
extreme weather conditions.
b. An open space area shall be directly accessible from a public sidewalk with accessibility to the
handicapped meeting state handicapped requirements.
c. Permanent art may be incorporated as part of the open areas as set forth in this subsection.
d. Kiosks, displays, art exhibits, and retail vendors are permitted provided they are portable in
nature and use of the open area by the public is not precluded. The total area occupied by such uses
should not exceed twenty-five percent of the total open area.
e. Interior pedestrian lighting shall be provided.
f. Directory or directional signs may be permitted pursuant to Chapter 17.60 of this code.
2. Sculptured Building Tops.
a. Sculptured building tops are intended to provide visual interest and variety in the downtown or
center skyline. They have the greatest impact in the downtown area where the tallest buildings are
permitted. A sculptured building top which modifies the silhouette of a building by reducing the area
of the top floor, reduces the overall bulk of the building to produce a more interesting building form.
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As the building increases in height, its upper portion should become more slender and ornamental.
Mechanical equipment on the roof would be enclosed and integrated into the design of the building.
3. Public Art Work.
a. There is a broad view of what constitutes art, and it is desired to encourage a high-quality,
imaginative interpretation of the various media. Works of art may be merely decorative, or both
decorative and functional. Over time, new materials and art forms may be developed. Therefore, art
work may include, but is not limited to, two- or three-dimensional works in all media such as oil or
acrylic on canvas, textiles, photography, ceramics, wood, paper, metal, stone, etc. Art work may also
include fountains, mobiles, special wall or paving surfaces, mosaics, murals, landscaping elements,
and other decorative features. Interdisciplinary projects and collaborations are encouraged, as are
works involving sound, touch and other senses.
b. Art work should be an integral part of the design of the building or public open space, and should
be compatible in bulk, scale, design, texture, color, and shape with the space in which it is located. It
shall be located so that it is clearly visible to people using the public space, and whenever possible,
visible from the street.
c. The setting for art work shall be designed in such a way as to provide comfort and amenity, and
accommodate people viewing it by incorporating such features as steps, ledges, benches and other
seating, or provide rails or other architectural features to lean against.
d. The property owner shall be responsible for the maintenance of all art features for the life of the
building or open space.
4. Voluntary Building Setback.
a. Voluntary building setbacks are intended to expand the landscaped area along streets to
encourage additional open space along public streets that link large open space areas, parks and
plazas.
b. The additional setback area should provide ample room for landscaping that will complement
existing street landscaping and the building.
5. Overhead Weather Protection.
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a. Overhead weather protection is intended to improve pedestrian comfort along pedestrian routes.
b. Overhead protections should be permanent and nonretractable with a minimum protection width
of six feet.
c. At least one -half of the overhead protection should be over the sidewalk within the public right-
of-way. An encroachment permit shall be obtained from the public works department.
d. No covering shall extend more than ten feet or to a point within two feet from the curb flow line,
whichever is less. The entire area under the weather protection shall be unobstructed by structural
elements such as columns.
e. The lower edge of the overhead protection shall be a minimum of eight feet and a maximum of
twelve feet above the sidewalk.
6. Day Care Facilities (Children and Adult).
a. Day care facilities provide a safe and supportive environment for a wide range of educational,
social and health related services for both children and adults. Encouraging the integration of these
facilities into mixed use developments allows these services to be near both homes and workplaces
helping caregivers better manage quality time at both work and home. The location of these facilities
near employment centers and residential neighborhoods can also contribute to reducing automobile
congestion, air pollution, and enhance the ability to blend civic, volunteer and work interests into
sustainable communities. (Ord. 5120 § 2, 2023; Ord. 4312 § 7, 2006; Ord. 3631 § 4, 1995)
17.26.100 Minimum lot area.
There shall be no lot minimum requirement in a C-C zone; however, all buildings used exclusively for
dwelling purposes shall comply with the provisions of the R-4 zone. (Ord. 5120 § 2, 2023; Ord. 3631 § 4, 1995)
17.26.110 Distance between buildings on the same lot.
None; however, all buildings used exclusively for dwelling purposes shall comply with the provisions of the
R-4 zone. (Ord. 5120 § 2, 2023; Ord. 3631 § 4, 1995)
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Chapter 17.28
M-1 LIGHT MANUFACTURING ZONE
Sections:
17.28.010 Generally.
17.28.020 Uses permitted.
17.28.030 Uses permitted only by conditional use permit.
17.28.035 Additional requirements.
17.28.040 Building height.
17.28.050 Front yard.
17.28.060 Side yards.
17.28.070 Rear yard.
17.28.080 Minimum lot area.
17.28.090 Distance between buildings on the same lot.
17.28.010 Generally.
The regulations set out in this chapter shall apply in the M-1 light manufacturing zone unless otherwise
provided in this title. (Prior code § 17.31.010)
17.28.020 Uses permitted.
The following uses are permitted in an M-1 zone:
A. Any use permitted in the C-O, C-1 and C-2 zones; provided, however, that no building shall be used as a
dwelling except accessory buildings which are incidental to the permitted use of the land, and that no building
shall have a dwelling unit except when such use as a dwelling unit is incidental to the primary use of the
building.
B. Any use specified below, provided such use does not produce, cause or emit any fumes, odor, dust, smoke,
gas, noise or vibration detrimentally impacting neighboring property and the occupants thereof. Where adopted
city or other public agency standards are applicable and available to measure such impacts, such standards
shall be used to determine whether a use constitutes or will constitute such a detrimental impact.
1. Adult day care;
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2. Adult entertainment establishments as defined in Section 17.69.020 and subject to the regulations of
Chapter 17.69 of this code;
3. Animal hospitals, kennels and veterinaries;
4. Automobile and light truck, two-axle vehicles, parking and storage;
5. Automobile assembling, body and fender works, painting, upholstering, dismantling and used parts
storage, when operated or maintained wholly within a building;
6. Bakeries;
7. Banquet venue;
8. Boat buildings;
9. Bottling plant;
10. Building materials storage yards;
11. Cabinet or carpenter shop;
12. Carpet, awning, blinds, mattress or upholstery shops, including cleaning and repair;
13. Concrete batch plants, portable, not to exceed two-yard capacity;
14. Contractor’s plants and storage yards;
15. Distributing plants;
16. Electric welding and electroplating;
17. Frozen food lockers;
18. Furniture and automobile upholstering operations not confined wholly to a building;
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19. Ice and cold storage plants;
20. Laboratories, experimental research and testing;
21. Laundries, cleaning and dyeing plants;
22. Lumberyards;
23. Machine shops (except punch presses of over twenty tons rated capacity, drop hammers and
automatic screw machines);
24. Paint mixing plants (not employing a boiling process);
25. Public utilities service yards, power plants or distributing stations;
26. Rubber fabrication or products made from finished rubber;
27. Sheet metal shops;
28. Stone monument works;
29. Storage spaces for transit and transportation equipment;
30. Tool rental and equipment;
31. Truck repairing and overhauling shops;
32. Welding, metal fabricating and blacksmith shops;
33. Wholesale businesses, storage buildings and warehouses;
34. Manufacturer of:
a. Arts and crafts,
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b. Billboards and advertising structures, electric neon signs,
c. Ceramic products,
d. Clothing or garments,
e. Cosmetics, perfumes and toiletries, drugs and pharmaceuticals,
f. Electronic instruments and devices, radios, televisions, phonographs and business machines,
g. Food products (except the rendering or refining of fats or oils),
h. Furniture,
i. Musical instruments and toys,
j. Prefabricated buildings,
k. Shoes,
l. Soap (cold mix only),
m. Textiles. Manufacture, compounding, assembling or treatment of articles or merchandise from
the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt,
fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semiprecious metals or stones, shell,
textiles, tobacco, wood, yards and paint, not employing a boiling process.
C. The accessory buildings or structures necessary to such use located on the same lot or parcel of land.
D. The Bakersfield Airpark provides an expanded airport/aircraft landing field for recreation, agricultural,
and commercial/industrial uses. Therefore, in addition to the uses allowed in this section, the following
additional uses are permitted within the Bakersfield Airpark property:
1. Agricultural crop dusting services and related chemical storage;
2. Aircraft rental;
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3. Aircraft repair and maintenance;
4. Aircraft runways and landing fields;
5. Aviation related businesses;
6. Aviation fuel sales;
7. Aviation related manufacturing;
8. Flight training schools;
9. Freight and package delivery services;
10. Hangars and aircraft tie-downs. (Ord. 5008 § 11, 2020; Ord. 3995 § 1, 2001; Ord. 3059 § 1, 1986; Ord. 2926
§ 2, 1984; Ord. 2707 § 1, 1982; prior code § 17.31.020)
17.28.030 Uses permitted only by conditional use permit.
A. The following uses are permitted in the M-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:
1. Agricultural packing plants;
2. Aircraft and automobile factories;
3. Automobile parts manufacturer;
4. Battery manufacturer;
5. Breweries or distilleries, large;
6. Clinics, hospitals, sanitariums or other buildings for contagious, mental, drug or liquor addiction
cases;
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7. Equestrian establishments, stables, riding academies, schools or amusements;
8. Food and/or shelter service as defined in Section 17.04.285;
9. Freighting or trucking yards or terminals;
10. Helipad (in conjunction with a hospital);
11. Livestock slaughtering and processing, wholly within a building;
12. Machine shops, including punch presses and automatic screw machines;
13. Movie theater serving alcohol;
14. Planing mills;
15. 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;
16. Residential dwellings;
176. Tire rebuilding, recapping and retreading plants;
187. Truck stop. (Ord. 5008 § 12, 2020; Ord. 4949 § 1, 2018; Ord. 4926 § 2, 2018; Ord. 4912 § 1, 2017; Ord. 3746
§ 10, 1997; Ord. 3174 § 5, 1988; Ord. 2707 § 2, 1982; prior code § 17.31.026)
17.28.035 Additional requirements.
The following requirements shall apply to all development permitted by this chapter:
A. All permitted and conditional uses pursuant to this chapter shall be subject to site plan review as provided
in Chapter 17.08 of this code.
B. Landscaping shall be subject to the requirements of Chapter 17.61 of this code.
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C. Off-street parking and loading shall be subject to the requirements of Chapter 17.58 of this code.
D. Signs shall be subject to the requirements of Chapter 17.60 of this code.
E. Industrial and commercial development proposed adjacent to property zoned or designated for residential
development shall be required to be separated by a solid masonry wall constructed a minimum height of six
feet from highest grade. Any wall located within or along the front yard area shall not exceed a height of four
feet. Along street frontages, landscaping shall be required in lieu of or in combination with a solid wall, as
determined by the development services director, to screen the development from the residential uses.
F. Open storage of material and equipment permitted in this zone shall be surrounded and screened by a solid
wall or fence, including solid gates where necessary, not less than six feet in height. Materials shall not be
stacked above the height of the screening.
G. For developments under this section using outside storage, the areas devoted to outside storage shall be
treated with a permanent dust binder or other permanent dust control measures consistent with air pollution
control regulations, as approved by the planning director.
H. Roof-top areas of structures adjacent to properties zoned or designated for residential development shall be
completely screened from view by parapets or other finished architectural features constructed to a height of
the highest equipment and unfinished structural element or architectural feature of the building. This
requirement shall apply to all new construction and remodeling of existing structures which involve a change
of fifty percent or more of the roof structure or an addition of fifty percent or more to the floor area of the
structure. (Ord. 4939 § 14, 2018; Ord. 4714 § 1, 2012; Ord. 3964 § 25, 2000; Ord. 3835 § 16, 1998; Ord. 2707 § 3, 1982)
17.28.040 Building height.
Building height in an M-1 zone shall be six stories and not exceed seventy-five feet. (Prior code § 17.31.030)
17.28.050 Front yard.
Front yard requirements in an M-1 zone shall be as follows:
A. All buildings shall be located a minimum of ten feet from the front property line.
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B. All buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.
(Ord. 4236 § 4, 2005; prior code § 17.31.040)
17.28.060 Side yards.
Side yard requirements in an M-1 zone shall be as follows:
A. Where the lot abuts any R, E, MH zone, or PUD project of a residential nature, there shall be a side yard of
not less than twenty feet.
B. On a corner lot, the side yard on the street side of the lot shall be not less than ten feet.
C. In all other cases, a side yard shall not be required.
D. All buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.
(Ord. 4236 § 5, 2005; prior code § 17.31.050)
17.28.070 Rear yard.
Rear yard requirements in an M-1 zone shall be as follows:
A. Where the lot abuts any R, E, MH zone, or PUD project of a residential nature, there shall be a rear yard of
not less than twenty feet.
B. Where there is an alley at the rear of the lot, such rear yard may be measured to the center of the alley.
C. In all other cases, a rear yard shall not be required.
D. All buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.
(Ord. 4236 § 6, 2005; prior code § 17.31.070)
17.28.080 Minimum lot area.
There shall be no minimum lot area in an M-1 zone.
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17.28.090 Distance between buildings on the same lot.
There shall be no dDistance requirements between buildings on the same lot in an M-1 zone shall be as follow:
none, except all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4
zone. (Prior code § 17.31.080)
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Chapter 17.30
M-2 GENERAL MANUFACTURING ZONE
Sections:
17.30.010 Generally.
17.30.020 Uses permitted.
17.30.030 Uses permitted only by conditional use permit.
17.30.035 Additional requirements.
17.30.040 Building height.
17.30.050 Front yard.
17.30.060 Side yards.
17.30.070 Rear yard.
17.30.080 Minimum lot area.
17.30.090 Distance between buildings on the same lot.
17.30.010 Generally.
The regulations set out in this chapter shall apply in the M-2 general manufacturing zone unless otherwise
provided in this chapter. (Prior code § 17.32.010)
17.30.020 Uses permitted.
The following uses are permitted in an M-2 zone:
A. Any use permitted in the M-1 zone; provided, however, that no building shall be used as a dwelling except
accessory buildings which are incidental to the permitted use of the land, and that no building shall have a
dwelling unit except when such use as a dwelling unit is incidental to the primary use of the building.
B. Any of the following uses:
1. Acetylene gas manufacture or storage;
2. Adult entertainment establishments as defined in Section 17.69.020 and subject to the regulations of
Chapter 17.69 of this code;
3. Aircraft and automobile factories;
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4. Agricultural packing plants (vegetables and fruits);
5. Alcohol and alcoholic beverages manufacture;
6. Ammonia, chlorine and bleaching powder manufacture;
7. Automobile and truck manufacture;
8. Automobile and truck parts manufacturer;
9. Bag cleaning;
10. Battery manufacturer;
11. Blast furnaces;
12. Boiler or tank works;
13. Breweries or distilleries, large;
14. Brick, tile or terra cotta products manufacture;
15. Building materials manufacture;
16. Carpet and rug manufacture;
17. Cement and lime manufacturing when the manufacturing plant is equipped capable of collecting at
least ninety-seven percent of all particulate matter from kiln gases;
18. Clay product manufacture;
19. Coke ovens;
20. Cotton gins or oil mills;
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21. Creameries;
22. Crematories;
23. Creosote treatment or manufacture;
24. Disinfectant manufacture;
25. Distillation of coal, wood or tar;
26. Dyestuffs manufacture;
27. Exterminator or insect poison manufacture;
28. Feed, flour and grains mills;
29. Firearms manufacture;
30. Food and/or shelter service as defined in Section 17.04.285;
31. Forge plants;
32. Freighting and trucking yards and terminals;
33. Freight classification yards;
34. Glass and glass product manufacture;
35. Grain elevator;
36. Helipad (in conjunction with a hospital);
37. Iron, steel, brass or copper foundries or fabrication plants, and heavy weight casting;
38. Lamp black manufacture;
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39. Linoleum or oiled products manufacture;
40. Machine shops including punch presses and automatic screw machines;
41. Metal container manufacturer;
42. Ore reduction;
43. Paint, oil, shellac, turpentine or varnish manufacture;
44. Paper or pulp manufacture;
45. Petroleum refining and reclaiming plants;
46. Planing mills;
47. Plastic manufacture;
48. Potash works;
49. Railroad roundhouses and repair shops;
50. Rolling mills;
51. Rubber processing and manufacture;
52. Sawmills;
53. Soap manufacture;
54. Sodium compounds manufacture;
55. Starch manufacture;
56. Tar roofing or waterproofing or other tar products manufacture;
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57. Tire rebuilding, recapping, and retreading plants;
58. Truck stop.
C. The accessory buildings or structures necessary to such use located on the same lot or parcel of land. (Ord.
5008 § 13, 2020; Ord. 4926 § 2, 2018; Ord. 4604 § 1, 2009; Ord. 2926 § 3, 1984; Ord. 2708 § 1, 1982; prior code § 17.32.020)
17.30.030 Uses permitted only by conditional use permit.
While any use may be permitted by conditional use permit pursuant to Section 17.64.020(B), the following
uses are not permitted in the M-2 zone except by conditional use permit issued in accordance with the
procedures provided in Chapter 17.64 of this code:
A. Acid manufacture;
B. Ammunition manufacture;
C. Cement, lime, gypsum or plaster of Paris manufacture;
D. Chemical manufacture;
E. Curing, tanning and storage of rawhide or skins;
F. Distillation of bones;
G. Drop forge industries manufacturing forgings with power hammers;
H. Dumps and refuse disposal areas;
I. Explosives, manufacture or storage;
J. Fat rendering;
K. Feed and fuel yards;
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L. Fertilizer manufacture;
M. Garbage, offal or dead animal reduction or dumping;
N. Gas manufacture;
O. Gelatin or size manufacture;
P. Glucose or dextrine manufacture;
Q. Glue manufacture;
R. Nonmineral oil extraction plants;
S. Recycling center, as defined by Public Resources Code Section 14520, that is within a convenience zone,
as defined by Public Resources Code Section 14509.4;
T. Sewer farms or sewage disposal plants;
U. Smelting of tin, copper, zinc or iron ores;
V. Slaughterhouse;
W. Scrap metal yards, junkyards;
X. Wineries. (Ord. 4950 § 1, 2018; Ord. 4604 § 2, 2009; Ord. 4044 § 1, 2002; Ord. 3746 § 11, 1997; Ord. 3174 § 6, 1988;
prior code § 17.32.026)
17.30.035 Additional requirements.
The following requirements shall apply to all development permitted by this chapter:
A. All permitted and conditional uses pursuant to this chapter shall be subject to site plan review as provided
in Chapter 17.08 of this code.
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B. Landscaping shall be subject to the requirements of Chapter 17.61 of this code.
C. Off-street parking and loading shall be subject to the requirements of Chapter 17.58.
D. Signs shall be subject to the requirements of Chapter 17.60 of this code.
E. Industrial and/or commercial development proposed adjacent to property zoned or designated for
residential development shall be required to be separated by a solid masonry wall constructed a minimum
height of six feet from highest grade. Any wall located within or along the front yard area shall not exceed a
height of four feet. Along street frontages, landscaping shall be required in lieu of or in combination with a
solid wall, as determined by the development services director, to screen the proposed development from the
residential uses.
F. Open storage of material and equipment permitted in this zone shall be surrounded and screened by a solid
wall or fence, including solid gates where necessary, not less than six feet in height. Materials shall not be
stacked above the height of the screening.
G. For developments under this section using outside storage, the areas devoted to outside storage shall be
treated with a permanent dust binder or other permanent dust control measures consistent with air pollution
control regulations, as approved by the planning director.
H. Roof-top areas of structures adjacent to properties zoned or designated for residential development shall be
completely screened from view by parapets or other finished architectural features constructed to a height of
the highest equipment and unfinished structural element or architectural feature of the building. This
requirement shall apply to all new construction and remodeling of existing structures which involve a change
of fifty percent or more of the roof structure or an addition of fifty percent or more to the floor area of the
structure. (Ord. 4939 § 15, 2018; Ord. 4714 § 1, 2012; Ord. 3964 § 26, 2000; Ord. 3835 § 16, 1998; Ord. 2708 § 2, 1982)
17.30.040 Building height.
Building height in an M-2 zone shall be thirteen stories and shall not exceed one hundred fifty feet. (Prior code
§ 17.32.030)
17.30.050 Front yard.
Front yard requirements in an M-2 zone shall be as follows:
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A. All buildings shall be located a minimum of ten feet from the front property line.
B. All buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.
(Ord. 4236 § 7, 2005; prior code § 17.32.040)
17.30.060 Side yards.
Side yard requirements in an M-2 zone shall be as follows:
A. Where the lot abuts any R, E, MH zone, or PUD project of a residential nature, there shall be a side yard of
not less than twenty feet.
B. On a corner lot, the side yard on the street side of the lot shall be not less than ten feet.
C. In all other cases, a side yard shall not be required.
D. All buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.
(Ord. 4236 § 8, 2005; prior code § 17.32.050)
17.30.070 Rear yard.
Rear yard requirements in an M-2 zone shall be as follows:
A. Where the lot abuts any R, E, MH zone, or PUD project of a residential nature, there shall be a rear yard of
not less than twenty feet.
B. Where there is an alley at the rear of the lot, such rear yard may be measured to the center of the alley.
C. In all other cases, a rear yard shall not be required.
D. All buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.
(Ord. 4236 § 9, 2005; prior code § 17.32.060)
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17.30.080 Minimum lot area.
There shall be no mMinimum lot area in an M-2 zone shall be as follows: none, except all buildings used
exclusively for dwelling purposes shall comply with the provisions of the R-4 zone. (Prior code § 17.32.070)
17.30.090 Distance between buildings on the same lot.
There shall be no dDistance requirements between buildings on the same lot in an M-2 zone shall be as
follows: nine, except all buildings exclusively for dwelling purposes shall comply with the provisions of the R-
4 zone. (Prior code § 17.32.080)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Chapter 17.31
M-3 (HEAVY INDUSTRIAL) ZONE
Sections:
17.31.010 Generally.
17.31.020 Uses permitted.
17.31.030 Uses permitted only by conditional use permit.
17.31.040 Additional requirements.
17.31.050 Building height.
17.31.060 Front yard.
17.31.070 Side yards.
17.31.080 Rear yard.
17.31.090 Minimum lot area.
17.31.100 Distance between buildings on the same lot.
17.31.010 Generally.
The regulations set out in this chapter shall apply in the M-3 (heavy industrial) zone unless otherwise provided
in this chapter. The M-3 zone is intended to provide areas suitable for the development of heavy manufacturing
and industrial uses, processing of animals for food or byproducts, waste recycling or disposal processing, and
processing or manufacture of undesirable products. Uses allowed in the M-3 zone are incompatible with other
land uses and should be located in places substantially removed from uses which may be impacted from M-3
uses. (Ord. 3383 § 1, 1991)
17.31.020 Uses permitted.
The following uses are permitted in an M-3 zone:
A1. Acetylene gas manufacture and storage,
B2. Acid manufacture,
C3. Alcohol and alcoholic beverage manufacturing and distillation,
D4. Beef, swine, poultry or rabbit slaughter,
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
E5. Blast furnaces,
F6. Cement and lime manufacturing when the manufacturing plant is equipped capable of collecting at least
ninety-seven percent of all particulate matter from kiln gases,
G7. Chemical manufacture,
H8. Clay product manufacture,
I9. Coke ovens,
J10. Cotton gins or oil mills,
K11. Creosote treatment or manufacture,
L12. Curing, tanning, and storage of raw hide or skins,
M13. Disinfectant manufacture,
N14. Distillation of coal, wood, bones, or tar,
O15. Drop forge industries manufacturing forgings with power hammers,
P16. Explosives, manufacture or storage,
Q17. Exterminator or insect poison manufacture,
R18. Fat rendering,
S19. Feed and fuel yards,
T20. Fertilizer manufacture,
U21. Forge plants,
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
V22. Gelatin or size manufacture,
W23. Glass or glass product manufacture,
X24. Glucose or dextrine manufacture,
Y25. Glue manufacture,
Z26. Iron, steel, brass or copper foundries or fabrication plants, and heavy weight casting,
AA27. Nonmineral oil extracting plants,
BB28. Ore reduction,
CC29. Paint, oil, shellac, turpentine or varnish manufacture,
DD30. Paper or pulp manufacture,
EE31. Petroleum refining, reclaiming plants, and associated uses,
FF32. Rolling mills,
GG33. Rubber processing and manufacture,
HH34. Sawmills,
II35. Smelting of tin, copper, zinc, or iron ores,
JJ36. Scrap metal yards, junkyards,
KK37. Tar roofing or waterproofing or other tar products manufacture,
LL38. Accessory buildings or structures necessary to such use located on the same lot or parcel of land,
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
MM39. Dwelling for use by a caretaker or night security, or as accessory and incidental to the permitted use
on the parcel. (Ord. 3383 § 1, 1991)
17.31.030 Uses permitted only by conditional use permit.
While any use may be permitted by conditional use permit pursuant to subsection B of Section 17.64.020, the
following uses are not permitted in the M-3 zone except by conditional use permit issued in accordance with
the procedures provided in Chapter 17.64 of this code:
A. Coal-fired cogeneration facility or steam generators;
B. Community septic disposal systems;
C. Electrical power generator plants;
D. Hazardous waste disposal facilities;
E. Mining and mineral extraction;
F. Nonhazardous oily waste disposal facilities;
G. Sanitary landfills;
H. Septage disposal sites;
I. Sewage treatment plants;
J. Transfer station;
K. Waste-to-energy facilities. (Ord. 3746 § 12, 1997; Ord. 3383 § 1, 1991)
17.31.040 Additional requirements.
The following requirements shall apply to all development permitted by this chapter:
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
A. All permitted and conditional uses pursuant to this chapter shall be subject to site plan review as provided
in Chapter 17.08 of this code.
B. Landscaping shall be subject to the requirements of Chapter 17.61 of this code.
C. Off-street parking and loading shall be subject to the requirements of Chapter 17.58 of this code.
D. Signs shall be subject to the requirements of Chapter 17.60 of this code.
E. Industrial and/or commercial development proposed adjacent to property zoned or designated for
residential development shall be required to be separated by a solid masonry wall constructed a minimum
height of six feet from highest grade. Any wall located within or along the front yard area shall not exceed a
height of four feet. Along street frontages, landscaping shall be required in lieu of or in combination with a
solid wall, as determined by the development services director, to screen the proposed development from the
residential uses.
F. Open storage of material and equipment permitted in this zone shall be surrounded and screened by a solid
wall or fence, including solid gates where necessary, not less than six feet in height. Materials shall not be
stacked above the height of the screening.
G. For developments under this section using outside storage, the areas devoted to outside storage shall be
treated with a permanent dust binder or other permanent dust control measures consistent with air pollution
control regulations, as approved by the planning director.
H. Roof-top areas of structures adjacent to properties zoned or designated for residential development shall be
completely screened from view by parapets or other finished architectural features constructed to a height of
the highest equipment and unfinished structural element or architectural feature of the building. This
requirement shall apply to all new construction and remodeling of existing structures which involve a change
of fifty percent or more of the roof structure or an addition of fifty percent or more to the floor area of the
structure. (Ord. 4939 § 16, 2018; Ord. 4714 § 1, 2012; Ord. 3964 § 27, 2000; Ord. 3835 § 17, 1998; Ord. 3383 § 1, 1991)
17.31.050 Building height.
Building height in an M-3 zone shall not exceed two hundred ten feet (approximately fourteen stories). (Ord.
3383 § 1, 1991)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
17.31.060 Front yard.
Front yard requirements in an M-3 zone shall be as follows:
A. All buildings shall be located not nearer than ten feet from the front property line.
B. All buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.
(Ord. 3383 § 1, 1991)
17.31.070 Side yards.
Side yard requirements in an M-3 zone shall be as follows:
A. Where the lot abuts any R, E, MH zone, or PUD project of a residential nature, there shall be a side yard of
not less than twenty feet.
B. On a corner lot, the side yard on the street side of the lot shall be not less than ten feet.
C. In all other cases, a side yard shall not be required.
D. All buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.
(Ord. 4236 § 10, 2005; Ord. 3383 § 1, 1991)
17.31.080 Rear yard.
Rear yard requirements in an M-3 zone shall be as follows:
A. Where the lot abuts any R, E, MH zone, or PUD project of a residential nature, there shall be a rear yard of
not less than twenty feet.
B. Where there is an alley at the rear of the lot, such rear yard may be measured to the center of the alley.
C. In all other cases, a rear yard shall not be required.
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
D. All buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.
(Ord. 4236 § 11, 2005; Ord. 3383 § 1, 1991)
17.31.090 Minimum lot area.
There shall be no minimum lot area in an M-3 zone. (Ord. 3383 § 1, 1991)
17.31.100 Distance between buildings on the same lot.
There shall be no distance required between buildings on the same lot in an M-3 zone, except all buildings
used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone. (Ord. 3383 § 1, 1991)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Chapter 17.32
A AGRICULTURE ZONE
Sections:
17.32.010 Generally.
17.32.020 Uses permitted.
17.32.030 Uses permitted subject to planning director review and approval.
17.32.040 Building height, yards and distance between buildings on same lot.
17.32.050 A-20A (agricultural twenty-acre minimum lot size) zone.
17.32.060 A-WR (agricultural – water recharge combining) zone.
17.32.010 Generally.
The regulations set out in this chapter shall apply in the A agricultural zone unless otherwise provided in this
title. (Ord. 4970 § 1, 2019; prior code § 17.36.010)
17.32.020 Uses permitted.
The following uses are permitted in an A zone:
A. Any use permitted in the R-1 zoneOne single-unit dwelling;
B. Housing, Employee, Agriculture
BC. Accessory agricultural buildings and uses, including farm buildings, housing for agricultural workers,
garages and implement shelters, provided no livestock or any building or enclosure used in connection with
livestock shall be located nearer than one hundred feet to the front lot line, nor nearer than fifty feet to any
existing dwelling on any contiguous property, nor nearer than one hundred feet to any public park, school,
hospital or similar institution;
CD. Hatching, raising and fattening of chickens, turkeys, or other fowl, or poultry or rabbits, fish or frogs for
domestic or commercial use; provided, that no commercial poultry pen or coop or commercial rabbitry shall be
maintained on a building site containing an area of less than one acre;
DE. Agricultural and horticultural uses including nurseries, greenhouses, orchards, the keeping of one or
more beehives or the raising of field crops, tree crops, berry or bush crops, or vegetable or flower gardening on
a commercial scale;
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
EF. The keeping of bovine animals, horses, mules, sheep, goats and hogs (none garbage fed); provided, that
the number thereof shall not exceed a number per acre equal to four adult animals in any combination of the
foregoing animals and their immature offspring; and provided, that in no event shall there be more than five
hogs kept on any premises. (Ord. 4970 § 1, 2019; Ord. 2985 § 4, 1985; Ord. 2709 § 1, 1982; prior code § 17.36.020)
17.32.030 Uses permitted subject to planning director review and approval.
The following uses may be permitted subject to review and approval by the planning director:
Private or public open recreational or sporting uses or events for a period of not to exceed one week at a time.
(Ord. 4970 § 1, 2019; Ord. 3964 § 28, 2000; Ord. 2709 § 2, 1982; prior code § 17.36.025)
17.32.040 Building height, yards and distance between buildings on same lot.
None, except that on parcels or lots of less than fifteen thousand square feet in area and recorded as a separate
lot in the office of the county recorder prior to the enactment of Ordinance No. 1010 (1954), the parcel or lot
may be occupied by not more than one dwelling unit. Regulations shall be the same as required in the R-1
zone; provided, that all buildings shall be located not nearer than one hundred ten feet from the centerline of
any existing or planned public street or highway. (Ord. 4970 § 1, 2019; Ord. 2709 § 3, 1982; prior code § 17.36.030)
17.32.050 A-20A (agricultural twenty-acre minimum lot size) zone.
All permitted uses and regulations in the A-20A (agricultural twenty-acre minimum lot size) zone shall be the
same as for the A zone, except that the minimum lot size shall not be less than twenty acres. (Ord. 4970 § 1, 2019;
Ord. 2709 § 4, 1982)
17.32.060 A-WR (agricultural – water recharge combining) zone.
All permitted uses and regulations in the A-WR zone shall be the same as for the A zone, except that “surface
water spreading grounds” may also occur as a permitted use. (Ord. 4970 § 1, 2019)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Chapter 17.34
RESERVEDP AUTOMOBILE PARKING ZONE
Sections:
17.34.010 Generally.
17.34.020 Uses permitted.
17.34.030 Additional requirements.
17.34.010 Generally.
Land may be classified as being in the P zone and subject to development standards related thereto or the zone
may be used as an overlay to modify the R zones specified in this code, and subject to all restrictions
applicable to the R zones, thereby providing more restrictive development in the R zones. (Ord. 2710 § 1, 1982;
prior code § 17.40.010)
17.34.020 Uses permitted.
The following uses are permitted in a P zone:
A. Any use permitted in the R zone in which the land is classified and when so used subject to all of the
provisions contained in the sections defining such zone;
B. Parking lot, except for trucks of over one-ton capacity;
C. Farmers market; provided it is conducted on a paved surface, shall not be operated more than two 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 of this code. (Ord. 3835 § 18, 1998; Ord. 3695 § 3, 1995; Ord. 2710 § 2, 1982; prior code § 17.40.020)
17.34.030 Additional requirements.
The following requirements shall apply to all development permitted by this chapter:
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
A. All permitted and conditional uses pursuant to this chapter shall be subject to site plan review as provided
in Chapter 17.08 of this code.
B. Landscaping shall be subject to the requirements of Chapter 17.61 of this code.
C. Off-street parking and loading shall be subject to the requirements of Chapter 17.58 of this code.
D. Signs shall be subject to the requirements of Chapter 17.60 of this code. (Ord. 3835 § 19, 1998; Ord. 2710 § 3,
1982; prior code § 17.40.024)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Chapter 17.35
RE (RECREATION) ZONE
Sections:
17.35.010 Generally.
17.35.020 Uses permitted.
17.35.030 Conditional uses.
17.35.040 Additional requirements.
17.35.010 Generally.
The following regulations shall apply in the RE (recreation) zone unless otherwise provided in this title. (Ord.
2711 § 1, 1982)
17.35.020 Uses permitted.
Any of the following uses:
A. Archery ranges;
B. Baseball, football, soccer, track, field or basketball stadiums or facilities;
C. Equestrian facilities;
D. Golf courses;
E. Gun clubs or shooting ranges;
F. Automotive, cycle or horse racetracks;
G. Racquetball facilities;
H. Swimming pools;
I. Tennis clubs or courts;
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J. Support uses to commercial recreation listed herein, including, but not limited to, offices, restaurants,
motels and gift and apparel shops. (Ord. 2711 § 1, 1982)
17.35.030 Conditional uses.
Establishments or enterprises designed or used for large assemblages of people, with the exception of those
uses identified in Section 17.35.020, may be permitted upon the granting of a conditional use permit. (Ord. 2711
§ 1, 1982)
17.35.040 Additional requirements.
The following requirements shall apply to all development permitted by this chapter:
A. All permitted and conditional uses pursuant to this chapter shall be subject to site plan review as provided
in Chapter 17.08 of this code.
B. Building height, distance between buildings, and yard requirements shall be determined by the appropriate
approving authority for each use based on established city ordinances and policies to ensure compatibility with
adjoining land uses and promote the public health, safety and welfare of the neighborhood and community.
C. Landscaping shall be subject to the requirements of Chapter 17.61 of this code.
D. Off-street parking and loading shall be subject to the requirements of Chapter 17.58.
E. Signs shall be subject to the requirements of Chapter 17.60 of this code.
F. Development proposed adjacent to property zoned or designated for residential development shall be
required to be separated by a solid masonry wall constructed a minimum height of six feet from highest grade.
Any wall located within or along the front yard area shall not exceed a height of four feet. Along street
frontages, landscaping shall be required in lieu of or in combination with a solid wall, as determined by the
development services director, to screen the proposed development from the residential uses.
G. Open storage of material and equipment permitted in this zone shall be surrounded and screened by a solid
wall or fence, including solid gates where necessary, not less than six feet in height. Materials shall not be
stacked above the height of the screening.
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H. For developments under this section using outside storage, the areas devoted to outside storage shall be
treated with a permanent dust binder or other permanent dust control measures consistent with air pollution
control regulations, as approved by the planning director.
I. Roof-top areas of structures adjacent to property zoned or designated for residential development shall be
completely screened from view by parapets or other finished architectural features constructed to a height of
the highest equipment and unfinished structural element or architectural feature of the building. This
requirement shall apply to all new construction and remodeling of existing structures which involve a change
of fifty percent or more of the roof structure or an addition of fifty percent or more to the floor area of the
structure. (Ord. 4939 § 17, 2018; Ord. 4714 § 1, 2012; Ord. 3964 § 29, 2000; Ord. 3835 § 20, 1998; Ord. 2711 § 1, 1982)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Chapter 17.36
RESERVEDCHURCH (CH) COMBINING ZONE
Sections:
17.36.010 Generally.
17.36.020 Uses permitted.
17.36.025 Uses permitted subject to conditional use permit.
17.36.030 Additional requirements.
17.36.010 Generally.
The CH zone is a combining zone in R-1, R-2 and R-3 zones and is subject to the restrictions set out in this
chapter and the underlying zone district unless otherwise provided in this title. (Ord. 4938 § 2, 2018; Ord. 3375 § 1,
1991; prior code § 17.42.010)
17.36.020 Uses permitted.
The following uses are permitted in a CH combining zone:
A. Churches;
B. Sanctuaries;
C. Sunday schools;
D. Unlighted playfields;
E. Any use permitted in the R-1, R-2 and R-3 zones in which the land is classified and when so subject to all
of the provisions contained in the sections defining the zone. (Ord. 4938 § 3, 2018; Ord. 3835 § 21, 1998; Ord. 3375
§ 1, 1991; prior code § 17.42.020)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
17.36.025 Uses permitted subject to conditional use permit.
While any use may be permitted by conditional use permit pursuant to Section 17.64.020(B), the following
uses are not permitted in the CH (Church) combining zone except by conditional use permit issued in
accordance with the procedures provided in Chapter 17.64 of this code:
A. Certified farmers markets;
B. Lighted play fields;
C. Day care centers;
D. Private schools. (Ord. 4938 § 4, 2018; Ord. 3746 § 13, 1997; Ord. 3375 § 1, 1991; Ord. 2818 § 3, 1983)
17.36.030 Additional requirements.
The following requirements shall apply to all development permitted by this chapter:
A. All permitted and conditional uses pursuant to this chapter shall be subject to site plan review as provided
in Chapter 17.08 of this code.
B. Building height, distance between buildings, and yard requirements shall be the same as the other zone in
which the land is classified. For church related development only, towers, steeples, cupolas, symbols and other
architectural features not providing additional floor space within the building may extend not more than ten
feet above the height limit provided in the other zone in which the land is classified.
C. Landscaping shall be subject to the requirements of Chapter 17.61 of this code.
D. Off-street parking and loading shall be subject to the requirements of Chapter 17.58.
E. Signs shall be subject to the requirements of Chapter 17.60 of this code.
F. Churches and related development proposed adjacent to property zoned or designated for residential
development shall be required to be separated by a solid masonry wall constructed a minimum height of six
feet from highest grade. Any wall located within or along the front yard area shall not exceed a height of four
feet. Along street frontages, landscaping shall be required in lieu of or in combination with a solid wall, as
determined by the development services director, to screen the proposed development from the residential
uses.
G. Roof-top areas of churches and related development shall be completely screened from view by parapets
or other finished architectural features constructed to a height of the highest equipment and unfinished
structural element or architectural feature of the building. This requirement shall apply to all new construction
and remodeling of existing structures which involve a change of fifty percent or more of the roof structure or
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an addition of fifty percent or more to the floor area of the structure. (Ord. 4939 § 18, 2018; Ord. 4714 § 1, 2012; Ord.
3964 § 30, 2000; Ord. 3835 § 22, 1998; Ord. 3375 § 1, 1991; Ord. 2712 § 1, 1982; prior code § 17.42.030)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Chapter 17.37
OS (OPEN SPACE) ZONE
Sections:
17.37.010 Generally.
17.37.020 Purpose.
17.37.030 Uses permitted.
17.37.040 Uses permitted subject to planning director permit.
17.37.050 Uses permitted only by conditional use permit.
17.37.060 Additional requirements.
17.37.010 Generally.
The regulations set out in this chapter shall apply in the OS (open space) zone unless otherwise provided. (Ord.
2713 § 1, 1982)
17.37.020 Purpose.
The purpose of the OS (open space) zone is to provide for permanent open spaces and recreational uses and to
safeguard the health, safety and welfare of the people by limiting developments in areas where protection from
unstable soils, flooding, seismic activity or other special circumstances is required. (Ord. 2713 § 1, 1982)
17.37.030 Uses permitted.
The following uses are permitted in the OS zone:
A. Agricultural use;
B. Parks for passive recreational use;
C. Wildlife preserves;
D. Riding and hiking trails;
E. Permanent unlighted recreation facilities for small-scale, unorganized use such as softball diamonds,
soccer or football fields, playground equipment and tennis courts. (Ord. 3835 § 23, 1998; Ord. 2713 § 1, 1982)
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17.37.040 Uses permitted subject to planning director permit.
The following uses are permitted subject to a permit issued by the planning director:
Private or public open recreational or sporting uses or events for a period not to exceed one week at a time.
(Ord. 3835 § 24, 1998; Ord. 2713 § 1, 1982)
17.37.050 Uses permitted only by conditional use permit.
While any use may be permitted by conditional use permit pursuant to subsection B of Section 17.64.020, the
following uses are not permitted in the OS zone except by conditional use permit issued in accordance with the
procedures provided in Chapter 17.64 of this title:
A. Single-family unit residential uses;
B. Public and private campgrounds and recreational vehicle parks;
C. Public utility structures;
D. Archery ranges;
E. Equestrian facilities;
F. Golf courses and driving ranges;
G. Gun clubs or shooting ranges;
H. Racetracks;
I. Baseball batting ranges;
J. Wholesale nurseries. (Ord. 3746 § 14, 1997; Ord. 2713 § 1, 1982)
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17.37.060 Additional requirements.
The following requirements shall apply to all development permitted by this chapter:
A. All permitted and conditional uses pursuant to this chapter shall be subject to site plan review as provided
in Chapter 17.08 of this code.
B. Building height, distance between buildings, and yard requirements shall be determined by the appropriate
approving authority for each use based on established city ordinances and policies to ensure compatibility with
adjoining land uses and promote the public health, safety and welfare of the neighborhood and community.
C. Landscaping shall be subject to the requirements of Chapter 17.61 of this code.
D. Off-street parking and loading shall be subject to the requirements of Chapter 17.58.
E. Signs shall be subject to the requirements of Chapter 17.60 of this code.
F. Open storage of material and equipment permitted in this zone shall be surrounded and screened by a solid
wall or fence, including solid gates where necessary, not less than six feet in height. Materials shall not be
stacked above the height of the screening.
G. For developments under this section using outside storage, the areas devoted to outside storage shall be
treated with a permanent dust binder or other permanent dust control measures consistent with air pollution
control regulations, as approved by the planning director. (Ord. 3835 § 25, 1998; Ord. 2832 § 1, 1983; Ord. 2713 § 1,
1982)
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Chapter 17.38
HOSPITAL (HOSP) ZONING
Sections:
17.38.010 Generally.
17.38.020 Uses permitted.
17.38.030 Additional requirements.
17.38.010 Generally.
Land classified in R-1, R-2 and R-3 zones may also be classified as a hospital zone and the restrictions set out
in this chapter shall comply with the restrictions set out in this chapter apply in the hospital zone unless
otherwise provided in this title. (Ord. 3376 § 1, 1991; prior code § 17.43.010)
17.38.020 Uses permitted.
The following uses are permitted in a hospital zone:
A. Any use permitted in the R-1, R-2 and R-3 zones in which the land is classified and when so used subject
to all of the provisions contained in the sections defining the zone;
BA. Hospitals, sanitariums, rest homes, convalescent homes, maternity homes and homes for the aged, except
animal hospitals, clinics, hospitals or sanitariums for mental, drug or liquor addict cases. (Ord. 3835 § 26, 1998;
Ord. 3376 § 1, 1991; prior code § 17.43.020)
17.38.030 Additional requirements.
The following requirements shall apply to all development permitted by this chapter:
A. All permitted and conditional uses pursuant to this chapter shall be subject to site plan review as provided
in Chapter 17.08 of this code.
B. Building height, distance between buildings, and yard requirements shall be the same as the other zone in
which the land is classified.
C. Landscaping shall be subject to the requirements of Chapter 17.61 of this code.
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D. Off-street parking and loading shall be subject to the requirements of Chapter 17.58.
E. Signs shall be subject to the requirements of Chapter 17.60 of this code.
F. Hospitals and related development proposed adjacent to property zoned or designated for residential
development shall be required to be separated by a solid masonry wall constructed a minimum height of six
feet from highest grade. Any wall located within or along the front yard area shall not exceed a height of four
feet. Along street frontages, landscaping shall be required in lieu of or in combination with a solid wall, as
determined by the development services director, to screen the proposed development from the residential
uses.
G. Roof-top areas of hospitals and related development shall be completely screened from view by parapets
or other finished architectural features constructed to a height of the highest equipment and unfinished
structural element or architectural feature of the building. This requirement shall apply to all new construction
and remodeling of existing structures which involve a change of fifty percent or more of the roof structure or
an addition of fifty percent or more to the floor area of the structure. (Ord. 4939 § 19, 2018; Ord. 4714 § 1, 2012; Ord.
3964 § 31, 2000; Ord. 3835 § 27, 1998; Ord. 3376 § 1, 1991; Ord. 2714 § 1, 1982; prior code § 17.43.030)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Chapter 17.41
RESERVEDAD (ARCHITECTURAL DESIGN) ZONE
Sections:
17.41.010 Purpose.
17.41.020 Overlay application.
17.41.030 Designation of architectural design districts, buildings and sites.
17.41.040 Architectural standards.
17.41.050 Approval of plans—Procedure.
17.41.010 Purpose.
The purpose of the AD (architectural design) zone is to promote the general welfare of the public through the
establishment or the protection and enhancement of structures and districts within the city which exhibit
unique historic, architectural and engineering design features which are deemed by the city council to be of
cultural and aesthetic benefit to the community as a whole. (Ord. 2716 § 1, 1982)
17.41.020 Overlay application.
Land classified in an AD zone shall also be classified in another zone, and the following regulations shall
apply in the AD (architectural design) zone unless otherwise provided in this title. (Ord. 2716 § 1, 1982)
17.41.030 Designation of architectural design districts, buildings and sites.
For the purposes of the chapter, an improvement may be designated as subject to architectural design
restrictions by the city council and any area within the city may be designated an architectural design district
by the city council pursuant to this section if the owner or owners thereof consent to such designation and it
meets any of the following criteria:
A. Historical and Cultural Significance.
1. The structure or district proposed for designation is particularly representative of a distinct historical
period, type, style, region or way of life.
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
2. The structure or district proposed for designation is or contains a type of building or buildings which
was once common, but is now rare.
3. The structure or district proposed for designation was connected with someone renowned or
important, or local personality.
4. The structure or district proposed for designation is connected with a business or use which was once
common, but is now rare.
5. The structure or district proposed for designation is the site of an important historic event or is
associated with events that have made a meaningful contribution to the nation, state or community.
B. Architectural, the Engineering Significance.
1. The structure or district proposed for designation exemplifies a particular architectural style or way of
life important to the city.
2. The construction materials or engineering methods used in the structure or district proposed for
designation embody elements of outstanding attention to architectural or engineering design, detail,
material or craftsmanship. (Ord. 2716 § 1, 1982)
17.41.040 Architectural standards.
In order that buildings, structures, signs and landscaping be consistent with the provisions of this chapter,
architectural standards shall be adopted for application to improvements and districts designated with the AD
(architectural design) zone. The establishment of such standards shall include, but not be limited to, the
following architectural characteristics:
A. The height, bulk and area of buildings;
B. The setback distances from all property lines;
C. The colors and materials on the exterior;
D. The type and pitch of roofs;
E. The size, type and location of signs;
F. Towers, chimneys, roof structures, flagpoles, radio and television masts;
G. Plot plan landscaping and automobile parking area;
H. The relation to the existing buildings and structures in the general vicinity and area;
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
I. Style and effect to be achieved. (Ord. 2716 § 1, 1982)
17.41.050 Approval of plans—Procedure.
A. Where the city council has made an independent finding of the necessity of imposing architectural control
for one or more of the reasons set out in this chapter, plans of exterior architectural design and appearance of
all buildings and structures, plot plans, landscape plans, advertising sign plans, parking area plans and building
setback plans shall be subject to the approval of the planning commission in order that the proposed buildings,
structures, signs and landscaping will be consistent with the adopted standards pursuant to Section 17.41.040.
B. In the event it is determined that any proposed structure is inconsistent with the standards required of
Section 17.41.040, the planning commission shall confer with the applicant in an endeavor to have the plans
changed so that the structure will be harmonious in ap-pearance with the surroundings. In case the applicant is
not satisfied with the action of the planning commission, he may, within thirty days after such action, appeal in
writing to the city council. The city council shall hold a public hearing on the appeal and shall render its
decision thereon within thirty days after the filing thereof. Upon approval by the city council, the building
permit shall be issued, provided all other requirements of law have been met. (Ord. 2716 § 1, 1982)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Chapter 17.42
FP-P FLOODPLAIN PRIMARY ZONE
Sections:
17.42.010 Generally.
17.42.020 Purpose and application.
17.42.030 Uses permitted.
17.42.040 Uses permitted subject to building director permit.
17.42.060 Uses permitted only by conditional use permit.
17.42.070 Uses specifically prohibited.
17.42.010 Generally.
The regulations set out in this chapter shall apply in the FP-P floodplain primary zone unless otherwise
provided in this chapter. (Prior code § 17.46.010)
17.42.020 Purpose and application.
A. Purpose. The purpose of the FP-P zone, primary floodplain zone shall be the prevention of loss of life, the
minimization of property damage, and the maintenance of satisfactory conveyance capacities of waterways
through the prevention of obstructions in the floodplain which diminish the ability of the floodplain to carry
overloads during periods of flooding and to permit economic recovery of oil, gas and hydrocarbon substances,
to the end that such economically vital development will offer a minimum obstruction to flood-flow, will not
cause peripheral flooding of other properties, will not materially impair the ability of the primary floodplain to
discharge the waters resulting from an intermediate regional flood, will either be resistant to flotation or
immune to extensive damage by flooding. This zone is intended for application in those areas of the city which
lie within natural streambeds and those portions of adjacent floodplains through which high velocity
waterflows are channelized in times of flood.
B. Exclusive Zone. This zone is an exclusive zone and may be applied only to those areas within the
boundaries of the intermediate regional flood which have been determined to be the primary floodplain area.
(Prior code § 17.46.020)
17.42.030 Uses permitted.
The following uses are permitted in the FP-P zone:
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
A. Remedial work, improvements and floodproofing which will permit development within such zone in
accordance with this chapter so that any such development will offer no more obstruction to flood flow than
that which will cause a zero rise in the surface of the intermediate regional flood in any section of the river,
will not cause peripheral flooding of other properties, will not materially impair the ability of the primary
floodplain to discharge the waters resulting from an intermediate regional flood, will either be resistant to
flotation or immune to extensive damage by flooding and will not endanger life or property;
B. Flood control channels, surface water spreading grounds, streambed retarding basins and other similar
facilities;
C. Grazing, field crops, truck gardening, wildlife preserves, horticultural specialties, excluding trees, and
similar agricultural or open space uses, riding and hiking trails;
D. Public utility facilities excepting those structures for which a conditional use permit is required under
Section 17.42.060. (Ord. 5064 § 1, 2021; prior code § 17.46.030)
17.42.040 Uses permitted subject to building director permit.
The following uses are permitted in an FP-P zone subject to a permit issued by the building director:
A. Private or public open recreational or sporting uses or events for a period of not to exceed one week at a
time;
B. Water wells, drilled not less than ten feet of the toe of the bank of the river. (Ord. 3477 § 7, 1992; Ord. 2800
§ 1, 1983; prior code § 17.46.040)
17.42.060 Uses permitted only by conditional use permit.
Notwithstanding subsection B of Section 17.64.020, the following uses are the only uses permitted by
conditional use permit issued in accordance with the procedures provided in Chapter 17.64 of this title:
A. Public and private open recreational or sporting uses, including parks, aquatic facilities, playgrounds,
campgrounds, golf courses, golf driving ranges, fishing and hunting clubs.
B. Parking lots.
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C. Public utility structures;
D. Temporary and readily removable structures accessory to uses permitted under Sections 17.42.030 and
17.42.040. (Ord. 3746 § 15, 1997; Ord. 2981 § 4, 1985; Ord. 2717 § 2, 1982; prior code § 17.46.050)
17.42.070 Uses specifically prohibited.
The following uses are specifically prohibited in the FP-P zone:
A. All uses not permitted by Sections 17.42.030, 17.42.040 and 17.42.060;
B. Human habitations;
C. Excavations that will tend to direct flood-flows out of the natural floodplain;
D. Storage of floatable substances or materials which will add to the debris load of a stream or watercourse;
E. Improvements, developments or encroachments which will endanger life or property or that will obstruct
the natural flow of floodwater or impair the ability of the streambed and that portion of the floodplain that
would be used to carry flood-flows, to carry and discharge the waters resulting from the intermediate regional
flood;
F. Any use which endangers temporary safeguards erected until such time as flood protection or control
works have been constructed;
G. Drilling for and production of petroleum, except that area located within the state approved boundary of
the Kern River oil field as delineated on Map 457 of the D.O.G. (Ord. 3477 § 3, 1992; prior code § 17.46.060)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Chapter 17.44
FP-S FLOODPLAIN SECONDARY ZONE
Sections:
17.44.010 Generally.
17.44.020 Purpose and application.
17.44.030 Uses permitted.
17.44.040 Uses permitted subject to building director permit.
17.44.060 Uses permitted only by conditional use permit.
17.44.070 Uses specifically prohibited.
17.44.010 Generally.
The regulations set out in this chapter shall apply in the FP-S floodplain secondary zone unless otherwise
provided in this chapter. (Prior code § 17.46.090)
17.44.020 Purpose and application.
A. Purpose. The purpose of the FP-S, secondary floodplain combining zone shall be the protection of life and
property from the hazards and damages which may result from floodwaters of the intermediate regional flood
and to permit economic recovery of oil, gas and hydrocarbon substances.
B. Application. This zone is intended for application to those areas of the city which lie within the fringe area
of the floodplain and are subject to less severe inundation during flooding conditions than occurs in the FP-P
zone. This zone may be applied only to those areas located within boundaries of the intermediate regional
flood which lie outside the FP-P primary floodplain zone. Land may be classified as being solely in the FP-S
zone and subject to the development standards and regulations set forth in this chapter or the FP-S zone may
be used as an overlay to modify an underlying zone and provide more restrictive standards and regulations than
would otherwise apply in such underlying zone. (Ord. 2800 § 2, 1983; prior code § 17.46.100)
17.44.030 Uses permitted.
Subject to the prohibitions of Section 17.44.070, the following uses are permitted in the FP-S zone:
A. All uses permitted by Section 17.42.030;
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
B. Single-family unit dwellings and accessory residential, recreational and agricultural structures shall be
allowed if they are allowed in the underlying or base zone, if any, only if they comply with one of the
following conditions:
1. The finish floor grade of any such building will be above the intermediate regional flood level, or
2.
a. All permanent buildings will be protected from flooding by dikes, levees or other flood
protection works whose design is approved by the city engineer,
b. Individual sewage systems shall be maintained outside the limits of the FP-S zone, unless
protected by flood-control devices approved by the city engineer and shall not be located closer than
one hundred feet to any surface water source (domestic, agricultural wells, etc.). (Ord. 2800 § 3, 1983;
prior code § 17.46.110)
17.44.040 Uses permitted subject to building director permit.
The following uses are permitted in a FP-S zone subject to a permit issued by the building director:
A. Any use permitted under Section 17.42.040 subject to the regulations and conditions as provided in this
section.
B. The building director shall issue a permit for the drilling of an oil, gas, or water well only if, in addition to
determining that all other regulations applicable thereto have been or will be complied with, he determines to
his satisfaction, after consultation with the director of the city department of water resources, that the proposed
well is so located in coordination with other drilling locations so that the combined effect of such wells will
not produce a rise in the surface of the one-hundred-year flood in excess of one foot. (Ord. 3477 § 4, 1992; Ord.
2800 §§ 4, 5, 1983; prior code § 17.46.120)
17.44.060 Uses permitted only by conditional use permit.
While any use may be permitted by conditional use permit pursuant to subsection B of Section 17.64.020, the
following uses are not permitted in the FP-S zone except by conditional use permit issued in accordance with
the procedures provided in Chapter 17.64 of this title:
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
A. All uses permitted in the underlying or base zone, if any, which are not allowed pursuant to Section
17.44.030.
B. All uses which may be permitted subject to planning director approval and conditional use permit in the
underlying or base zone, if any.
C. Recreation areas, parks, campgrounds, playgrounds, fishing lakes, hunting and gun clubs, golf courses,
golf driving ranges, parking lots.
D. Temporary and readily removable structures accessory to recreational or agricultural uses.
E. Riding stables.
F. Public utility facilities. (Ord. 3943 § 10, 1999; Ord. 3746 § 16, 1997; Ord. 2800 §§ 6, 7, 1983; prior code § 17.46.130)
17.44.070 Uses specifically prohibited.
The following uses are specifically prohibited in the FP-S zone:
A. Landfills, improvements, developments or other encroachments which will, in the opinion of the city
engineer, endanger life or property or that will significantly obstruct the natural flow of floodwater within the
intermediate regional flood elevation;
B. Storage of floatable substances or materials which will add to the debris load of the watercourse;
C. Excavations that will tend to broaden the floodplain or direct flows out of the natural floodplain. (Ord. 2800
§ 8, 1983; prior code § 17.46.140)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Chapter 17.45
AA (AIRPORT APPROACH) ZONE
Sections:
17.45.010 Generally.
17.45.011 Legislative authority.
17.45.012 Definitions.
17.45.020 Types of zones and height limits.
17.45.030 Airport approach zoning map.
17.45.040 Enforcement.
17.45.050 Permits.
17.45.010 Generally.
Land classified in an AA zone shall also be classified in another zone, and the provisions set forth in Section
17.45.020 shall apply in the AA (airport approach) zone unless otherwise provided in this title. (Ord. 2719 § 1,
1982)
17.45.011 Legislative authority.
This chapter is adopted pursuant to the Airport Approach Zoning Law of the state (commencing at Section
50485 of the Government Code of the state) and the Planning and Zoning Law of the state (commencing at
Section 65000 of the Government Code of the state). (Ord. 2719 § 1, 1982)
17.45.012 Definitions.
Except where the context otherwise requires, the following definitions shall govern the construction of this
chapter:
A. “Airport” means any area of land or water designated and set aside for the landing and taking off of
aircraft, and utilized or to be utilized in the interest of the public for such purposes, a map of which has been or
is hereinafter included as part of the airport approach zoning map of the city.
B. “Airport elevation” means the elevation of the highest point on the usable or designed runway.
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C. “Airport hazard” means any structure, tree, or use of land which obstructs the airspace required for the
flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of
aircraft.
D. “Height,” used for the purpose of determining height limits in all zones set forth in this chapter, means the
vertical elevation in feet above the established airport elevation unless otherwise stated.
E. “Landing” area means the area of an airport used, or to be used, for the landing, taking off or taxiing of
aircraft.
F. “Runway” means the paved surface of an airport landing area designated for the landing or taking off of
aircraft.
G. “Structure” means any object constructed, installed or placed on or over real property, including, but not
limited to, buildings, towers, smokestacks and overhead lines. (Ord. 2719 § 1, 1982)
17.45.020 Types of zones and height limits.
Six types of AA subzones, and height limits for such subzones, are established for the purposes of airport
approach zoning. Except as otherwise provided in this chapter, no structure or tree, shrub or bush shall be
erected, altered, allowed to grow or be maintained in any subzone to a height in excess of the height limit
established for such subzone. The datum plan for measurement of such height, except as otherwise specified
herein, shall be based on the airport elevation, as defined by subsection B of Section 17.45.012. Appropriate
subzones for heliports shall be established in accordance with Federal Aviation Regulations Part 77. Such
subzones are as follows:
A. Landing Subzone (L). A surface, and the airspace above it, rectangular in shape, longitudinally centered on
the runway and extending in length two hundred feet beyond the ends of the runway; the landing subzone shall
have an elevation, at any point along its longitudinal profile, coincident with the runway centerline or
centerline prolongations as appropriate; the landing subzone shall have width established in accordance with
Federal Aviation Regulations Part 77 and shall be specified on each map adopted pursuant to Section
17.45.030.
B. Final Approach Subzone (FA). A plane surface, and the airspace above it, trapezoidal in shape,
longitudinally centered on the prolongation of the runway centerline, beginning at each end of each landing
subzone, coinciding in width with the landing subzone where they join; the height and width of the final
approach subzone shall be established in accordance with Federal Aviation Regulations Part 77 and shall be
specified on each map adopted pursuant to Section 17.45.030.
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C. Landing Transition Subzone (LT). A plane surface, and the airspace above it, rectangular in shape, lying
adjacent and parallel to each side of each landing subzone, having a length equal to the landing subzone and
extending outward and upward, at right angles to the runway centerline, at a slope of seven-to-one to a height
of one hundred fifty feet above the established airport elevation.
D. Approach Transition Subzone (AT). A plane surface and the airspace above it, triangular in shape, lying
adjacent to each side of each approach zone and at each end of each landing transition subzone, coinciding in
height with the approach outward and upward, at right angles to the prolongation of the runway centerline, at a
slope of seven-to-one to a maximum airport elevation or to the conical subzone surface, whichever is higher.
E. Horizontal Subzone (H). A horizontal plane surface, and the airspace above it, one hundred fifty feet above
the established airport elevation, the perimeter of which is constructed by swinging arcs of specific radii,
established in accordance with Federal Aviation Regulations Part 77, from the center of each end of the
landing subzone of each runway and connecting the arcs by lines tangent to such arcs; the horizontal subzone
does not include the landing subzone or transition subzones.
F. Conical Subzone (C). A surface extending outward and upward from the periphery of the horizontal
surface at a slope of 20:1 for a horizontal distance of four thousand feet. The conical subzone does not include
the final approach subzone at the approach transition subzone. (Ord. 2719 § 1, 1982)
17.45.030 Airport approach zoning map.
The several subzones established by Section 17.45.020 shall be shown and delineated on the airport zoning
map of the city which is adopted. Such zoning map, for convenience and identification, is divided into parts
corresponding to the operational areas of the respective airports included with the provisions of this chapter.
Additional parts of the airport approach zoning map may be adopted from time to time by ordinance. Each part
of the airport approach zoning map of the city hereafter adopted by ordinance shall have a descriptive title and
shall contain diagrams, including a plot plan of the subject runways, the location and dimensions of all
subzones described in accordance with the formulas established for the regulation of any of the aforementioned
subzones. (Ord. 2719 § 1, 1982)
17.45.040 Enforcement.
The city building director shall not issue building permits for the construction, reconstruction or structural
alteration of any structure within any of the zones established by Section 17.45.030 if such construction,
reconstruction or structural alteration would result in violation of the provisions of this section. Any building
permits so issued shall be null and void. (Ord. 2719 § 1, 1982)
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17.45.050 Permits.
Before that portion of any nonconforming structure which exceeds the height limitation established by the
airport approach zoning map and Section 17.45.020 may be structurally altered and before any nonconforming
structure or tree may be replaced, reconstructed, allowed to grow higher or replanted, a permit must be secured
from the planning director authorizing such structural alteration, replacement, reconstruction or change. These
portions of an existing nonconforming structure below the applicable height limitations may be structurally
altered, repaired and added to, and those portions of an existing nonconforming structure above the applicable
height limitation may be repaired and minor replacements made therein without securing such a permit unless
such structural alteration, repair, addition, or enlargement exceeds the applicable height limitation. No such
permit shall be granted that would allow the creation of an airport hazard or permit a nonconforming structure
or tree or nonconforming use to be made or become higher or become a greater hazard to air navigation than it
was on the date that this chapter was made applicable to a particular airport. All other applications for such
permits may be granted. (Ord. 5020 § 19, 2020; Ord. 2719 § 1, 1982)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Chapter 17.46
DRILLING ISLAND (DI) DISTRICT*
Sections:
17.46.010 Purpose and intent.
17.46.020 Permitted uses.
17.46.030 Reserved.
17.46.040 Reserved.
17.46.050 Minimum lot size.
17.46.060 Reserved.
17.46.070 Reserved.
17.46.080 Reserved.
17.46.090 Reserved.
17.46.100 Reserved.
17.46.110 Reserved.
17.46.120 Special review procedures and development standards.
* Prior ordinance history: Ords. 3840 and 3856.
17.46.010 Purpose and intent.
The purpose of the drilling island (DI) district is to designate single lots and discrete areas within the
boundaries of final map subdivisions and mobile home parks that contain productive or potentially productive
petroleum resources to allow mineral access to explore for and develop such resources and to promote the
development of such resources in a manner compatible with surrounding development. Uses in the DI district
are limited to oil and gas exploration and development, production, storage, transmission, and treatment, and
any accessory or ancillary equipment, structure, or facilities thereto and compatible open space and passive
recreational uses. (Ord. 4060 § 2, 2002)
17.46.020 Permitted uses.
The following uses are permitted in the DI district:
A. Oil or gas exploration and development, production, storage, transmission, and treatment, and any
accessory or ancillary equipment structure or facilities thereto, pursuant to the provisions herein.
B. Subdivision drainage sump, as part of an application for a tentative tract map, provided that mineral rights
owners have given written consent. (Ord. 4060 § 2, 2002)
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17.46.030 Reserved.
(Ord. 4060 § 2, 2002)
17.46.040 Reserved.
(Ord. 4060 § 2, 2002)
17.46.050 Minimum lot size.
No portion of any lot within the DI district shall contain less than two and one-half gross acres in size, shall
have a minimum width of three hundred five feet and shall demonstrate that all set-back requirements can be
accommodated internally within such lot. (Ord. 4060 § 2, 2002)
17.46.060 Reserved.
(Ord. 4060 § 2, 2002)
17.46.070 Reserved.
(Ord. 4060 § 2, 2002)
17.46.080 Reserved.
(Ord. 4060 § 2, 2002)
17.46.090 Reserved.
(Ord. 4060 § 2, 2002)
17.46.100 Reserved.
(Ord. 4060 § 2, 2002)
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17.46.110 Reserved.
(Ord. 4060 § 2, 2002)
17.46.120 Special review procedures and development standards.
All drilling and other hydrocarbon development activity in the DI district shall be carried out in accordance
with the standards and procedures set forth in Section 15.66.040(A). (Ord. 4060 § 2, 2002)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Chapter 17.47
(PE) PETROLEUM EXTRACTION COMBINING DISTRICT
Sections:
17.47.010 Purpose and intent.
17.47.020 Permitted uses.
17.47.030 Uses permitted with a conditional use permit.
17.47.040 Reserved.
17.47.050 Minimum lot size.
17.47.060 Minimum lot area per dwelling unit.
17.47.070 Yards and setbacks.
17.47.080 Height limits.
17.47.090 Minimum distance between structures.
17.47.100 Reserved.
17.47.110 Reserved.
17.47.120 Reserved.
17.47.130 Special review procedures and development standards.
* Prior ordinance history: Ords. 3840 and Ord. 3856.
17.47.010 Purpose and intent.
The purpose of the petroleum extraction (PE) combining district is to designate lands containing productive or
potentially productive petroleum resources to promote the development of such resources in a manner
compatible with surrounding development. The PE district may be applied only to those areas that are zoned
estate (E), residential suburban (RS), professional and administrative office zone (CO), neighborhood
commercial (C-1), or regional commercial (C-2). The uses allowed and the regulations established by the PE
district shall be in addition to the regulations of the base district with which the PE district is combined. (Ord.
4060 § 3, 2002)
17.47.020 Permitted uses.
The following uses are permitted in the PE district:
A. Wells for the exploration and development, production, storage, transmission, and treatment, and any
accessory or ancillary equipment, structure, or facilities thereto, of oil, gas, or other hydrocarbon substances, if
the well(s) are located more than three hundred feet away from any existing dwelling or existing building
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utilized for commercial purposes, excluding those premises utilized solely for storage of equipment, material,
household goods, or similar material.
B. Deepening or redrilling, within the existing well bore, of any well used for the production or development
of oil, gas, or other hydrocarbon substances, or the replacement of any production facility which did not
require a conditional use permit on the date drilling began or the date the facility was installed.
C. Drilling of a replacement well when the original well did not require a conditional use permit, and when
the original well has been abandoned in accordance with Geological Energy Management Division (CalGEM)
regulations and drilling of a replacement well commences within one year of the conclusion of abandonment
procedures, and the replacement well is located within twenty feet of the original well or is farther from any
existing dwelling or commercial building than the original well.
D. Uses permitted by the base district with which the PE district is combined. (Ord. 5093 § 1, 2022; Ord. 4060 § 3,
2002)
17.47.030 Uses permitted with a conditional use permit.
While any use may be permitted by conditional use permit pursuant to subsection B of Section 17.64.020, the
following uses are not permitted in the PE zone except by conditional use permit issued in accordance with the
procedures provided in Chapter 17.64 of this title:
A. Wells for the exploration and development, production, storage, transmission, and treatment, and any
accessory or ancillary equipment, structure, or facilities thereto, of oil, gas, or other hydrocarbon substances if
the well(s) are located within three hundred feet of any existing dwelling or existing building utilized for
commercial purposes, excluding those premises utilized solely for storage of equipment, material, household
goods, or similar material.
B. Conditional uses permitted by the base district with which the PE district is combined. (Ord. 4060 § 3, 2002)
17.47.040 Reserved.
(Ord. 4060 § 3, 2002)
17.47.050 Minimum lot size.
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Minimum lot size requirements in a PE district are per the requirements of the base district with which the PE
district is combined. (Ord. 4060 § 3, 2002)
17.47.060 Minimum lot area per dwelling unit.
Requirements for minimum lot area per dwelling unit in a PE district are per the requirements of the base
district with which the PE district is combined. (Ord. 4060 § 3, 2002)
17.47.070 Yards and setbacks.
Yard and setback requirements in a PE district for all uses permitted by the base district, except for drilling,
shall conform to the yard and setback requirements of the base district with which the PE district is combined.
(Ord. 4060 § 3, 2002)
17.47.080 Height limits.
Height limit requirements in a PE district for all uses permitted by the base district, except for drilling, shall
conform to the height limits of the base district with which the PE district is combined. (Ord. 4060 § 3, 2002)
17.47.090 Minimum distance between structures.
Requirements for minimum distance between structures in a PE district for all uses, except for drilling, shall
comply with the base district with which the PE district is combined. (Ord. 4060 § 3, 2002)
17.47.100 Reserved.
(Ord. 4060 § 3, 2002)
17.47.110 Reserved.
(Ord. 4060 § 3, 2002)
17.47.120 Reserved.
(Ord. 4060 § 3, 2002)
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17.47.130 Special review procedures and development standards.
All drilling and hydrocarbon development activities in a PE district shall be carried out in accordance with the
standards and procedures set forth in Section 15.66.040(A). (Ord. 4060 § 3, 2002)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Chapter 17.48
TT TRAVEL TRAILER PARK ZONE
Sections:
17.48.010 Generally.
17.48.020 Definitions.
17.48.030 Conformity to state law.
17.48.040 Uses permitted.
17.48.050 Permit to locate travel trailer park—Application—Hearing—Issuance.
17.48.060 Disposition of moneys collected.
17.48.070 Minimum requirements.
17.48.080 Fire protection.
17.48.090 Setback requirements.
17.48.010 Generally.
The regulations set out in this chapter shall apply in the TT travel trailer park zone unless otherwise provided.
(Prior code § 17.49.010)
17.48.020 Definitions.
For the purpose of this chapter, the general provisions of the Health and Safety Code of the state and the
definitions as set forth in Division 13, Parts 2 and 2.1 of the code and Title 25 of the California Administrative
Code shall apply to this chapter except that the following special definitions shall apply as set forth hereinafter:
Enforcement agency is the city building department, the health department of the county and the Department
of Housing and Community Development of the state. (Prior code § 17.49.040)
17.48.030 Conformity to state law.
All travel trailer parks within the city shall conform to construction and operation requirements of the
California Health and Safety Code, Division 13, Parts 2 and 2.1, and the applicable provisions of Title 25 of
the California Administrative Code. (Prior code § 17.49.030)
17.48.040 Uses permitted.
The following uses are permitted in a TT (travel trailer park) zone:
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
A. Travel trailer parks, recreational vehicle parks and temporary trailer parks as defined in Sections 18220,
18215 and 18217, respectively, of the California Health and Safety Code. No travel trailer park shall be
constructed or located within a mobile home park unless such mobile home park, or a portion thereof, is in the
TT zone.
B. The following accessory uses are permitted:
1. Travel trailers, recreational vehicles and tents;
2. Community recreation facilities;
3. Laundry rooms;
4. Toilets, showers, lavatories;
5. One mobile home or a one-story, permanent office building to be used only for business or for
residence of a manager or caretaker. In no event shall a mobile home or permanent structure be located on
a designated travel trailer space.
6. Home occupations, as defined in Section 17.04.330 and in compliance with the provisions of
Chapter 17.63 of this code. (Ord. 3768 § 2, 1997; Ord. 2720 § 1, 1982; prior code § 17.49.020)
17.48.050 Permit to locate travel trailer park—Application—Hearing—
Issuance.
A. No travel trailer park shall be located within the city until the location thereof is approved by the planning
commission of the city in the manner set forth in this chapter. The person desiring to locate and operate a travel
trailer park in the city shall file an application therefor with the planning commission.
B. Such application shall be accompanied with the following:
1. True legal description of the grounds and property upon which the park is to be constructed;
2. Filing fee;
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3. Plot plan showing the recreational vehicle sites and parking spaces for other vehicles, location of
proposed buildings or structures, complete plans and specification of the proposed construction and a
description of the water supply, ground drainage and method of sewage disposal;
4. Plans showing the location and dimensions of access ways, landscaping, lighting, refuse container
locations, connections for use by vehicles of water, sewage and electricity and other improvements
required by the planning commission.
C. Upon receipt of the application, the planning director shall set the matter for consideration by the planning
commission at the earliest practicable time.
D. The planning commission shall consider the plans and shall approve or conditionally approve the plans,
providing the commission determines from the evidence presented that all of the following are true:
1. That the land is classified in a TT travel trailer park zone;
2. That it appears that the plans, as modified, will comply with all standards and requirements of
Division 13, Parts 2 and 2.1 of the Health and Safety Code and all rules and regulations promulgated
thereunder and with all applicable provisions of city law, including this chapter.
E. The planning commission shall disapprove the plans and deny the application if, in its determination,
adequate evidence has not been shown that the plans will conform in all respects to the said standards and
requirements.
F. In case the applicant is not satisfied with the action of the planning commission, he may, within thirty days
after the action, appeal in writing to the city council. The city council shall hold a public hearing on the appeal
and shall render its decision thereon within thirty days after the filing thereof.
G. Upon approval by the planning commission or city council, the building director shall issue the
appropriate permits, providing all other requirements of law have been complied with. (Ord. 3964 § 32, 2000; prior
code § 17.49.050)
17.48.060 Disposition of moneys collected.
All moneys received under the provisions of this chapter shall be paid into the office of the finance director
and credited to the city’s general fund. (Prior code § 17.49.060)
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17.48.070 Minimum requirements.
Each travel trailer park shall meet the following additional minimum requirements and standards:
A. Sites or lots shall be of a size and shape which will provide reasonable area for the parking of the
recreational vehicles next to the utility connections and for the parking of another vehicle (with motive power)
side by side. This requirement may be varied by the planning commission to meet the plans of the applicant for
parking vehicles other than the recreational vehicles.
B. Each site or space in the park shall be identified with an individual number in logical sequence and shown
on the plot plan for the park.
C. A six-foot masonry wall, or approved equivalent fencing, shall be constructed on the side and rear property
lines of the park at the discretion of the planning commission to protect the existing or future use of the
adjacent property.
D. Each lot in a travel trailer park shall have direct access to an abutting roadway. Such roadways may not
have less than eighteen feet of clear travel lanes for two-way traffic and twelve feet of clear travel lane for one-
way traffic. One-way roadways must originate and terminate at two-way, on-site roadway. A single, isolated
lot may have access by a ten-foot width of unobstructed roadway.
E. Access ways shall not be used for parking of vehicles, excepting that parallel parking shall be permitted on
one side of an access way that is constructed to city standards for commercial alleys or in compliance with
Section 18612(a), (b) of the Health and Safety Code of the state.
F. All travel trailer parks shall have at least two means of ingress or egress leading to a public thoroughfare.
G. Each travel trailer park shall be landscaped and planted with shade trees in accordance with a landscape
plan approved by the planning commission. Such landscaping shall include provision for an interior open
space common area and to buffer the park from adjacent uses.
H. Each travel trailer park shall be landscaped and planted with shade trees in accordance with a landscape
plan, approved by the planning commission.
I. If such park contains a public address system or loudspeakers they shall be installed, operated and
maintained in such a way that they cannot be heard beyond the boundaries of the travel trailer park.
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J. Refuse containers shall be provided in a location meeting the requirements of the public works director.
K. Lighting shall be provided in accordance with plans approved by the planning commission. (Ord. 2720 § 2,
1982; prior code § 17.49.070)
17.48.080 Fire protection.
A. There shall be in each travel trailer park a water system with fire hydrants of sufficient size and delivering
sufficient pressure and located within a sufficient distance to provide adequate fire protection for each site in
the park.
B. The placement and installation of fire hydrants must be approved by the chief of the fire department. (Prior
code § 17.49.080)
17.48.090 Setback requirements.
A. Each travel trailer, recreation vehicle or other structure shall meet the minimum setback requirements of
Title 25 of the California Administrative Code and all other state regulations.
B. A travel trailer, recreational vehicle or other structure shall not be located closer than three feet from a
property line or lot line except that the minimum distance of three feet will not be required from a lot line
which borders on-site roadway.
C. All structures located in the TT zone shall have a minimum setback of fifteen feet from a public right-of-
way, with the exception of public alleys. (Ord. 2720 § 3, 1982)
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Chapter 17.50
MH MOBILE HOME ZONE
Sections:
17.50.010 Generally.
17.50.020 Uses permitted.
17.50.040 Approval of plan for mobile home park.
17.50.050 Appeal of planning commission action on mobile home park proposal.
17.50.060 Mobile home subdivision—Intent.
17.50.070 Mobile home subdivision—Requirements in MH Zone.
17.50.080 Mobile home park and subdivision—Development standards.
17.50.090 Mobile home park and subdivision—Application of state law.
17.50.100 Mobile home subdivision—Maintenance of common areas and nondedicated
improvements.
17.50.110 Land previously classified.
17.50.010 Generally.
The regulations set out in this chapter shall apply in the MH mobile home zone unless otherwise provided.
(Prior code § 17.50.010)
17.50.020 Uses permitted.
The following uses are permitted in an MH zone:
A. A mobile home park;
B. A mobile home subdivision;
C. Mobile home accessory buildings or structures for which a building permit is required. In no event shall
any accessory building or structure be placed or permitted to remain on any lot in the MH zone unless a mobile
home is first placed on said lot. The use of any such accessory building or structure in the MH zone for
housekeeping purposes is prohibited;
D. Community recreation facilities for the use of renters of lots within a mobile home park or for use of
individual lot owners within a mobile home subdivision;
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E. Temporary real estate office to be used only for and during the original sale of lots within a subdivision,
but not to exceed a period of one year; such period of time may be extended for one additional year for good
cause, upon approval of the planning commission;
F. One-story office building to be used for the business of a mobile home park by the owner or operator of
said park or to be used for the business of the legal entity required to be formed for maintenance of common
areas of a subdivision;
G. Any use permitted in the R-1 zone. (Ord. 3964 §§ 33, 34, 2000; Ord. 3768 § 3, 1997; prior code § 17.50.020)
17.50.040 Approval of plan for mobile home park.
The planning commission shall hold a public hearing on the proposed plan with notice given in accordance
with Section 17.64.050. Plans and elevations showing the exterior architectural design and appearance of all
permanent buildings and structures and plot plans showing locations and dimension of access ways, structures,
landscaping, parking areas and other improvements of the individual mobile home park to be established shall
be subject to the approval of the planning commission in order that the proposed mobile home park will be in
harmony with other structures and improvements in the area and will comply with all standards and
requirements as set forth in Section 17.50.080 and in Chapter 15.68 of this code. In the event the planning
commission determines that the mobile home park as proposed to be developed does not meet the intent of the
regulations set forth in such chapters and all laws and regulations adopted pursuant thereto, the planning
commission shall deny the permit for the mobile home park. (Ord. 3964 § 35, 2000; Ord. 2721 § 1, 1982; prior code
§ 17.50.040)
17.50.050 Appeal of planning commission action on mobile home park proposal.
Appeal of the planning commission’s decision shall be in accordance with Section 17.64.090. (Ord. 3964 § 36,
2000; prior code § 17.50.050)
17.50.060 Mobile home subdivision—Intent.
A. It is the intent of this chapter to also provide regulations for the replacement of mobile home on lots within
a subdivision filed under the provisions of Chapter 16.36 of this code and not otherwise, which subdivision is
designed and designated for the sale, not rental, of lots to accommodate mobile homes as the dwelling unit.
B. The subdivider shall comply with all the provisions of said Chapter 16.36 of this code unless otherwise
provided in this chapter. (Ord. 3964 § 37, 2000; prior code § 17.50.060)
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17.50.070 Mobile home subdivision—Requirements in MH Zone.
The subdivision shall be subject to the requirements set forth in Title 16, and the development standards set
forth in this chapter; provided, however, that all such requirements and standards may be varied and reasonable
exceptions thereto may be granted by the planning commission as may be permitted under these regulations.
(Ord. 3964 § 38, 2000; prior code § 17.50.070)
17.50.080 Mobile home park and subdivision—Development standards.
Notwithstanding anything to the contrary stated in the subdivision or zoning regulations of the city, the
following shall be the minimum standards of development within the MH zone for mobile home parks and
subdivisions:
A. Height. No building, structure, or vehicle, except a recreation building, erected on or moved onto a lot
shall have a height greater than one story or exceed fifteen feet. No recreation vehicles shall be stored in said
front yard.
B. Front Yard. There shall be a front yard depth of not less than fifteen feet. No recreation vehicle shall be
stored in said front yard.
C. Rear Yard. There shall be a rear yard depth of not less than five feet.
D. Side Yards. There shall be a side yard of at least five feet on both sides.
E. Lot Size. Every lot shall be of a size and shape which will provide reasonable area for private use and
development and for convenient placement of one mobile home and appropriate accessory buildings or
structures. The total number of lots provided in any mobile home subdivision shall conform to the maximum
density of seven lots per acre.
F. Roofed Area. The total roofed area including mobile home and accessory buildings or structures shall not
exceed sixty percent of the net area of the lot.
G. Open Space. There shall be an overall total of at least five hundred square feet per lot devoted to open
space which may be on the individual lot or common areas within the development.
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H. Wall. A six-foot masonry wall, or approved equivalent fencing, shall be constructed on the side and rear
perimeter boundaries of the development, where required to protect existing future use of the adjacent
property.
I. Access. The park or subdivision shall have at least two means of ingress or egress leading to a public street.
One of the access points may be restricted to emergency vehicles only, with a breakaway barricade or other
removable barrier subject to approval of the police chief and fire chief.
J. Off-street Parking. The development shall contain two off-street automobile parking spaces consisting of
approved concrete slabs for each mobile home lot. In addition to such parking spaces for lot owners, there shall
be established and maintained with the subdivision of an off-street automobile parking area or areas for use of
guests. The number of spaces shall be equal to one space for every eight mobile home lots or fraction thereof,
each space to be no less than eight and one-half by twenty feet, plus the additional area as is necessary to
afford adequate ingress and egress therefrom. (Ord. 2721 § 2, 1982; prior code § 17.50.080)
17.50.090 Mobile home park and subdivision—Application of state law.
The provisions of Part 2.1 of Division 13 of the Health and Safety Code (commencing with Section 18000)
and the rules and regulations promulgated thereunder shall apply to mobile home parks and subdivisions in the
MH zone. (Ord. 2721 § 3, 1982; prior code § 17.50.090)
17.50.100 Mobile home subdivision—Maintenance of common areas and
nondedicated improvements.
A. All common areas, including open or green spaces, community recreation facilities, washrooms, common
walkways, parking areas, private streets, sidewalks, curbs and gutters and all improvements listed in Chapter
16.32 of this code of the subdivision regulations which are not dedicated and accepted, may be constructed
only upon full and adequate provision for their preservation and future maintenance in a manner acceptable to
the planning commission.
B. Such provision may be satisfied by a Declaration of Covenants, Conditions and Restrictions duly signed
and acknowledged by the owner; Articles of Incorporation to be filed with the Secretary of State, forming a
corporation or association, which shall include clauses empowering the entity created to own and maintain all
the properties within its jurisdiction and to exercise the powers and duties of the entity to be fully set forth in
the Declaration; bylaws of the entity which shall set forth rules of membership, fees and assessments,
membership rights and principles; and forms of deeds incorporating the Declaration by reference to its
recording data.
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C. All documents must be referred to the city attorney for review and have the approval of the planning
commission as to their sufficiency to accomplish this purpose.
D. The owners of the individual lots shall, as a condition of ownership of said lots, be required to participate
in the legal entity so formed and be responsible to said legal entity for the cost of performing the necessary
maintenance. (Ord. 3964 § 39, 2000; prior code § 17.50.100)
17.50.110 Land previously classified.
Land heretofore classified in a zone and also classified in an MH mobile home park zone may be developed in
accordance with the law in effect at the time of such classification. (Prior code § 17.50.110)
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Chapter 17.51
RESERVEDSC (SENIOR CITIZEN) ZONE
Sections:
17.51.010 Purpose.
17.51.020 Generally.
17.51.030 Uses permitted.
17.51.040 Restriction.
17.51.050 Definitions.
17.51.010 Purpose.
This chapter is enacted pursuant to the authority of the city as set forth in Section 12 of the Charter of the city
of Bakersfield and is intended to facilitate establishment of new specially designed accessible housing for
senior citizens and preservation of such housing as presently exists. (Ord. 3194 § 1, 1988)
17.51.020 Generally.
Land classified in R-l, R-S, R-2, R-3, R-4 and MH zones may also be classified as an SC (senior citizen) zone
and the restrictions set forth in this chapter shall apply; provided, that the following findings are made with
respect thereto:
A. The land is developed or is to be developed with a housing development, with not less than one hundred
fifty dwelling units. which has been or will be developed for and initially put to use as housing for senior
citizens or has been substantially rehabilitated or renovated for and immediately afterwards put to use as
housing for senior citizens:
B. For developments commenced after July 1, 1986, the developers have obtained a public report as a senior
citizen housing development under Section 11010.05 of the Business and Professions Code. (Ord. 3194 § 1, 1988)
17.51.030 Uses permitted.
The following uses are permitted in an SC (senior citizen) zone:
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A. Any use pertained in the R-1, R-S, R-2, R-3, R-4 or MH zone in which the land is classified, subject to all
of the regulations applicable within such zone;
B. Yard requirements shall be the same as the underlying zone; and
C. Parking requirements shall be as set forth in Chapter 17.58 of this code. (Ord. 3964 § 40, 2000; Ord. 3194 § 1,
1988)
17.51.040 Restriction.
All occupied dwelling units within an SC (senior citizen) zone must be occupied by at least one qualifying
resident or qualified permanent resident.
No one other than a senior citizen, qualified permanent resident or houseguest may occupy a dwelling unit
within an SC (senior citizen) zone unless a senior citizen or qualified permanent resident occupies that
dwelling at the same time. Houseguests may occupy the dwelling unit for no more than sixty days in any one
year period absent occupation by the senior citizen or qualified permanent resident at the same time. (Ord. 3405
§ 1, 1991; Ord. 3194 § 1, 1988)
17.51.050 Definitions.
A. For purposes of this chapter, senior citizen and qualifying resident mean persons aged fifty-five or older.
B. For the purposes of this chapter, cohabitant means persons who live together as husband and wife.
C. For the purposes of this chapter, housing development means any residential development, whether
detached single-family residences, condominium residences, or otherwise.
D. For purposes of this chapter, any person occupying a dwelling unit within a SC (senior citizen) zone as of
the date that zoning classification is applied to a specific development shall be deemed a qualifying resident for
such period as he/she continuously occupies such dwelling.
E. For the purposes of this chapter, qualified permanent resident means a person who meets all of the
following requirements:
1. Was residing with the qualifying resident or senior citizen prior to the death, hospitalization, or other
prolonged absence of, or the dissolution of marriage with, the qualifying resident;
2. Was forty-five years of age or older, or was a spouse, cohabitant, or person providing primary
physical or economic support to the qualifying resident;
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3. Has an ownership interest in, or is in expectation of an ownership interest in, the dwelling unit within
the housing development.
F. For the purposes of this chapter, house-guest means a relative of a senior citizen or a qualified permanent
resident who occupies a dwelling unit in an SC zone, or any person occupying such dwelling unit free of
charge. (Ord. 3405 § 2, 1991; Ord. 3194 § 1, 1988)
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Chapter 17.52
PUD PLANNED UNIT DEVELOPMENT ZONE*
Sections:
17.52.010 Intent and purpose.
17.52.020 Uses permitted.
17.52.030 Application.
17.52.040 Rezoning procedure.
17.52.050 Final development plan.
17.52.060 Latitude of regulations.
17.52.070 Required findings.
17.52.080 Expiration of zone or plans.
17.52.090 Minimum site area.
17.52.100 Residential density.
17.52.110 Modifications to approved preliminary and final development plans.
17.52.120 Maintenance of common areas and non-dedicated improvements and facilities.
* Prior history: prior code Sections 17.51.010 through 17.51.120.
17.52.010 Intent and purpose.
It is recognized that an integrated development provides an opportunity for creative design when flexible
regulations are applied. The planned unit development zone is intended to allow for innovative design and
diversification in the relationship of various uses, buildings, structures, lot sizes and open space while ensuring
substantial compliance with the general plan and the intent of the municipal code. In addition, the development
would provide adequate standards necessary to satisfy the requirements of the public health, safety and general
welfare. This zone is not to be used to restrict residential development or to compromise other zoning districts
that may be more appropriate for a site. Instead, it enables a developer to obtain approval of a specific, detailed
plan for a residential neighborhood which ensures that the uniqueness of the project design is preserved. These
standards shall be observed without unduly inhibiting the advantages of modern site planning techniques and
innovative planning of residential neighborhoods. Land may be classified as being solely within a PUD zone
(exclusive zone), or the PUD zone may be used as a combining zone in a R-1, R-2, R-3, or R-4, R-5, or R-6
zone to assign a base zone defining allowable uses and ensure future site development will be compatible with
surrounding development and/or to recognize unique site characteristics. (Ord. 4009 § 1, 2001; Ord. 3656 § 1, 1995)
17.52.020 Uses permitted.
A. Uses permitted in a PUD zone used as a combining zone are those uses permitted by the base zone with
which the PUD zone is combined.
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B. Uses for land classified as being within a PUD zone are as follows:
1. Single-unitOne-family dwellings;
2. Multiple-unitfamily dwellings;
3. Condominiums;
4. Cluster developments;
5. Parks and playgrounds, public and/or private;
6. Commercial uses, when the planning commission finds that such uses are incidental to, and
compatible with, the nature and type of development proposed;
7. Real estate tract sales offices and model homes pursuant to the provisions of Section 17.10.020(H);
8. Uses and structures which are incidental or accessory to any of the uses permitted in PUD zones;
9. ChurchesReligious institution;
10. Schools, public and/or private;
11. Golf courses, including associated clubhouse and driving range;
12. Tennis courts, including associated clubhouse;
13. Swimming pools;
14. Equestrian facilities;
15. Hiking, bicycle and equestrian trails;
16. Open space areas including natural and wildlife areas;
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17. Home occupations, as defined in Section 17.04.330 and in compliance with the provisions of
Chapter 17.63 of this code.
C. The permitted uses may be allowed in combinations in this zone, provided such use or uses are in harmony
with each other and serve to fulfill the function of the planned unit development. (Ord. 4542 § 1, 2008; Ord. 4304
§ 1, 2006; Ord. 4009 § 1, 2001; Ord. 3964 § 41, 2000; Ord. 3768 § 4, 1997; Ord. 3656 § 1, 1995)
17.52.030 Application.
A. When the PUD zone is to be assigned as an exclusive zone classification, the zone change application shall
include the following:
1. A preliminary development plan, drawn to scale, which shall be at the minimum scale indicated and
shall include all the information as required for site plan review pursuant to Section 17.08.080(A)(3). The
number and type of plans shall be as follows:
a. Eight copies at scale of all plans submitted;
b. One copy of each plan reduced to a size of eight and one-half inches by eleven inches;
c. One color rendition at scale of the site/landscape plan, and elevation;
2. A statement of reasons for including any commercial uses in the development;
3. A statement concerning any proposal to locate public, quasi-public, recreational and educational areas
within the development, including size, estimated employment, anticipated financing, development and
maintenance;
4. Residential density of the subject area including the estimated population;
5. If commercial uses are proposed, indicate building sizes, signs, and estimated employment;
6. A completed zone change application on such forms as provided by the city, signed by the owner in
fee of the subject land and the owner of any option to purchase the property or any portion thereof, if-any;
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7. A statement indicating procedures and programming for the development and maintenance of
semipublic or public areas, buildings and structures;
8. A statement indicating the stages of development proposed for the entire development;
9. Any additional information, plans, drawings, elevations, photos, diagrams and improvements as may
be required by the planning director to adequately review the project.
B. When the PUD zone is used as a combining zone, the zone change application is not required to include
development plans. Development plans as indicated in subsections (A)(1) through (A)(5) and (A)(7) through
(A)(9) shall be required prior to approval of a subdivision map pursuant to Section 16.28.170(O) or prior to
issuance of a building permit as appropriate, and shall be considered at an advertised public hearing before the
planning commission. A complete application and fee shall be required. The application and fee shall be the
same as that for a site plan review hearing. The hearing shall constitute the review and approval of the
preliminary development plans. Modification to approved plans will be subject to the provisions set forth in
Section 17.52.100.
C. When the PUD zone is used as a combining zone, approval of development plans by the planning
commission is final. If appealed, development plans shall be presented to the city council for final action at a
noticed public hearing in accordance with Section 17.64.050(B). (Ord. 4304 § 2, 2006; Ord. 4009 § 1, 2001; Ord. 3835
§ 29, 1998; Ord. 3656 § 1, 1995)
17.52.040 Rezoning procedure.
An application shall be processed as follows:
A. Pursuant to Chapter 17.64 of this code regarding zone changes;
B. If the application is approved by the city council, the zoning map of the area shall be changed by
identifying the area with the map symbol PUD. If the PUD zone is approved as a combining zone, the base
zone shall be identified, followed by the map symbol PUD (Example: R-2/PUD).
C. The preliminary development plan as approved with a PUD exclusive zone, shall be filed with the city and
shall, by reference, be incorporated into and thereby become part of the zoning ordinance of the city.
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D. After the effective date of the ordinance change to an exclusive PUD zone, no building or structure shall
be erected, moved or altered on the subject property except when in compliance with the final development
plan as approved by the site plan review committee. (Ord. 4009 § 1, 2001; Ord. 3903 § 1, 1999; Ord. 3656 § 1, 1995)
17.52.050 Final development plan.
A. Contents. The final development plan shall be drawn to the same scale and include the information as
required for a preliminary development plan, together with any modifications or conditions that were required
by the planning commission and city council.
B. Procedure. The final development plan shall be submitted and processed the same as required for a final
site plan pursuant to Section 17.08.080B5. The site plan review committee shall review the plan for substantial
compliance with the approved preliminary plan and satisfaction of all conditions set forth in the city councils
final decision. In instances where the planning commission desires to review the final development plan, they
may place a condition on the project requiring said plan to be brought back before them for review and
approval. (Ord. 4009 § 1, 2001; Ord. 3903 § 3, 1999; Ord. 3874 §4, 1998; Ord. 3835 § 29, 1998; Ord. 3656 § 1, 1995)
17.52.060 Latitude of regulations.
In the approval of PUD plans, the planning commission or city council may approve or require in the final
development plan, standards, regulations, limitations and restrictions either more or less restrictive than those
specified elsewhere in the municipal code and which are designed to protect and maintain property values and
provide or protect community amenities in the subject community, which would foster and maintain the health,
safety and general welfare of the community, including and relating to but not limited to the following:
A. Height limitations or any bulk requirements on buildings and structures, lot and yard requirements, and
distances between buildings;
B. Percent coverage of land by buildings and structures;
C. Parking ratios and areas expressed in relation to use of various portions of the property and/or building
floor area;
D. The location, width and improvement of vehicular and pedestrian access to various portions of the
property including portions within abutting streets;
E. Planting and maintenance of trees, shrubs, plants and lawns in accordance with a landscaping plan;
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F. Construction of fences, walls and floodlighting of an approved design;
G. Limitations upon the size, design, number, lighting and location of signs and advertising structures;
H. Arrangement and spacing of buildings and structures to provide appropriate open spaces around same;
I. Location and size of off-street loading areas and docks;
J. Uses of buildings and structures by general classifications, and specific designation when there are unusual
requirements for parking; or when use involves noise, dust, odor, fumes, smoke, vibrations, glare or radiation
incompatible with present or potential development of surrounding property;
K. Architectural design of buildings and structures;
L. Schedule of time for construction and establishment of the proposed buildings, structures, or land uses or
any stage of development thereof;
M. Requiring of performance bonds to insure development as approved;
N. Any additional improvements and dedications reasonably necessary to fulfill public needs for the general
health, safety and welfare of the neighborhood and the city. (Ord. 4304 § 3, 2006; Ord. 4009 § 1, 2001; Ord. 3656 § 1,
1995)
17.52.070 Required findings.
In approving and adopting the rezoning application with the preliminary development plan, the planning
commission and city council shall find the following:
A. The proposed planned unit development zone and preliminary development plan is consistent with the
general plan and objectives of this ordinance;
B. The proposed development will constitute a residential environment of sustained desirability and stability,
and it will compliment and harmonize with the character of the surrounding neighborhood and community;
and
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C. The proposed development justifies exceptions from the normal application of this code in that it
integrates such elements as the location of structures, circulation pattern, parking, open space, utilities and
other amenities, together with a program for provision, operation and maintenance of all areas, improvements,
facilities and services provided for the common use of persons occupying or utilizing the property. (Ord. 4009
§ 1, 2001; Ord. 3656 § 1, 1995)
17.52.080 Expiration of zone or plans.
A. When the PUD zone is assigned as an exclusive zone, the following shall apply:
1. The applicant shall commence construction no later than three years from the effective date of the
zone change. If, within such period, the construction specified in the approved preliminary development
plan has not been commenced, the planning director shall notify the planning commission of same and the
commission shall consider whether changed circumstances justify a zone change to rescind the PUD zone
or if additional time is necessary to be conditioned in order to commence construction of the project.
Initiation of a zone change to rescind the PUD zone, or to change any conditions of approval including
those extending time periods, shall be subject to the provisions of Section 17.64.070 of this code.
2. If a certificate of occupancy has not been issued for a substantial portion of the dwelling units or other
structures in the first phase of a PUD zone within five years of the effective date of the PUD zone as
determined by the planning director, he/she shall notify the planning commission of same and the
commission shall consider whether changed circumstances justify a zone change to rescind the PUD zone
or if additional time is necessary to be conditioned for the project to be completed. Initiation of a zone
change to rescind the PUD zone, or to change any conditions of approval including those extending time
periods, shall be subject to the provisions of Section 17.64.070 of this code.
3. Where the first phase is substantially developed and the remaining phases are undeveloped or in
various stages of development and five years have lapsed since the effective date of the PUD zone as
determined by the planning director, he/she shall notify the planning commission of same and the
commission shall consider whether changed circumstances justify a zone change to rescind the PUD zone
for the area containing the uncompleted phases or if additional time is necessary to be conditioned for the
project to be completed. Initiation of a zone change to the PUD zone, or to change any conditions of
approval including those extending time periods, shall be subject to the provisions of Section 17.64.070 of
this code.
B. When the PUD zone is used as a combining zone, no status review or other notification shall be required.
Approved preliminary plans shall be subject to the same time periods as an approved site plan (Section
17.08.080D.) If more than one preliminary development plan is approved for a site, the most recent approval
shall supersede all previously approved plans. (Ord. 4009 § 1, 2001; Ord. 3656 § 1, 1995)
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17.52.090 Minimum site area.
The minimum area for a PUD zone shall be one ten gross acres. (Ord. 4009 § 1, 2001; Ord. 3656 § 1, 1995)
17.52.100 Residential density.
Open area and density per dwelling unit shall be as shown on the final development plan for the particular
PUD zone as approved by the planning commission and the city council. The permitted number of dwelling
units may be distributed within the planned residential development zone in accordance with the conditions
and terms established pursuant to this chapter consistent with the density standard of the applicable land use
designation of the general plan. (Ord. 4009 § 1, 2001; Ord. 3656 § 1, 1995)
17.52.110 Modifications to approved preliminary and final development plans.
A. An approved preliminary development plan may be modified by submitting an application for such
modification according to the same procedure as is required in the initial review and approval of said plan.
B. The flexibility of code requirements ordinarily required in other districts permitted in any initial approval
of a PUD zone shall not be considered as a precedent setting, or as a lone compelling reason for approving any
modification.
C. Any application for a modification to an approved preliminary plan may be approved only after it has been
found that it does not deviate from the intent and purpose of this zone and the required findings in Section
17.52.070 can be made.
D. The planning director shall have the authority to administratively approve minor changes, modifications,
alterations, deviations, or substitutions to an approved preliminary or final development plan with respect to
colors, materials, architectural elevations, landscape plans and other physical changes of a similar nature
provided any such change does not alter any use, environmental mitigation measure, condition of approval or
substantially affect the basic character of architecture or the landscape architecture as established in the
planning commission or city councils approval of the project. Such minor changes, modifications, alterations,
deviations, or substitutions to an approved preliminary or final development plan shall be reported to the
planning commission at its next regular meeting. At that time, the planning commission may accept the
planning directors report, may further modify the planning directors approved changes or may direct staff to
set the matter for hearing in accordance with the provisions of Chapter 17.64 of this code. (Ord. 4009 § 1, 2001;
Ord. 3903 §§ 2, 4, 1999; Ord. 3874 § 3, 1998; Ord. 3656 § 1, 1995)
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17.52.120 Maintenance of common areas and non-dedicated improvements and
facilities.
A. All common areas, including open or green spaces, community recreation facilities, common walkways,
parking areas, private streets, sidewalks, curbs and gutters and all improvements listed in Section 16.32.060 of
the subdivision regulations of the city which are not dedicated and accepted, may be constructed only upon full
and adequate provision for their preservation and future maintenance in a manner acceptable to the city.
B. Such provision may be satisfied by a declaration of covenants, conditions and restrictions duly signed and
acknowledged by the owner: Articles of Incorporation to be filed with the Secretary of State forming a
corporation or association, which shall include provision for empowering such entity created to own and
maintain all the properties within its jurisdiction and to exercise the powers and duties of such entity to be fully
set forth in the declaration; bylaws of the entity which shall set forth rules of membership, required fees and
assessments to be used for maintenance purposes, membership rights and duties; and forms of deeds
incorporating the declaration by reference to its recording data.
C. All documents must be referred to the city attorney for review and have the approval of the planning
director as to their sufficiency to accomplish their purpose.
D. The owners of the properties shall, as a condition of such ownership, be required to participate in the legal
entity so formed and be responsible to said legal entity for the cost of performing the necessary maintenance.
(Ord. 4009 § 1, 2001; Ord. 3656 § 1, 1995)
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Chapter 17.54
PCD PLANNED COMMERCIAL DEVELOPMENT ZONE*
Sections:
17.54.010 Intent and purpose.
17.54.020 Uses permitted.
17.54.030 Application.
17.54.040 Rezoning procedure.
17.54.050 Final development plan.
17.54.060 Latitude of regulations.
17.54.070 Required findings.
17.54.080 Expiration of zone or plans.
17.54.090 Minimum site area.
17.54.100 Modifications to approved preliminary and final development plans.
17.54.110 Maintenance of common areas and non-dedicated improvements and facilities.
* Prior code history: prior code §§ 17.47.010—17.47.130
17.54.010 Intent and purpose.
It is recognized that an integrated development provides an opportunity for cohesive design when flexible
regulations are applied. The planned commercial development zone is intended to allow for innovative design
and diversification in the relationship of various uses, buildings, structures, lot sizes and open spaces while
ensuring compliance with the general plan and the intent of the municipal code. In addition, the development
would provide adequate improvements and standards necessary to satisfy the requirements of the public health,
safety and general welfare. This zone is not to be used to restrict commercial development or to compromise
other zoning districts that may be more appropriate for a site. Instead, it enables a developer to obtain approval
of a specific, detailed plan for a commercial development which ensures that the uniqueness of the project
design being proposed is preserved. Standards shall be observed without unduly inhibiting the advantages of
modern site planning techniques and innovative planning of commercial and professional office
neighborhoods. Land may be classified as being solely within a PCD zone (exclusive zone), or the PCD zone
may be used as a combining zone in a C-O, C-1, C-2, or CC zone to assign a base zone defining allowable uses
and ensure future site development will be compatible with surrounding development and/or to recognize
unique site characteristics. (Ord. 4305 § 1, 2006; Ord. 4009 § 2, 2001; Ord. 3656 § 2, 1995)
17.54.020 Uses permitted.
A. Uses permitted in a PCD zone used as a combining zone are those uses permitted by the base zone with
which the PCD zone is combined.
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B. Uses for land classified as being within a PCD zone are as follows:
1. Any permitted use listed in Chapters 17.20 (C-O), 17.22 (C-1) and 17.24 (C-2) of this code. Any use
that is conditional in these zones may be requested as part of the initial zone change and approved as
conditional uses subject to the findings, conditions and revocation of rights as set forth in Chapter 17.64
of this code. Uses which are conditional that are proposed once the PCD zone is effective shall be subject
to the provisions of Chapter 17.64 of this code.
2. Uses and structures which are incidental or accessory to any of the uses permitted in PCD zones.
C. The permitted uses may be allowed in combinations in this zone, provided such use or uses are in harmony
with each other and serve to fulfill the intent and purposes of the planned commercial development. (Ord. 4542
§ 2, 2008; Ord. 4305 § 2, 2006; Ord. 4009 § 2, 2001; Ord. 3752 § 1, 1997; Ord. 3656 § 2, 1995)
17.54.030 Application.
A. When the PCD zone is to be assigned as an exclusive zone classification, the zone change application shall
include the following:
1. A preliminary development plan, drawn to scale, which shall be at the minimum scale indicated and
shall include all the information as required for site plan review pursuant to Section 17.08.080(A)(3). The
number and type of plans shall be as follows:
a. Eight copies at scale of all plans submitted;
b. One copy of each plan reduced to a size of eight and one-half inches by eleven inches;
c. One color rendition at scale of the site/landscape plan, and elevation plan;
2. If the proposed project is to be developed in several stages, indicate the anticipated sequence of
development;
3. Show the proposed methods by which the applicant will govern the maintenance and continued
protection of the development including any common areas;
4. Indicate all proposed signs for the development;
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5. A completed zone change application on such forms as provided by the city, signed by the owner or
owners in fee of the subject land and the owner of any option to purchase the property or any portion
thereof, if any;
6. Any additional information, plans, drawings, elevations, photos, diagrams and improvements as may
be required by the planning director to adequately review the project.
B. When the PCD zone is used as a combining zone, the zone change application is not required to include
development plans. Development plans as indicated in subsections (A)(1) through (A)(4) and (A)(6) shall be
required prior to approval of a subdivision map pursuant to Section 16.28.170(O) or prior to issuance of a
building permit as appropriate, and shall be considered at an advertised public hearing before the planning
commission. A complete application and fee shall be required. The application and fee shall be the same as
that for a site plan review hearing. The hearing shall constitute the review and approval of the preliminary
development plans. Modifications to approved plans will be subject to the provisions set forth in Section
17.54.100.
C. When the PCD zone is used as a combining zone, approval of development plans by the planning
commission is final. If appealed, development plans shall be presented to the city council for final action at a
noticed public hearing in accordance with Section 17.64.050(B). (Ord. 4305 § 3, 2006; Ord. 4009 § 2, 2001; Ord. 3835
§ 31, 1998; Ord. 3656 § 2, 1995)
17.54.040 Rezoning procedure.
An application shall be processed as follows:
A. Pursuant to Chapter 17.64 of this code regarding zone changes.
B. If the application is approved by the city council, the zoning map of the area shall be changed by
identifying the area with the map symbol PCD. If the PCD zone is approved as a combining zone, the base
zone shall be identified, followed by the map symbol PCD (Example: C2/PCD).
C. The preliminary development plan as approved with a PCD exclusive zone, shall be filed with the city and
shall, by reference, be incorporated into and thereby become a part of the zoning ordinance of the city.
D. After the effective date of the ordinance change to an exclusive PCD zone, no building or structure shall
be erected, moved or altered on the subject property except when in compliance with the final development
plan as approved by the site plan review committee. (Ord. 4009 § 2, 2001; Ord. 3903 § 5, 1999; Ord. 3656 § 2, 1995)
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17.54.050 Final development plan.
A. Contents. The final development plan shall be drawn to the same scale and include the information as
required for a preliminary development plan, together with any modifications or conditions that were required
by the planning commission and city council.
B. Procedure. The final development plan for a building permit shall be submitted and processed the same as
required for a final site plan pursuant to Section 17.08.080B5. The site plan review committee shall review the
plan for substantial compliance with the approved preliminary plan and satisfaction with all conditions set
forth in the city council’s final decision. In instances where the planning commission desires to review the
final plan, they may place a condition on the project requiring said plan to be brought back before them for
review and approval. (Ord. 4009 § 2, 2001; Ord. 3903 § 7, 1999; Ord. 3874 § 2, 1998; Ord. 3835 § 31, 1998; Ord. 3656 § 2,
1995)
17.54.060 Latitude of regulations.
In the approval of PCD plans, the planning commission or city council may approve or require in the final
development plan, standards, regulations, limitations and restrictions either more or less restrictive than those
specified elsewhere in the municipal code and which are designed to protect and maintain property values and
provide or protect community amenities which would foster and maintain the health, safety and general
welfare of the community, including and relating to but not limited to the following:
A. Height limitations or any bulk requirements of buildings or structures, lot and yard requirements and
distances between buildings;
B. Percent coverage of land by buildings and structures;
C. Parking ratios and areas expressed in relation to use of various portions of the property and/or building
floor area;
D. Limitations upon the size, design, number, lighting and location of all signs;
E. The location, width and improvement of vehicular and pedestrian access to various portions of the property
including portions within abutting streets;
F. Construction of fences and walls;
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G. Arrangement and spacing of buildings and structures to provide appropriate open spaces around same;
H. Location and size of off-street loading areas and docks;
I. Uses of buildings and structures by general classification and specific designation when there are unusual
requirements for parking; or when use involves noise, dust, odor, fumes, smoke, vibrations, glare or radiation
incompatible with present or potential development of surrounding property or of other property in the
development;
J. Architectural design of buildings and structures;
K. Schedule of time for construction and establishment of the proposed buildings, structures, or land uses or
any stage of development thereof,
L. Requiring of performance bonds to insure development as approved;
M. Planting and maintenance of trees, shrubs, plants and lawns in accordance with a landscape plan;
N. Any additional improvements and dedications reasonably necessary to fulfill public needs for the general
health, safety and welfare of the neighborhood and the city. (Ord. 4305 § 4, 2006; Ord. 4009 § 2, 2001; Ord. 3656 § 2,
1995)
17.54.070 Required findings.
In approving and adopting the rezoning application with the preliminary development plan, the planning
commission and city council shall find the following:
A. The proposed planned commercial development zone and preliminary development plan is consistent with
the general plan and objectives of this ordinance;
B. The proposed development will constitute a commercial environment of sustained desirability and
stability, and it will compliment and harmonize with the character of the surrounding neighborhood and
community;
C. The proposed development justifies exceptions from the normal application of this code in that it
integrates such elements as the location of structures, circulation pattern, parking, landscaping and utilities,
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together with a program for provision, operation and maintenance of all areas, improvements, facilities and
services provided on the property. (Ord. 4009 § 2, 2001; Ord. 3656 § 2, 1995)
17.54.080 Expiration of zone or plans.
A. When the PCD zone is assigned as an exclusive zone, the following shall apply:
1. The applicant shall commence construction no later than three years from the effective date of the
zoning change. If, within such period, the construction specified in the approved preliminary development
plan has not been commenced, the planning director shall notify the planning commission of same and the
commission shall consider whether changed circumstances justify a zone change to rescind the PCD zone
or if additional time is necessary to be conditioned in order to commence construction of the project.
Initiation of a zone change to rescind the PCD zone, or to change any conditions of approval including
those extending time periods, shall be subject to the provisions of Section 17.64.070 of this code.
2. With the exception of satellite pads, if a certificate of occupancy has not been issued for a substantial
portion of the commercial structures in the first phase of a PCD zone within five years of the effective
date of the PCD zone as determined by the planning director, he/she shall notify the planning commission
of same and the commission shall consider whether changed circumstances justify a zone change to
rescind the PCD zone or if additional time is necessary to be conditioned for the project to be completed.
Initiation of a zone change to rescind the PCD zone, or to change any conditions of approval including
those extending time periods, shall be subject to the provisions of Section 17.64.070 of this code.
3. With the exception of satellite pads, where the first phase is substantially developed and the remaining
phases are undeveloped or in various stages of development and five years have lapsed since the effective
date of the PCD zone as determined by the planning director, he/she shall notify the planning commission
of same and the commission shall consider whether changed circumstances justify a zone change to
rescind the PCD zone for the area containing the uncompleted phases or if additional time is necessary to
be conditioned for the project to be completed. Initiation of a zone change to rescind the PCD zone, or to
change any conditions of approval including those extending time periods, shall be subject to the
provisions of Section 17.64.070 of this code.
B. When the PCD zone is used as a combining zone, no status review or other notification shall be required.
Approved preliminary plans shall be subject to the same time periods as an approved site plan (Section
17.08.080D). If more than one preliminary development plan is approved for a site, the most recent approval
shall supersede all previously approved plans. (Ord. 4009 § 2, 2001; Ord. 3656 § 2, 1995)
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17.54.090 Minimum site area.
The minimum area for a PCD zone shall be one acre. (Ord. 4009 § 2, 2001; Ord. 3656 § 2, 1995)
17.54.100 Modifications to approved preliminary and final development plans.
A. An approved preliminary development plan may be modified by submitting an application for such
modification according to the same procedure as is required in the initial review and approval of said plan.
B. The flexibility of code requirements ordinarily required in other zones permitted in any initial approval of
a PCD zone shall not be considered as a precedent setting, or as a lone compelling reason for approving any
modification.
C. Any application for a modification to an approved preliminary plan may be approved only after it has been
found that it does not deviate from the intent and purpose of this zone and the required findings in Section
17.54.070 can be made.
D. The planning director shall have the authority to administratively approve minor changes, modifications,
alternations, deviations, or substitutions to an approved preliminary development plan with respect to colors,
materials, architectural elevations, landscape plans and other physical changes of a similar nature provided any
such change does not alter any use, environmental mitigation measure, condition of approval or substantially
affect the basic character of the architecture or landscape architecture as established in the planning
commission or city council’s approval of the project. Such minor changes, modifications, alterations,
deviations, or substitutions to an approved preliminary or final development plan shall be reported to the
planning commission at its next regular meeting. At that time, the planning commission may accept the
planning director’s report, may further modify the planning director’s approved changes or may direct staff to
set the matter for hearing in accordance with the provisions of Chapter 17.64 of this code. (Ord. 4009 § 2, 2001;
Ord. 3903 §§ 6, 8, 1999; Ord. 3874 § 1, 1998; Ord. 3656 § 2, 1995)
17.54.110 Maintenance of common areas and non-dedicated improvements and
facilities.
A. All common areas, if any, including open or green spaces, community recreation facilities, common
walkways, parking areas, private streets, sidewalks, curbs and gutters and any improvements listed in Section
16.32.060 of the subdivision regulations of the city which are not dedicated and accepted may be constructed
only upon full and adequate provision for their preservation and future maintenance in a manner acceptable to
the city.
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B. Where ownerships are to be separate, such provision may be satisfied by a declaration of covenants,
conditions and restrictions duly signed and acknowledged by the original owner or owners; articles of
incorporation to be filed with the Secretary of State forming a corporation or association, which shall include
provision for empowering such entity created to own and maintain all the properties within its jurisdiction and
to exercise the powers and duties of such entity to be fully set forth in the declaration; bylaws of the entity
which shall set forth rules of membership, required fees and assessments to be used for maintenance purposes,
membership rights and duties; and forms of deeds incorporating the declaration by reference to its recording
data.
C. All documents must be referred to the city attorney for review and have the approval of the planning
director as to their sufficiency to accomplish their purpose.
D. The owners of the properties shall, as a condition of such ownership, be required to participate in the legal
entity so formed and be responsible to said legal entity for the cost of performing the necessary maintenance.
(Ord. 4009 § 2, 2001; Ord. 3656 § 2, 1995)
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Chapter 17.55
SPECIFIC PLAN LINES FOR STREETS AND HIGHWAYS
Sections:
17.55.010 Definitions.
17.55.020 Adoption—Procedure.
17.55.030 Construction restriction.
17.55.010 Definitions.
Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out
in this section shall have the following meanings:
A. “Map” means an illustration, including, aerial photograph or photo map, accurately indicating the precise
location of a planned right-of-way or portion thereof.
B. “Right-of-way” means all or any part of the entire width of a road, street or highway whether or not such
entire area is actually used for road, street or highway purposes.
C. “Specific plan line” means the boundaries and limits of a planned right-of-way, including the future right-
of-way of an existing street as it is proposed to be widened and including all lands necessary for the building,
widening or maintenance of any road, street, highway or other type of public way, which planned right-of-way
is based upon the general plan of the city. (Ord. 3356 § 1, 1991)
17.55.020 Adoption—Procedure.
Specific plan lines, and all amendments thereto, shall be adopted by resolution in the manner prescribed by law
and shall constitute an amendment of this chapter. Each such resolution shall include a map of the street or
highway project which is the subject of the specific plan. (Ord. 3356 § 1, 1991)
17.55.030 Construction restriction.
A. Except as otherwise allowed by this chapter and by chapter 16.41, no building, structure, well, utility or
other improvement shall be constructed, erected, enlarged or established within the planned right-of-way of
any adopted specific plan line, or within the space between the specific plan line and any required building
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setback line; provided, however, no restriction shall apply to any form of agricultural or horticultural plantings
or crops, the maintenance of domestic animals or the maintenance of fences.
B. Permitted uses shall not be inadvertently prohibited in the South Beltway specific plan line. Oil and gas
related uses located within the specific plan line are specifically exempted from the restrictions contained in
this section.
C. The planning director may authorize the construction, erection, enlargement or establishment of a building,
structure, well, utility or other improvement within the planned right-of-way of any adopted specific plan line,
or within the space between the specific plan line and any required building setback line, if he finds that to
prohibit such construction, erection, enlargement or establishment would constitute an economic hardship on
the applicant, or would destroy all economic use of the applicant’s property. (Ord. 3963 § 1, 2000; Ord. 3356 § 1,
1991)
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Chapter 17.56
FALLOUT SHELTERS
Sections:
17.56.010 Definitions.
17.56.020 Permit required.
17.56.030 Zoning.
17.56.040 Waiver of restrictions.
17.56.050 Shelters within front and side yard areas.
17.56.060 Appeal.
17.56.070 Structural standards.
17.56.080 Time limit for construction pursuant to waiver of restrictions.
17.56.090 Use restricted.
17.56.100 Covenant to remove.
17.56.010 Definitions.
A. “Building official” means the chief building inspector of the city.
B. “Fallout shelter” means a structure designed and used exclusively for the purpose of protecting human life
from the effects of nuclear weapons.
C. “Yard area” means land unoccupied or unobstructed, except for such encroachments as may be permitted
by this title surrounding a building. (Ord. 5020 § 20, 2020; prior code § 17.69.010)
17.56.020 Permit required.
No person, firm or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or
demolish any fallout shelter in the city or cause the same to be done, without first obtaining a permit from the
building official of the city. (Ord. 5020 § 20, 2020; prior code § 17.69.020)
17.56.030 Zoning.
A fallout shelter may be constructed in and shall be a permissible accessory use in any land use zone within the
city; provided, that the structure is built in compliance with all regulations and restrictions applicable to such
zoned area under this title, entitled Zoning, including but not limited to front yard, side yard and setback
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regulations, with the exception of those modifications to zoning regulations or restrictions which have been
approved within a director review and approval permit or the city council as provided in Section 17.56.040.
(Ord. 5020 § 20, 2020; prior code § 17.69.030)
17.56.040 Waiver of restrictions.
A. When special circumstances exist which are applicable to a parcel of property upon which any interested
person desires to construct a fallout shelter such as size, shape, topography, location, surroundings, access or
similar physical factors which make it impossible for the applicant to comply with all zoning regulations or
restrictions which would otherwise be applicable to such property, the applicant may file a verified application
for a director review and approval with the planning director requesting that such regulations or restrictions be
modified or waived.
B. The planning director shall hold a public hearing consistent with Section 17.64.050 (Hearings—Notices) at
which time the planning director may either grant or deny the application.
C. In granting any such application the planning director may impose such conditions as deemed necessary or
desirable to protect the neighborhood or adjoining properties. (Ord. 5020 § 20, 2020; prior code § 17.69.040)
17.56.050 Shelters within front and side yard areas.
Notwithstanding any provision in Section 17.56.040 to the contrary, a fallout shelter shall not be permitted by
the planning director in any front yard or any side yard as defined in Title 17 of this code unless the following
conditions are satisfied:
A. The fallout shelter will not protrude above the existing grade of the lot, with the exception of ventilators
and entrance ways;
B. The entrance ways will not exceed twenty-four inches in height above the existing grade of the lot;
C. Projecting vents will not exceed more than thirty-six inches above the existing grade of the lot;
D. The structure will not be located closer than five feet to the front property line, the official plan line or the
future street line as defined on official master plans. (Ord. 5020 § 20, 2020; prior code § 17.69.050)
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17.56.060 Appeal.
A. Any person who is dissatisfied with the decision of the planning director concerning any matter affecting
his application for the installation of a fallout shelter may appeal to the planning commission.
B. All decisions of the planning director acting under the authority of this chapter shall be final and
conclusive upon the expiration of ten days following the decision of the director unless a written appeal is filed
with the planning department within said ten-day period.
C. The planning director shall cause a written notice of the decision to be mailed to the applicant. (Ord. 5020
§ 20, 2020; prior code § 17.69.060)
17.56.070 Structural standards.
Each fallout shelter must conform to the requirements of Chapter 15.13 of this code. (Ord. 5020 § 20, 2020; Ord.
2612 § 1, 1980; prior code § 17.69.070)
17.56.080 Time limit for construction pursuant to waiver of restrictions.
Any waiver of restrictions granted pursuant to Section 17.56.040 shall be null and void if the applicant does
not exercise the privilege of constructing a fallout shelter within six months following the date the application
is granted by the planning director or by the planning commission. (Ord. 5020 § 20, 2020; prior code § 17.69.080)
17.56.090 Use restricted.
A. Any fallout shelter which has been constructed in a front or side yard area pursuant to Section 17.56.040
shall not be used for any purposes other than protection from nuclear fallout and the storage of emergency
supplies.
B. The use of such a shelter for purposes other than those referred to in this section shall constitute a public
nuisance. (Ord. 5020 § 20, 2020; prior code § 17.69.090)
17.56.100 Covenant to remove.
Whenever any application for a waiver of restrictions is granted pursuant to Section 17.56.040 the owner of the
property upon which the fallout shelter is to be constructed shall record a covenant in the chain of title for the
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benefit of the city stating that the owner and his successors in interest will remove said fallout shelter within
six months after the adoption by the city council of a resolution declaring that such shelters are no longer
necessary for the protection of human life. (Ord. 5020 § 20, 2020; prior code § 17.69.100)
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Chapter 17.57
METAL STORAGE CONTAINERS*
Sections:
17.57.010 Purpose.
17.57.020 Permitted.
17.57.030 Permitted only by conditional use permit.
17.57.040 Emergency use.
17.57.050 Use in conjunction with construction projects.
17.57.060 General regulations.
17.57.070 Amortization period for and removal of nonconforming uses.
* Prior ordinance history: Ord. 3012.
17.57.010 Purpose.
Placement of metal storage containers on lots within the city for use as permanent storage facilities constitutes
a use of such structures other than that for which they were designed and intended. Such placement, except for
emergency purposes or in conjunction with construction projects, may negatively impact the aesthetics of
neighborhoods in which they are placed, or discourage investment in permanent improvements in such
neighborhoods. Metal storage containers may, however, reasonably be utilized to provide alternative
permanent storage facilities if their potentially blighting influences and other potential adverse impacts are
mitigated. The regulations set forth in this chapter are intended to accomplish such mitigation. (Ord. 3869 § 2,
1998)
17.57.020 Permitted.
A. Subject to approval of a plot plan and issuance of building permits, and subject to the regulations set forth
in this chapter, metal storage containers, as accessory uses, are permitted in only the zones listed below as
follows:
Zone Parcel or Site
Area
Maximum
Number of
Containers
C-1, C-2, P.C.D. less than 1/2 acre 1
1/2 acre or more 2
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Zone Parcel or Site
Area
Maximum
Number of
Containers
M-1, M-2, M-3 less than 1/2 acre 1
1/2 acre or more
but less than 1
acre
2
1 acre or more
but less than 2
acres
3
2 acres or more 4
B. Additional containers may be allowed by the planning director in the zone districts listed in subsection A
for temporary storage from October 1st to January 1st, each calendar year. The number of additional containers
shall be based on a ratio of one container for every twenty thousand square feet of gross floor area of a
business or center, not to exceed a maximum of six additional containers on a site. A plot plan of the site or
center shall be approved annually for each request of additional containers. These containers shall be subject to
all regulations of this chapter, except that no building permit is required. They are also not required to be on a
permanent foundation; however, they shall be placed on a paved surface. (Ord. 3869 § 2, 1998)
17.57.030 Permitted only by conditional use permit.
A. Subject to the limitation that the ratio of square footage of metal storage container(s) to the area of any lot
or parcel not exceed one to fifty, metal storage containers, as accessory uses, may be permitted in any other
zone district not listed in Section 17.57.020 by conditional use permit.
B. Subject to the limitation that the ratio of square footage of metal storage container(s) to the area of any lot
or parcel not exceed one to fifty, additional square footage of metal storage containers above that permitted by
Section 17.57.020 may be permitted by conditional use permit. (Ord. 3869 § 2, 1998)
17.57.040 Emergency use.
Metal storage containers may be permitted on any surface in any zone for a period not to exceed ninety days
for emergency storage, subject to approval by the building director. The building director’s decision may be
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appealed to the planning commission. For purposes of this section, emergency storage is storage necessitated
by damage to or destruction of another structure on the same parcel or a contiguous parcel by fire, flood,
earthquake, accident or similar occurrence. (Ord. 3869 § 2, 1998)
17.57.050 Use in conjunction with construction projects.
Metal storage containers may be permitted on any surface in any zone for use as storage facilities in
conjunction with construction projects, subject to approval by the building director. Any such container shall
be removed immediately upon issuance of a certificate of occupancy for the constructed project or upon
expiration of the building permit issued for such project. In no event shall such use exceed twenty-four months
in duration. (Ord. 3869 § 2, 1998)
17.57.060 General regulations.
A. Setbacks and Yard Area Restrictions.
1. On property zoned C-1, C-2 and P.C.D., metal storage containers shall be prohibited within any front
yard or street side yard.
2. On property zoned M-1, M-2 or M-3, metal storage containers otherwise permitted and in
conformance with the requirements of this chapter may be located in a front yard or street side yard;
however, they shall be set back a minimum of thirty feet from any property line abutting any public or
private street.
3. All other setbacks of the zone district in which the metal storage containers are located shall apply,
except that no rear yard setback shall be required if adjacent to a nonresidential zone.
B. Each metal storage container shall be painted a neutral, earth-tone, site-compatible color.
C. Each metal storage container shall be placed on either a minimum four inch thick concrete slab, or a
minimum three inch thick asphalt concrete over two inch thick aggregate base, as required by the building
director.
D. Under no circumstances shall any metal storage container be used for an office, residence or other purpose
involving human occupancy.
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E. Signs shall not be permitted on any metal storage container, except those required that contain public
safety information for the container.
F. A shopping center or other coordinated development as defined in Section 17.04.546 shall be considered a
single parcel or site.
G. Metal storage containers shall not exceed a height of eight feet.
H. A metal storage container shall not exceed an area of three hundred twenty square feet.
I. Metal storage containers shall not be stacked.
J. Use of truck trailers, shipping boxes, railroad cars, and similar materials are prohibited.
K. Metal storage containers shall not be permitted in required parking areas, drive aisles, landscape areas, or
emergency access ways.
L. Metal storage containers shall be screened so that they are not visible from public streets.
M. This chapter does not apply to a business that sells, leases, or stores metal storage containers as legally
permitted and conforming to the regulations of the zone district in which the business is located. (Ord. 3869 § 2,
1998)
17.57.070 Amortization period for and removal of nonconforming uses.
Any metal storage container which is a legal nonconforming use on January 1, 1999, which is located on an
approved foundation and for which a building permit has been issued, shall be removed or brought into
conformance with the provisions of this chapter within two years. (Ord. 3869 § 2, 1998)
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Chapter 17.58
PARKING AND LOADING STANDARDS
Sections:
17.58.010 Purpose.
17.58.020 Residential parking exemption.
17.58.0230 Facilities required.
17.58.0340 Minimum dimensions for required parking and freight loading spaces.
17.58.0450 Rules for calculating required parking and freight loading areas.
17.58.0560 General standards as to location and arrangement of parking.
17.58.05570 Transit credit.
17.58.0680 Parking lots.
17.58.0790 Required parking on the same lot as the structure or use served—Exceptions.
17.58.080100 Shared use of required parking.
17.58.09110 Reduction of parking where area requirements are satisfied.
17.58.1020 On-street parking credit.
17.58.1130 Parking space requirements by land use.
17.58.1240 Parking space requirements within the “central district,” “Old Town Kern,” and other
mixed-use areas.
17.58.1350 Freight loading space requirements.
Prior legislation: Ords. 4236, 4104, 3964, 3839, 3835, 3458, 3285, 2891, 2851, 2819, 2722; prior code §§ 17.56.010 through
17.56.030, 17.56.090, 17.56.100 and 17.58.010 through 17.58.080.
17.58.010 Purpose.
The purpose of these regulations is to:
A. Allow flexibility in addressing vehicle parking, loading and access issues;
B. Provide accessible, attractive, secure, and well-maintained off-street parking and loading facilities;
C. Ensure access and maneuverability for emergency vehicles;
D. Maintain and enhance a safe and efficient transportation system that is consistent with community and
environmental goals;
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E. Ensure that off-street parking, loading, and access demands associated with new development will be met
without adversely affecting other nearby land uses and surrounding neighborhoods;
F. Assist in encouraging mixed-use and pedestrian friendly settings throughout the city;
G. Reduce the amount of parking area within the urban setting to help reduce the heat island affect;
H. Encourage infill and investment into the city’s central district;
I. Promote the location of housing and services near transit facilities;
J. Reduce vehicle trip lengths by encouraging mixed use, infill, and transit sensitive uses using shared parking
standards as an incentive. (Ord. 4521 § 10, 2008)
17.58.020 Residential parking exemption.
A. Parking standards are no longer required for residential construction. If parking facilities are provided for
the residential development, the parking development standards outlined in this Chapter apply. Additionally,
pursuant to Government Code Section 65863.2(f) and relevant sections of the California Government Code as
amended from time to time, this section shall not reduce, eliminate, or preclude the enforcement of any
requirement imposed on a new multifamily residential to provide electric vehicle supply equipment installed
parking spaces or parking spaces that are accessible to persons with disabilities that would have otherwise
applied to the development if this section did not apply.
17.58.0230 Facilities required.
A. For each new dwelling, new multiple-family dwelling, new business or new industrial establishment or
other new or moved structures, or for any change of use of any existing structure, or for any addition to an
existing use, there shall be provided and maintained off-street parking facilities to accommodate the motor
vehicles required by the use of the property or structures as set forth in this chapter.
B. All parking for residential uses shall be on the same lot or parcel except where allowed pursuant to Section
17.58.070(B). Parking for all other uses shall be located on the same lot or parcel as the use served or be
immediately adjacent to the subject property subject to the provisions of Section 17.58.070(A) and (C). (Ord.
4521 § 10, 2008)
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17.58.0340 Minimum dimensions for required parking and freight loading spaces.
A. Parking Spaces. Each off-street parking space shall be a minimum of nine feet wide by eighteen feet deep.
Compact parking spaces may be provided at a minimum of eight feet wide by fifteen feet deep at a ratio of
twenty percent of all spaces beyond the first twenty spaces required. All spaces shall be designed according to
standards established by the traffic engineer.
B. Freight Loading Spaces. Each off-street loading space shall have a minimum length of thirty-five feet, a
minimum width of ten feet, and a minimum vertical clearance, including entry and exit, of fourteen feet, except
the minimum length for the first such space required for any structure or use shall be twenty-five feet and the
minimum vertical clearance, including entry and exit, shall be twelve feet. These dimensions shall be exclusive
of platform, driveways, drive aisles, and maneuvering areas.
C. Motorcycle Spaces. Each off-street parking space dedicated for motorcycle parking shall be a minimum of
four feet wide by eight feet deep and shall be designed according to standards established by the traffic
engineer. (Ord. 5121 § 1, 2023; Ord. 4521 § 10, 2008)
17.58.0450 Rules for calculating required parking and freight loading areas.
A. In calculating off-street parking and freight loading spaces, the following rules shall apply:
1. Parking computations will be based on the gross floor area of entire buildings and structures unless
otherwise stated in this chapter. For buildings and structures being remodeled or to which additional floor
area is being added, the parking computations shall also be based on the gross area of the entire building
or structure.
2. When after computing the number of parking spaces required for a structure there appears a fractional
requirement of one-half or more of a parking space, one additional parking space shall be required. If after
such computation the fractional requirement for a given number of spaces is below one-half space, no
additional parking will be required for that fractional parking space.
3. Parking for buildings containing three or more stories shall be based on the conditioned or net floor
area.
B. The requirements for off-street parking and loading for any use not specifically mentioned shall be the
same as for a use specified which is similar, as determined by the planning director.
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C. Where a parcel or site contains a use with existing legal nonconforming parking, no additional parking
shall be required unless there is a change of use, a new building or use is proposed, or an existing building or
use is enlarged. Parking will then be assessed as follows:
1. Building additions will only be required to provide new parking based on the added floor area.
2. If a new use requires less parking than the previous use, no additional parking shall be required.
3. Parking lots or garages with legal non-conforming design standards may remain subject to approval of
the planning director and traffic engineer provided such does not compromise traffic circulation or public
safety. (Ord. 4521 § 10, 2008)
17.58.0560 General standards as to location and arrangement of parking.
A. Every new off-street parking or loading space shall have adequate means of ingress from and egress to a
street or alley that is designed and paved in accordance to adopted city standards. Every required off-street
parking or loading space shall be independently accessible, except where tandem parking spaces are allowed.
Access to off-street loading spaces shall be provided on private property.
B. The internal layout of off-street parking and loading spaces, driveways, aisles and maneuvering areas shall
be clearly marked according to city standards.
C. Parking spaces for people with disabilities shall be provided and designed in accordance with Title 24 of
the California Administrative Code and Americans with Disabilities Act (ADA) requirements. These parking
stalls shall be allowed to be counted as part of the total number of parking spaces required for the use or
building.
D. Off-street parking and loading facilities shall be arranged so as to prevent encroachments upon street
rights-of-way, adjacent properties, and landscaping areas required pursuant to Chapter 17.61 of this code. In
approving the design of said parking and loading facilities the approving authority shall consider the
maneuvering, standing and storage of vehicles, and layout of the facilities, and may require the use of curbing,
bumper or wheel guards, or other such devices as necessary to ensure compliance with this section.
E. Freight and merchandise loading docks or loading areas shall not be visible from any public street.
Landscaped buffers and/or walls shall be used to screen these areas from public view.
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F. For all multiple-family unit projects, driveways shall not exceed a width of thirty feet (top-to-top) or the
minimum width necessary for two-way travel as determined by the traffic engineer.
G. Driveways crossing sidewalks shall be arranged, to the extent practical, to minimize the width and
frequency of curb cuts, and conflicts with pedestrian and transit movements as determined by the traffic
engineer.
H. Every off-street parking or loading facility and access thereto shall be suitably graded, paved, drained, and
maintained according to standards adopted by the city engineer. Whenever corrosive materials are loaded or
unloaded, docks, driveways, off-street loading and parking areas shall be concrete or equivalent as required by
the city engineer.
I. New off-street parking facilities, or additions or alterations to existing off-street parking facilities shall be
subject to approval pursuant to Chapter 17.08 of this code.
J. No area credited as all or part of a required off-street parking space shall also be credited as all or part of a
required off-street loading space, or used for off-street loading. No area credited as all or part of a required
loading space shall also be credited as all or part of a required off-street parking space, or used for off-street
parking.
K. In no event shall any parking required and provided pursuant to Section 17.58.010 through 17.58.1310 be
situated in such way that vehicles entering the parking area be allowed to back onto any street or thoroughfare
in order to leave said property, except as follows.
1. This provision shall not apply to any single-family unit residence in an area zoned residential.
2. On streets which have not been designated by the traffic authority as arterial or collector streets, the
traffic authority is granted the power to permit backing onto such streets for multiple-family unit projects
containing four units or less on a site that is not part of a multiple- unit family subdivision project where
such backing will not adversely affect traffic, and the design, width and function of the driveway is
similar to a single- unit family residential driveway use.
L. Neither the area of a required side yard abutting a street nor the required front yard shall be used for off-
street parking or drive aisles required by this code except as allowed in Section 17.58.0650(M). In the P zone,
off-street parking shall be setback a minimum of ten feet along all street frontages.
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M. Notwithstanding the provisions of Section 17.58.1130, the area of a required front yard or street side yard
in an R-2, R-3, or R-4, R-5, or R-6 zone may be encroached to the extent of four feet for off-street parking
required by this chapter, subject to the following limitations and conditions:
1. The encroaching parking space must be an extension of and parallel to a row of parking containing
two or more spaces;
2. The prohibition against backing onto streets contained in Section 17.58.0560(K) shall apply;
3. On corner lots or lots at intersecting streets, no such encroachment is permitted in a sixty-foot corner
cutoff area as measured along the intersecting street curb-lines as extended;
4. Any landscaping or walls required by subsection N of this section in the encroached area or the sixty-
foot corner cutoff area must be approved by the city traffic engineer.
N. Where the parking area or lot, including driveways, drive aisles, delivery areas, and loading and unloading
areas, is adjacent to property zoned residential, it shall be separated by a continuous solid wall of masonry
construction a minimum height of six feet as measured from highest adjacent grade and by a continuous
landscaped strip at least seven feet in width; however, this landscape strip shall not be required for projects
containing four units or less in any R-2, R-3, or R-4 zone and not adjacent to any single- unit family residential
zone except to satisfy minimum shading requirements in Section 17.61.030(H). Additionally, where common,
shared, or joint use of parking or drive aisles exist or will occur between residentially and/or commercially
zoned properties and such is recorded according to Section 17.58.100080, the wall and landscape separation
shall not be required. Any wall located within or along the front yard setback shall not exceed a height of four
feet.
O. All delivery, loading and solid waste operations shall be subject to the provisions of Section 17.08.140(G).
P. Within the “central district” and properties zoned C-B and C-C, any off-street freight loading area located
within fifty feet of any residential zoned or developed property shall be completely enclosed within a building
if such freight loading is used between the hours of 10:00 pm and 7:00 am. (Ord. 4521 § 10, 2008)
17.58.05570 Transit credit.
Except for the “central district” and properties zoned C-B and C-C, which already receive a fifty percent
reduction under Section 17.58.120, required parking may be reduced by ten percent if there exists a transit
facility as defined in Section 17.04.624 within one thousand feet of the front or main customer door of the
building that is linked with an improved and paved pedestrian way. (Ord. 4521 § 10, 2008)
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17.58.0680 Parking lots.
A. All parking lots shall be paved, including driveways, drive aisles and loading areas, with concrete,
asphaltic concrete, or any other paved street surfacing material approved by the city engineer. Unless otherwise
approved by the city engineer, if asphaltic concrete is used, it shall be a minimum thickness of two inches over
three inches of approved base material with adequate drainage provided; if concrete is used, it shall be a
minimum thickness of four inches.
B. Lighting shall be installed in all parking lots and parking garages which accommodate passenger vehicles,
with the exception of parking areas for residential projects with four units or less, in compliance with the
following provisions:
1. Illumination shall be generally distributed across the parking area and operational during business
hours. Lighting shall be designed and arranged in such a manner so that light is directed downward and is
reflected away from adjacent properties and streets. The building official may at any time require use of
glare shields or baffles for glare reduction or control of backlight.
2. Light poles, standards and fixtures, including bases or pedestals, shall not exceed a height of forty
feet. Light sources less than fifty feet from the property line of any residentially zoned or designated lot or
existing residential development shall not exceed a height of fifteen feet.
3. Lighting sources, fixtures and related structures shall be maintained in sound operating condition at all
times. Maintenance shall include but is not limited to replacement of broken lenses, burned out light
sources, adjustments to fixture tilt, cleaning of fixtures and lenses, painting of standards and replacement
of shields or baffles.
4. All parking lots established prior to the effective date of this subsection shall be exempt from the
provisions of this subsection; however, at such time changes or modifications occur on the site that
necessitate a site plan review pursuant to Chapter 17.08 of this code, the planning director or designee
shall determine whether some or all said provisions will be implemented under the approved site plan.
C. No parking lot for any number of automobiles shall have conducted upon it any dead storage, dismantling,
or sale of vehicles, or any repair or servicing of vehicles other than that of an emergency nature.
D. Sales or storage of materials and merchandise, including seasonal merchandise, shall not be permitted in
any required parking or loading area but shall be within a screened area dedicated for such use.
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E. Any parking lot with more than ten spaces adjacent to a public street shall be screened via one of the
following options: (1) landscaped berms, (2) retaining walls, (3) evergreen hedges or (4) a combination
thereof, a minimum height of forty-eight inches at the time of installation, as measured from the adjacent
parking lot top of pavement. Option 2 shall include the planting of shrubs between the wall and the sidewalk.
F. Shopping cart corrals, if provided, shall not be located within required parking stalls, drive aisles or
loading areas. (Ord. 4943 § 1, 2018; Ord. 4521 § 10, 2008)
17.58.0790 Required parking on the same lot as the structure or use served—
Exceptions.
A. The nonresidential parking requirements of this Sections 17.58.010 through 17.58.110 may be satisfied by
owning adjacent parking facilities or leasing the required parking spaces from properties adjacent to the subject
property. If parking is proposed on an adjacent parcel, said parking must be considered readily accessible to
the subject property as determined by the planning director. If off-street parking is proposed on an adjacent
parcel, said parking shall conform to the requirements in Section 17.58.07090(C). of this code.
B. Off-site parking for uses within the “central district” and properties zoned C-B and C-C shall be subject to
the following exceptions and requirements:
1. Required off-street parking spaces for one-family or two-family dwellings in residential zones shall be
located on the same lot as the dwellings served.
2. Required off-street parking spaces for all other dwellings shall be located on the same lot as the
dwelling served, as an accessory use, or within a walking distance of five hundred feet, as either a
permitted or a conditional use, depending upon the use provisions applicable to the zone in which such
parking is located, and such parking shall be easily recognized for that project, such as but not limited to,
signs, dedicated and improved pedestrian ways, and other identification as approved by the planning
director. Required off-street parking spaces for projects designed for senior citizens or the handicapped
shall be on site.
3. Required off-street parking spaces for all uses other than dwellings shall be located on the same lot as
the use served, as an accessory use, or within a walking distance of one thousand feet, as either a
permitted or a conditional use, depending upon the use provisions applicable to the zone in which such
parking is located, and such parking shall be easily recognized for that project, such as but not limited to,
signs, dedicated and improved pedestrian ways, and other identification as approved by the planning
director.
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4. Walking distance for purposes of subsections (B)(2) and (B)(3) above shall mean the distance from
the front or main customer door of the building to the nearest point of the off-street parking facility
assigned to such structure or use or part thereof, along the shortest and most convenient improved
pedestrian walkway open to the user or users of such off-street parking space.
5. Whenever the planning director determines that sufficient spaces are available in a public parking
facility within one thousand feet of a new business, he or she may accept a contract pursuant to Section
17.58.07090(C) for such spaces in satisfaction of the off-street parking requirements of this chapter.
C. In order to be credited toward the parking requirements of any development, use, or structure, any off-
street parking space located on a lot other than the lot on which the structure or use to be served is located must
meet the following criterion:
1. Assurances as to the availability of remote parking spaces must be provided. Such availability shall be
assured either by ownership of both the lot containing the structure or use to be served and the lot
containing the off-street parking space by at least one common owner, or by a lease or other instrument
providing for the availability of the parking space for not less than the actual lifetime of the structure or
until a change of use or modification to an existing use occurs. An attested copy of any such instrument
shall be filed with the planning department prior to approval of any building permit application affected
by this arrangement for provision of required off-street parking. In addition, in either case, a document in
a form approved by the city attorney shall be executed by the parties concerned, and recorded in the office
of the Kern county recorder, serving as a notice of the restrictions under this code applying both to the lot
requiring and the lot containing the off-street parking space, by virtue of this arrangement for provision of
required off-street parking. (Ord. 4521 § 10, 2008)
17.58.1080 Shared use of required parking.
A. Shared parking for projects of one acre or less that contains a mix of residential and retail/office
commercial uses that maintain the existing scale, architectural character, and general neighborhood character
of the area, will be assessed based on the highest single-use demand as determined by the planning director.
B. Shared use of the same off-street parking spaces to meet the requirements of two or more structures or uses
may be permitted where the normal hours of operations of such structures or uses are such as to assure the
feasibility of such shared use of parking, and where the total quantity of spaces provided is at least equal to the
total of the projected parking demand for the structures or uses in operation at any given time. Use of a shared
parking model from the Urban Land Institute, International Council of Shopping Centers, or other recognized
shared parking model may be used to determine minimum parking requirements in lieu of the standard
schedule of parking in Section 17.58.1130 as approved by the planning director.
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C. In order to be credited toward the parking requirements of this chapter, an off-street parking space made
available for shared use and located on a lot other than the lot on which the structure or use to be served is
located, must be available for the actual lifetime of the structure or use to be served. Such availability shall be
assured in the manner provided for in Section 17.58.0790 of this chapter. In addition, an attested copy of a
contract among all the parties concerned setting forth their agreement to such shared use shall be filed with the
planning department prior to approval by said department of any building permit application affected by the
arrangement for joint use of parking. In any such case a notice of restrictions upon the affected properties shall
be executed in a form approved by the city attorney and recorded in the office of the Kern county recorder,
making specific reference to said contract and describing the arrangement for shared use of parking. (Ord. 4521
§ 10, 2008)
17.58.11090 Reduction of parking where area requirements are satisfied.
In instances in which the city council has officially determined that the required off-street parking space
requirements for uses in a defined area will be satisfied in whole or in part by public off-street parking
facilities constructed or authorized to be constructed, off-street parking required for a use may be
correspondingly reduced. (Ord. 4521 § 10, 2008)
17.58.1020 On-street parking credit.
Along local streets only and where on-street parking is permitted, on-street parking credit will be given along
the street frontage of the project site as follows:
A. On-street parking credits will be allowed for all nonresidential uses.
B. For residential uses, only fifty percent of the guest parking that is required by this code will qualify for on-
street parking credit, unless otherwise provided by this chapter.
CB. On-street parking for disabled persons that is required by Section 17.58.0560(C) shall not be credited
unless the space is authorized by the building director in accordance with Title 24 referenced in the
aforementioned section, and is approved by the traffic engineer.
DC. Parallel spaces will be credited at one space per twenty-two feet and angled spaces will be credited at
one space per fourteen feet of uninterrupted curb along the parcel or site frontage minus driveways, fire
hydrant breaks, and other space not permitted for parking by the traffic engineer.
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ED. On-street parking credits may be permitted along collector streets at the discretion of the traffic engineer.
However, his or her approval will consider such issues that include, but are not limited to, traffic safety,
circulation patterns, speed limits, traffic volume, future improvements, and other traffic planning
considerations where on-street parking may need to be limited or prohibited.
FE. If on-street parking along a street is restricted or prohibited in the future by the city, the use or building
will not be required to make up the lost spaces on site and will be deemed legal nonconforming subject to the
provisions of Section 17.58.0450(C). (Ord. 5043 § 1, 2021; Ord. 4521 § 10, 2008)
17.58.1130 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. Parking standards are no longer required for residential construction. If parking facilities are provided for
the residential development, the parking development standards outlined in this Chapter apply. Additionally,
pursuant to Government Code Section 65863.2(f) and relevant sections of the California Government Code as
amended from time to time, this section shall not reduce, eliminate, or preclude the enforcement of any
requirement imposed on a new multifamily residential to provide electric vehicle supply equipment installed
parking spaces or parking spaces that are accessible to persons with disabilities that would have otherwise
applied to the development if this section did not apply.
CB. Tandem parking for non-residential uses 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.
DC. 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.
ED. 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.
FE. Parking space requirements by land use table:
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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 limiting occupancy of at
least 1 resident per unit by age as noted or is physically
handicapped)
Plus an additional 10% for guest parking on parcels
containing 5 or more units
16. 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)
27. Medical and dental office, including chiropractic office,
specialized medical offices and other similar uses
1 space per 200 square feet of gross floor area
38. Physical and occupational therapy 1 space per 300 square feet of gross floor area
49. 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
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510. 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)
611. 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)
712. General retail 1 space per 300 square feet of gross floor area
(single tenant only; for multiple tenant buildings, refer to
No. 11 above)
813. 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.
914. Night club, including live entertainment 1 parking space per 50 square feet of gross floor area (no
additional parking is required for outdoor seating)
(Note: For breweries and wineries, including boutique
wineries, parking for food service, retail sales, office, and
warehousing/storage shall be computed separately by
use)
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.
105. 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 islands, credit for 2
parking spaces per pump shall be given
116. Bank, savings and loan, credit union 1 space per 300 square feet of gross floor area;
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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
127. Hotel, motel, roominghouse 1 space per sleeping unit
(additional parking required for meeting rooms,
restaurants, bars, and office space)
138. 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
149. 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
1520. Veterinary hospital and clinic 1 space per 500 square feet of gross floor area
1621. Museum 1 space per 500 square feet of gross floor area
Library
Cultural center
1722. 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
(office, retail sales, service department, and repair area
shall be computed separately by use)
1823. 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
1924. Bowling alley 4 spaces per alley
(restaurants, video arcades, pro shops and other related
uses shall be computed separately by use)
205. Billiards 2 spaces per table
(restaurants, video arcades, pro shops and other related
uses shall be computed separately by use)
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216. Golf course 6 spaces per tee
(restaurants, video arcades, pro shops and other related
uses shall be computed separately by use)
227. Tennis, racquetball, and handball court 3 spaces per court
(restaurants, video arcades, pro shops and other related
uses shall be computed separately by use)
238. 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
249. Park, outdoor recreational facility 1 space per 6 people that the facility is designed to
accommodate
or
If seating is provided, 1 space per 4 seats, whichever is
greater
2530. Lodges, halls 1 space per 4 seats provided in accordance with
applicable fire code occupancy standards
Banquet rooms, including those associated with a
restaurant
ChurchReligious institution 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)
2631. 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)
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2732. 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
Residential care or group home
(additional parking required for administrative offices,
testing, teaching, research and other similar activities)
2833. 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
2934. 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)
350. 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
316. 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
327. 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
338. 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
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Plus office space for above 1 space per 300 square feet of gross floor area
349. 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)
3540. 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)
3641. 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
3742. Electric distribution substation No parking required
Electric transmission substation
Gas regulator station
Public utility/water well station
Automated/computerized communications equipment
buildings (where no permanent employees assigned)
(Ord. 5054 § 1, 2021; Ord. 5043 § 2, 2021; Ord. 4995 § 1, 2019; Ord. 4754 § 1, 2013; Ord. 4521 § 10, 2008)
17.58.1240 Parking space requirements within the “central district,” “Old Town
Kern,” and other mixed-use areas.
The following supplemental off-street parking standards shall be applicable within the “central district” as
defined in Chapter 17.04 of this code., “Old Town Kern” as defined in Chapter 10.08 of this code, C-B zone
district, or C-C zone district:
A. Mixed-Use Development Parking Incentives. For a mixed-use combined residential and retail/office
commercial project where the design and development function as an integrated unit, the following incentives
shall apply:
1. Off-street parking may be reduced by up to fifty percent of the minimum requirement assessed under
Section 17.58.110.
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2. The amount of reduction shall be scaled to the degree the design and development function as an
integrated unit. The greater the balance of residential to commercial/office space, the greater the
reduction.
3. The exact amount of reduction shall be determined by the planning director on a case-by-case basis.
The decision of the planning director may be appealed to the planning commission.
4. Where the applicable project requires planning commission approval, the exact amount of reduction
shall be determined by the planning commission. Any decision of the planning commission may be
appealed to the city council.
B. Multiple-Family Residential Development Parking Incentives. For exclusively multiple-family residential
development projects, the following incentives shall apply:
1. On-site guest parking shall not be required.
2. Tandem parking will be permitted for each unit containing two or more bedrooms.
3. Only one parking space per unit is required regardless of the number of bedrooms.
AC. Any change of use of an existing building in the “central district” shall not be subject to additional off-
street parking requirements set forth in this chapter, provided there is no expansion of the square footage of the
building.
BD. If not specifically addressed within these supplemental standards, the parking and loading standards of
this chapter shall apply. (Ord. 5043 § 3, 2021; Ord. 4998 § 1, 2019; Ord. 4754 § 2, 2013; Ord. 4521 § 10, 2008)
17.58.1350 Freight loading space requirements.
A. In addition to off-street parking spaces required by the preceding sections, off-street freight loading spaces
shall be provided in the minimum quantities specified in the table in subsection B of this section. Non-
accessory parking spaces, driveways and maneuvering areas incidental thereto shall not be counted.
B. Freight loading space requirements by land use table:
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Freight Loading Space Requirements by Land Use
Use or Activity
Gross Floor
Area of
Structure or
Use (sq. ft.)
Spaces
Required
1. Retail,
wholesaling and
all other uses
primarily
engaged in the
handling of
goods
0—8,500 0
8,501—60,000 1
60,001—100,000 2
over 100,000 3 plus 1 for each
additional 80,000
sq. ft.
2. Office, hotel,
apartments and
all other uses not
included above
0—100,000 0
100,001—
200,000
1
200,001—
500,000
2
over 500,000 3 plus 1 for each
additional
300,000 sq. ft.
(Ord. 4521 § 10, 2008)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Chapter 17.59
WIRELESS TELECOMMUNICATION FACILITIES NOT IN THE
PUBLIC RIGHT-OF-WAY
Sections:
17.59.010 Purpose.
17.59.020 Review process.
17.59.030 Development and design standards.
17.59.040 Abandonment and removal.
17.59.010 Purpose.
The purpose of this chapter is to establish general guidelines for the siting of wireless telecommunication
facilities not in the public right-of-way, including towers and antennas, in accordance with the
Telecommunications Act of 1996, as amended. The goals of this chapter are to protect residential areas and
land uses from potential adverse impacts of towers and antennas, encourage their location in industrial and
commercial areas, encourage the joint use of new and existing facilities, encourage users to configure such
facilities in a way that minimizes the adverse visual impacts, and consider the public health and safety in the
siting and use of the facilities. In furtherance of these goals, the city shall give due consideration to the general
plan, zoning of existing land uses, and environmentally sensitive areas in approving sites for the location of
wireless telecommunication facilities. Notwithstanding any other provision of this chapter as provided herein,
Chapter 12.30 of this code shall apply to the placement, construction, or modification of wireless
telecommunication facilities within the public right-of-way, as provided therein. (Ord. 4876 § 2, 2016; Ord. 4231
§ 1, 2005)
17.59.020 Review process.
A. All wireless telecommunication facilities not in the public right-of-way, including antennas, towers,
mounted poles, and satellite dishes shall be subject to review as follows:
1. Exemptions. The following installations are exempt from the provisions of this chapter:
a. The installation of one ground-mounted satellite dish antenna for the private, personal use of the
occupants of a dwelling, which is less than ten feet in diameter and less than fifteen feet in height
and complies with all applicable accessory structure setbacks.
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b. One satellite dish antenna for the private, personal use of the occupants of a dwelling, which is
less than twenty-four inches in diameter installed on a building providing that such antenna does not
extend above the roof-line of the building.
c. One single-pole, tower roof, or ground-mounted television, or amateur radio antenna for the
private, personal use of the occupants of a dwelling provided such antenna is no more than sixty-five
feet in height from grade and complies with all applicable accessory structure setbacks.
B. Director Review and Approval. The following shall be reviewed by the planning director or designee, prior
to the issuance of a building permit. The applicant shall include with their plans all drawings, renderings,
photographs and other necessary documents that clearly show how the proposed facilities will meet the
required development standards.
1. Antennas mounted on a building or rooftop and that are screened from view from all adjacent public
rights-of-way and adjacent residentially zoned or designated properties.
2. Antennas architecturally integrated within a building or structure, or concealed so as not to be
recognized as an antenna, such as clock towers, carillon towers, flagpoles, and steeples. These antennas
may be permitted in any zone district.
3. Antennas mounted on other existing structures including, but not limited to, water tanks, pump
stations, utility poles, field lighting and signs (excluding outdoor advertising structures), where the
antenna height does not exceed the structure height nor project more than eighteen inches from the
structure. The antenna shall also be painted to match the color of the building or structure, and/or be
covered or architecturally screened with materials using the latest stealth design features so that it is
indistinguishable from the main structure. These antennas may be permitted in any zone district.
4. Antennas mounted on existing electrical transmission towers in any zone district where the antenna
height is no more than ten feet above the height of the tower, the antenna blends with the architectural
design of the tower, and the utility company has given written permission for such co-location.
5. Co-location of new equipment on an existing legally approved antenna or tower that blends with the
architectural design of the existing facility and meets all other requirements of this chapter.
6. Modification of existing telecommunications facilities that existed prior to the effective date of the
ordinance codified in this chapter where the physical area of the reconfigured or altered antenna does not
exceed twenty-five percent of the original approval, blends with the architectural design of the existing
facility, and meets all other requirements of this chapter.
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7. Stand-alone monopole camouflaged as a palm tree, pine tree or other natural object.
8. Stand-alone slim-line monopole with flush-mounted vertical antennas employing the latest stealth
design features. A slim-line monopole shall measure no more than twenty-four inches in diameter at the
base that tapers smaller toward the top. The maximum distance of antenna arrays projecting from the pole
shall not exceed eighteen inches.
C. Director Review and Approval. The following shall be reviewed by the planning director, subject to a
director review and approval permit in accordance with Chapter 17.64 of this code. The applicant shall include
with their plans all drawings, renderings, photographs and other necessary documents that clearly show how
the proposed facilities will meet the required development standards.
1. Facilities that do not meet the requirements of subsection B of this section or the development
standards in Section 17.59.030.
2. New uncamouflaged monopoles.
3. All other wireless communication facilities not in the public right-of-way, including lattice towers.
4. Placement of a commercial antenna or satellite dish antenna on any building not screened from view
from all adjacent public rights-of-way and adjacent residentially zoned or designated properties.
5. On property zoned or designated residential, residential suburban, agricultural, or open space unless
otherwise provided by this chapter. (Ord. 5020 § 21, 2020; Ord. 4876 § 2, 2016; Ord. 4231 § 1, 2005)
17.59.030 Development and design standards.
A. Minimum setbacks of any antenna or tower subject to this chapter, including equipment and equipment
buildings, shall be as follows:
1. Fifty feet from the property line abutting any public or private street.
2. Where the property line separates the lot from an adjacent lot zoned or designated residential, fifty
feet for camouflaged and slim-lined monopoles, three hundred feet for uncamouflaged monopoles and
lattice towers, and twenty feet for equipment buildings.
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3. All other setbacks of the zone district in which the facilities are located shall apply, except that no rear
yard setback shall apply to commercial or industrial zone districts adjacent to same.
B. The maximum height of an antenna or tower, including equipment and equipment buildings, shall be as
follows:
1. Sixty-five feet or no more than twenty percent above the existing height of adjacent natural objects,
whichever is less, for stand-alone monopoles on property zoned or designated residential, residential
suburban, agricultural, or open space. Natural objects do not include fabricated structures such as
buildings, signs, utility poles/towers, or other telecommunication towers.
2. One hundred twenty-five feet or no more than twenty percent above the existing height of adjacent
natural objects, whichever is less, for standalone monopoles on property zoned or designated commercial
or industrial. Natural objects do not include fabricated structures such as buildings, signs, utility
poles/towers, or other telecommunication towers.
3. If the antenna or tower is mounted on a roof, no taller than fifteen feet above the roof or twenty
percent of the building height, whichever is less.
4. If the antenna is architecturally integrated within a building or structure, or concealed so as not to be
recognized as an antenna, such as a clock tower, carillon tower, and steeple, its height is limited by the
height of that building or structure.
5. Equipment buildings shall not exceed a height of twelve feet and an area of seven hundred fifty square
feet.
C. Associated equipment shall be within a completely enclosed building. Use of underground vaults,
landscaping, or other camouflaging completely screening equipment is encouraged and may be considered by
the approving authority in lieu of a building. Buildings shall be painted similar nonreflective colors as the
antenna or tower structure, and blend with the surrounding area. If security fencing is used, it shall be wrought
iron or similar decorative material. Chain-link fencing may only be used if screened with landscaping that is
installed and maintained in accordance with Chapter 17.61 of this code. Use of electrified, barbed or razor wire
is prohibited. Trees may be required by the approving authority when deemed necessary to ensure
compatibility with the surrounding area.
D. If security lighting is provided, it shall be directed downward and shielded to prevent light spillage onto
adjacent properties and public rights-of-way.
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E. Signs and advertisement are prohibited, except required informational signs for public safety in accordance
with the area limitations of Section 17.60.080(F).
F. The antenna shall be located to assure visual compatibility with surrounding development and not
adversely impact area land uses. Guy wires are prohibited.
G. If an antenna is attached or integrated into a building, it shall be painted to match the color of the building
and/or covered with similar materials and use the latest stealth design features.
H. Nonreflective colors shall be used for all equipment shelters, poles, towers, antennas, and supporting
structures. If not camouflaged, antenna and monopoles shall be a single color such as off-white, cream, beige,
light green, or gray.
I. Antenna structures shall conform to Federal Aviation Administration regulation AC70/7300 latest edition.
This may include beacons, sidelights, and/or strobes.
J. The operation of the antenna shall not cause interference with any electrical equipment in the surrounding
neighborhoods such as television, radio, telephone, computer, inclusive of any public safety radio system, 911
emergency system, etc., unless exempted by federal regulation.
K. Uncamouflaged monopoles, slim-lined monopoles, and lattice structures shall be located no closer than
one thousand feet apart. Camouflaged monopoles shall be located no closer than three hundred feet apart. Co-
location is encouraged to minimize the number of antennas and towers in an area.
L. Facilities shall be maintained in good condition and a proper state of preservation at all times. They shall
be operational and present a satisfactory appearance regarding their original approval such as painting, material
screening, camouflage, landscaping, or anything deemed to the appearance of the overall facility.
M. Landscaping may be required to further screen, aesthetically enhance, or blend the facility with adjacent
natural features or development when deemed necessary by the approving authority to ensure compatibility
with the surrounding area. (Ord. 4876 § 2, 2016; Ord. 4782 § 1, 2014; Ord. 4231 § 1, 2005)
17.59.040 Abandonment and removal.
Any wireless telecommunication facility not in the public right-of-way, including antennas, towers and satellite
dish antennas, that are not operated for a continuous period of twelve months, shall be considered abandoned
and the owner of such facility, or the property owner of the facility site shall remove the same within ninety
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days of receipt of notice from the city notifying the owner of such abandonment. Failure to remove an
abandoned facility within such ninety days shall be grounds to declare it a public nuisance and to cause such to
be removed at the owner’s or property owner’s expense. This section shall not limit the city’s remedies and
city shall have all remedies available at law or equity. (Ord. 4876 § 2, 2016; Ord. 4231 § 1, 2005)
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Chapter 17.60
SIGNS*
Sections:
17.60.010 Purpose.
17.60.020 Permits.
17.60.030 Comprehensive sign plans.
17.60.040 Sign area computations.
17.60.050 Sign location restrictions.
17.60.060 Sign development standards.
17.60.070 Specialized signs.
17.60.080 Exempt signs.
17.60.090 Prohibited signs.
17.60.100 Nonconforming signs.
17.60.110 Violation and abandonment.
17.60.120 Interpretation and enforcement.
* Prior history: Ords. 2647, 2674, 2797, 2887, 2930, 2953, 2969, 2979, 3038, 3074, 3098, 3231, 3320, 3378 and prior code
§§ 17.54.010—17.54.170, 17.54.190—17.54.230.
17.60.010 Purpose.
The purpose of this chapter is to promote the growth of the city in an orderly and attractive manner and to
provide standards to safeguard life, health, property and public welfare by regulating and controlling the type,
number, area, height, quality of materials, construction, illumination, location and maintenance of all signs and
sign structures. The use of signs is regulated by zone. Their placement and physical dimensions are regulated
primarily by type and length of street frontage. This chapter is not intended to, nor shall any of its provisions
be construed to modify or repeal the Uniform Sign Code, Chapter 15.36 of this code, except as specified.
The sign regulations of this chapter are intended to accomplish the following results:
A. Protect and enhance the character of residential neighborhoods and property values by prohibiting
obtrusive and incompatible signs.
B. Promote and maintain healthy commercial centers and property values for effective identification and
communication of the nature of goods and services and avoidance of wasteful and unsightly competition in
signs.
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C. Attract and direct persons to various activities and enterprises, in order to provide for public convenience.
D. Provide a reasonable system of sign control throughout the city.
E. Encourage signs which are well designed and pleasing in appearance and to provide incentive and latitude
for variety, good design relationship and spacing.
F. Encourage a desirable urban character.
G. Enhance the economic value of the community and each area thereof through the reasonable regulation of
such things as type, number, area, height, location and illumination of signs.
H. Encourage signs which are harmonious with adjacent land uses and to encourage architectural
compatibility.
I. Reduce possible traffic and safety hazards through good signing.
J. Provide a reasonable amortization period for the removal of nonconforming signs.
K. Implement the objectives, policies and programs of the general plan. (Ord. 3586 § 2, 1994)
17.60.020 Permits.
A. Permit Required. No sign shall be painted, placed, pasted, posted, printed, tacked, fastened, constructed,
erected, re-erected, installed, altered or otherwise permitted or maintained without first obtaining a permit from
the building director in accordance with the requirements of this chapter and Chapter 15.36 of this code.
B. Permit Not Required. Regardless of subsection A of this section, permits from the building director are not
required for the following signs:
1. Real estate sales, rent, lease or open house; construction/home improvement, future facility use or
tenant signs, and agricultural signs not exceeding sixteen square feet in area and six feet in height, placed
on the property subject to such sign;
2. Changing of the advertising copy or message on a theater marquee, readerboard, menuboard, or
similar such sign;
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3. Repainting or cleaning of an outdoor advertising structure or changing the advertising copy or
message thereon shall not be considered an erection or alteration which requires a sign permit unless a
structural change is made;
4. Nonilluminated promotional window sign as regulated by the zone district in which it is located;
5. Garage/yard sale and estate sale signs, pursuant to the requirements of Section 17.60.060(B);
6. Noncommercial signs, pursuant to the requirements of Section 17.60.070(C);
7. Flags for model homes as regulated in the residential districts;
8. Nameplate, as regulated;
9. Signs that are exempt as specified in Section 17.60.080;
10. Nonprofit special event signs subject to the provisions of Section 17.60.070(B);
11. Pole banners, pennants/streamers in compliance with the provisions of Sections 17.60.060(B)(4)
and (5) .
C. Other Actions. Uses permitted under conditional use permits, wall and landscape plans, zone changes,
specific plans, and other such projects may include signage as part of and in accordance with the permit or
project. The planning commission or city council may approve, deny, limit or grant modifications to such
signage consistent with the provisions of this chapter. If a comprehensive sign plan is required as a condition
of approval for such project, a separate application for said plan shall be required pursuant to Section
17.60.030.
D. Exceptions. The building director may, in writing, grant exceptions to the following sign regulations
provided it has been determined that strict application of the provisions of this chapter places an unnecessary
hardship in satisfying the purposes of this chapter:
1. Reduction of the minimum sign setbacks or minimum distance between signs of not more than ten
feet;
2. Signage on properties having no street frontage; provided, that any such sign permitted shall not
exceed the regulations as delineated by the zone district in which they are located;
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3. Additional on-site residential project identification signs, not to exceed two additional per project, or
an increase in sign area of one residential identification project sign to sixty-four square feet;
4. An increase of a monument sign located within a commercial or industrial zone district to sixty square
feet in area and twelve feet in height, provided the total number of monument signs per street frontage
shall not exceed two signs and no pylon sign exists along that street frontage or will be permitted.
E. Modification of Regulations Not Permitted. Signs shall only be permitted provided they meet the
regulations of the zone district in which they are located for that type of sign. With the exception of subsection
D of this section or Section 17.60.030 regarding comprehensive sign plans, no waivers of, exceptions to, or
modification of any regulation of this chapter shall be permitted.
F. Fees. The city may impose fees to offset the costs associated with permit administration and monitoring
pursuant to Chapter 3.70 of this code. (Ord. 5020 § 22, 2020; Ord. 4953 § 2, 2018; Ord. 4712 § 1, 2012; Ord. 3870 §§ 1, 2,
1998; Ord. 3755 § 4, 1997; Ord. 3586 § 2, 1994)
17.60.030 Comprehensive sign plans.
The comprehensive sign plan is a program that may allow developers or business owners of a
shopping/business center or other such project to request special consideration of signs that are specifically
integrated into the overall architectural style or theme for that project. Because signage can play an important
role in the overall site design in order to set it apart from other similar projects, a comprehensive sign plan can
create an effect both desired and unique that will enhance the overall environment of the development.
However, it is not the intent of this section to be used to request relief of the sign regulations in order to
circumvent any requirements or purpose of this chapter.
A. General Requirements. Any person may file with the city a comprehensive sign plan application for only
the following projects:
1. Shopping/business center developments as defined in this title, including office and industrial
complexes. The application for the plan shall be signed by more than fifty percent of the property owners,
not including royalty interests, of the real property constituting the center.
2. PCD (planned commercial development) projects.
3. Areas covered by a specific plan where signage was not identified in said plan.
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4. Public and semi-public institutional projects.
5. Neighborhood/subdivision identification sign program. This program is limited to developments of
one hundred acres or more that have frontage along an arterial and/or collector street of one-half mile or
more.
B. Condition of Project Approval. Comprehensive sign plans may be required by the city council or planning
commission as part of any project approval as specified in Section 17.60.020(C).
C. Application Information. Any comprehensive sign plan application shall be submitted to the planning
department on a form provided by that department. Information submitted shall include, but is not limited to,
location, size, height, color, lighting, number, visual effects, and orientation of all proposed and existing signs
as they pertain to the comprehensive sign plan.
D. Authority and Review. The planning commission shall have the authority under the conditions provided in
this chapter to permit the utilization of comprehensive sign plans and may approve signs that are more or less
restrictive than the sign regulations set forth in this chapter.
1. All comprehensive sign plan requests shall be heard by the planning commission at a public hearing.
The applicant, their authorized agent, property owners and operators of the businesses affected shall be
notified by mail of the time and place of the hearing before the planning commission at least ten days
before hearing.
2. Exceptions to the sign regulations in this chapter may be permitted, provided the planning
commission finds that the comprehensive sign plan as a whole is in conformity with the purpose of this
chapter and such exceptions are for the general welfare resulting in an improved relationship among the
various signs, building facades, or overall project covered by the plan.
3. The planning commission may require special conditions on approved plans such as, but not limited
to, bonds or other type of security to ensure the removal or abatement of signs that are abandoned or are
in violation of any condition of an approved plan, or a time schedule for any sign program where signage
is not considered permanent.
4. The planning commission shall either approve, conditionally approve or disapprove the
comprehensive sign plan at the public hearing. All decisions by the planning commission are final and
conclusive.
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5. An approved comprehensive sign plan may be changed or modified subject to the same process as a
new application.
6. Where an application for a comprehensive sign plan has been denied by the planning commission, no
reapplication or new application for the same or nearly the same such plan on the property shall be
considered for a period of one year from the date of the decision. However, where a change has occurred
which, in the discretion of the planning commission, indicates that the new application is significantly
different and that reconsideration would serve the public interest, this time period may be waived
provided the planning commission makes such a finding.
7. The planning director may grant minor changes to an approved comprehensive sign plan provided any
such change does not alter the overall architectural design or style of signs approved by such plan, and
there is no increase in the total area of signs.
E. Future Signs. A comprehensive sign plan may be approved where signs for satellite pads or other such
detached future buildings have not been identified and considered under such approved plan. In these
instances, unless otherwise conditioned, such future signs shall be subject to the requirements of the C-1 zone
district.
F. Existing Signs as Part of a Comprehensive Sign Plan. If any new or amended comprehensive sign plan is
filed for property on which existing signs are located, those signs shall be integrated into the plan and shall be
in compliance with that plan prior to issuance of a permit for any new sign permitted under said plan.
G. Permits Prohibited Until Decision Rendered. No permit shall be issued for any sign on property where a
comprehensive sign plan has been applied for and is pending a decision from the planning commission.
H. Withdrawal of Plan. An approved comprehensive sign plan may be withdrawn by the applicant provided:
(1) it is not required as a condition of project approval; (2) no signs have been installed pursuant to such plan;
(3) all signs installed since approval of said plan comply with the requirements of the zone district in which
they are located; or (4) all signs in the center or project comply with the provisions of the zone district in which
they are located. The withdrawal shall be submitted in writing to the planning department.
I. Binding Effect. After approval of a comprehensive sign plan, no signs shall be erected, placed, painted,
installed, or otherwise permitted, except in conformance with said plan. The plan shall be enforced in the same
manner as any other provision in this chapter. The comprehensive sign plan shall be attached to the lease
agreements or sale of space within the project and becomes binding for the entire site for both existing and
future owners/tenants. In case of any conflict between the provisions of the plan and this chapter, the approved
plan shall control. (Ord. 5020 § 23, 2020; Ord. 4729 § 2, 2013; Ord. 4489 § 2, 2008; Ord. 3586 § 2, 1994)
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17.60.040 Sign area computations.
The following criteria shall control the computation of sign area and sign height:
A. Area of Individual Signs (Single Face). The area of a sign face, which is also the area of a wall sign or
other sign with only one face, shall be computed by means of the smallest measurable polygon that will
encompass the extreme limits of the writing, representation, emblem, color, logo, or other display, together
with any material or color forming an integral part of the background of the display, or used to differentiate the
sign from the background or structure against which it is placed. If a sign is composed of individual letters or
symbols with no added decoration, the total sign area shall be calculated by measuring the area of each
individual letter and/or symbol; the combined areas shall be the total sign area.
B. Area of Multifaced Signs. The sign area for a sign with more than one face shall be computed by adding
together the area of a single sign face pursuant to subsection A of this section. When sign faces are placed back
to back or in a way that only one face can be viewed from any point, and when such sign faces are part of the
same structure and are not more than two feet apart, the total sign area shall be computed by measuring one of
the faces if they are all of equal area or the largest face if they are of unequal area.
C. Structural Support Area. The area of a sign does not include any supporting framework, bracing or other
support, whether or not it has been architecturally treated, provided said support does not exceed twenty-five
percent of the allowable sign area for a pylon sign, and fifty percent of the allowable sign area for a monument
sign. If the support area exceeds these percentages, any excess shall be computed as part of the total sign area.
D. Sign Height. The height of a sign shall be computed as the distance from the base of the sign including any
of its structural support, at grade as defined in this title, to the top of the highest component of the sign. (Ord.
3586 § 2, 1994)
17.60.050 Sign location restrictions.
A. Signs shall not be placed on any curb, sidewalk, post, pole, light standard, hydrant, bridge, tree or other
surface located on public property, and shall not be located within, over or across any public right-of-way or
public parkway including street median islands, except as may otherwise be authorized by this chapter. These
restrictions do not apply to signs by a public agency that identify public facilities; such signs shall be subject to
the zone district in which the facility is located. Any such sign hereby prohibited constitutes a nuisance, and
shall not become a legal nonconforming sign.
B. Signs shall not be permitted near the intersection of any street, pedestrian crosswalks, alley or any vehicle
access in such a manner as to obstruct free and clear vision of motor vehicle operators, or at any location where
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by reason of its position, shape, illumination or color, it may interfere with or be confused with any authorized
sign, signal or device, or which makes use of a work, symbol, phrase illumination, shape or color in such a
manner as to interfere with, mislead or confuse traffic. Any such sign constitutes a nuisance and shall not
become a legal nonconforming sign.
C. Permanent freestanding signs, except monument and directional signs, shall be prohibited in the following
areas:
1. The Truxtun Avenue corridor between the west right-of way line of State Highway 99 and the east
right-of-way line of Coffee Road, a width of five hundred feet from the right-of-way of Truxtun Avenue
or between the north right-of-way line of the Cross Valley Canal and the south right-of-way line of the
Carrier Canal/Santa Fe Railroad, whichever distance is greater;
2. Along or within one thousand feet of the right-of-way of State Highway 178 east of Oswell Street,
commencing at a point five hundred feet east of the centerline of Oswell Street;
3. Along or within one thousand feet of the right-of-way of Alfred Harrell Highway;
4. Along or within one thousand feet of the right-of-way of Stockdale Highway west of the Arvin-
Edison canal;
5. Along or within one thousand feet of the right-of-way of Panorama Drive;
6. Along or within one thousand feet of the right-of-way of the Westside Parkway from State Highway
99 to its western terminus.
A map delineating these corridors prohibiting freestanding signs is shown at the end of this chapter. (Ord. 4729
§ 3, 2013; Ord. 4489 § 3, 2008; Ord. 3870 § 3, 1998; Ord. 3586 § 2, 1994)
17.60.060 Sign development standards.
A. General Regulations. The following provisions shall apply to all signs unless otherwise stated in this
chapter:
1. Signs or their supporting members shall not be erected, altered, relocated, or maintained so as to
interfere with or restrict access to a window or other opening in a building in such manner as to limit air
circulation or obstruct or interfere with the free use of a fire escape, exit, standpipe, stairway, door,
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ventilator or window, or similar opening. Any such sign constitutes a nuisance and shall not become a
legal nonconforming sign.
2. All signs shall be constructed, installed and maintained to structurally comply with all applicable
requirements of the Building Code and Uniform Sign Code, as adopted and amended by the city. Those
signs incorporating electrical components shall be constructed and maintained to also comply with the
Electrical Code as adopted by the city.
3. Where signs are permitted to be illuminated, the following regulations shall apply:
a. Floodlighting is permitted only when such lighting is installed on private property or property
maintained by a maintenance district, and is hooded or shielded so that the light source is not a
nuisance or detrimental to persons viewing such area, nor affect or interfere with vehicular traffic,
pedestrians, or adjacent properties in any manner.
b. Outlining of a building by means of exposed neon tubing is permitted only where the amperage
does not exceed thirty milliamperes. Outlining of a building by means of exposed incandescent
lighting is permitted if the wattage does not exceed forty watts per bulb and the units of lights
forming the line marking the outer limits or edges of a building, or window or roof of a building, are
at least two feet apart.
c. Exposed bulbs forming a part of a sign are permitted, provided they do not exceed fifteen watts
per bulb; signs in the C-2, C-C, C-B, M-1, M-2 and M-3 zone districts may be allowed up to forty
watts per bulb. Neon signs shall not exceed thirty milliamperes. Bulbs providing indirect lighting not
visible from off the premises of the sign are not subject to this subsection. Exposed reflector-type
lamps forming part of a sign or used to illuminate a sign are prohibited in all instances.
d. Flashing signs are only permitted in the C-2, C-C, C-B, M-1, M-2 and M-3 zone districts and
shall not exceed a total of sixty milliamperes for neon signs, and ten watts for incandescent signs.
e. Signs that contain changeable copy produced by light emitting diodes (LEDs), incandescent or
low voltage lamps or bulbs, cathode ray tubes (CRTs), plasma, or other such lighting devices, shall
include automatic brightness compensation features to adjust brightness to compensate for sun angle
and ambient light conditions, and ensure that the sign is visible but not excessively bright to
adversely affect motorists or nearby residents.
4. Placards or posters advertising special community events are permitted as window signs or on public
bulletin boards.
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5. Public service signs may contain or include trade or professional name identification and logo only.
6. Theater marquee signs are permitted pursuant to the regulations of the Uniform Sign Code as adopted
and amended by Chapter 15.36 of this code.
7. Permitted signs for a particular street frontage of a parcel may not be combined with that allowed for
another street frontage for the purpose of placing the combined area of signs on one street frontage.
8. Any commercial sign which does not identify or advertise the occupant of a building, lot or premises,
or relate to any merchandise or to any business or other activity available or being conducted at the
building, lot or premises where the sign is located, except outdoor advertising signs and subdivision
directional signs, is prohibited; however, in each instance and under the same conditions under which this
chapter permits a sign, a sign containing copy with ideological, political, or other noncommercial message
and constructed subject to the standards of the zone district in which it is located shall be permitted.
9. Persons owning or controlling any sign shall keep such sign, together with all supports, braces, guys
and anchors in good repair and in proper state of preservation at all times. Signs shall be fully operational
and present a satisfactory appearance in regard to painting, cleaning, broken faces, electrical outages,
landscaping, or anything deemed related to the appearance of the sign.
10. Any sign structure, can, supports, anchors or other related component of a sign that will not be
utilized due to new signs being permitted shall be removed prior to any new sign being installed.
B. Regulations by Zone District—Sign Matrix. The following tables identify the signs permitted in each zone
district. In addition to the following regulations, all signs shall be in compliance with all other provisions of
this chapter:
1. Signs permitted in the residential and agricultural/open space zone districts (R, E, A, OS, MH, TT,
FP-P, DI zones):
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 303 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks a. Nameplate Wall or door 1 per residence 1 sq. ft. Below roofline Yes a. Shall be on premises. b. Sign shall be attached to and parallel with the front wall or front door. Shall identify only the name and/or street address of the occupant. b. Apartment ID (over 4 units) Wall or monument 1 per street frontage 32 sq. ft. each 20 ft. for wall sign and 6 ft. for monument sign Note: Wall signs may exceed the height max. if building is 3 or more stories per skyline sign standards. Yes Setbacks: - 10 ft. from interior property lines - 0 ft. from street rights-of-way a. Copy limited to project name and address only. b. Signs shall not be internally lighted. c. Building wall sign shall not exceed a horizontal length greater than 70% of the linear frontage elevation that sign is placed. d. If skyline signs are utilized, such signs as well as all other wall signs shall be subject to Section 17.60.070(F). c. Neighborhood Subdivision ID (includes parks) Subdivision wall or monument 2 per major entrance not to exceed signs at 2 entrances 32 sq. ft. each 6 ft. Yes Signs shall be located at the entrances where arterial and/or collector streets intersect with local streets into the development. a. Copy limited to project/neighborhood name only; use of developer/subdivider name or logo, or commercial advertising is prohibited.
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 304 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks b. City parks div. shall approve of all material used in the sign to assure continued maintenance. d. Temporary Signs i. Residential Project ID (on-site) Freestanding 2 per subdivision (multiple phases of a tract shall be considered a single subdivision) 32 sq. ft. 12 ft. No Shall be within the subdivision or project. Signs shall be prohibited on lots developed with residences. a. Limited to new projects only. b. Copy may include direction to model homes/sales office, the developer/builder’s name, logo, prices, and any other information related to home sales. c. All signs shall be removed within 30 days after the initial sale/rent of the last unit in the project/subdivision tract, or 2 years after recordation of the final map, whichever occurs first. The director may grant up to 2 time extensions not to exceed 1 year each if necessary to complete all sales. ii. Residential Sub/Project Directional (off-site) See Section 17.60.070(A).
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 305 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks iii. Real Estate (sales, rent, lease) Freestanding 1 per parcel 6 sq. ft. 6 ft. No a. Shall be on premises being sold, rented or leased. b. -10 ft. from interior property lines. - 0 ft. from street rights-of-way. a. Copy shall pertain to advertise the sale, rent or lease and not for the purpose of commercial advertising of a business. b. Signs shall be removed within 10 days after the sale, lease or exchange has been completed. iv. Real Estate (open house) Freestanding 6 per residence (1 on-site, 5 off-site directional) 3 sq. ft. 6 ft. No Off-site directional signs shall not be located more than 1 mile from the open house. a. The maximum duration of the use of these signs shall not exceed 3 consecutive days each week. b. Use of A-frame signs is permitted provided they are not located in the public-right-of-way or maintained parkway/landscape area. c. Balloons, pennants, streamers and banners may be used in conjunction with on-site signs but not off-site signs. v. Garage, Yard and Estate Sales Freestanding 2 per residence (1 on-site, 1 off-site) 3 sq. ft. 6 ft. No Off-site sign shall not be placed within right-of-way and shall not be affixed in any manner to any utility pole, street sign, fence, etc. a. No property shall be allowed signage for more than 2 sales per calendar year. b. The maximum duration of the use of these signs shall not exceed 3 consecutive days.
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 306 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks c. Balloons, pennants, streamers and banners may be used in conjunction with on-site signs but not off-site signs. vi. Construction/Home Improvement Freestanding 1 per project or residence 4 sq. ft. 6 ft. No a. Shall be on premises. b. Shall be set back 10 ft. from all property lines. a. Copy limited to type of construction occurring on site and name of company including logo. b. Sign shall be removed within 10 days after completion of project. vii. Future Use Freestanding 1 per undeveloped parcel 32 sq. ft. 12 ft. No a. Shall be on premises. b. Shall be set back 10 ft. from all property lines. a. Copy limited to identify future use consistent with existing zoning and may include ownership ID. b. Sign shall be removed upon initial occupancy of site or building. viii. Model Home/Tract Sales Office Freestanding and flags Signs: 1 per sales office 1 per model home Flags: Sales office: 24 sq. ft. Model home: 8 sq. ft. Flag: 15 sq. ft. Sales office: 8 ft. Model home: 4 ft. Flag: No Signs for sales office and model homes shall be located on the lot containing said office or model. Flags may be located anywhere on the project site where the new homes are being constructed for appropriate identification of the project, model homes or a. Limited to new projects only. b. Copy limited to name of development and/or company name/logo. c. All flags shall be removed within 30 days after the initial sale of the last unit in the project/subdivision tract, or 2 years after recordation of the final map, whichever occurs first. The director may grant up to 2 time
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 307 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks 20 per subdivision 25 ft. (pole height) sales office, provided they are not located within any street right-of-way or public parkway. Flags shall be prohibited on developed lots with occupied residences or lots not owned by the builder/developer advertising on said signs. extensions not to exceed 1 year each if such flags are necessary to complete all sales. d. Signs shall be removed when model home is sold, sales office closed, or per subsection c above, whichever occurs first. e. Special event permits are not required for balloons (as limited per Section 17.60.070(B)(3)) or banners 6 ft. or less in height if only used on Saturdays and Sundays. ix. Special Event See Section 17.60.070(B). x. Noncommercial See Section 17.60.070(C). e. Agricultural Products Freestanding 1 per parcel 32 sq. ft. 8 ft. No a. Shall be on premises b. Shall be set back 10 ft. from property lines, except those fronting public streets where no setback is required. a. Copy limited to products produced on the property or agricultural related affiliation, and may also include name of owner. b. Sign is only permitted in the A and R-S zone districts. f. Churches Religious institutions and Schools Uses are subject to the CH (church) combining zone sign standards pursuant to Section 17.60.060(B)(6)(c).
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
2. Signs permitted in the C-O (professional and administrative office) zone district:
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 309 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks a. Residential Uses Subject to the residential sign standards pursuant to Section 17.60.060(B)(1). b. Business ID Wall No limit; total combined area of all signage shall not exceed the maximum area per elevation. Street elevations: 1 sq. ft. per linear foot of the business’s elevation sign is located or 100 sq. ft., whichever is less. Non-street elevations: 0.5 sq. ft. per linear foot of the business’s elevation sign is located or 30 ft. Note: Wall signs may exceed the height maximum if building is 3 or more stories per skyline sign standards. Yes Sign shall not project above roofline of building. a. Each business shall be entitled a minimum of 16 sq. ft. of wall signage per elevation. b. Sign shall not exceed a horizontal length greater than 70% of the linear business frontage. c. If skyline building signs are proposed, such signs as well as all other wall signs shall be subject to Section 17.60.070(F).
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 310 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks 32 sq. ft., whichever is less. Pylon or monument 4 per street frontage (see Remarks for additional monument signs) 32 sq. ft. each 8 ft. Yes a. Setbacks - 25 ft. from interior property lines (not part of a center). - 0 ft. from street rights-of-way. b. Minimum 50 ft. between signs. c. 100 ft. from existing outdoor advertising structures. a. Business or center is limited to use of either pylon or monument. b. Business or center name is limited to being listed on only one sign per street frontage. c. If center name incorporates the name of an on-site business in any form, said name shall not be allowed on other sign per item b. d. One additional sign per street frontage is permitted that only identifies the center. e. Centers with over 500 ft. of street frontage are allowed 1 additional monument sign, then 1 for each 200 ft. of additional frontage along that street. Window 1 per street frontage 8 sq. ft. Below 2nd floor or 15 ft., whichever is less. Yes Ground floor windows only. Area limitation and location does not apply to customary noncommercial holiday decorations maintained pursuant to Section 17.60.080(R).
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 311 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks Shingle 1 per elevation 6 sq. ft. 7 ft. min. ground clearance Yes Shall be at entrance(s) utilized by the public during business hours. Sign shall be oriented for sidewalk pedestrian traffic perpendicular to the store front. Nameplate (wall or door) 1 per loading entrance 2 sq. ft. each 6 ft. No Adjacent to or on door of loading entrance of each tenant. a. Copy shall be limited to business/tenant name. b. Sign is limited to loading entrance only, not public entrance. c. Building ID (multiple buildings on site) Wall 2 per building 10 sq. ft. each 10 ft. Yes Wall only a. Illumination shall be indirect or backlit; internal lighting is prohibited. b. Copy shall pertain only to the name of the building to assist in providing direction to the public, commercial name/advertising copy is prohibited. d. Temporary Signs i. Real Estate Freestanding, wall or window 1 per saleable or leasable space 32 sq. ft. 12 ft. No a. Shall be on premises being sold, rented or leased. b. Shall be set back 10 ft. from all property lines. a. Copy shall pertain to advertise the sale, rent or lease and not for the purpose of commercial advertising of a business. b. Signs shall be removed within 10 days after the sale, lease or exchange has been completed.
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 312 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks ii. Construction Freestanding 1 per project facing street 32 sq. ft. 12 ft. No a. Shall be on premises. b. Shall be set back 10 ft. from property lines. a. Copy limited to type of construction occurring on site and name of company including logo. b. Sign shall be removed within 10 days after completion of project. iii. Future Facility, Use or Tenant Freestanding, wall or window 1 per street frontage 32 sq. ft. 12 ft. No a. Shall be on premises. b. Shall be set back 10 ft. from property lines. a. Copy limited to identify future use consistent with zoning, or future occupancy and may include ownership identification. b. Sign shall be removed upon occupancy of building or site. iv. Promotional Window Allowed on up to 3 building elevations 40% of window area per building elevation Below 2nd floor or 10 ft., whichever is less. Yes Ground floor windows only. a. Copy limited to promoting merchandise, services, sales, etc., of business activity. Business identification is prohibited except as permitted under (2)(b). b. Area limitation does not include business identification under (2)(b). c. Area limitation and location does not apply to customary noncommercial holiday decorations maintained for a reasonable time during a holiday season.
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 313 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks Pole banners 4 per light pole (2 on each side of pole, back to back) 30 in. wide x 96 in. tall (each) Cannot extend above the top of the light pole. Yes Only allowed on permanent on-site light poles. a. Copy limited to promoting merchandise, services, sales, etc., of business activity. Business name/logo is limited to a maximum of 25% of the banner area. v. Special Event See Section 17.60.070(B). vi. Noncommercial See Section 17.60.070(C).
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
3. Signs permitted in the C-1 (neighborhood commercial) zone district:
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 315 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks a. Residential Uses Subject to residential sign standards pursuant to Section 17.60.060(B)(1) b. Business ID Wall No limit; total combined area of all signage shall not exceed the maximum area per elevation. Street elevations: 1 sq. ft. per linear foot of the business’ elevation sign is located or 150 sq. ft., whichever is less. Non-street elevations: 0.5 sq. ft. per linear foot of the business’ elevation sign is located or 75 sq. ft., 30 ft. Note: Wall signs may exceed the height maximum if building is more than 3 stories per skyline sign standards. Yes Sign shall not project above roofline of building. a. Each business shall be entitled a minimum of 16 sq. ft. of wall signage per elevation. b. Sign shall not exceed a horizontal length greater than 70% of the linear business frontage. c. If skyline building signs are proposed, such signs as well as all other wall signs shall be subject to Section 17.60.070(F).
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 316 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks whichever is less. Pylon or monument Pylon: 1 per street frontage Monument: 4 per street frontage (see Remarks for additional signs) Pylon: 150 sq. ft. Monument: 32 sq. ft. each. Pylon: 25 ft. Monument: 8 ft. Yes a. Setbacks: - 25 ft. from interior property lines (not part of a center) - 0 ft. from street rights-of-way. b. Minimum 50 ft. between signs. c. 100 ft. from existing outdoor advertising structures. a. Business is limited to either pylon or monument signs; however if center identification is provided on a pylon then monuments are permitted. b. Business or center name is limited to being on only 1 sign per street frontage. c. Pylon sign that does not have a minimum clearance of 8 ft. from the ground to the bottom of the sign face shall not exceed the maximum height and area of a monument sign. d. If the center name incorporates the name of an on-site business in any form or variation, said business shall not be allowed on other signs per item b. e. See Section 17.60.070(D) for pylon sign requirements if proposed as a freeway oriented sign. f. Centers with over 500 ft. of street frontage are allowed 1 additional monument sign, then 1 for each 200 ft. of additional frontage.
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 317 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks g. Centers with over 1,000 ft. of street frontage are allowed 1 additional pylon sign along that street; a minimum of 300 ft. shall be maintained between pylon signs. Window 1 per street frontage 8 sq. ft. Below 2nd floor or 10 ft., whichever is less Yes Ground floor windows only. Area limitation and location does not apply to customary noncommercial holiday decoration maintained pursuant to Section 17.60.080(R). Readerboard/ menuboard (wall or freestanding) 2 per business 32 sq. ft. each 12 ft. Yes a. Shall not be portable. b. Shall not be placed or maintained upon any sidewalk area. c. Minimum 1 ft. between signs. Copy limited to indicating prices, merchandise, or services offered; official public services provided on premises; credit cards honored; directions to customers; and like matters. Use of streamers, pennants and banners are prohibited. Shingle 1 per elevation 6 sq. ft. 7 ft. min. ground clearance Yes Shall be at entrance(s) utilized by public during business hours. Sign shall be oriented for sidewalk pedestrian traffic perpendicular to the store front. Nameplate (wall or door) 1 per loading entrance 2 sq. ft. each 6 ft. No Adjacent to or on door of loading entrance of each tenant. a. Copy shall be limited to business/tenant name.
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 318 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks b. Sign is limited to loading entrance only that is not the business’ public entrance. c. Building ID (multiple buildings on site) Wall 1 per building 10 sq. ft. 10 ft. Yes Wall only. a. Illumination shall be indirect or backlit; internal lighting is prohibited. b. Copy shall pertain only to the name of the building to assist in providing direction to the public, commercial name/advertising copy is prohibited. d. Temporary Signs i. Real Estate Freestanding, wall or window 1 per saleable or leasable space 32 sq. ft. 12 ft. No a. Shall be on premises being sold, rented or leased. b. Shall be set back 10 ft. from all property lines. a. Copy shall pertain to advertise the sale, rent or lease and not for the purpose of commercial advertising of a business. b. Signs shall be removed within 10 days after the sale, lease or exchange has been completed. ii. Construction Freestanding 1 per project facing street 32 sq. ft. 12 ft. No a. Shall be on premises. b. Sign shall be set back 10 ft. from property lines. a. Copy limited to type of construction occurring on site and name of company including logo. b. Sign shall be removed within 10 days after completion of project.
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 319 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks iii. Future Facility, Use or Tenant Freestanding, wall or window 1 per street frontage 32 sq. ft. 12 ft. No a. Shall be on premises. b. Sign shall be set back 10 ft. from property lines. a. Copy limited to identify future use consistent with zoning, or future occupancy and may include ownership identification. b. Sign shall be removed upon occupancy of building or site. iv. Promotional Window Allowed on up to 3 building elevations 40% of window area per building elevation Below 2nd floor or 10 ft., whichever is less. Yes Ground floor windows only. a. Copy limited to promoting merchandise, services, sales, etc., of business activity. Business identification is prohibited except as permitted under (3)(b). b. Area limitation does not include business identification under (3)(b). c. Area limitation and location does not apply to customary noncommercial holiday decorations maintained pursuant to Section 17.60.080(R). Pole banners 4 per light pole (2 on each side of pole, back to back) 30 in. wide x 96 in. tall (each) Cannot extend above the top of the light pole. Yes Only allowed on permanent on-site light poles. a. Copy limited to promoting merchandise, services, sales, etc., of business activity. Business name/logo is limited to a maximum of 25% of the banner area. v. Special Event See Section 17.60.070(B).
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 320 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks vi. Noncommercial See Section 17.60.070(C).
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4. Signs permitted in the C-2 (regional commercial) and manufacturing (M-1, M-2, M-3) zone districts:
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 322 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks a. Residential Uses Subject to the residential sign standards pursuant to Section 17.60.060(B)(1). b. Business ID Wall No limit; total combined area of all signage shall not exceed the maximum area per elevation. Street elevations: 2 sq. ft. per linear foot of the business’ elevation sign is located or 250 sq. ft., whichever is less. Non-street elevations: 1 sq. ft. per linear foot of the business’ elevation sign is located or 125 sq. ft., 30 ft. Note: Wall signs may exceed the height maximum if building is more than 3 stories per skyline sign standards. Yes Signs shall not project above roofline of building. a. Each business shall be entitled a minimum of 16 sq. ft. of wall signage per elevation. b. Sign shall not exceed a horizontal length greater than 70% of the linear business frontage. c. If skyline building signs are proposed, such signs as well as all other wall signs shall be subject to Section 17.60.070(F).
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 323 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks whichever is less. Pylon or monument Pylon: 1 per street frontage if pylon; Monument: 4 per street frontage if monument. (see Remarks for additional signs) Pylon: 250 sq. ft. Monument: 32 sq. ft. each. Pylon 35 ft. Monument 8 ft. Yes a. Setbacks: - 25 ft. from interior property lines (not part of a center). - 0 ft. from street rights-of-way. b. Minimum 50 ft. between signs. c. 100 ft. from existing outdoor advertising structures. a. Business is limited to either pylon or monument signs; however if center identification is provided on a pylon then monuments are permitted. b. Business or center name is limited to being on only 1 sign per street frontage. c. Pylon sign that does not have a minimum clearance of 8 ft. from the ground to the bottom of the sign face shall not exceed the maximum height and area of a monument sign. d. If the center name incorporates the name of an on-site business in any form or variation, said business shall not be allowed on other signs per item b. e. See Section 17.60.070(D) for pylon sign requirements if proposed as a freeway oriented sign. f. Centers with over 500 ft. of street frontage are allowed 1 additional monument sign,
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 324 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks then 1 for each 200 ft. of additional frontage along that street. g. Centers with over 1,000 ft. of street frontage are allowed 1 additional pylon sign along that street; a minimum of 300 ft. shall be maintained between pylon signs. Window 1 per street frontage 8 sq. ft. Below 2nd floor or 10 ft., whichever is less. Yes Ground floor windows only. Area limitation and location does not apply to customary noncommercial holiday decorations maintained pursuant to Section 17.60.080(R). Readerboard/menuboard (wall or freestanding) 2 per business 32 sq. ft. each 12 ft. Yes a. Shall not be portable. b. Shall not be placed or maintained upon any sidewalk area. c. Minimum 1 ft. between signs. Copy limited to indicating prices, merchandise, or services offered; official public services provided on-premises; credit cards honored; directions to customers; and like matters. Use of streamers, pennants and banners are prohibited. Shingle 1 per elevation 6 sq. ft. 7 ft. min. ground clearance. Yes Shall be at entrance(s) utilized by public during business hours. Sign shall be oriented for sidewalk pedestrian traffic perpendicular to the store front.
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 325 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks Nameplate (wall or door) 1 per loading entrance 2 sq. ft. each 6 ft. No Adjacent to or on door of loading entrance of each tenant. a. Copy shall be limited to business/tenant name. b. Sign is limited to loading entrance only that is not the business’ public entrance. c. Building ID (multiple buildings on site) Wall 2 per building 10 sq. ft. 10 ft. Yes Wall only a. Illumination shall be indirect or backlit; internal lighting is prohibited. b. Copy shall pertain only to the name of the building to assist in providing direction to the public, commercial name/advertising copy is prohibited. c. See Section 17.60.070(F) if building ID sign is proposed as a skyline building sign. d. Temporary Signs i. Real Estate Freestanding, wall or window 1 per saleable or leasable space 32 sq. ft. 12 ft. No a. Shall be on premises being sold, rented or leased. b. Shall be set back 10 ft. from all property lines. a. Copy shall pertain to advertise the sale, rent or lease and not for the purpose of commercial advertising of a business. b. Signs shall be removed within 10 days after the sale, lease or exchange has been completed.
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 326 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks ii. Construction Freestanding 1 per project facing street 32 sq. ft. 12 ft. No a. Shall be on premises b. Sign shall be set back 10 ft. from property lines. a. Copy limited to type of construction occurring on site and name of company including logo. b. Sign shall be removed within 10 days after completion of project. iii. Future Facility, Use or Tenant Freestanding, wall or window 1 per street frontage 32 sq. ft. 12 ft. No a. Shall be on premises b. Sign shall be set back 10 ft. from property lines. a. Copy limited to identify future use consistent with zoning, or future occupancy and may include ownership identification. b. Sign shall be removed upon occupancy of building or site. iv. Promotional Window Allowed on up to 3 building elevations 40% of window area per building elevation Below 2nd floor or 10 ft., whichever is less Yes Ground floor windows only. a. Copy limited to promoting merchandise, services, sales, etc., of business activity. Business identification is prohibited except as permitted under (4)(b). b. Area limitation does not include business identification except as permitted under (4)(b). c. Area limitation and location does not apply to customary noncommercial holiday decorations maintained pursuant to Section 17.60.080(R).
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 327 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks Pole banners 4 per light pole (2 on each side of pole, back-to-back) 30 in. wide x 96 in. tall (each) Cannot extend above the top of the light pole. Yes Only allowed on permanent on-site light poles. a. Copy limited to promoting merchandise, services, sales, etc., of business activity. Business name/logo is limited to a maximum of 25% of the banner area. Pennants/streamers 2 strands Each strand cannot exceed a height of 18 in. Cannot extend above the roof of a building or top of the light pole. No May only be placed around the perimeter of the area approved for outdoor sales. Text or copy is prohibited. Pennants/streamers may include single or multiple colors, metallic hulas, and flags. v. Special Event See Section 17.60.070(B). vi. Noncommercial See Section 17.60.070(C). e. Outdoor Advertising (billboard) See Section 17.60.070(E).
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5. Signs permitted in the C-B (central business) and C-C (commercial center) zone districts shall be
subject to the C-2 sign standards pursuant to Section 17.60.060(B)(4), except as follows:
a. Agricultural uses permitted by the planning director under Section 17.26.011(B) shall be subject
to the residential and agriculture/open space sign standards pursuant to Section 17.60.060(B)(1).
6. Signs permitted where there are overlay or combination zones (P, CH, HOSP, AD, AA, FP-S, SC, PE)
shall be subject to the sign standards of the underlying zone district unless otherwise permitted as follows:
a. Signs within the FP-S (floodplain secondary) zone where it is not used as an overlay or
combining zone shall be subject to the residential sign standards pursuant to Section
17.60.060(B)(1).
b. Signs within the P (automobile parking) zone where it is not used as an overlay or combining
zone shall be subject to the same standards which are applicable to the adjacent zone where the
parking use is incidental to and intended to serve the use in such adjacent zone.
c. Religious institutions. Within the CH (church) combining zone, churches, sanctuaries and
Sunday schools shall, iIn addition to that permitted by the residential sign standards pursuant to
Section 17.60.060(B)(1), shall be allowed one illuminated or nonilluminated monument sign for
each street frontage not to exceed an area of thirty-two square feet and a height of eight feet; and one
nonilluminated wall sign for each street frontage not to exceed an area of thirty-two square feet and a
height of twenty feet. Monument signs shall be set back twenty-five feet from all adjacent property
lines. There shall be no setback of any sign from property lines fronting a public street.
d. Within the HOSP (hospital) zone, hospitals, sanitariums, rest homes, convalescent homes,
maternity homes and homes for the aged shall, in addition to that permitted by the residential sign
standards pursuant to Section 17.60.060(B)(1), be allowed one illuminated or nonilluminated
monument sign for each street frontage not to exceed an area of thirty-two square feet and a height of
eight feet; and one illuminated or nonilluminated wall sign for each street frontage not to exceed an
area of thirty-two square feet and a height of twenty feet. Monument signs shall be set back twenty-
five feet from all adjacent property lines. There shall be no setback of any sign from property lines
fronting a public street.
7. Signs permitted in the PUD (planned unit development) and PCD (planned commercial
development) zone districts:
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a. Residential development shall be subject to the residential sign standards pursuant to Section
17.60.060(B)(1) unless otherwise conditioned by the planning commission or city council.
b. Commercial development shall be subject to the C-1 sign standards pursuant to Section
17.60.060(B)(3) unless otherwise conditioned by the planning commission or city council.
c. When a PCD or PUD zone is used as a combining zone, the sign regulations for the base zone
shall apply unless otherwise conditioned by the planning commission or city council.
8. Signs permitted in the Bakersfield auto mall area shall be permitted as follows regardless of the
underlying zone district:
(a map delineating the area these regulations apply to is shown at the end of this chapter)
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 330 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks a. Residential Uses Subject to the residential sign standards pursuant to Section 17.60.060(B)(1). b. Business ID Wall No limit; total combined area of all signage shall not exceed the maximum area per elevation. Each building elevation: 2 sq. ft. per linear foot of the business’ elevation sign is located or 450 sq. ft., whichever is less. 30 ft. Note: Wall signs may exceed the height maximum if building is 3 or more stories per skyline sign standards. Yes Sign shall not project above the roofline of the building. a. Each business shall be entitled a minimum of 50 sq. ft. of wall signage per elevation. b. Sign shall not exceed a horizontal length greater than 70% of the linear business frontage. c. If skyline building signs are proposed, such signs as well as all other wall signs shall be subject to Section 17.60.070(F). Pylon or monument Pylon: 2 per street frontage Monument: 4 per street frontage (see Remarks for Pylon: 300 sq. ft. Monument: 32 sq. ft. each. Pylon: 50 ft. Monument: 8 ft. Yes a. Setbacks: - 25 ft. from interior property lines (not part of a center). - 0 ft. from street rights-of-way. b. Minimum 50 ft. between signs. a. Business is limited to either pylon or monument signs; however if center identification is provided on 1 pylon and there is no 2nd pylon, then monuments are permitted. b. Business or center name is limited to being on only 1 sign per street frontage. c. Pylon sign that does not have a minimum clearance of 8 ft. from the ground to the bottom of the sign face shall not exceed the
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 331 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks additional signs) c. 100 ft. from existing outdoor advertising structures. maximum height and area of a monument sign. d. If the center name incorporates the name of an on-site business in any form or variation, said business shall not be allowed on other signs per item b. e. See Section 17.60.070(D) for pylon sign requirements if proposed as a freeway oriented sign. f. Centers with over 500 ft. of street frontage are allowed 1 additional monument sign, then 1 for each 200 ft. of additional frontage along that street. Window 1 per street frontage 8 sq. ft. Below 2nd floor or 10 ft., whichever is less. Yes Ground floor windows only. Area limitation and location does not apply to customary noncommercial holiday decorations maintained pursuant to Section 17.60.080(R). Readerboard/menuboard (wall or freestanding) 2 per business 32 sq. ft. each 12 ft. Yes a. Shall not be portable. b. Shall not be placed or maintained upon any sidewalk area. Copy limited to indicating prices, merchandise or services; official public services provided on premises; credit cards honored; directions to customers; and like
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 332 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks c. Minimum 1 ft. between signs. matters. Use of streamers, pennants and banner is prohibited. Shingle 1 per elevation 6 sq. ft. 7 ft. min. ground clearance Yes Shall be at entrance(s) utilized by public during business hours. Sign shall be oriented for sidewalk pedestrian traffic perpendicular to the store front. Nameplate (wall or door) 1 per loading entrance 2 sq. ft. each 6 ft. No Adjacent to or on door of loading entrance of each tenant. a. Copy shall be limited to business/tenant name. b. Sign is limited to loading entrance only that is not the business’ public entrance. c. Building ID (multiple buildings on site) Wall 2 per building 10 sq. ft. 10 ft. Yes Wall only. a. Illumination shall be indirect or backlit; internal lighting is prohibited. b. Copy shall pertain only to the name of the building to assist in providing direction to the public, commercial name/advertising copy is prohibited. c. See Section 17.60.070(F) if building ID sign is proposed as a skyline building sign. d. Temporary Signs
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 333 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks i. Real Estate Freestanding, wall or window 1 per saleable or leaseable space 32 sq. ft. 12 ft. No a. Shall be on premises being sold, rented or leased. b. Shall be set back 10 ft. from all property lines. a. Copy shall pertain to advertising the sale, renting or leasing and not for the purpose of commercial advertising of a business. b. Signs shall be removed within 10 days after the sale, lease or exchange has been completed. ii. Construction Freestanding 1 per project facing street 32 sq. ft. 12 ft. No a. Shall be on premises. b. Sign shall be set back 10 ft. from all property lines. a. Copy limited to type of construction occurring on site and name of company including logo. b. Sign shall be removed within 10 days after completion of project. iii. Future Facility, Use or Tenant Freestanding, wall or window 1 per street frontage 32 sq. ft. 12 ft. No a. Shall be on premises. b. Sign shall be set back 10 ft. from all property lines. a. Copy limited to identify future use consistent with zoning, or future occupancy and may include ownership identification. b. Sign shall be removed upon occupancy of building or site. iv. Promotional Window Allowed on up to 3 building elevations 40% of window area per building elevation Below 2nd floor or 10 ft., whichever is less Yes Ground floor windows only. a. Copy limited to promoting merchandise, services, sales, etc., of business activity. Business identification is prohibited except as permitted under (8)(b).
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 334 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks b. Area limitation does not include business identification except as permitted under (8)(b). c. Area limitation and location does not apply to customary noncommercial holiday decorations maintained pursuant to Section 17.60.080(R). Pole banners 4 per light pole (2 on each side of pole, back-to-back) 30 in. wide x 96 in. tall (each) Cannot extend above the top of the light pole. Yes Only allowed on permanent on-site light poles. a. Copy limited to promoting merchandise, services, sales, etc., of business activity. Business name/logo is limited to a maximum of 25% of the banner area. Pennants/streamers 2 strands Each strand cannot exceed a height of 18 in. Cannot extend above the roof of a building or top of the light pole. No May only be placed around the perimeter of the area approved for outdoor sales. Text or copy is prohibited. Pennants/streamers may include single or multiple colors, metallic hulas, and flags. v. Special Event See Section 17.60.070(B). vi. Noncommercial See Section 17.60.070(C).
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 335 of 449 The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023. Sign Type Sign Style Maximum Number Maximum Area Maximum Height Illumination Allowed? Location Restrictions (also see Section 17.60.050) Remarks e. Outdoor Advertising (billboard) See Section 17.60.070(E).
Title 17 of the Bakersfield Municipal Code DRAFT FEBRUARY 15, 2024 Page 336 of 449
The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
(Ord. 4953 § 3, 2018; Ord. 4938 § 5, 2018; Ord. 4729 §§ 4—8, 2013; Ord. 4715 § 1, 2012; Ord. 4658 § 1, 2011; Ord. 4605 § 1,
2009; Ord. 4543 § 2, 2008; Ord. 4489 §§ 5, 6, 2008; Ord. 4384 § 1, 2006; Ord. 4306 § 1, 2006; Ord. 3964 § 45, 2000; Ord. 3870
§§ 4, 5, 1998; Ord. 3755 § 2, 1997; Ord. 3624 § 1, 1995; Ord. 3586 § 2, 1994)
17.60.070 Specialized signs.
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 unit
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
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.
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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(B)(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.
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.
2. Permits.
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
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;
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;
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
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.
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.
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
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 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:
i. 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
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
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.
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 subsections (A)(3)(d) through (A)(3)(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
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
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.
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(O). 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.
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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.
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;
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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;
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.
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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.
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.
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7. Signs shall not have letters exceeding the following heights:
Building
Height
(feet)
Maximum
Letter
Height 1
(inches)
Capital
Letter2
(inches)
Logo 3
(inches)
35—59 24 36 48
60—69 36 54 72
70—79 48 72 96
80—89 60 90 120
90—99 72 108 144
100—119 84 126 168
120 or more 96 144 192
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.
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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.
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:
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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.
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.
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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.
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. (Ord. 5095 § 1, 2022; Ord. 5006 § 4, 2020;
Ord. 4953 § 4, 2018; Ord. 4829 § 1, 2015; Ord. 4729 §§ 1, 9, 10, 2013; Ord. 4659 § 1, 2011; Ord. 4605 § 2, 2009; Ord.
4489 §§ 7—9, 2008; Ord. 3964 § 46, 2000; Ord. 3870 §§ 6, 7, 1998; Ord. 3835 § 36, 1998; Ord. 3755 § 3, 1997; Ord. 3586
§ 2, 1994)
17.60.080 Exempt signs.
The following signs shall be exempt from the provisions of this chapter:
A. Address signs used for dwelling unit identification as required by Chapters 15.42 and 15.52 of this code.
B. Advertising signs that are in or on public buses or other public conveyances which may be permitted by
the city council.
C. Business or merchant directory provided it does not exceed an area of sixteen square feet and a height of
six feet.
D. Commercial vehicle signs on licensed commercial vehicles; provided, however, that such vehicles shall
not be utilized as parked or stationary outdoor display signs.
E. Directional, warning or information signs, including traffic control and street signs, as authorized by
federal, state or municipal authority.
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F. Directional or informational signs such as entrance/exit signs, open/closed signs, signs indicating business
hours, and similar such signs, provided they contain no commercial advertisement, and not exceed six square
feet in area and six feet in height. Business logo is permitted provided it does not exceed twenty-five percent of
each total sign area. The building director shall limit the number of such signs on the site based on actual need
in order to provide adequate direction or information.
G. Flags of the United States, the state of California and other states of the nation, counties, municipalities,
foreign nations, and national/international recognized nonprofit organizations. A site is limited to a total of
three flags with no duplication of flags. The building director may approve additional flags if warranted by the
type of business or proposal on the site.
H. Holiday decorations, in season, displayed for an aggregate period not to exceed ninety days per calendar
year.
I. Interior signs within a public or private structure, including a stadium, ball park or other similar private or
public recreational use, not intended to be seen from a public street or adjacent properties.
J. Memorial plaque, table, cornerstone or tombstone.
K. Neighborhood watch and similar type notices.
L. Notices posted on public bulletin boards or public kiosks designed for such notices.
M. No trespassing, solicitation, hunting, minors, and similar such signs, provided they do not exceed four
square feet in area and six feet in height.
N. Official and legal notices issued by a court, or governmental agency.
O. Promotional signs by the city of Bakersfield that promote or advertise city-wide celebrations, awards,
recognition, or other events. Such signs may be permitted within or project over public right-of-way.
P. Public utility signs placed by public utilities for the safety, welfare or convenience of the public, such as
signs identifying high voltage, public telephone or underground cable.
Q. Signs being manufactured, transported and/or stored within the city limits; provided, however, that such
signs are not used, in any manner or form, for purposes of advertising at the place or places of manufacture or
storage.
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R. Taxicab signs as authorized and approved as to size, form and contents by the city manager under Section
5.50.100. (Ord. 4953 § 5, 2018; Ord. 3586 § 2, 1994)
17.60.090 Prohibited signs.
The following signs are specifically prohibited:
A. Animated, moving, revolving and rotating signs, except as specified in this chapter.
B. Banners, flags, pennants and balloons, except as specified in this chapter.
C. Bench signs.
D. Electronic message displays, except as specified in this chapter.
E. Flashing, blinking, and reflecting signs, except as specified in this chapter.
F. Outdoor advertising signs, except as specified in this chapter.
G. Permanent “for sale” signs.
H. Portable signs including A-frame signs, except as specified in this chapter.
I. Projecting signs, except as specified in this chapter.
J. Roof signs.
K. Signs which simulate in color or design a traffic sign or signal, or which make use of words, symbols or
characters in such a manner to interfere with, mislead, or confuse pedestrian or vehicular traffic, as determined
by the building director.
L. Vehicle Signs. Vehicles including trailers, wagons and similar utility vehicles, shall not be utilized as
support for any mobile, portable or stationary signs, or conspicuously parked or left standing so as to constitute
a device or sign. There shall not be maintained on any vehicle or trailer parked in a public right-of-way, or on
public or private property so as to be visible from a public right-of-way, which is attached to, located on or
leaning against such vehicle or trailer, any sign for the purpose of providing advertisement of a business,
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service or products, directing people to a business activity located on the same or other property for any
purpose. This prohibition shall not apply to standard advertising or identification practices where such signs or
advertising devices are painted on or permanently attached to a commercial or business vehicle used in the
conduct of such business provided it is not parked on the site being advertised abutting public right-of-way, to
bumper stickers, to placards identifying the vehicle itself as being for sale, or to window stickers or placards on
vehicles in any vehicle sales lot. (Ord. 4489 § 10, 2008; Ord. 3586 § 2, 1994)
17.60.100 Nonconforming signs.
A. Signs for a legal nonconforming use are permitted. Such signs shall be deemed to comply with the
provisions of this chapter if they comply with the sign regulations for the most restrictive zoning district which
permits the nonconforming use as a permitted use. Such sign shall be permitted only as long as the
nonconforming use is permitted. Any such sign legally existing on the effective date of the ordinance codified
in this chapter, but which does not comply with the regulations of this chapter shall be deemed to be a
nonconforming sign.
B. For the purposes of this chapter, a nonconforming sign is one which does not conform with the provisions
of this chapter, but which:
1. Was lawfully in existence and in use within the city prior to the effective date of the ordinance first
enacting this chapter;
2. Was lawfully in existence and in use on property outside of the city on the date upon which the
annexation of such property to the city was completed;
3. Was lawfully in existence and in use within the city on the effective date of any zone change or
specific plan or comprehensive sign plan for the property on which the sign is located; or
4. Was lawfully in existence and in use within the city on the effective date of any amendment of this
chapter, the zoning regulations contained in this title or other provision of this code, making such sign
nonconforming.
C. For the purposes of this section only, a nonconforming sign exceeding the height or area restrictions
contained in this chapter by no more than five percent shall be deemed to conform with the provisions of this
chapter limiting height and area.
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D. A nonconforming sign shall not be replaced, altered, reconstructed, relocated or expanded in any manner
unless and until the sign is made to conform with the provisions of this chapter. This shall not be construed to
prevent ordinary maintenance and minor repairs, as determined by the building director.
E. A nonconforming sign destroyed or damaged to an extent exceeding fifty percent of its replacement cost
immediately prior to destruction or damage, shall not be continued in use or maintained thereafter and shall be
removed or made to conform with the provisions of this chapter within thirty days of the date of such
destruction or damage.
F. Each nonconforming sign, other than an outdoor advertising sign subject to the California Outdoor
Advertising Act, shall be removed or made to conform with the provisions of this chapter at the sole cost of the
owner thereof, whenever any of the following events occur:
1. There is a change in ownership of the property; inheritance by a member of a deceased owner’s family
shall not be deemed to constitute a change of ownership;
2. The business or activity is discontinued or sold;
3. The property is rezoned, subdivided or parceled or the real property upon which the sign is located is
severed from the real property upon which the business or primary use of the entire parcel is located, by
lease, lease-back, or any other arrangement, method, device or scheme which would otherwise circumvent
the intent of this section;
4. A conditional use permit or modification is granted for the property or use of the property;
5. A sign permit is issued permitting installation or construction of a new or additional sign on the
property;
6. Any change in the signage is made, excluding minor repairs and precise repainting;
7. Whenever there is a change in ownership or tenancy of any business or tenant space within a
business/shopping center, new wall signage and/or a monument sign conforming to the requirements of
this chapter to signify such change is permitted although nonconforming signage exists within such
center. However, no change of sign copy to signify such change shall be permitted on any nonconforming
sign.
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8. If an existing off-premise business identification sign was permitted under a special sign permit by the
city and has remained in effect and in compliance with the provisions of that permit, the sign may remain
and can be upgraded or altered to reflect a change of business or ownership names even though on-
premise signs are being changed or added. However, this sign shall be subject to the following before any
new permits are issued:
a. The sign shall continue to only identify the business or services offered, and shall include
direction to the property for which the sign was originally permitted by the special sign permit.
b. The area of the sign shall not exceed ninety-six square feet. If the sign is larger, it shall be
reduced to not exceed this area. If the sign is smaller, it shall not exceed its present size. If a sign is
reduced in area, under no circumstances shall it be enlarged even if previous approvals granted a
larger size.
c. The sign shall not be moved or reoriented, except under direction of the building director, to
improve traffic visibility or safety, to relocate it outside the public right-of-way, or to increase
separation from other legal freestanding signs.
G. Each such sign determined by the building director to be of historical significance, in accordance with
criteria established by the city’s historical preservation commission, shall be exempt from the removal and
conformance requirements of this chapter.
H. Nothing in this chapter shall be construed as authority for the city to remove without just compensation
those signs which, under the California Outdoor Advertising Act, are subject m removal with compensation to
the owner. (Ord. 3942 § 1, 1999; Ord. 3586 § 2, 1994)
17.60.110 Violation and abandonment.
A. Any sign that has been abandoned or installed illegally is hereby declared to be a danger to the health,
safety and welfare of the citizens of Bakersfield. Any sign which is partially or wholly obstructed by the
growth of dry vegetation or weeds, or by the presence of debris or litter, also presents a danger to the health,
safety and welfare of the citizens of Bakersfield.
B. It shall be the duty of the owner and occupant to make immediate repair to any sign deemed by the
building director to be imminently dangerous or perilous to the public safety. A sign maintained in violation of
this section constitutes a public nuisance. Nothing in this section shall be construed so as to nullify the
requirements and remedies as to maintenance established by the Uniform Sign Code or this chapter. Upon a
written notice from the building director of a sign deemed unsafe and dangerous to public safety, necessary
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repairs shall be made immediately. Otherwise, upon a written notice from the building director, the necessary
maintenance, alterations or repairs as required by this chapter pursuant to Section 17.60.060 A,9 shall be made
within ten days after the date of such notice. In the event the owner, or person in lawful possession fails to
maintain, alter or repair in accordance with such notices, in addition to any other penalty or remedy provided
for in this chapter, such sign may be abated by the building director in accordance with the provisions of this
chapter.
C. Any signs which are not removed within the required period specified within this chapter, shall constitute
a public nuisance and shall be subject to summary abatement at the expense of the owner and the person in
lawful possession of such sign, pursuant to the provisions of Sections 38773-38773.7 of the Government Code;
the expenses of abatement of such nuisances are a lien against the property on which they are maintained and a
personal obligation against the property owner. Said property owner or person in lawful possession shall first
be served with a ten day notice to abate the nuisance by removing the sign and shall be given the opportunity
to explain to the building director why such sign has not been removed. If, after such opportunity to explain,
the building director orders the removal of the sign, the agents of the city shall have authority to enter upon the
private property to remove the sign constituting the nuisance. The provisions of this subsection may be utilized
separately from, as an alternative to, or in conjunction with, any other remedy provided in this chapter or
otherwise provided by law.
D. In the event any person erects, installs, alters, relocates or maintains any sign after the effective date of the
ordinance codified in this chapter, which sign is in violation of any provision of this chapter, and the same is
not removed after notice as specified in subsection C of this section, the same is a public nuisance and shall be
subject to abatement at the expense of the person creating, causing, committing or maintaining it, pursuant to
the provisions of Sections 38773-38773.7 of the Government Code.
E. The building director may, in writing, suspend or revoke a permit issued under the provisions of this
chapter, whenever the permit is issued in error on the basis of incorrect information supplied by the applicant
which results in there being a violation of any ordinance, regulations, or any provisions of this chapter.
F. With exception to those signs deemed nonconforming and subject to Section 17.60.100, the owner or
person in lawful possession of any sign which is not operational or not used for a period of ninety days, or
which was used to advertise or identify that which has been moved or discontinued for a period of ninety days,
shall cover or remove all display copy from such sign immediately upon the expiration of such period. If said
display copy is removed, any bulbs or other mechanical equipment that becomes exposed shall be covered or
removed. If said display copy is not covered or removed within thirty days after notice by the building director,
the city may cause said display copy to be removed or covered and the cost shall become a lien against the
property on which the sign is located. Extensions for thirty day periods may be granted by the building
director. The provisions of this subsection may be utilized separately from, as an alternative to, or in
conjunction with, any other remedy provided in this chapter or otherwise provided by law.
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G. All signs, except nonconforming signs pursuant to Section 17.60.100, which do not conform with the
provisions of this chapter, are public nuisances and shall be removed at the owner’s sole expense within sixty
days after the effective date of this chapter. If said sign is not removed within said period, the city may cause
said sign to be removed and the cost shall become a lien on the property on which the sign is located.
Extensions for thirty day periods may be granted by the building director. The provisions of this subsection
may be utilized separately from, as an alternative to, or in conjunction with, any other remedy provided in this
code or otherwise provided by law. (Ord. 3586 § 2, 1994)
17.60.120 Interpretation and enforcement.
A. It shall be the duty of the building director to enforce the provisions of this chapter.
B. Any decision or interpretation of this chapter shall be final and conclusive by the planning director or
official designee.
C. Any sign erected or maintained, or any use of signs contrary to the provisions of this chapter shall be, and
the same is, unlawful and a public nuisance, and the building director in conjunction with the city attorney may
immediately commence actions for the withholding and/or revocation of permits, abatement, and removal in
the manner provided by law. Violators will be liable for all enforcement costs by the city.
D. This chapter may also be enforced by injunction issued out of Superior Court upon suit of the city, or the
owner or occupant of any real property affected by such action.
E. Permits issued in conflict with the provisions of this chapter shall be null and void.
F. Any city official or employee for the purpose of permit review, complaint, or enforcement of this chapter,
shall have the right to enter upon the premises for inspection. (Ord. 3586 § 2, 1994)
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Chapter 17.61
LANDSCAPE STANDARDS*
Sections:
17.61.010 Generally.
17.61.020 Landscaping required.
17.61.030 Minimum landscape standards.
17.61.032 Additional requirements.
17.61.040 Landscape maintenance.
17.61.050 Tree preservation and protection.
17.61.060 Landscape plan requirements.
* Prior history: prior code Sections 17.61.010 through 17.61.040 and Ord. 3835.
17.61.010 Generally.
The purpose of this chapter 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 landscape and development,
reduce air, noise and visual pollution, produce a healthy, vibrant, sustainable urban forest, decrease
temperatures, increase comfort, and promote commerce and socialization, while promoting water use
efficiency. Landscaping shall conform to the Model Water Efficient Landscaping Ordinance (MWELO) as
adopted in California Code of Regulations, Title 23, Chapter 2.7 as adopted by the state. (Ord. 4943 § 1, 2018;
Ord. 4624 § 2, 2010; Ord. 4010 § 1, 2001)
17.61.020 Landscaping required.
A. All projects for which site plan approval is required shall install and maintain landscaping in accordance
with the requirements of this chapter; provided, however, these landscape requirements shall not apply to
projects where a current use is expanded and the valuation of the building permit is less than fifty percent of
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, or designee, shall determine the amount and
placement of landscaping needed to comply with this section.
B. Occupancy of a use subject to these standards shall not be permitted until the approved landscaping and
irrigation has been installed, or if permitted by the planning director, an agreement and/or surety bond or cash
deposit sufficient to cover the cost of installation, which amount has been determined to complete the work
plus administration costs by the city, and such has been provided to the city specifying completion of
installation within a time specified by the planning director.
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C. An approved landscape plan for commercial improvement projects must be revised if the
landscape/irrigation is substantially modified. Substantial modification in this section means a change in the
character or quantity of the plant material or irrigation that equals or exceeds one hundred square feet of
landscape area.
1. A revised landscape plan under this section shall be prepared by a landscape design professional and
include all of the following:
a. A description of the new landscaping and how it complies with this section;
b. A detailed summary of landscaping removed;
c. The location of where replacement landscaping will be placed on site;
d. Shade calculations confirming attainment of shading requirements; and
e. Identification of any existing missing or underperforming landscaping on site.
2. Trees removed as part of a revised landscape plan shall be replaced on a one-to-one basis unless:
a. It would be detrimental to the public health, safety, or welfare or to property or residents in the
area; or
b. Special physical circumstances exist limiting additional landscaping of a particular property.
3. No building permit(s) shall be issued or installation of landscaping shall occur, prior to approval of
the revised landscape plan by the planning director or designee. All landscaping shall be installed per the
approved plans within one hundred twenty days of submittal of the revised landscape plan or as otherwise
approved by the planning director or designee. (Ord. 5009 § 1, 2020; Ord. 4943 § 1, 2018; Ord. 4624 § 2, 2010;
Ord. 4010 § 1, 2001)
17.61.030 Minimum landscape standards.
A. Installation of landscape materials and irrigation equipment shall be in accordance with commonly
accepted methods of installation as approved by the city.
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B. Trees shall be a minimum twenty-four-inch box container size or larger and shall be vigorous and healthy
when planted. The minimum diameter of the tree trunk, as measured at a point four feet up the trunk from
ground level, shall be one inch for a fifteen-gallon container tree, two inches for a twenty-four-inch box
container tree, and three inches for a thirty-six-inch box container tree. These trunk diameters shall apply
throughout this chapter where tree container sizes are specified.
C. Shrubs shall be a minimum five-gallon container size or larger and shall be vigorous and healthy when
planted. Mass shrub planting for area coverage shall be a mix of five-gallon (forty percent) and one-gallon
(sixty percent) container size with an average spacing of eighteen inches on center. Flats shall be used for
ground covers with an average spacing of eight inches on center.
D. Shrubs and/or ground cover, including turf, shall cover no less than seventy-five percent of the required
landscaped area within four years of planting.
E. A landscaped area fifteen feet in width on arterial and collector streets and eight feet in width on local
streets as measured from the right-of-way line, shall be installed 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:
1. The total square footage of required landscaped area remains constant.
2. The reduction in the required width is consistent with the purposes of the landscape regulations of this
chapter.
3. In the central district (C-B and C-C zone districts) this reduction may include the planting of street
trees only to allow adequate pedestrian access consistent with adjacent development.
F. Along street frontages, a tree shall be planted at a ratio of one tree per twenty lineal feet, or portion thereof.
Trees may be clustered or grouped to not conflict with required fire lanes, public entrances/exits, utility
easements, and signs provided the minimum tree to frontage ratio is satisfied. A species mix of thirty percent
evergreen and seventy percent deciduous shall be maintained.
G. Trees shall be required to be planted within parking lots at a minimum ratio of one tree for each six
parking spaces, but shall be sufficient to achieve the minimum shading required in subsection H of this section.
The maximum spacing between trees shall not exceed sixty-five feet.
H. Trees shall be installed and thereafter maintained throughout the parking area to ensure that it will be
shaded based on calculating the canopy area of each tree at fifteen years from a master tree list approved by the
planning director. The landscape plan required by Section 17.08.080 shall be drawn to show that the tree
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canopy will have the potential to attain shading over forty percent of the total area of all uncovered parking
stalls, loading areas, drive aisles and maneuvering areas. The property owner or the preparer of the plans shall
show all shading calculations on the plan. Truck loading docks in front of overhead doors, truck maneuvering
and parking areas unconnected to and exclusive of any required vehicle parking areas, freight yards, and
surfaced areas for automobile sales, lumber yards, and vehicle storage are not subject to this shading
requirement.
I. Buildings with main entrances facing parking lots shall be landscaped with a minimum of one tree 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 subsections G and H of this
section. Trees may be clustered or grouped to not conflict with required fire lanes, public entrances/exits, and
signs provided the minimum tree to building ratio is satisfied. The use of vines and large shrubs is encouraged
to enhance the tree planting areas next to the building.
J. Of the total number of trees required in the parking area and for the entire project, a minimum of thirty
percent shall be evergreen species.
K. In addition to the trees referenced in subsections G, H and I of this section, trees shall be installed along
the property line perimeter, in the required landscape area required by Section 17.58.050(N), 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 one hundred percent evergreen species spaced no further
apart than twenty feet on center. The minimum tree size shall be a twenty-four-inch box container size if the
adjacent residential zoned area is all or partially developed and a fifteen-gallon container size if the adjacent
residential zoned area is undeveloped.
L. Landscaping and irrigation shall be installed in compliance with any approved site plan or other project
approval prior to final inspection or occupancy.
M. Tree planters within the parking lot shall be a minimum of five feet by five feet (outside dimension).
Vehicles may overhang into these planters no more than two and one-half feet provided the tree is protected
from damage by a vehicle.
N. If a drive-thru lane is located adjacent to a public street it shall be screened via one of the following
options: (1) an evergreen hedge installed at a minimum initial height of four feet; or (2) a wall or berm
installed at a minimum height of four feet. This screen shall be located between the drive-thru lane and public
street along only that portion of the drive-thru lane that is adjacent to the public street. Option 2 shall include
the planting of shrubs between the wall and the sidewalk. The planning director may, at his or her discretion,
allow the use of other similar screen if physical constraints preclude the installation of a hedge. A taller screen
may also be required at the discretion of the planning director if such additional height is necessary for
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adequate screening because of topographic conditions, proximity to residential areas or other factors that
would warrant special treatment.
O. An eight-foot landscape area shall be provided between each building and the drive aisle for multifamily
projects using a common drive aisle with shared access. This requirement shall not apply to any lot less than
ten thousand square feet and that is not part of or adjacent to multifamily subdivisions or other multifamily
projects that existed prior to the effective date of the ordinance codified in this chapter.
P. Landscaping shall be designed to minimize overwatering and avoid runoff of irrigation water. Soil type
shall be considered in order to reduce runoff and promote healthy plant growth. Plant selection and placement
shall match the irrigation provided.
Q. A minimum two-inch layer of mulch shall be applied on all exposed surfaces of planting areas except in
turf areas, creeping or rooting groundcovers, or direct seeding application where mulch cannot be used.
Stabilizing mulching products shall be used on slopes. The mulch can be any organic material, including, but
not limited to, leaves, bark, straw, or compost; or any inorganic or synthetic material, including, but not limited
to, rock, landscape fabric or recycled rubber. (Ord. 4943 § 1, 2018; Ord. 4624 § 2, 2010; Ord. 4606 § 1, 2009; Ord. 4104
§ 5, 2003; Ord. 4010 § 1, 2001)
17.61.032 Additional requirements.
In addition to the minimum standards contained in Section 17.61.030, the following shall apply to those
specific geographic areas as identified below:
A. Central City Area. For the purposes of this subsection, Central City Area is identified as including all
lands bounded by 23rd Street to the north, Truxtun Avenue to the south, M Street to the east, and G Street to
the west.
1. Street tree species shall be consistent with the Central City Master Street Tree Plan as adopted by city
council Resolution No. 195-92.
B. Northeast Bakersfield. For the purposes of this subsection, Northeast Bakersfield is identified as including
all lands east of Fairfax Road (and any northern extension thereof) and north of the Union Pacific Railroad that
parallels Edison Highway.
1. New landscape areas shall consist predominately of native California trees (e.g., oaks and sycamores),
shrubs and groundcovers mixed with ornamental species. Planting shall occur in nonlinear clusters to
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resemble a natural appearance. Firescape species approved by the planning director shall be used along
the perimeter of the project site adjacent to native or slope areas if outside the HD zone district.
2. Use of boulder clusters and other native rock combinations shall be installed with vegetation to
resemble a natural distribution blending into the surrounding native areas and/or street parkways that may
contain similar design elements.
3. Along slopes, plantings shall be done with more dense and larger species of trees and shrubs closer to
streets with a gradual reduction of plantings that are less dense with smaller species as you move further
away from the streets to provide a natural transition between the streetscape and native areas.
4. Design content shall retain the natural flora and site character as much as possible with a subtle
landscape transition between maintained and native areas.
5. Xeriscape and/or regional native plant selections shall be used to revegetate any disturbed areas
outside the project area, unless city ordinances, resolutions, or conditions of approval state otherwise.
6. New landscape areas along slopes and slope easements may be required to be privately maintained as
undeveloped areas of native landscaping, greenbelts, or open space, without fencing or other structures, as
determined by the planning director, or as may be conditioned by the planning commission or city
council.
7. These standards do not apply to residential projects that contain four units or less and that are not part
of a larger multiple-family unit subdivision with more than four lots. (Ord. 4943 § 1, 2018; Ord. 4641 § 2, 2011;
Ord. 4624 § 2, 2010; Ord. 4617 § 5, 2010)
17.61.040 Landscape maintenance.
A. Landscapes shall be regularly inspected and maintained to ensure water efficiency and keep plants in a
healthy condition. Maintenance shall include, but is not limited to, programmed watering, fertilizing and soil
amendment applications, weed control, cleaning, pruning, trimming, pest control, replenishing mulch and
cultivating. Tree topping shall not be permitted except when necessary for the protection of public safety,
property damage or liability.
B. Landscape structural features shall be maintained in sound structural and attractive condition.
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C. All plant material shall be serviced by a permanently installed, electrically automated irrigation system.
Project sites containing two thousand five hundred square feet or more of landscaped area must have a
controller that can be programmed to accommodate different landscape hydrozones and the controller shall be
equipped with a battery backup to preserve the controller settings in case of an electrical system interruption.
D. Tree pruning shall follow the International Society of Arboriculture (ISA) pruning guidelines. This
subsection does not apply to utility companies trimming trees for the purpose of providing necessary clearance
for power lines.
E. All plants and irrigation systems shall be maintained as originally approved unless otherwise approved by
the city. The city can, at any time, require landscaping and irrigation to be replaced and/or reinstalled in
accordance with the approved plans and requirements of the state’s Model Water Efficient Landscaping
Ordinance (MWELO).
F. Failure to maintain landscaping and/or irrigation systems as provided in the project’s approved landscape
plan shall result in the issuance of a citation and, if not abated, may include civil penalties. (Ord. 4943 § 1, 2018;
Ord. 4624 § 2, 2010; Ord. 4010 § 1, 2001)
17.61.050 Tree preservation and protection.
A. Replacement planting must conform to the original intent of the landscape design and adhere to the state’s
Model Water Efficient Landscaping Ordinance (MWELO).
B. Trees voluntarily removed from an existing project, except when necessary for the protection of public
safety, property damage, or liability, or damage or loss by acts of nature, the willful unlawful acts of persons
other than the property owner, or by complying with other federal or state laws or actions, shall be replaced at
the average size of what is or was existing not to exceed a forty-eight-inch box container size. Said trees shall
be replaced within one hundred twenty days of removal. Trees shall be the same species as shown on the
project’s approved landscape plan or otherwise meet the provisions of this chapter.
C. Failure to replace existing tress as required by this chapter shall be subject to the issuance of notices of
violations, correction orders, citations, and any administrative remedies provided under the Bakersfield
Municipal Code or applicable state law. (Ord. 4943 § 1, 2018; Ord. 4624 § 2, 2010; Ord. 4010 § 1, 2001)
17.61.060 Landscape plan requirements.
A. A workable scale (preferred—one inch equals twenty feet or larger) and north arrow;
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B. Property lines, overhead and underground power easements;
C. Dimensions;
D. Location of all trees and shrubs. Mature tree head diameter shall be depicted to scale;
E. Existing and proposed structures, including anticipated signs (both freestanding and wall);
F. Existing natural features (note on plan to be removed or retained);
G. Irrigation system plan shall include, but not be limited to, main and lateral lines, valves, sprinkler heads,
any moisture sensing devices, any rain switches, pressure regulators and backflow prevention device(s), and
drainage locations, description of irrigation controller and ability to accommodate different hydrozones.
H. A plant specification list:
1. Keyed to the plan;
2. Estimated sizes at planting and at maturity;
3. Head diameter of trees at fifteen years and whether the tree is evergreen or deciduous;
4. Container sizes;
5. Quantity of each;
6. Percent of parking lot shading which will result from tree landscaping calculated in accordance with
this section;
7. Percent of evergreen trees located in parking lot and percent located along project perimeter;
8. Botanical and common plant names.
I. If grading for slopes occurs within the landscaping area, then grading shall be designed to minimize soil
erosion, runoff and water waste.
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J. Compliance with the Model Water Efficient Landscaping Ordinance (MWELO) for projects that propose
new landscaping as follows are required to submit documentation to the planning director that may include,
but not be limited to, the checklist and certification of compliance forms provided by the planning director, and
such other information and documentation as may be required by the planning director:
1. New landscaping encompassing equal to or greater than five hundred square feet.
2. Rehabilitation of landscape area encompassing equal to or greater than one thousand square feet.
3. Any project of landscape area encompassing equal to or greater than two thousand five hundred
square feet. (Ord. 4943 § 1, 2018; Ord. 4624 § 2, 2010; Ord. 4010 § 1, 2001)
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Chapter 17.62
SURFACE MINING AND RECLAMATION
Sections:
17.62.010 Purpose and intent.
17.62.020 Incorporation by reference of state regulations.
17.62.030 Applicability.
17.62.040 Vested rights.
17.62.050 Permit review procedure.
17.62.060 Reclamation plan.
17.62.070 Financial assurance.
17.62.080 Idle operations—Interim management plan.
17.62.090 Annual report.
17.62.100 Violations.
17.62.110 Fees.
17.62.010 Purpose and intent.
A. The city recognizes that the extraction of minerals is essential to the continued economic well-being of the
city and to the needs of society, and that the reclamation of mined lands is necessary to prevent or minimize
adverse effects on the environment and to protect health and safety. The city also recognizes that the
reclamation of mined lands will provide for the protection and subsequent beneficial use of the land. Since
surface mining operations may take place in diverse areas where the geologic, topographic, climatic,
biological, and social conditions are significantly different, reclamation operations may also vary accordingly.
B. The purpose and intent of this chapter is to safeguard the continued availability of important mineral
resources while regulating surface mining operations as required by the California Surface Mining and
Reclamation Act of 1975 (SMARA). These regulations will assure that:
1. Adverse environmental effects are prevented or minimized, and that mined lands are reclaimed to a
usable condition which is readily adaptable for alternative land uses.
2. The production and conservation of minerals are encouraged while giving consideration to value
relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.
3. Residual hazards to the public health and safety are eliminated. (Ord. 3943 § 5, 1999; prior code
§ 17.75.010)
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17.62.020 Incorporation by reference of state regulations.
The provisions of SMARA (Public Resources Code Section 2710 et seq.), Public Resources Code Section
2207 (relating to annual reporting requirements), and the California Code of Regulations (Title 14, Division 2,
Section 8, Subchapter 1, Section 3500 et seq.), as those provisions and regulations may be amended from time
to time, are made a part of this chapter by reference with the same force and effect as if they were specifically
contained in this chapter. Whenever the provisions of this chapter are more restrictive than correlative state
provisions, this chapter shall prevail. (Ord. 3943 § 5, 1999; prior code § 17.75.020)
17.62.030 Applicability.
A. Except as provided in this chapter, no person shall conduct a surface mining operation unless a conditional
use permit, reclamation plan and financial assurance for reclamation have first been approved by the city. Any
applicable exemption from this requirement or other provisions of this chapter does not automatically exempt a
project or activity from adhering to other regulations, ordinances or policies of the city or state, including but
not limited to, the application of the California Environmental Quality Act (CEQA), other permits, the
payment of development impact fees, or the imposition of other dedications and exactions as may be permitted
under the law. The provisions of this chapter shall apply to all lands within the city, public and private.
B. This chapter shall not apply to any of the following activities:
1. Excavations or grading conducted for farming, or for the purpose of restoring land following a flood
or natural disaster;
2. On-site excavation and on-site earthmoving activities which are an integral and necessary part of a
development that is undertaken to prepare a site for construction of structures, streets, landscaping or
other land improvements, including related excavation, grading, compaction or the creation of fills, road
cuts and embankments, whether or not surplus materials are exported from the site. These development
related improvements must have been approved by the city in accordance with applicable provisions of
state law, locally adopted plans and ordinances, and CEQA;
3. Operation of an industrial site used for mineral processing, including associated on-site structures,
equipment, machines, tools or other materials, including the on-site stockpiling and on-site recovery of
mined materials. This site must be located on lands approved such uses consistent with the city’s general
plan and zoning ordinance, none of the minerals being processed are being extracted on-site, and all
reclamation work, if any was necessary, has been completed according to the approved reclamation plan
for any mineral extraction activities that occurred on-site after January 1, 1976;
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4. Surface mining operations where a total of one thousand cubic yards or less of the minerals and/or
overburden is removed or involve an area of one acre or less in any one location;
5. Surface mining operations that are required by federal law in order to protect a mining claim, if those
operations are conducted solely for that purpose;
6. The solar evaporation of water for the production of salt and related minerals;
7. Emergency excavations or grading conducted by or under direction of the city, Department of Water
Resources or the Reclamation Board for the purpose of averting, alleviating, repairing or restoring
damage to property due to imminent or recent floods, disasters or other emergencies;
8. Surface mining operations conducted by, under contract with, or under direction of the State
Department of Water Resources or the Reclamation Board for the State Water Resources Development
System or flood control meeting the requirements for review and approval of the State Department of
Conservation in accordance with PRC Section 2714(i);
9. Any other surface mining operations that the State Mining and Geology Board determines to be of an
infrequent nature and which involve only minor surface disturbances. (Ord. 3943 § 5, 1999; prior code
§ 17.75.030)
17.62.040 Vested rights.
Any person with an existing surface mining operation who obtained a vested right to conduct such activity
prior to January 1, 1976, shall not be required to secure a permit to mine, so long as the vested right continues
and as long as no substantial changes have occurred to the operation. Where a person with vested rights has
continued surface mining in the same area after January 1, 1976, he or she shall obtain city approval of a
reclamation plan covering any new mined lands disturbed since that date. In those cases where an overlap of
the physical disturbance exists in the horizontal and/or vertical sense between pre- and post-Act mining, the
reclamation plan shall call for reclamation proportional to the disturbance caused by mining after the effective
date of the Act (January 1, 1976). All other requirements of state law and this chapter shall apply to vested
surface mining operations. (Ord. 3943 § 5, 1999; prior code § 17.76.040)
17.62.050 Permit review procedure.
A. Application. A conditional use permit shall be required for all applications for a surface mining operation
or land reclamation project, including any reclamation plan and financial assurance. The application for the
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permit shall be filed with the planning director on forms provided by the director, and shall include all
information as necessary to meet city ordinances, CEQA, SMARA and any other information that the director
finds necessary to ensure that the project can be adequately evaluated.
B. Authority. The planning commission shall have the authority to grant or deny, subject to appeal to the city
council, the following:
1. A conditional use permit to conduct surface mining operation;
2. A reclamation plan;
3. Financial assurance for reclamation of mined lands;
4. Amendments to any term, condition or other consideration regarding a surface mining operation,
reclamation plan or financial assurance;
5. An interim management plan as defined in SMARA for idle surface mining operations;
6. Environmental determinations concerning the conditional use permit for surface mining operations;
7. Revocation of the conditional use permit.
C. Review Process. The procedures contained in Chapter 17.64 of this code relating to processing a
conditional use permit, including, but not limited to, notice, public hearings, permit rights and restrictions,
extensions and appeals shall apply to any project regulated by this chapter.
D. Additional Notice. In addition to the notice required under the conditional use procedure and CEQA,
notice shall also be provided as follows:
1. Within thirty days of acceptance of an application as complete, the Planning Director shall notify the
State Department of Conservation of the filing of the application.
2. If mining operations are proposed in the one-hundred-year floodplain of any watercourse as shown in
Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and
within one mile, upstream or downstream, of any state highway bridge, the planning director shall notify
the State Department of Transportation that the application has been received.
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3. The above notifications may be combined with any other notice or consultation necessary to meet
CEQA requirements.
E. Agency Consultation and Comments. In addition to the consultation and comment period required by city
ordinance and CEQA, the State Department of Conservation shall be given thirty days to review and comment
on a reclamation plan and forty-five days to review and comment on a financial assurance (PRC Section
2774(d)). The planning commission shall consider all written comments received, if any, from the State
Department of Conservation and any other person or agency during the comment period.
F. Required Findings. In addition to any findings required by Chapter 17.64 of this code for conditional use
permits, an approval for a surface mining operation, reclamation plan and financial assurance shall include
findings that the project complies with the provisions of SMARA and related state regulations.
G. Distribution of Final Decision. In addition to the final decision being distributed to interested persons
and/or agencies as may be required by city ordinance and CEQA, a copy of each approved and/or amended
conditional use permit for a surface mining operation, reclamation plan and/or financial assurance shall also be
forwarded to the State Department of Conservation.
H. Amendments. Amendments to any approved surface mining operation, reclamation plan and/or financial
assurance, shall be processed in the same manner as a new application. (Ord. 5020 § 24, 2020; Ord. 3943 § 5, 1999;
prior code § 17.75.050)
17.62.060 Reclamation plan.
A. All reclamation plans shall comply with the provisions of SMARA (Sections 2772 and 2773) and state
regulations (CCR Sections 3500-3505). Reclamation plans approved after January 15,1993, reclamation plans
for proposed new mining operations and any substantial amendments to previously approved reclamation
plans, shall also comply with the requirements for reclamation performance standards (CCR Sections 3700-
3713).
B. The city may impose additional performance standards as developed either in review of individual projects
through the conditional use permit process, as warranted, or through the formulation and adoption of citywide
performance standards.
C. Reclamation activities shall be initiated at the earliest possible time on those portions of the mined lands
that will not be subject to further disturbance. Interim reclamation may also be required for mined lands that
have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an
annual basis, in stages compatible with continuing operations, or upon completion of all excavation, removal
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or fill, as approved by the city. Each phase of reclamation shall be specifically described in the reclamation
plan and shall include the beginning and expected ending dates for each phase, all reclamation activities
anticipated and estimated costs for completion of each phase of reclamation.
D. The reclamation plan shall remain in effect until all components are satisfied. It shall be binding to any
new operator or owner that may assume control of the surface mining operation. (Ord. 3943 § 5, 1999; prior code
§ 17.75.060)
17.62.070 Financial assurance.
A. To ensure that reclamation will proceed in accordance with the approved reclamation plan, the city shall
require, as a condition of approval, security which will be released upon satisfactory performance of
reclaiming mined land. The applicant may pose security in the form of a surety bond, trust fund, an irrevocable
letter of credit from an accredited financial institution, or other method acceptable to the city and the State
Department of Mining and Geology Board as specified in regulation, and which the city reasonably determines
is adequate to perform reclamation in accordance with the reclamation plan. Financial assurance shall be made
payable to both the city and the State Department of Conservation.
B. Financial assurance shall be required to ensure compliance with elements of the reclamation plan,
including but not limited to, revegetation and landscaping requirements, restoration of aquatic or wildlife
habitats, restoration of water bodies and water quality, slope stability and erosion and drainage control,
disposal of hazardous materials and other measures as may be appropriate by the planning commission.
C. Cost estimates for the financial assurance shall be submitted to the planning director as part of the initial
application for the surface mining operation. The planning director shall forward a copy of the cost estimates,
together with any documentation received supporting the amount of the cost estimates, to the State Department
of Conservation for review. If the state does not comment within the required review period, it shall be
assumed that the cost estimates are adequate. The planning commission shall have the discretion to approve the
financial assurance if it meets the requirements of this chapter, SMARA and related state regulations.
D. The amount of the financial assurance shall be based upon the estimated costs of reclamation for the years
or phases stipulated in the reclamation plan, including any maintenance of reclaimed areas as may be required.
Cost estimates shall be prepared by a qualified professional retained by the operator that has been approved by
the planning director. The estimated amount of the financial assurance shall be based on an analysis of
physical activities necessary to implement the reclamation plan, including administrative costs. Financial
assurance to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife
habitat and any other applicable element of the approved reclamation plan shall be based upon cost estimates
that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration
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and reasonable profit by a commercial operator other than the permittee. A contingency factor of ten percent
shall be added to the cost of financial assurances.
E. In projecting the costs of financial assurance, it shall be assumed without prejudice or insinuation that the
surface mining operation could be abandoned by the operator and, consequently, the city may need to contract
with a third party commercial company for reclamation of the site.
F. The financial assurance shall remain in effect for the duration of the surface mining operation. (Ord. 3943
§ 5, 1999; prior code § 17.75.070)
17.62.080 Idle operations—Interim management plan.
A. Within ninety days of a surface mining operation becoming idle, the operator shall submit to the planning
director a proposed interim management plan (IMP). The proposed IMP shall fully comply with the
requirements of SMARA and the approved conditional use permit, and shall provide measures the operator
will implement to maintain the site in a stable condition, taking into consideration public health and safety.
The proposed IMP shall be processed as an amendment to the reclamation plan. IMPs shall not be considered a
project for the purposes of environmental review as specified under SMARA.
B. Financial assurances for idle operations shall be maintained as though the operation were active.
C. The IMP may remain in effect for a period not to exceed five years, at which time the planning
commission may renew the IMP for another period not to exceed five years, or require the surface mining
operator to commence reclamation in accordance with the approved reclamation plan. (Ord. 3943 § 5, 1999; prior
code § 17.75.080)
17.62.090 Annual report.
A. Report Submittal. Surface mining operators shall forward an annual surface mining report to the State
Department of Conservation and to the planning director on a date established by the State Department of
Conservation, upon forms furnished by the State Mining and Geology Board. New mining operations shall file
an initial surface mining report and any applicable filing fees with the State Department of Conservation
within thirty days of permit approval, or before commencement of operations, whichever is sooner. Any
applicable fees, together with a copy of the annual inspection report, shall be forwarded to the State
Department of Conservation at the time of filing the annual surface mining report.
B. Inspections. The planning director, or his or her designee, shall inspect a surface mining operation within
six months of receipt of the annual report to determine whether the surface mining operation is in compliance
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with the approved conditional use permit, reclamation plan, financial assurance and state regulations. In no
event shall less than one inspection be conducted in any calendar year. All inspections shall be conducted
using a form approved and provided by the State Mining and Geology Board. (Ord. 3943 § 5, 1999; prior code
§ 17.75.090)
17.62.100 Violations.
If the planning director, based upon an annual inspection or otherwise confirmed by an inspection of the
surface mining operation, determines that it is not in compliance with this chapter, the approved conditional
use permit or reclamation plan, the city shall follow the procedures set forth in SMARA concerning violations
and penalties, as well as those provisions of Chapter 17.64 of this code concerning revocation of the
conditional use permit which are not preempted by SMARA. (Ord. 3943 § 5, 1999; prior code § 17.75.110)
17.62.110 Fees.
The applicant, operator or owner shall pay all fees not to exceed the reasonable costs incurred in implementing
this chapter and state regulations, including but not limited to, processing of applications, annual reports,
inspections, monitoring, enforcement and compliance as set forth in Chapter 3.70 of this code. (Ord. 3943 § 5,
1999; prior code § 17.75.100)
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Chapter 17.63
HOME OCCUPATIONS
Sections:
17.63.010 Purpose.
17.63.020 Permits.
17.63.030 Operating standards.
17.63.040 Revocation of rights.
17.63.050 Appeal.
17.63.010 Purpose.
The purpose of this chapter is to establish standards for home occupations. A home occupation is a residential
use that is accessory and incidental allowing the occupants an opportunity to conduct a legal, income
producing activity. The use is conducted so that the average neighbor, under normal circumstances, would not
be aware of its existence. The standards for home occupations in this chapter are intended to ensure that the
proposed business retains the residential environment of the property and is compatible with the residential
character of the neighborhood. (Ord. 3768 § 1, 1997)
17.63.020 Permits.
A. Permit Required. A home occupation shall not be established, operated or maintained within the city
without having a valid permit approved by the city according to the regulations of this chapter.
B. Permit Not Required. A home occupation permit shall not be required for the following:
1. Family day care, as defined in Section 17.04.160;
2. Residential care facility, as defined in Section 1502 of the California Health and Safety Code;
3. A business conducted in a residence within a commercial or industrial zone district where that
business complies with the requirements of the commercial or industrial zone in which it is located.
C. Application. An application for a home occupation permit shall be on forms furnished by the planning
director, shall be filed with the planning department before commencing the business activity, and shall be
signed by the applicant. The application shall include the following information:
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1. The name, mailing address, and telephone number of the owner(s) of the business;
2. The street address of the property where the business will be conducted; and
3. A description of the type of business proposed.
D. Permit Issuance. The planning director shall issue a permit if he or she finds:
1. That the application is complete;
2. That such business will be operated consistent with the regulations of this chapter and not interfere
with the peace and quiet or be contrary to the residential character of the neighborhood; and
3. The building and the proposed business will be maintained and conducted according to all laws of the
city and state, including, but not limited to, health, structural soundness, fire safety, and zoning.
E. Prohibited Activities. A home occupation permit shall not be issued for the following activities or activities
deemed to be similar as determined by the planning director where such will be conducted on the premises the
permit would apply:
1. Appliance repair on large items such as washers, refrigerators, dryers.
2. Bazaars (involving the sale of crafts or other merchandise open to the public).
3. Cabinet making.
4. Equipment or vehicle rentals.
5. Recycling centers.
6. Restaurants.
7. Stable or kennels.
8. Storage of household goods, equipment, or materials not owned by the resident.
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9. Upholstering of vehicles or furniture.
10. Vehicle repair, including, but not limited to, engine tuneups, body and fender work, and painting.
11. Vehicle washing and detailing where power equipment is used.
12. Veterinary clinics or hospitals.
13. Welding services.
F. Permit Nontransferable. Any permits issued according to this chapter shall be nontransferable and shall be
valid only as to the applicant and the property address provided on the application.
G. Fees. The applicant shall pay a fee not to exceed the cost of processing the permit application and
inspecting such business as set forth in Chapter 3.70 of this code. (Ord. 5041 § 1, 2020; Ord. 3768 § 1, 1997)
17.63.030 Operating standards.
Home occupations shall comply with the following operating standards:
A. Signs referring to the business are not permitted; however, signs containing the address of the home or
name of the residents are permitted according to the requirements for signs within residential zones.
B. The home occupation may involve the use of commercial mail or freight careers for delivery of materials
to or from the premises provided deliveries are no more frequent than twice a day.
C. One commercial vehicle owned by the residents may be used with the home occupation. The vehicle will
be deemed in use for the home occupation if it contains advertising and/or any materials including stock,
wares, goods, samples, or equipment carried in or on the vehicle. Such vehicle shall not exceed one ton and
shall be stored in a garage if one exists. If there is no garage on the premises, the vehicle shall be concealed so
as not to be visible from the street, sidewalk or alley when it is parked at the residence.
D. Customers, clients, or prospective customers or clients shall not be invited to the residence except by
appointment only, for the purpose of obtaining service, tutoring, or training. The home occupation shall not
involve the onsite presence of more than one customer or client at a time. Customers or clients shall not be
permitted on the premises between the hours of 10:00 p.m. and 8:00 a.m.
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E. Noise, pedestrian or vehicular traffic, or other activity that constitutes a nuisance or disturbance of the
peace of any person shall not be produced or made at the residence in connection with the home occupation.
F. Displays, models or samples shall not be exhibited on the premises.
G. The appearance of any structure shall not be altered or the conduct of the occupation within a structure be
such that it may be recognized as serving a nonresidential use (either by color, materials or construction,
lighting, signs, sounds or noises, vibrations, etc.)
H. Any stock, wares, goods, materials, samples, merchandise or equipment stored on the premises shall be
entirely within a building and not visible from the street, sidewalk or alley, and shall not interfere with the
residential use or endanger any person.
I. The home occupation shall be conducted only by the occupants of the residence. Employees, salespeople,
or other help, including independent contractors, planners or joint ventures hired, engaged, or retained by the
permittee, shall not perform any work at the premises or go to or upon the premises in conjunction with the
home occupation.
J. There shall be no processing or manufacturing of goods, wares or merchandise on the premises unless the
planning director finds that, in addition to meeting all other criteria applicable to the home occupation, the
processing or manufacturing can and will be done in such a manner that no noise, sound, vibration, odor,
fumes or light are emitted from the premises.
K. The home occupation shall be conducted entirely within an enclosed area of the residence or accessory
structure, and shall not encroach into any required parking, setback, or open space areas. It shall not involve
the use of more than four hundred square feet of the premises, not including a vehicle meeting the criteria of
subsection C of this section.
L. Class I flammable liquids or liquefied flammable gases shall not be used or stored on the premises. Not
more than the equivalent of seventy-five cubic feet of other flammable material shall be used or stored on the
premises in relation to the home occupation.
M. The permittee for a home occupation shall obtain a business license from the city for the intended
business.
N. The home occupation shall not be operated to cause a nuisance or interfere with the peace and quiet, and
residential character of the neighborhood. (Ord. 3768 § 1, 1997)
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17.63.040 Revocation of rights.
The granting of a home occupation permit is conditioned on the faithful compliance with all regulations set
forth in this section and does not relieve the permittee from complying with applicable federal, state, and local
laws for health and safety. Any permit issued according to this chapter shall immediately be revoked by the
planning director whenever he or she finds:
A. That misrepresentations were made on the application; or
B. That any terms or conditions of the permit have been violated, or that the business has been operated in
violation of local, state, or federal law; or
C. That the operation of the business is interfering with the peace and quiet of the neighborhood. (Ord. 3768
§ 1, 1997)
17.63.050 Appeal.
A. Should any applicant be dissatisfied with the decision of the planning director not to grant a permit or for
the revocation of a permit, then said applicant or permit holder may, no later than ten days after notice of such
decision is deposited in the United States mail addressed to the applicant or permittee at the address provided
on the application, appeal the decision to the planning commission by filing such appeal with the planning
department.
B. The planning director shall set the date for hearing the appeal at a regular meeting within a reasonable time
following filing of the appeal. Notice of the appeal shall be given in the same manner as required in Section
17.64.050.
C. The planning commission may sustain, suspend, or overrule the decision of the planning director. Their
decision shall be final and conclusive.
D. Pending the hearing before the planning commission, the decision of the planning director shall remain in
full force and effect, and any reversal by the planning commission shall not be retroactive but shall take effect
as of the date of the planning commission’s decision. (Ord. 5020 § 25, 2020; Ord. 3768 § 1, 1997)
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Chapter 17.64
MODIFICATIONS, CONDITIONAL USE PERMITS, AMENDMENTS AND
APPEALS*
Sections:
17.64.010 Scope.
17.64.020 Authority of planning director.
17.64.030 Authority of planning commission.
17.64.040 Initiation.
17.64.042 Fees.
17.64.050 Hearings—Notices.
17.64.060 Director review and approval permits and conditional use permits—Hearing—Decision
and findings.
17.64.070 Zone changes—Hearing—Decision.
17.64.080 Title 17 text amendments—Hearing—Decision.
17.64.090 Appeals—Conditional use permits and zone changes.
17.64.100 Zone changes—Council action when planning commission decision not appealed.
17.64.110 Conditions for reapplication.
* Prior history: Prior code §§ 17.60.010—17.60.140 and Ords. 2723, 2739, 2806, 2820, 2985, 3058, 3171, 3404, 3415, 3477
and 3609.
17.64.010 Scope.
The regulations set forth in this chapter shall apply to modifications, conditional use permits, the enactment of
text amendments to Title 17 and zone changes (amendments changing property from one zone to another or
changing the boundary of any zone.) (Ord. 3746 § 17, 1997)
17.64.020 Authority of planning director.
The planning director shall have authority to grant director review and approval permits, subject to appeal to
the planning commission under the provisions of this title, subject to the following:
A. Modification or waiver of:
1. Automobile parking space or loading requirements on private property, and
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2. The height, yard and lot area regulations on a lot or lots, including, but not limited to, modification of
such regulations for some or all lots within a subdivision to facilitate zero-lot-line or other typical
subdivision development, and
3. Fence, wall and hedge regulations as may be necessary to secure an appropriate improvement on a lot.
4. Multi-unit residential objective site design standards as identified in Chapter 17.14 of this Title.
B. Land use approvals as provided for within the various zone districts of this title.
C. Wireless facilities right-of-way permits for wireless telecommunication facilities proposed to be located
within the public right-of-way pursuant to Chapter 12.30 of this code. (Ord. 5020 § 1, 2020; Ord. 4876 § 3, 2016;
Ord. 3835 § 38, 1998; Ord. 3754 § 1, 1997; Ord. 3746 § 17, 1997)
17.64.030 Authority of planning commission.
The planning commission, as the advisory agency, shall have the sole authority to grant modifications of
minimum lot size standards on a lot or lots within a subdivision in the course of approval or conditional
approval of any tentative map. The hearing on any such modification shall be consolidated with the hearing on
the tentative map, shall be noticed with the notice of hearing on such map, and the commission shall not
approve such modification unless it makes the findings specified in Section 16.28.170(O). Appeal of the
commission decision on such modification shall be governed by the provisions of Chapter 16.52 of this code.
(Ord. 3746 § 17, 1997)
17.64.040 Initiation.
A. Applications for director review and approval permits shall be filed with the planning director or his/her
appointed designee on forms provided by the planning director.
B. Applications for conditional use permits shall be filed with the planning director or his/her appointed
designee on forms provided by the planning director.
C. Proceedings for redistricting of property may be initiated by the city council, planning commission,
planning director or by filing with the planning director an application signed by one or more of the record
owners of the parcel of property which is the subject of the application or an agent of the owner authorized in
writing. In the event that an application by owners involving more than one parcel of land is submitted for
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district amendment or adoption, owners of parcels representing at least sixty percent of the area involved must
sign the application. The names of all record owners of all land involved must be stated on the application.
D. Proceedings for amendment of any provisions of Title 17 of this code, other than amendments changing
property from one zone to another, may be initiated by city council action, planning commission action or
action of the city staff. (Ord. 5020 § 2, 2020; Ord. 3746 § 17, 1997)
17.64.042 Fees.
The city council shall by resolution set fees for application for director review and approval, conditional use
permits, changes of zones and for appeals from any order, requirement, decision or determination provided for
in this chapter. Such fees shall be in amounts necessary and appropriate to reimburse the city for all costs
related to the processing of and acting upon each such application or appeal. No application or appeal shall be
deemed complete until the prescribed fee has been received by the city. (Ord. 5020 § 3, 2020; Ord. 3746 § 17, 1997)
17.64.050 Hearings—Notices.
A. Procedure for Director Review and Approval Permits. Any application for a director review and approval
permit shall be considered by the planning director after it is publicly noticed in the following manner:
1. Not less than ten days before the planning director decision, a direct mailing shall be sent to the
owners and/or occupants of property located within three hundred feet of the boundaries of the project
site, as shown on the latest equalized assessment roll.
2. Notice shall also be given by first class mail to any person who has filed a written request with the
planning division. The city may impose a reasonable fee on persons requesting such notice for the
purpose of recovering the cost of such mailing.
3. Such notice shall include the following information: the name of the applicant, nature of the request,
location of the property, the environmental determination, the proposed date of “planning director
decision” (ten days from date of notice), and the appropriate method and deadline for written or verbal
comments to be submitted to the city for consideration.
4. Substantial compliance with these provisions shall be sufficient and a technical failure to comply shall
not affect the validity of any action taken pursuant to the procedures set forth in this section.
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5. Alternatively, at his/her discretion, the planning director may refer the proposed use directly to the
planning commission for a public hearing and decision. If the proposed use is referred to the planning
commission, the noticing, hearing, and planning commission appeal procedures of subsection B of this
section shall be followed.
6. For any director review and approval permit application filed in conjunction with any discretionary
application (including a conditional use permit, tentative subdivision map, etc.), the applicant shall file the
application concurrently, for review with the application requiring discretionary approval.
B. Procedure for Conditional Use Permits and Zone Changes. Upon the receipt in proper form of a complete
application for a conditional use permit, or zone change, along with the fee adopted pursuant to Section
3.70.040, the planning director shall fix a time and place of public hearing thereon in the following manner:
1. Not less than ten days before the date of such public hearing, notice of the date, time and place of
hearing, along with the location of the property and the nature of the request shall be given.
2. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to the owner of
the subject real property of the owner’s duly authorized agent, and to the project applicant.
3. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to each local
agency (if not the city) expected to provide water, sewage, streets, roads, schools or other essential
facilities or services to the project, whose ability to provide those facilities and services may be
significantly affected.
4. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to all owners of
real property as shown on the latest equalized assessment roll within three hundred feet of real property
that is the subject of the hearing. If the number of owners to whom notice would be mailed or delivered
pursuant to this subsection or subsection (B)(2) of this section is greater than one thousand, in lieu of
mailed or delivered notice, notice may be provided by placing a display advertisement of at least one-
eighth page in at least one newspaper of general circulation within the city at least ten days prior to the
hearing. Notice of hearing upon each application for a conditional use permit to allow drilling for and
production of petroleum pursuant to Chapter 15.66 of this code shall be mailed to such owners of all
property that is the subject of the hearing, and the production operator of record of subject real property as
shown in the state of California Department of Conservation, Geologic Energy Management Division
(herein CalGEM) records as of thirty days of the date of application of the conditional use permit. The
applicant shall be responsible for obtaining the operator’s name and address from CalGEM and
submitting such documentation from the division with the application for a conditional use permit.
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5. Notice shall be published in at least one newspaper of general circulation within the city at least ten
days prior to the hearing.
6. Notice shall be mailed to every person filing with the planning director a written request for notice.
7. In addition, not less than twenty days but not more than sixty days prior to the hearing on any general
plan amendment, specific plan, zone change, or conditional use permit, the applicant shall post signs on
the property indicating the date, time, and place of the hearing on the proposed general plan amendment,
specific plan, zone change, or conditional use permit.
a. One sign shall be posted for every three hundred feet of street frontage, or portion thereof, with a
maximum of two signs per street frontage. If no portion of the property fronts an existing public
street, at least one sign shall be posted on the property nearest the point of legal access from a public
street or as otherwise directed by the planning director.
b. For general plan amendment, specific plan, zone change, and conditional use permit on an
undeveloped site, the size of the signs shall be eight feet wide by four feet high. Lettering style,
formatting, mounting, and materials to be used shall be as set forth in the administrative policy
manual approved by the development services director.
c. For a conditional use permit on a developed site in all nonresidential zones, the size of the signs
shall be four feet wide by four feet high. The signs shall be posted along the street frontage, but not
in the public right-of-way. In addition, a smaller sign (e.g., eleven inches by seventeen inches), at the
discretion of the planning director, shall be placed in the window of the facility where the activity
will occur. For a conditional use permit on a developed site in a residential zone, the provisions of
Section 17.60.070(C) shall apply.
d. The applicant shall file with the planning department, on a form provided by the city,
photograph(s) of the posted sign(s) and a declaration, signed under penalty of perjury, that the
property has been posted according to the requirements of this section.
e. If the applicant fails to post the signs within the specified time, and if the photographs and
declaration are not filed with the planning department within five days of the signs being posted, the
public hearing may be postponed until the signs are posted and proof of posting has been submitted.
f. The applicant shall remove all signs posted pursuant to this section within ten days after final city
action on the general plan amendment, specific plan, zone change, or conditional use permit. Should
the applicant withdraw their application for a general plan amendment, specific plan, zone change, or
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conditional use permit, all signs posted shall be removed within ten days of the withdrawing of the
application.
g. Should the applicant fail to remove any sign within the specified time, the city may remove any
such sign and the costs thereof shall be borne by the applicant.
C. When proceedings are initiated for the amendment of any provision of this title, other than amendments
changing property from one zone to another, or changing the boundary of any zone, a public hearing shall be
held. Notice of such hearing shall be given once by publication in a newspaper of general circulation in the
city, which notice shall state the time, date and place of such hearing and a general description of the nature of
the proposed text amendment. (Ord. 5094 § 1, 2022; Ord. 5020 § 4, 2020; Ord. 4939 § 20, 2018; Ord. 4714 § 1, 2012; Ord.
4392 § 2, 2006; Ord. 4060 § 4, 2002; Ord. 3746 § 17, 1997)
17.64.060 Director review and approval permits and conditional use permits—
Hearing—Decision and findings.
A. Director Review and Approval Permit. The planning director shall render a decision on the application
within ten days after the proposed date of “planning director decision” included in the public notice, as
described in Section 17.64.050(A). The decision shall grant in modified form, conditionally grant, or deny the
requested director review and approval permit as follows:
1. Approval/Conditional Approval. In the case where no public comments in opposition to the request
have been received and the planning director is able to make the appropriate findings as noted in
subsection B of this section, the planning director will grant approval or conditional approval. For
conditional approvals, the planning director may apply conditions of approval upon the entitlement as
noted in subsection D of this section.
2. Referral to Planning Commission. In the case where public comments in opposition to the request
have been received, the planning director shall either deny or refer the proposed request directly to the
planning commission for a public hearing and decision. If the proposed use is referred to the planning
commission, the noticing and hearing procedures in Section 17.64.050(B), Hearings—Notices, shall
apply.
3. Denial. In the case where public comments in opposition to the request have been received and the
planning director is unable to make the appropriate findings as noted in subsection B of this section, the
planning director will deny the application. Such denial may be appealed per Section 17.64.090.
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B. Findings Required for Director Review and Approval Permit. A director review and approval permit shall
be granted only when it is found that:
1. The granting of such director review and approval permit would not be materially detrimental to the
public welfare, nor injurious to the property or improvements in the zone or vicinity in which the property
is located; and
2. The granting of the director review and approval permit is necessary to permit an appropriate
improvement or improvements on a lot or lots, including, but not limited to, modification of such
regulations for some or all lots within a subdivision to facilitate zero-lot-line or other atypical subdivision
development; and
3. The granting of the director review and approval permit would not be inconsistent with the purposes
and intent of Title 17 of this code.
C. Conditional Use Permit. Following the public hearing, the planning commission or city council may grant,
grant in modified form, conditionally grant, or deny the requested conditional use permit. Such decision shall
be reflected in a formal resolution containing the findings and the facts upon which the findings are based.
D. Findings Required for Conditional Use Permit. A conditional use permit shall be granted only when it is
found that:
1. The proposed use is deemed essential or desirable to the public convenience or welfare; and
2. The proposed use is in harmony with the various elements and objectives of the general plan and
applicable specific plans.
E. Conditions. The issuance of any director review and approval permit or conditional use permit pursuant to
this title may be granted subject to such conditions as may be deemed appropriate or necessary to assure
compliance with the intent and purpose of the zoning regulations and the various elements and objectives of
the general plan and applicable specific plans and policies of the city or to protect the public health, safety,
convenience, or welfare. Dedications of real property may be required and improvements of public streets shall
be in accordance with standard specifications of the city on file in the office of the city engineer.
F. Exercise of Rights. The exercise of rights granted by a director review and approval permit or conditional
use permit shall be commenced within two years after the date of the final decision.
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G. Termination of Rights. The director review and approval permit or conditional use permit shall terminate,
and all rights granted therein shall lapse, and the property affected thereby shall be subject to all of the
provisions and regulations of Title 17 of this code applicable to the zone in which such property is classified,
when any of the following occur:
1. There is a failure to commence the exercise of rights as required by subsection E of this section, or
within any duly granted extension;
2. There is a discontinuance for a continuous period of one year of the exercise of the rights granted.
H. Extension of Time. Any time limit contained in this chapter or in any decision, for good cause shown, may
be extended by the body issuing the initial conditional use permit or director review and approval permit for a
period which shall not exceed one year.
1. The property owner may request an extension of the time limit by written application to the planning
director or designee. Such application shall be filed before the expiration date of the conditional use
permit or director review and approval permit. The application shall provide reasons for extension of the
permit.
2. Upon the receipt in proper form of an application for an extension, along with the fee adopted
pursuant to Section 3.70.040, the planning director shall fix a time and place of public hearing thereon.
The hearing shall be noticed as set forth in Section 17.64.050(B).
3. Following the public hearing, the hearing body shall approve, conditionally approve, or deny
extension of the conditional use permit or director review and approval permit.
I. Revocation of Rights. The planning commission may revoke the rights granted by such director review and
approval permit or conditional use permit and the property affected thereby shall be subject to all of the
provisions and regulations of Title 17 of this code applicable as of the effective date of revocation. Such
revocation shall be for good cause, including, but not limited to, the failure to comply with conditions or
complete construction as required by subsection G of this section, the failure to comply with any condition
contained in the director review and approval permit or conditional use permit, or the violation by the owner or
tenant of any provision of the municipal code pertaining to the premises for which such director review and
approval permit or conditional use permit was granted.
1. Notice of the intent to revoke shall be given, together with the reasons therefor, either by personal
delivery to the occupant of such premises, to the owner of such premises, to any person indicated in the
permit as being entitled to exercise the permit, or by deposit in the United States mail, postage prepaid,
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addressed to such person(s) at his or her last known business or residence address as the same appears in
the records of the director review and approval permit or conditional use permit. Service by mail shall be
deemed to have been completed at the time of deposit in the post office, or any United States mailbox.
2. The decision of the planning commission shall be final, subject to appeal to the city council within ten
days after notice.
3. When a proper appeal has been filed, public hearing upon the matter shall be set before the city
council within a reasonable time after the appeal is filed.
4. Not less than ten days before the date of such public hearing, notice of the time and place of the
hearing before the body shall be given as set forth in Section 17.64.050(B).
5. On appeal, the city council may affirm the revocation, overturn the revocation or modify the order of
revocation.
6. The decision of the city council shall be final and conclusive.
J. Date of Issuance. No permit or license for any use involved in an application for a director review and
approval permit or conditional use permit shall be issued until same has become final by reason of the failure
of any person to appeal or by reason of the action of the city council. (Ord. 5020 § 5, 2020; Ord. 4913 § 1, 2017; Ord.
4681 § 1, 2012; Ord. 4557 § 1, 2009; Ord. 3746 § 17, 1997)
17.64.070 Zone changes—Hearing—Decision.
A. A public hearing shall be held and conducted by the planning commission or city council, notice of which
shall be given as set forth in subsection B of Section 17.64.050.
B. The planning commission or city council shall either approve and recommend the enactment of the
proposed amendment, disapprove it or recommend an alternative zoning district more restrictive than that
proposed.
C. If any proposed zoning is disapproved by the planning commission and no appeal is filed, such action by
the planning commission shall be final and conclusive. The disapproval of a matter initiated by the planning
commission itself shall be final, and not subject to appeal.
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D. All approvals and recommendations of zone changes by the planning commission shall be presented to the
city council for final action following public hearing by the planning commission. Matters so presented to the
city council for final action shall not require a noticed public hearing before the city council except as required
by Section 17.64.100 or unless an appeal is filed pursuant to Section 17.64.090. (Ord. 3746 § 17, 1997)
17.64.080 Title 17 text amendments—Hearing—Decision.
A. Any text amendments codified herein to this title shall require a public hearing conducted by the planning
commission or city council, notice of which shall be given as set forth in Section 17.64.050(C).
B. The planning commission or city council shall either approve and recommend the enactment of the
amendment as proposed or as altered, or shall disapprove the amendment. Any final text amendments to this
title shall be presented to city council for final action.
C. Any text amendment to this title enacted into ordinance by city council shall be done in accordance with
its normal procedure. The action of the council shall be final. (Ord. 5107 § 1, 2022; Ord. 3746 § 17, 1997)
17.64.090 Appeals—Conditional use permits and zone changes.
A. The action of the planning commission shall be final unless, within ten calendar days after the decision,
the applicant or any other person shall appeal therefrom in writing to the city council by filing such appeal with
the city clerk. A decision of the city council shall be final and conclusive.
B. The appeal shall include the appellant’s interest in or relationship to the subject property, the decision or
action appealed, and specific reasons why the appellant believes the decision or action from which the appeal
is taken should not be upheld.
C. The city clerk shall set the date for hearing the appeal. Notice of the appeal hearing shall be given as set
forth in Section 17.64.050.
D. For conditional use permits, on appeal following the hearing, the city council may grant, grant in modified
form, or deny the requested conditional use permit. The decision of the council shall be final and conclusive.
E. For zone changes, on appeal following a public hearing, the council may enact into ordinance the zoning
amendment giving rise to the appeal or any alternative zoning district more restrictive than that proposed, may
affirm any conditional approval and recommendation of the planning commission, or may decide against
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adoption of the proposed zoning ordinance amendment. The decision of the council shall be final and
conclusive. (Ord. 5020 § 6, 2020; Ord. 4086 § 1, 2002; Ord. 3746 § 17, 1997)
17.64.100 Zone changes—Council action when planning commission decision
not appealed.
A. When no appeal is filed in accordance with Section 17.64.090, the city council may enact into ordinance
any zone changes as approved and recommended by the planning commission in accordance with its normal
procedure as in the case of any other ordinance of the city.
B. If the council decides to disapprove the recommended zone change, approve a district more restrictive than
that recommended, or change any of the conditions recommended by the planning commission, the city
council shall set the matter for a noticed public hearing at the next available regular meeting for which notice,
as required in Section 17.64.050, may be published, posted and mailed.
C. At the public hearing, the city council may approve the zone change as recommended by the planning
commission, disapprove the zone change, approve a district more restrictive than that recommended or change
any of the recommended conditions.
D. No permit or license shall be issued for any use involved in an application for a change of zone until the
same has become final on the effective date of an ordinance. (Ord. 3746 § 17, 1997)
17.64.110 Conditions for reapplication.
Where an application for a zone change or conditional use permit has been finally determined by the city
council or planning commission, no reapplication or new application for the same zone change or conditional
use permit shall be considered or heard by the planning commission or city council for a period of one year.
However, where a change has occurred which, in the sound discretion of the city council or planning
commission (whichever previously made the final determination) indicates that a new hearing should be had
on an application for a zone change and where a showing has been made that the public interest would best be
served by reconsideration or new consideration, the prohibition of this subsection may be waived after a
finding by the body petitioned that the public interest would best be served by a reconsideration of a new
hearing. (Ord. 5020 § 7, 2020; Ord. 3746 § 17, 1997)
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Chapter 17.65
ACCESSORY DWELLING UNIT (ADU) AND JUNIOR ACCESSORY
DWELLING UNIT (JADU)
Sections:
17.65.010 Purpose.
17.65.020 IntentBasis for approval.
17.65.030 ApplicabilitySite plan approval required.
17.65.040 Process.
17.65.010 Purpose.
This chapter sets forth the policies and procedures for permitting accessory dwelling units and junior accessory
dwelling units as defined in Section 17.04.539 consistent with the provisions of Section 65852.2 and relevant
sections of the California Government Code as amended from time to time. (Ord. 4996 § 2, 2019; Ord. 3613 § 2,
1994)
17.65.020 IntentBasis for approval.
A. It is the intent of the City to allow and streamline the development of accessory dwelling units and junior
accessory dwelling units, and encourage the development of housing types for all economic segments of the
community and to minimize governmental constraints on residential development. The provisions of this
chapter are intended to further implement the provisions of the General Plan Housing Element and State
housing law. Furthermore, these provisions are intended to increase the supply of smaller and more affordable
housing while ensuring such housing remains compatible with the existing neighborhood. An accessory
dwelling unit may be approved by the planning director provided the proposed unit meets all of the following
conditions:
1. The lot upon which the accessory dwelling unit is being proposed must contain a proposed or existing
dwelling.
2. The floor area of the accessory dwelling unit, if attached to the existing living area, shall not exceed fifty
percent of the floor area of the existing dwelling; if detached from the existing living area, shall not exceed one
thousand two hundred square feet.
3. The accessory dwelling unit shall conform to all other development requirements of this title except
minimum lot area per dwelling.
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4. The accessory dwelling unit shall conform to the construction requirements of the building code as adopted
by the city.
5. The accessory dwelling unit shall be architecturally compatible with the main unit. Architectural
compatibility shall mean that the exterior building materials and architecture of the accessory dwelling unit
shall be the same as the materials used on the main dwelling. Architectural compatibility will be evaluated
during site plan review. (Ord. 4996 § 2, 2019; Ord. 4715 § 1, 2012; Ord. 3613 § 2, 1994)
17.65.030 ApplicabilitySite plan approval required.
A complete application for an accessory dwelling unit or junior accessory dwelling unit shall be processed and
approved in compliance with California Government Code Section 65852 et seq. Except as otherwise provided
by this Title, accessory dwelling units and junior accessory dwelling units shall be a permitted use in any zone
which allows for residential uses. This includes mixed-use zoning districts which allow residential and non-
residential land uses.No person shall construct or cause to be constructed any accessory dwelling unit without
having first complied with the provisions of site plan review as provided in Chapter 17.08 of this code. (Ord.
4996 § 2, 2019; Ord. 3835 § 39, 1998; Ord. 3613 § 2, 1994)
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17.65.040 Process.
A. A request for approval of an accessory dwelling unit shall be made by submitting a site plan review
application to the city. The request shall be made by the owner occupant of the existing dwelling unit on the lot
upon which the accessory dwelling unit will be constructed.
B. The application shall include payment of the required site plan review fee. Accessory dwelling units are
not subject to traffic impact fees or park fees, and shall pay sewer connection fees based upon the number of
fixtures.
C. Projects shall comply with all the requirements of Section 17.65.020 and the conditions of approval placed
on the project through site plan review. (Ord. 4996 § 2, 2019; Ord. 3613 § 2, 1994)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Chapter 17.66
HD (HILLSIDE DEVELOPMENT) COMBINING ZONE*
Sections:
17.66.010 Purpose and intent.
17.66.020 Applicability.
17.66.030 Maximum grade of access.
17.66.040 Development plan requirements.
17.66.060 Key box requirements.
17.66.070 Driveway requirements.
17.66.080 Fire apparatus access roads.
17.66.090 Emergency secondary access.
17.66.100 Bridges.
17.66.110 Address markers.
17.66.120 Building construction.
17.66.130 Roof repair or replacement.
17.66.135 Fencing.
17.66.140 Fire scape plant selections.
17.66.150 Defensible space.
17.66.155 Landscaping.
17.66.160 Drainage.
17.66.170 Grading.
17.66.180 Appeals.
* Prior ordinance history: Ord. 3919.
17.66.010 Purpose and intent.
A. The purpose of this chapter is to define and implement the goals and policies of the Metropolitan
Bakersfield 2010 general plan as they relate to the preservation and maintenance of hillsides as a scenic
resource of the City and to protect the general public from the threat of wildfire, hillside instability and
landslides. The HD (Hillside Development) zone district is an overlay zone. The regulations established by the
HD district are in addition to those uses allowed and the regulations of the base zone district.
B. Development projects within the HD zone shall be subject to review to ensure hillside/open space
development policies in the general plan are incorporated into the projects. In addition, the city council shall
adopt development standards by resolution or ordinance which aid in the implementation of general plan
policies and ordinances, and provide detailed written or pictorial depictions regarding policy and/or ordinance
intent.
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C. The following provisions of this chapter are intended to apply to areas zoned HD. This overlay zone will
generally be applicable to those larger contiguous areas generally having average natural slopes of eight
percent or more (see Exhibit A which is located at the end of this chapter).
D. These regulations shall be implemented when the city considers applications for grading, building permits,
parcel maps, tentative tract maps, conditional use permits, zone changes, general plan amendments and site
plan review.
1. Permit development in HD areas that minimizes erosion and geologic hazards and provides for the
protection of the public health, safety and welfare.
2. Protect views by identifying primary and secondary viewsheds, visual resource areas and slope
protection areas within the HD zone (Exhibit B-1 and B-2—Large scale exhibit available for viewing at
planning department and on the city of Bakersfield’s website: www.bakersfieldcity.us ).
These areas are defined as follows:
a. “Primary viewsheds” are those locations identified along freeways, expressways or arterial
roadways from which no structures or portions thereof are visible on a designated Class I visual
resource area for a distance of one-half mile (Illustration 1), except as may be allowed under Section
17.66.040(P)(4).
b. “Secondary viewsheds” are those locations identified along freeways, expressways or arterial
roadways from which no more than fifty percent of the height of a structural elevation is visible on a
Class II visual resource area for a distance of a mile (Illustration 2), except as may be allowed under
Section 17.66.040(P)(4).
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c. “Class I visual resources areas” are designated ridge and hilltop areas which require a structural
setback great enough so that no portion of a structure is visible from a primary viewshed
d. “Class II visual resource areas” are designated ridge and hilltop areas which require a structural
setback great enough so that no more than fifty percent of the height of a structural elevation is
visible from a secondary viewshed
e. “Slope protection areas” are those mapped slopes of fifteen percent and greater (Exhibits B-1 and
B-2) within the HD zone area that, due to physical constraints, aesthetic value and visibility from
major roadways, are to be left in their natural state with no structures or fences allowed on the slope
face. Areas identified as slope protection areas shall be identified as lettered nonbuildable lots on
subdivision maps.
3. Encourage development design that will:
a. Allow for orderly and sensitive development at a density that respects and is reflective of the natural
terrain;
b. Encourage grading techniques that blend with the natural terrain, minimize earthmoving activities,
minimize visual impacts of large cut and fill slopes, prevent erosion on the face of slopes due to drainage
and provide for the preservation of unique and significant natural landforms and ridgelines;
c. Reduce water use in slope replanting and retention by encouraging grading design that minimizes
manufactured slopes;
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d. Maximize the positive impacts of site design, grading, landscaping, and building design consistent
with the goals and policies of the general plan;
e. Maintain the integrity and natural characteristics of major landform, vegetation and wildlife
communities, hydrologic features, scenic qualities, and open space. (Ord. 4391 § 1 (Exh. A), 2006)
17.66.020 Applicability.
This overlay district shall apply to areas zoned HD (hillside development).
A. The following provisions are intended to apply to parcels or portions thereof within the HD zone.
Development subject to these regulations includes grading, building permits, parcel maps, tentative tracts,
conditional use permits, site plan reviews, general plan amendments, and zone changes. As areas are annexed
to the city and zoned HD, Exhibits A and B shall be amended as appropriate.
B. Encourage developments intending to annex to the city to conform to the standards of this chapter.
C. Exceptions. This chapter shall not be applicable to the following activities or projects:
1. Modification of or addition to any pre-existing single-unit family dwelling or accessory structure that
predates this ordinance. This exemption shall not include an increase in the number of units or change in
use;
2. Fire breaks and fire roads required by the Bakersfield fire department;
3. Recreation trails for pedestrian, equestrian, or multi-use purposes;
4. Lot line adjustments;
5. Landscaping on single-unitfamily parcels;
6. Modifications to yard, height, lot area and fence/wall regulations;
7. Public works projects determined by the city council to be necessary for the public health, safety or
welfare which, by implementation of this ordinance, would create an unfair cost to the community;
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8. Where it can be demonstrated that the imposition of the standards in this chapter would render an
existing parcel (parcel created prior to adoption of the ordinance codified in this chapter) of land
unbuildable and create a loss of all economic use, or where the development exhibits innovation and/or
exceptional community benefits which cannot be realized through imposition of the standards contained
in this chapter, development consistent with the general plan may be allowed, subject to the following
provisions:
a. The proposed development shall serve the intent and purpose of the HD zone and general plan
policies regarding hillsides.
b. The proposed development shall be subject to the approval of a planned unit development zone,
planned commercial development zone, development agreement, optional design subdivision or
specific plan. (Ord. 4391 § 1 (Exh. A), 2006)
17.66.030 Maximum grade of access.
Maximum grade of streets, public or private, and other access easements shall be determined in accordance
with “A Policy on Geometric Design of Highways and Streets,” American Association of State Highway and
Transportation Officials (AASHTO), current edition, for design of maximum grades for arterials, collectors
and local streets. (Ord. 4783 § 1, 2014; Ord. 4391 § 1 (Exh. A), 2006)
17.66.040 Development plan requirements.
The following, as applicable, shall be shown on all development plans associated with planned commercial
developments, planned unit developments, conditional use permits, tentative tracts, site plan reviews, and
applications for single-unitfamily dwellings not already reviewed as part of parcel maps or tentative tracts:
A. Topography.
B. Access road width and percent of grade.
C. Landscape and vegetation details.
D. Structure location.
E. Overhead utilities.
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F. Building occupancy class.
G. Type of ignition-resistant construction of structure.
H. Roof classification of buildings.
I. Water supply system.
J. Fuel loading and model, available from city fire department, and data to verify classification of fire-
resistive vegetation.
K. Proposed sewers.
L. Drainage concept plan.
M. As deemed appropriate by the city, at the time an applicant applies for a tentative map, conditional use
permit, site plan review, general plan amendment, zone change or grading plan approval, the applicant shall
submit the following:
1. A site or plot plan drawn to scale of one inch equals one hundred feet or larger, reflecting the
proposed project, including property lines and recorded and proposed easements, private roads, public
rights-of-way, and pad elevation of all lots;
2. A topographic map of the project site which shall also extend off-site a minimum of three hundred
feet in distance unless a greater distance is required by the city engineer to incorporate the topography of
all abutting properties as it relates to project site. The map shall be drawn at the same scale as the site plan
and shall be based on contour intervals no greater than ten feet except where steep terrain warrants a
greater contour interval as approved by the planning director;
3. A slope map of the property depicting natural slope categories of ten, fifteen, twenty, thirty and forty
percent and over with contour lines shown;
4. A preliminary grading plan prepared by a registered civil engineer which includes the height and
width of all manufactured slopes, proposed retaining wall locations and heights, proposed drainage
patterns, methods of storm water retention/detention and identification of areas that will remain in a
natural state. Off-site contours for adjacent, unimproved areas within three hundred feet of the project’s
boundaries shall be depicted. If the adjacent property is improved, pad elevations, street grades, wall
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sections and any approved or existing improvements shall be shown. Cross sections will also be required
from primary and secondary viewsheds;
5. No less than two cross sections (number to be determined by the planning director) which completely
traverse the property at appropriately spaced intervals in locations where topographic variation is the
greatest shall be prepared by a registered civil engineer. The cross sections shall clearly depict the vertical
variation between natural and finished grade and shall extend three hundred feet beyond the project
boundaries;
6. A slope erosion control/revegetation plan shall be provided with all subdivision applications, site
plans and grading plans and shall incorporate the provisions of Section 17.66.155, Landscaping;
7. In instances where roads cross or traverse natural drainage courses, design shall include natural
materials and bank protection (Illustration 3). Design treatment shall be described or diagrammed on
plans submitted;
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8. If required for fire safety, additional information on the plan beyond the property lines related to
slopes, vegetation, fuel breaks, water supply systems and access ways (driveways, secondary access, etc.)
shall be shown to the satisfaction of the fire chief.
N. In addition, the planning director, building director or city engineer may require submittal of any or all of
the following:
1. A geotechnical report which shall contain, but not be limited to, data regarding the nature, distribution
and strengths of existing soils, conclusions and recommendations for grading procedures, design criteria
for any identified corrective measures and opinions and recommendations covering the adequacy of sites
to be developed. This investigation and report shall be performed by a professional civil engineer who is
experienced in the practice of soil mechanics and who is registered with the state of California. Where the
site includes slopes exceeding 2:1, the geotechnical report shall include a slope stability analysis. If the
proposed development is in an area of concern, the report shall include the method and criteria for
mitigation of slope instability.
2. A geology report which shall include, but not be limited to, the surface and subsurface geology of the
site, degree of seismic hazard, conclusions and recommendations regarding the effect of geologic
conditions on the proposed development, opinions and recommendations covering the adequacy of the
sites to be developed, the potential of slope failure within or adjacent to the site and design criteria to
mitigate any identified geologic hazards. This investigation and report shall be completed by a certified
engineering geologist who is experienced in the practice of engineering geology and who is registered
with the state of California.
3. A drainage concept report which shall include, but not be limited to, the hydrologic conditions on the
site, possible flood inundation, downstream flood hazards, natural drainage courses, conclusions and
recommendations regarding the effect of hydrologic conditions on the proposed development, opinions
and recommendations covering the adequacy of the sites to be developed, and design criteria to mitigate
any identified hydrologic hazards consistent with these regulations. This report shall account for all runoff
and debris from tributary areas and shall provide consideration for each lot or dwelling unit site in a
proposed development project. The report shall also take into account all pre- and post-developed flows
and shall provide evidence that the proposed project will not burden adjacent and/or downstream
properties with flows and/or velocities in excess of the pre-development condition. The report will
examine the effects of drainage patterns on the erosion potential that could cause damage to planned or
existing structures and ensure that no drainage that could cause erosion will be directed to slope faces. In
addition, the drainage concept report shall show the construction phasing for the project and shall show
how the drainage through or around the project will be handled on an interim basis, including any
proposed temporary facilities. This investigation and report shall be completed by a registered civil
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engineer experienced in the science of hydrology and hydrologic investigation. The drainage concept
report is subject to the review and approval of the city engineer.
4. A computer generated three-dimensional graphic representation of the project site may be required if
deemed necessary for reason of clarity.
O. Areas identified as slope protection areas shall be identified as lettered nonbuildable lots on subdivision
maps.
P. Structures shall be set back from the top of slopes a distance which is consistent with the following:
1. Determined to possess an adequate factor of safety, as determined by the findings of a geotechnical
report required in subsection (N)(1) of this section and approved by the city; and
2. If the site is an area identified as a visual resource area, structures shall meet the visibility criteria as
established by an identified primary or secondary viewshed;
3. On buildable lots placed at the top of manufactured or natural slopes adjacent to parks or open space,
the minimum rear yard setback for above ground structures shall be twenty-five feet unless greater
setback is required pursuant to this ordinance or for public health, safety or welfare (Illustration 4);
4. The planning commission may allow a lesser setback at a public hearing associated with a subdivision
if it can be shown to the satisfaction of the city that alternative methods of viewshed protection such as
mounding, landscaping, etc., can provide for an equivalent solution to the protection of the viewshed.
Sight line distance and cross section analysis or other methodologies that provide a true representation of
alternative viewshed protection methods will be required to determine the adequacy of alternative
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viewshed protection methods. No setback shall be reduced, regardless of any alternative presented, that
does not provide an adequate setback as provided in subsection (P)(1) of this section, or as may otherwise
potentially endanger the public health, safety or welfare.
Q. To encourage consistent maintenance of slopes for erosion control and aesthetics, property lines are to be
placed at the top of manufactured or natural slopes to be left as open space, park area or natural state and shall
be located a minimum of five feet back from the top of the slope (Illustration 4). Additional setback may be
required for fire safety or to accommodate trails consistent with an adopted trails plan. (Ord. 4391 § 1 (Exh. A),
2006)
17.66.060 Key box requirements.
Driveways and access roads with private security gates shall meet the requirements of Section 15.64.320,
Section 902.2.4.3 if any part of a building is more than one hundred fifty feet from the gate entrance. (Ord. 4391
§ 1 (Exh. A), 2006)
17.66.070 Driveway requirements.
Driveways shall be at least twelve feet wide with a minimum unobstructed height clearance of thirteen feet six
inches. Driveways over one hundred fifty feet in length shall have turnarounds with a minimum turn radius not
less than thirty feet and an outside turning radius of not less than forty-five feet. Driveways in excess of two
hundred feet in length and less than twenty feet in width shall be required to have turnouts, as determined by
the fire chief, in addition to turnarounds. Turnouts shall be constructed of an all-weather road surface,
acceptable to the fire chief, at least ten feet wide by thirty feet long. In addition, driveways from any private
gates shall meet the requirements of Section 15.64.320, Section 902.2.4.3. (Ord. 4391 § 1 (Exh. A), 2006)
17.66.080 Fire apparatus access roads.
When required by the fire chief, all roads subject to fire department apparatus shall have a minimum width of
twenty feet and a minimum height clearance of thirteen feet six inches. This will accommodate the loads and
turning radius and a grade traversable by fire apparatus not to exceed the maximum as approved by the fire
chief. Dead end roads in excess of one hundred fifty feet in length must be provided with turnarounds as
approved by the fire chief. Driveways from any private gates shall meet the requirements of Section 15.64.320,
Section 902.2.4.3. (Ord. 4391 § 1 (Exh. A), 2006)
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17.66.090 Emergency secondary access.
An emergency secondary access shall be required when it is determined by the fire chief that access by a single
road might be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that
could limit ingress or egress. Plans for emergency secondary access roads shall be submitted to the fire chief
for review and approval prior to their construction and shall meet the requirements of Section 15.64.320,
Section 902.2.4.3. (Ord. 4391 § 1 (Exh. A), 2006)
17.66.100 Bridges.
Vehicle load limits must be posted at both entrances to bridges on driveways and private roads. Bridge design
loads shall be established by the public works director. (Ord. 4391 § 1 (Exh. A), 2006)
17.66.110 Address markers.
All buildings shall have a permanently posted address readily legible from the public way. Otherwise, the
address must be placed at each driveway entrance and be visible from both directions of travel. Address signs
along one way streets shall also be visible from both directions of travel. Where multiple addresses are
required at a single driveway, they shall be mounted on a post, and additional signs shall be posted at locations
where driveways divide. Where a roadway provides access solely to a single commercial or industrial business,
the address shall be placed at the nearest road intersection providing access to the site. (Ord. 4391 § 1 (Exh. A),
2006)
17.66.120 Building construction.
A. Roofs for buildings in visual resource areas shall be earth toned to blend in with surrounding landscape. In
no case shall they be highly reflective. Class A or Class B noncombustible roof covering or roof assembly
shall be required. Notwithstanding the aforementioned, no wood shake or wood shingle roofs will be
permitted. For roof coverings where the profile allows a space between the roof covering and roof decking, the
space at the eave ends shall be fire stopped to preclude entry of flames or embers. One-hour rated fire-resistive
construction shall be required for eave assemblies or noncombustible assembly approved by the fire chief and
building director. Protection shall be required on the exposed underside by materials approved for a minimum
of one-hour rated fire-resistive construction. Fascias are required and must be protected on the backside by
materials approved for a minimum one-hour rated fire-resistive construction or two-inch nominal dimension
lumber. Construction shall meet urban and wildland interface standards established by the state of California as
they apply to this area or any area developed and subject to wild land fire conditions.
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B. Exceptions: Accessory structures not exceeding one hundred twenty square feet in floor area when located
at least fifty feet from any habitable structure. Roofs shall have at least Class C roof covering, Class C roof
assembly of an approved noncombustible roof covering. No wood shake or wood shingle roofs will be
permitted for roof coverings where the profile allows a space between the roof covering and roof decking; the
space at the eave ends shall be fire stopped to preclude entry of flames or embers. Earth toned roofs are
required if within a visual resource area. (Ord. 4391 § 1 (Exh. A), 2006)
17.66.130 Roof repair or replacement.
Roof covering on buildings or structures in existence prior to the adoption of the ordinance codified in this
chapter that are replaced, or have twenty-five percent or more replaced in a twelve-month period, shall be
replaced with a roof covering consistent with Section 17.66.120. (Ord. 4391 § 1 (Exh. A), 2006)
17.66.135 Fencing.
Fencing adjacent to parks and open space shall be placed at least five feet back from the top of slope and shall
be earth tone or black in color and allow visual penetration (Illustration 4). Materials such as wrought iron and
vinyl fencing may be used. Wood fencing is not allowed in this instance. Fence location and design details
shall be submitted with development plans including subdivisions and grading plans. Solid walls may be
required adjacent to parks when deemed appropriate by the city. (Ord. 4391 § 1 (Exh. A), 2006)
17.66.140 Fire scape plant selections.
Every tract and parcel map shall contain an advisory notice within the conditions of approval recommending
that property owners use plant materials which are fire resistant. A comprehensive list is available from the
planning director and fire department. (Ord. 4391 § 1 (Exh. A), 2006)
17.66.150 Defensible space.
Maintain around and adjacent to any such building or structure a firebreak made by removing and clearing
away for a distance of no less than thirty feet on each side thereof or to the property line, whichever is nearer,
all flammable vegetation or other combustible growth. This section does not apply to single specimens of trees,
ornamental shrubbery, or similar plants which are used as groundcover, if they do not form a means of rapidly
transmitting fire from the native growth to any building or structure. (Ord. 4391 § 1 (Exh. A), 2006)
17.66.155 Landscaping.
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A. Landscape areas to be maintained by the city shall provide a mix of native
oaks/sycamores/wildflowers/shrubs and boulder clusters installed to resemble a natural distribution blending
into the surrounding area (Illustrations 5 through 7). Final plans, including irrigation system, shall be approved
by the recreation and parks department. Design content shall retain natural flora and site character as much as
possible.
Illustration 5
Illustration 6
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Illustration 7
B. Xeriscape plant selections as approved by the recreation and parks department shall be used to revegetate
disturbed areas outside of lots, unless city ordinances, resolutions, or conditions of approval state otherwise.
C. Fire retardant erosion control netting or other material approved by the city recreation and parks
department shall be installed as required by the city recreation and parks department to prevent erosion.
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D. In order to assist in protecting slopes from soil erosion and to facilitate significant revegetation, an
irrigation system approved by the public works department and recreation and parks department shall be
installed on all slopes with required planting. Components and operation of the irrigation system shall be
designed to maintain slope stability and integrity and provide the ability to monitor and maintain an irrigation
system on a slope. In all cases, the emphasis shall be toward using plant materials that will eventually not need
to be irrigated. Water and energy conservation techniques shall be utilized including, but not limited to, such
items as drip irrigation and alluvial rockscape. (Ord. 4391 § 1 (Exh. A), 2006)
17.66.160 Drainage.
All proposed drainage facilities shall respect the natural terrain, preserve existing major drainage channels in
their natural state or enhance them to create riparian type systems that provide for drainage and for
diversification of plant and animal life and be designed in such a manner as to minimize soil erosion and to
otherwise preserve the public health, safety and welfare. The following standards shall apply to all lands
subject to this chapter in addition to the requirements of Title 16, Subdivision.
A. The overall drainage system shall be completed and made operational at the earliest possible time during
construction in accordance with the approved drainage concept report.
B. When deemed necessary by the city engineer, the applicant shall enter into a grading improvement
agreement, securing each phase of grading and drainage facility construction. Such security shall be sufficient
to install the required drainage facility, to restore the grading area to a safe and stable condition, and to
revegetate the cut or fill slopes or provide other permanent erosion control measures.
C. Other than for street gutters, all drainage shall be conveyed within closed conduits unless otherwise
approved by the city engineer. Analysis and design of erosion control measures shall be approved by the city
engineer. (Ord. 4391 § 1 (Exh. A), 2006)
17.66.170 Grading.
A. All new cut and fill slopes exceeding ten feet in height on the perimeter of a subdivision adjacent to parks,
open space or arterial and collector streets, and interior to a subdivision adjacent to parks and open space shall
be contour graded (Illustrations 8 and 9) so that their ultimate appearance will resemble a natural slope.
Contour grading shall consist of a combination of slope curvature, as well as variable slope gradients along the
length of the slope. The building director shall have the final determination that the final grading plan retains
as much natural slope as possible considering the proposed improvements and other required codes.
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B. Grading shall reflect the natural contour of the existing terrain. The following grading standards shall
apply to all land subject to this article, in addition to the grading requirements of the governing document
currently in use:
1. Extensive grading shall be discouraged;
2. Where grading is necessary, the following principles of contour grading shall be employed:
a. Graded slopes on the exterior of subdivisions shall be rounded and shaped to simulate the natural
terrain,
b. Grading shall follow the natural contours as much as possible,
c. Graded slopes shall blend with naturally occurring slopes at a radius compatible with the existing
natural terrain,
d. Graded slopes outside the public right-of-way and maintained by a homeowners association shall
be revegetated with at least a mixture of native grass seed or shrubs as recommended by the
recreation and parks department. Planting may be waived by the recreation and parks department for
slopes that, due to the amount of rock material or poor soil, will not support plant growth. In this
case, alternative methods of protection and/or aesthetic mitigation may be examined or required at
the discretion of the recreation and parks department,
e. For graded slopes within the public right-of-way or publicly maintained landscape easements, an
erosion control and landscaping concept plan shall be submitted to the recreation and parks
department for approval,
f. Unless a flatter slope is otherwise recommended in a soil investigation, the steepest manufactured
slope allowed shall not exceed 2 unit horizontal to 1 unit vertical. All manufactured slopes steeper
than 5 unit horizontal to 1 unit vertical shall have a type of slope protection as approved by the city
engineer, building official and/or the recreation and parks department (as applicable),
g. Only slopes within public rights-of-way or easements constructed to city standards and accepted
for maintenance by the city shall be maintained by a city maintenance district. All other slopes shall
be maintained by the property owner or private association unless approved by the recreation and
parks department. (Ord. 4391 § 1 (Exh. A), 2006)
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17.66.180 Appeals.
A. A determination by staff of the provisions of this chapter may be appealed to the planning commission.
The action of staff shall be final unless, within ten days of their decision, the applicant or any other person
appeals in writing to the planning commission by filing such appeal with the planning director and paying
appropriate fees.
B. A determination by the planning commission pursuant to this chapter may be appealed to the city council
pursuant to the appeals procedures of Chapter 16.52 of this code in the case of subdivision map approvals, or
Chapter 17.64 of this code, in the case of director review and approval, conditional use permits, or zone
changes.
C. On appeal, the city council or planning commission may grant modifications from the provisions of this
chapter where the appellant clearly demonstrates a practical difficulty in carrying out a specified provision. In
granting the modification, the city council or planning commission shall first find that the strict application of a
specified provision is impractical and that the modification is in conformance with the intent of this chapter,
that the modification does not lessen any fire protection or other public safety requirements and/or serves to
protect views as required by this chapter. (Ord. 5020 § 26, 2020; Ord. 4391 § 1 (Exh. A), 2006)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
EXHIBIT A
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Chapter 17.68
NONCONFORMING USES, STRUCTURES AND LOTS
Sections:
17.68.010 Purpose.
17.68.020 Legal nonconforming structures.
17.68.030 Legal nonconforming uses.
17.68.040 Changes or expansion to legal nonconforming uses.
17.68.050 Legal nonconforming lots.
17.68.060 Structures/uses under construction.
17.68.070 Effect of annexation.
17.68.080 Determination of nonconforming status—Burden of proof.
17.68.090 Illegal nonconforming structures and uses.
17.68.100 Nonconforming signs, parking and landscaping.
17.68.010 Purpose.
This chapter specifies the manner in which legal nonconforming uses and structures may or may not continue.
It is intended to prevent such uses or structures from expanding except under certain circumstances. It also
establishes criteria by which such uses or structures may be abated or removed in an equitable, reasonable, and
timely manner without infringing on the constitutional rights of property owners. (Ord. 3741 § 4, 1997)
17.68.020 Legal nonconforming structures.
A legal nonconforming structure may be continued and maintained as follows:
A. A legal nonconforming structure may be restored if it is involuntarily damaged or destroyed by fire, other
catastrophic event, or the public enemy, up to its pre-damage size and placement. However, the property on
which the restored structure is situated shall be subject to all other current ordinances. Building permits for
reconstruction shall be obtained within two years and be completed within three years of the date of the
damage.
B. A legal nonconforming structure or any part of it that is voluntarily destroyed or removed, shall lose all
nonconforming status for any part or parts affected and may not be reconstructed.
C. A legal nonconforming structure may be increased in area or volume if the addition complies with this title
and the most recent city adopted Building Code.
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D. A legal nonconforming structure may be used for any use that conforms to the zone district in which it is
located and complies with the most recent city adopted Building Code. Such structure will not lose its
nonconforming status if it has been vacant for any time.
E. A legal nonconforming structure may be repaired or altered, including structural alterations to bearing
walls, columns, beams and girders. All work shall meet the requirements of the most recent city adopted
Building Code.
F. A legal nonconforming accessory structure may be used or converted to any use consistent with the zoning
district in which it is located, and the most recent city adopted Building Code. Such structure will not lose its
nonconforming status if it has been vacant for any time. (Ord. 4715 § 1, 2012; Ord. 4559 § 1, 2009; Ord. 3741 § 4,
1997)
17.68.030 Legal nonconforming uses.
A legal nonconforming use may be continued and maintained as follows:
A. No increase in intensity, or of the area, space, or volume occupied or devoted to a legal nonconforming
use, except as allowed under Section 17.68.040, shall be permitted.
B. Change of ownership, tenancy or management of a legal nonconforming use shall not affect its legal
nonconforming status, provided the specific use and intensity of use do not change, except as allowed under
Section 17.68.040.
C. A legal nonconforming use that has ceased or been abandoned for a continuous period of one year or more
shall lose its nonconforming status, and the continued use of that property or structure shall conform to the
regulations of the zone district in which it is located, except as allowed under Section 17.68.040. If the legal
nonconforming use is cultivated agricultural land that is fallow for longer than the one-year period but no more
than a contiguous period of three years, it is not considered abandoned if it is part of a managed agricultural
operation where such land is planned for continued cultivation.
D. If a legal nonconforming use involves the keeping of animals, then the number of animals, types of
animals, minimum lot area for animals, or other standards for the keeping of animals not in conformance with
the zone district in which they are located, may be continued until the owner or occupant removes them for a
continuous period of one year or more.
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E. Additional uses are allowed on property that contains a legal nonconforming use provided those uses meet
all requirements and regulations of the zone district in which they are located, and do not result in the
nonconforming use expanding as restricted in subsection A of this section.
F. If a legal nonconforming use is converted to a conforming use, no previous nonconforming use may be
resumed.
G. Repairs and alterations may be made to structures containing legal nonconforming uses, including
structural alterations to bearing walls, columns, beams and girders. All work shall meet the requirements of the
most recent city adopted Building Code.
H. A structure containing a legal nonconforming use may be restored up to its pre-damaged size and density
if it is involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy. However, the
property on which the restored use is situated shall be subject to all current ordinances. Building permits for
reconstruction of the structure shall be obtained within two years and be completed within three years of the
date of damage if the use is reestablished.
I. A legal nonconforming use where no structure is involved may be restored up to its pre-damaged size and
density if it is involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy.
However, the property on which the restored use is situated shall be subject to all other current ordinances. The
use shall be reestablished within one year of the date of the damage. (Ord. 4715 § 1, 2012; Ord. 3741 § 4, 1997)
17.68.040 Changes or expansion to legal nonconforming uses.
The planning commission or city council may allow changes or expansions to legal nonconforming uses as set
forth in subsections A through D of this section. They shall use the procedures adopted for conditional use
permits according to Chapter 17.64 of this code, except that they shall make findings set forth in subsection E
of this section.
A. A legal nonconforming use may be changed to another nonconforming use of the same or more restrictive
nature.
B. A structure occupied by a legal non-conforming use that has ceased or been abandoned according to
Section 17.68.030(C) may be permitted to be used for the same or more restrictive use if the structure cannot
be used for any use consistent with the zone district in which it is located.
C. A legal nonconforming use may be enlarged, expanded, or extended when such use is necessary due to
economic market demands for the goods, products, or services provided.
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D. Time restrictions specified in Sections 17.68.020(A), 17.68.030(C), 17.68.030(H), or 17.68.060 may be
extended.
E. The planning commission or city council shall make the following findings regarding changes or
expansions to legal nonconforming uses:
1. The proposed change or expansion of the legal nonconforming use is essential and/or desirable to the
public convenience or welfare.
2. The proposed change or expansion of the legal nonconforming use is consistent with the intent and
purpose of the ordinance that caused the use to become nonconforming.
3. The change or expansion of the nonconforming use will have a positive impact on the surrounding
conforming uses and the area overall.
4. Other property where the use would be conforming is unavailable, either physically or economically.
5. No other appropriate remedies are available to bring the use into conformance, including amending
the zone district boundary and/or zoning ordinance text. (Ord. 5020 § 27, 2020; Ord. 3741 § 4, 1997)
17.68.050 Legal nonconforming lots.
A. Any lot that was legally created before the effective date rendering it nonconforming may be used or
developed if the use or development conforms to the regulations of the zone district in which it is located.
B. The city shall not issue a permit for any construction on a lot created that violated the subdivision and/or
zoning ordinances in effect at the time of the property division, and which continues to be violating present
subdivision and/or zoning ordinances. (Ord. 3741 § 4, 1997)
17.68.060 Structures/uses under construction.
Any structure for which the city has issued a building permit that is still in effect, or any conforming use or
building which was legally under construction before the effective date of any ordinance rendering the
structure or use nonconforming, may be completed and used according to approved plans, specifications or
permits as follows:
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A. For nonconforming uses, the use shall be commenced within one year of the effective date of the
ordinance rendering such use nonconforming.
B. For nonconforming structures, the structure shall be completed within two years of the effective date of the
ordinance rendering such structure nonconforming. (Ord. 3741 § 4, 1997)
17.68.070 Effect of annexation.
Any use, structure, or lot that was lawfully established according to the regulations of Kern County that
becomes nonconforming by virtue of annexation into the city, will be considered legal nonconforming. (Ord.
3741 § 4, 1997)
17.68.080 Determination of nonconforming status—Burden of proof.
The party asserting a right to continue a nonconforming use or structure has the burden of proof to establish its
lawful and continuing existence. (Ord. 3741 § 4, 1997)
17.68.090 Illegal nonconforming structures and uses.
Nothing in this chapter shall permit the continuation of illegal nonconforming structures or uses. Illegal
nonconforming structures or uses are unlawful and a public nuisance, and shall be immediately removed or
abated according to Chapter 17.72 of this code. (Ord. 3741 § 4, 1997)
17.68.100 Nonconforming signs, parking and landscaping.
This chapter does not regulate nonconforming signs, parking requirements, or landscaping standards. These
specific standards are found within their respective chapters as follows:
A. Nonconforming signs—Chapter 17.60 of this code;
B. Nonconforming parking—Chapter 17.58 of this code;
C. Nonconforming landscaping—Chapter 17.61 of this code. (Ord. 3835 § 40, 1998; Ord. 3741 § 4, 1997)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Chapter 17.69
ADULT ENTERTAINMENT BUSINESSES*
Sections:
17.69.010 Purpose.
17.69.020 Definitions.
17.69.030 Development requirements.
17.69.040 Separation and distance requirements.
17.69.060 Exterior display.
17.69.070 Regulations nonexclusive.
* Prior ordinance history: Ordinances 2877, 2926 and 2943.
17.69.010 Purpose.
A. It is found, and experience has demonstrated, that certain adult-oriented businesses, because of their very
nature, are recognized as having significant deleterious secondary effects on the community which include, but
are not limited to: depreciated property values and increased vacancy in residential and commercial areas in
the vicinity of the adult-oriented businesses; higher crime rates, noise, debris or vandalism in the vicinity of
adult-oriented businesses; and blighting conditions such as low-level maintenance of commercial premises and
parking lots which thereby have a deleterious effect upon adjacent areas. The concentration of such uses
substantially contributes to blighting and downgrading adjacent residential and commercial areas. Special
regulation of these businesses is necessary to preserve the integrity of existing commercial areas of the city and
of residential areas in close proximity to such commercial uses. In furtherance of the public interest and
general welfare, the primary purpose of this chapter is to deconcentrate and to prevent the concentration of
these businesses in any one area. It is neither the intent, nor effect of this chapter to impose limitations or
restrictions on the content of any communication material. Similarly, it is neither the intent, nor effect of this
chapter to restrict or deny access by adults to sexually-oriented materials or merchandise protected by the First
Amendment, or deny access by the distributors or exhibitors of adult-oriented business to their intended
market.
B. Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or
maintenance of any business, building or use which violates any city ordinance or any statute of the state
regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the
exhibition or public display thereof. (Ord. 4108 § 1, 2003; Ord. 2961 § 1, 1985)
17.69.020 Definitions.
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It is the purpose of this section, together with its subsections, to provide clear and concise definitions of those
words, terms and phrases most commonly utilized in the regulations and provisions of this chapter, in order to
assist in the uniform interpretation of those regulations and provisions and to ensure uniformity in their
application. The following terms shall have the definitions ascribed below:
A. “Adult bookstore” means any establishment, which as a regular and substantial course of conduct, displays
and/or distributes sexually-oriented material and sexually-oriented merchandise, books, periodicals,
magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or
visual representations which are distinguished or characterized by an emphasis on a matter depicting,
describing or relating to specified sexual activities or specified anatomical parts.
B. “Adult cabaret” means a nightclub, bar, lounge, restaurant or similar establishment or concern which
features as a regular and substantial course of conduct, any type of live entertainment, films, motion pictures,
videos, slides, other photographic reproductions, or other oral, written, or visual representations which are
characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or
specified anatomical parts.
C. “Adult hotel/motel” means a hotel or motel, which as a regular and substantial course of conduct provides
to its patrons, through the provision of rooms equipped with closed-circuit television or other medium,
material which is distinguished or characterized by the emphasis on matter depicting, describing or relating to
specified sexual activities or specified anatomical parts and which rents, leases, or lets any room for less than a
twelve-hour period and/or rents, leases or lets any room more than once in a twenty-four-hour period and
which advertises the availability of any of the above.
D. “Adult model studio” means any premises where as a regular and substantial course of conduct, there is
furnished, provided or procured a figure model or models who pose in any manner which is characterized by
its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical
parts for the purpose of being observed or viewed by any person or being sketched, painted, drawn, sculptured,
photographed, filmed, or videotaped before any person who pays a fee, or any other thing of value, as a
consideration, compensation, or gratuity for the right or opportunity to so observe the model or remain on the
premises. Adult model studio shall not include any live art class or any studio or classroom which is operated
by any public agency, or any private educational institution authorized to issue and confer a diploma or degree
under Section 94300 et seq. of the Education Code.
E. “Adult motion picture arcade” means any business establishment or concern which as a regular and
substantial course of conduct provides, for a fee, the use of manually or electronically controlled still, motion
picture or video machines, projectors, computer generated or displayed images or other image producing
devices which serve less than 5 persons at any one time and are maintained to display images distinguished or
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characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or
specified anatomical parts [machines, devices or other contraptions].
F. “Adult entertainment business” means any business establishment or concern which as a regular and
substantial course of conduct performs as an adult bookstore, adult theater, adult motion picture arcade, adult
cabaret, stripper, adult model studio, adult motel/hotel; or any other business establishment or concern which
as a regular and substantial course of conduct offers to its patrons products, merchandise, services or
entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual
activities or specified anatomical parts. “Adult entertainment business” does not include those uses or
activities, the regulation of which is preempted by state law. “Adult entertainment business” shall also include
any business establishment or concern which, as a regular and substantial course of conduct provides or allows
performers, models, actors, actresses, or employees to appear in any place in lingerie or similar attire which
does not opaquely cover specified anatomical parts. For the purposes of this section, a business establishment
or concern has established the provision of products, merchandise, services or entertainment characterized by
an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical
parts as a regular and substantial course of conduct when one or more of the following conditions exist:
1. The area devoted to sexually-oriented merchandise and/or sexually-oriented material exceeds more
than twenty-five percent of the total display area or floor space area open to the public;
2. The business establishment or concern presents any type of live entertainment which is characterized
by an emphasis on specified sexual activity or specified anatomical parts at least four times in any
calendar month in any given year,
3. Twenty-five per cent of the businesses revenues are derived from the provisions of services or
merchandise characterized by an emphasis on specified sexual activity or specified anatomical parts.
G. “Adult motion picture theater” means a business establishment or concern with one or more viewing
rooms with the capacity for fifty or more persons which, as a regular and substantial course of conduct,
presents for any form of consideration films, motion pictures, videos, slide photographs, computer generated or
displayed images or other pictures or visual reproductions which are distinguished or characterized by their
emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical
parts.
H. “Adult mini-motion picture theater” means a business establishment or concern with one or more viewing
rooms with the capacity of more than five, but less that fifty persons, where, for any form of consideration,
films, motions pictures, video cassettes, slides, computer generated or displayed images or similar graphic
reproductions are shown and material whose dominant or predominant character and theme is the depiction of
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specified sexual activities or specified anatomical areas for observation is shown on any ten or more days in a
thirty consecutive day period.
I. “Live art class” means any premises on which all of the following occur: there is conducted a program of
instruction involving the drawing, photographing, or sculpting of live models exposing specified anatomical
parts; instruction is offered in a series of at least two classes; the instruction is offered indoors; an instructor is
present in the classroom while any participants are present; and pre-registration is required at least twenty-four
hours in advance of participation in the class.
J. “Performer” means any dancer, model, entertainer, and/or other person who publicly performs any
specified sexual activities or publicly display any specified anatomical part in adult entertainment businesses.
K. “Sexually-oriented material” means any element of sexually-oriented merchandise, or any book,
periodical, magazine, photograph, drawing, sculpture, motion picture film, or other written, oral, or visual
representation characterized by an emphasis on matter depicting, describing, or relating to specific sexual
activities or specified anatomical parts. This definition also includes, but is not limited to sexual novelties
depicting, designed or shaped as specified anatomical parts or which depict specific sexual activities.
L. “Sexually-oriented merchandise” means sexually-oriented implements and paraphernalia, such as, but not
limited to: dildos, auto sucks, sexually-oriented vibrators, edible underwear, benwa balls, inflatable orifices,
anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually-oriented
devices which are designed or marketed primarily for the stimulation of human genital organs or sado-
masochistic activity.
M. “Specified anatomical parts” means:
1. Less than completely and opaquely covered human genitals; pubic region; buttocks; or female breast
below a point immediately above the top of the areola; or
2. Exposed human male genitals or human male genitals in a discernibly turgid state, regardless of
whether they are completely and opaquely covered.
N. “Specified sexual activities” means:
1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation,
bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a
sexual relationship, or the use of excretory function in the context of a sexual relationship, any of the
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following depicted sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia,
cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or
2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
3. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or
4. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or
5. Masochism, erotic or sexually-oriented torture, beating or the infliction of pain; or
6. Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being;
or
7. Human excretion, urination, menstruation, vaginal or anal irrigation.
8. Striptease or any act involving the public removal of clothing to the point where specified anatomical
parts are displayed; or the public appearance of any person in a state where specified anatomical parts
displayed, or the public appearance of any person where specified anatomical parts are only covered by
attire commonly referred to as pasties or a G-string, or any other opaque covering which does not expose
the areola or nipples of the female breast, and while covering the natal cleft and pubic area covers less
than one inch on either side of the entire length of the natal cleft and two inches across the pubic area. For
the purposes of this definition, appearance in “public” shall include a situation when a single employee,
agent or other non-patron of the adult entertainment business is in the presence of a single patron of the
adult oriented business. (Ord. 4108 § 1, 2003; Ord. 3066 § 1, 1986; Ord. 2961 § 1, 1985)
17.69.030 Development requirements.
Uses permitted by this chapter shall be subject to all applicable development standards, requirements and
restrictions of the zone district in which it is located. (Ord. 4108 § 1, 2003; Ord. 3835 § 41, 1998; Ord. 2961 § 1, 1985)
17.69.040 Separation and distance requirements.
A. In those zoning districts where adult entertainment businesses are regulated by this chapter would
otherwise be permitted uses, it shall be unlawful to conduct, establish or relocate any such business:
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1. Within one thousand feet of any property zoned for residential use whether or not located within the
city;
2. Within one thousand feet of any other adult entertainment business whether or not located within the
city;
3. Within one thousand feet of any public or private school whether or not located within the city,
excluding any vocational or professional school or any college;
4. Within one thousand feet of any developed park or public playground, of any public library, or of any
church or other religious facilityinstitution which people regularly attend to hold religious services or
meetings whether or not located within the city.
B. The distances specified in this section shall be measured in a straight line, without regard to intervening
structures, from the nearest point of the parcel of real property upon which the adult entertainment business is,
or is to be, located to the nearest point of the parcel of real property or land use zone boundary line from which
the proposed land use is to be separated.
C. The above notwithstanding, an adult entertainment business lawfully operated at any particular location on
the date of adoption of this Ordinance shall not be required to comply with the requirements of this section
17.69.040 except to the extent that such business seeks to relocate to another location or seeks to expand the
existing business. (Ord. 4108 § 1, 2003; Ord. 3712 § 1, 1996; Ord. 3680 § 1, 1995; Ord. 3677 § 1, 1995; Ord. 3066 § 2, 1986;
Ord. 2961 § 1, 1985)
17.69.060 Exterior display.
No adult entertainment business shall be conducted in any manner that permits the observation of any material
depicting, describing, or relating to specified sexual activities or specified anatomical areas from any public
way or from any location outside the building or area of such business. This provision shall apply to any
display, decoration, sign, show window, or other opening. (Ord. 4108 § 1, 2003; Ord. 2961 § 1, 1985)
17.69.070 Regulations nonexclusive.
The regulations set forth in this chapter are not intended to be exclusive and compliance therewith shall not
excuse noncompliance with any other regulations pertaining to the operation of adult entertainment businesses
set forth elsewhere in this code. (Ord. 4108 § 1, 2003; Ord. 2961 § 1, 1985)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Chapter 17.70
CERTIFICATE OF OCCUPANCY
Sections:
17.70.010 Requirements.
17.70.010 Requirements.
No vacant land shall be occupied or used, and no building hereafter erected, structurally altered, or moved,
shall be occupied or used until a certificate of occupancy has been issued by the building department.
A. After construction and before occupancy of any building or project, the building director or his/her
authorized representative shall inspect the development to determine whether the building permit, approved
site plan or other project approval and any conditions thereon have been complied with. If so, he/she shall
issue a certificate of occupancy; if not, he/she shall order corrections. The development shall not be occupied
until the certificate of occupancy is issued.
B. 1. Certificates of occupancy for the use of vacant land, or the change in the use of land as provided in this
section, shall be applied for before any such land is occupied or used for any purpose except that of tilling the
soil and the growing therein of farm, garden or orchard products, and a certificate of occupancy shall be issued
within ten days after the application has been made, provided such use is in conformity with the provisions of
this title.
2. Certificates of occupancy shall state that the building, or proposed use of a building or land, complies
with all the building and health laws and ordinances and with the provisions of this title. A record of all
certificates shall be kept on file in the office of the building department and copies shall be furnished on
request, to any person having a proprietary or tenancy interest in the building or land affected. No fee
shall be charged for an original certificate; for all other certificates or for copies of any original
certificates fees shall be as set forth in Chapter 3.70 of this code.
C. Certificates of occupancy for nonconforming uses existing at the time of the passage of the ordinance
codified in this title or any amendment thereto shall be issued by the building department, and the certificate
shall state that the use is a nonconforming use and does not conform with the provisions of this title.
D. No permit for excavation for any building shall be issued before application has been made for a certificate
of occupancy. (Ord. 3964 § 48, 2000; Ord. 3835 § 42, 1998; prior code § 17.72.010)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Chapter 17.71
OUTDOOR LIGHTING
Sections:
17.71.010 Purpose.
17.71.020 Applicability.
17.71.030 General standards.
17.71.040 Additional standards for specific uses.
17.71.050 Energy conservation.
17.71.060 Exemptions.
17.71.070 Prohibitions.
17.71.080 Fixture diagrams.
17.71.010 Purpose.
The purpose of this chapter is to minimize light trespass, excessive glare and sky glow caused by inappropriate
or misaligned light fixtures. Properly designed lighting will provide the proper amount of illumination
appropriate for the required task that will not cause unpleasant or adverse effects upon adjacent properties, and
will enhance nighttime views of the sky. These standards will:
A. Promote a safe and pleasant nighttime environment for businesses, residents and visitors;
B. Protect and improve public safety and security;
C. Prevent nuisances caused by unnecessary light intensity, glare, and light trespass;
D. Protect the ability to view the night sky by restricting unnecessary upward projection of light;
E. Enhance the aesthetics of the built environment and protect the character of the natural environment; and
F. Promote energy conservation. (Ord. 4617 § 6, 2010)
17.71.020 Applicability.
A. The provisions of this chapter apply to the illumination of an outside area or object by any manmade
device located outdoors that produces light by any means.
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
B. All outdoor lighting fixtures installed on private and public property after the effective date of the
ordinance codified in this chapter shall comply with these standards.
C. This chapter does not apply to interior lighting. However, overly bright inside light emitted outdoors from
any structure, including through the roof, will be subject to control by this chapter if it is determined by the
code enforcement manager that it creates a nuisance to adjacent properties, negatively impacts safe travel
along streets, or contributes to sky glow.
D. All existing outdoor lighting fixtures legally installed and operative before the effective date of the
ordinance codified in this chapter are not subject to these requirements. However, the code enforcement
manager may at any time require appropriate action be taken in accordance with this chapter if it is determined
that lighting from any outdoor fixtures creates a nuisance to adjacent properties or negatively impacts safe
travel along streets.
E. At such time changes or modifications occur on the site that necessitate a site plan review pursuant to
Chapter 17.08 of this code or other discretionary approval, the decision-making body shall determine whether
some or all the requirements of this chapter will be implemented under said approval.
F. When existing lighting fixtures are replaced, replacement fixtures and light emanating from them shall
meet the requirements of this chapter.
G. All governmental agencies, including their security facilities which operate within the city limits, should
comply with the provisions of this chapter. (Ord. 5122 § 1, 2023; Ord. 4635 § 1, 2010; Ord. 4617 § 6, 2010)
17.71.030 General standards.
The following standards shall apply to all outdoor lighting installed after the effective date of the ordinance
codified in chapter:
A. Outdoor lighting must be fully shielded and aimed downward. Fully shielded denotes lighting fixtures that
are shielded, focused, or constructed so that light rays do not project horizontally or vertically. The shield must
be arranged in such a manner that light rays emitted from the device or fixture, whether directly from the lamp
or indirectly from the fixture, are projected below the horizontal plane at the lowest point on the fixture where
the light is emitted. The light must be aimed to ensure that the illumination is only pointing downward onto the
ground surface with no escaping light permitted to contribute to sky glow by shining upward into the sky.
Examples of acceptable and unacceptable lighting fixtures are shown in Section 17.71.080.
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
B. Post-top luminaries, which may also be referred to as period lighting or historical lighting, shall have built-
in reflectors that effectively eliminate up-lighting.
C. Any outdoor lighting that shines onto adjacent property or streets that produce a nuisance or disabling
glare, or that is above the horizontal plane, shall not be permitted.
D. Light trespass that extends beyond the property or project boundaries within or adjacent to residentially
zoned and/or designated properties shall not exceed an intensity level of 0.5 foot-candles at the property line as
measured three feet above the ground or finished grade. This light intensity maximum shall also apply to lands
zoned and/or designated agriculture, parks, and open space.
E. Light fixtures mounted under a canopy shall be recessed so that lighting is fully shielded by either the roof
or canopy fascia and is projected below the horizontal plane as stated in subsection A of this section.
F. Up-lighting is only permitted if it is effectively contained and will not shine beyond the intended target
into the night sky. Containment of lighting may include, but is not limited to, overhanging architectural
elements such as eaves or awnings, or landscaping such as dense shrubs or dense evergreen tree canopies.
G. Outlining of a building by means of neon, LED or other lighting shall be effectively contained to not shine
into the night sky. Containment of lighting may include, but is not limited to, overhanging architectural
elements such as eaves or awnings, or use of backlighting techniques.
H. Existing fixtures may be adapted to comply with this chapter by adding a properly designed shield or by
pointing any upward-mounted, shielded fixture downward towards the ground surface.
I. Lighting sources, fixtures and related structures shall be maintained in sound operating condition at all
times. Maintenance shall include, but is not limited to, replacement of broken lenses, burned out light sources,
adjustments to fixture tilt, cleaning of fixtures and lenses, painting of standards, and replacement or
adjustments to shields and/or baffles.
J. All fixture installations shall meet the most recent applicable regulations of the Building Code, the
Electrical Code, Title 24, and any other related health, safety, and energy codes as they pertain to lighting and
light fixtures as adopted by the city. (Ord. 5122 § 2, 2023; Ord. 4715 § 1, 2012; Ord. 4617 § 6, 2010)
17.71.040 Additional standards for specific uses.
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
In addition to the general standards contained in Section 17.71.030, the following shall apply to the specific
use identified below:
A. Parking Lots and Garages.
1. Lighting shall be in accordance with the provisions in Section 17.58.060(B).
B. Outdoor Performance, Sports, and Recreation Facilities.
1. Where playing fields or other special activity areas are to be illuminated, lighting fixtures shall be
mounted, aimed, and shielded so that their beams fall within the primary playing area and immediate
surroundings within the project site. Illumination should be no greater than the minimum recommended
levels established by the Illuminating Engineering Society of North America (IESNA) for the type of
activity. Illumination should also meet, without exceeding, the IESNA recommendations for the IESNA
defined illumination class appropriate for the predominant use of the facility.
2. The main lighting shall be turned off within one hour or as soon as possible following the end of an
event. Where feasible, a low level lighting system may be used immediately following events to facilitate
patrons leaving the facility, cleanup, maintenance, and other closing activities.
3. Because lighted fields and other lighted outdoor facilities may also be subject to discretionary
approval, operational regulations, and the standards in this chapter may be further restricted, modified or
otherwise conditioned by the planning commission or city council. (Ord. 5020 § 28, 2020; Ord. 4617 § 6, 2010)
17.71.050 Energy conservation.
Incorrect installations, poor choice of fixtures, and over-lighting can result in unnecessarily high energy costs.
The following recommendations are intended to encourage the efficient use of energy for lighting purposes:
A. All nonessential outdoor commercial and residential lighting should be turned off after business hours
when it is not necessary for public safety or when an activity needing such light is not in use.
B. Lighting levels may be reduced after hours to provide minimal visibility without compromising security.
C. Where practical, outdoor lighting installations should include timers, dimmers, sensors, or photocell
controllers that turn the lights off during daylight hours to reduce overall energy consumption and eliminate
unnecessary lighting. Sensor activated fixtures should not be triggered by activities off the subject property.
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
D. When selecting new outdoor lighting, the full cost of operation over the life of the fixture(s) should be
considered. Substantial annual energy savings may be realized by using quality efficient fixtures and light
sources, the lowest wattage for the intended task, and alternative sources of power such as wind or solar, when
feasible.
E. Indiscriminate and excessive lighting should be avoided. Light should be directed only where it is needed,
when it is needed, with the appropriate intensity. (Ord. 4617 § 6, 2010)
17.71.060 Exemptions.
The following are exempt from the provisions of this chapter:
A. Traffic control signals and devices;
B. Temporary emergency related lighting (e.g. fire, police, utility repair);
C. Moving vehicle lights;
D. Navigation lights (e.g., airports, heliports, radio/television towers);
E. Signs in conformance with Chapter 17.60 of this code;
F. Seasonal decorations provided they are not in use longer than sixty consecutive days;
G. Temporary or periodic events with temporary lighting as approved by the city (e.g., rodeos, revivals, fairs,
fiestas, carnivals). Permanent lighting installations must conform to the requirements of this chapter;
H. Lighting on any single-unitfamily residentially zoned lot, or multiple-unitfamily residentially zoned lot
that contains four units or less;
I. All outdoor light fixtures lawfully installed and operating prior to the effective date of the ordinance
codified in this chapter. This exemption shall not apply if an existing light fixture is replaced. The addition of
supplementary shielding and/or re-aiming of existing fixtures that shine direct illumination or visible glare
beyond the property line where the fixture is installed are encouraged;
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
J. Decorative low voltage (12V) lighting used to highlight driveways, landscaping, artwork and buildings
providing they are properly aimed and shielded to not shine visible glare into the public right-of-way or onto
adjacent or nearby properties;
K. Flag poles with the United States, state, foreign or municipal flags displayed by fully shielded top-
mounted light. If up-lighting is used, it shall be placed as close to the base of the pole as possible with a narrow
cone or spread focused to minimize light spill into the night sky or onto adjacent properties;
L. Temporary lighting for television or movie film productions, roadway or utility construction or building
construction. Permanent lighting installations must conform to the requirements of this chapter;
M. Emergency exiting or other public safety related lighting under the applicable California Code;
N. Underwater lighting to illuminate swimming pools, and other water features provided they meet all
required Building, Electrical and other safety codes as adopted by the city. (Ord. 4715 § 1, 2012; Ord. 4617 § 6,
2010)
17.71.070 Prohibitions.
A. No outdoor lighting fixture may resemble a traffic signal or be operated in such a manner as to constitute a
hazard or danger to persons for safe vehicular and pedestrian travel.
B. Lighting that is oriented upward, except as otherwise permitted by this chapter.
C. Searchlights, beacons, and laser source lights, except as permitted by the city under a special event permit
in accordance with Section 17.60.070(B).
D. Lights that blink, flash, move, and revolve, except as otherwise permitted by the Bakersfield Municipal
Code.
E. Permanent lighting directed at or into the Kern River or natural areas. (Ord. 4617 § 6, 2010)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
17.71.080 Fixture diagrams.
(Ord. 4617 § 6, 2010)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Chapter 17.72
ENFORCEMENT
Sections:
17.72.010 Designated.
17.72.010 Designated.
A. It shall be the duty of the code enforcement division, fire department, and/or police department to enforce
this title as set forth herein. Pursuant to the provisions of California Penal Code Section 836.5, any officer or
employee of the building department of the city holding the position of building inspector III or higher may
enforce the provisions of Title 17 of the Bakersfield Municipal Code and Chapter 2, Part 3, Division 13 of the
California Health and Safety Code (Section 19100 et seq.) and may arrest a person without a warrant whenever
that officer or employee has reasonable cause to believe that the person to be arrested has committed a
misdemeanor in his or her presence which is a violation of any law which he or she has the duty to enforce. All
departments, officials and public employees of the city, vested with the duty or authority to issue permits or
licenses, shall conform to the provisions of this title and shall issue no permit or license for uses, buildings or
purposes in conflict with the provisions of this title; and any such permit or license issued in conflict with the
provisions of this title shall be null and void.
B. The provisions of this title shall be interpreted and administered by the planning commission whose
inspectors or authorized representatives shall have the right to enter upon any premises affected by this title for
purposes of inspection.
C. Any building or structure erected or maintained, or any use of property, contrary to the provisions of this
title shall be and the same is unlawful and a public nuisance and the city attorney shall immediately commence
actions and proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law;
and shall take such other steps, and shall apply to any court as may have jurisdiction to grant such relief as will
abate or remove such building, structure or use and restrain and enjoin any person, firm or corporation from
erecting or maintaining such building or structure, or using any property contrary to the provisions of this title.
D. This title may also be enforced by injunction issued out of the Superior Court upon the suit of the city or
the owner or occupant of any real property affected by such violation or prospective violation. This method of
enforcement shall be cumulative and in no way affect the penal provisions of this code. (Ord. 4924 § 1, 2017; Ord.
3004 § 2, 1985; prior code § 17.76.010)
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Chapter 17.73
REASONABLE ACCOMMODATION
Sections:
17.73.010 Purpose.
17.73.020 Applicability.
17.73.030 Procedures.
17.73.040 Approval findings.
17.73.050 Conditions of approval.
17.73.060 Appeals.
17.73.010 Purpose.
The purpose of this chapter is to provide a procedure for individuals with disabilities to request reasonable
accommodation in seeking equal access to housing under the Federal Fair Housing Act and the California Fair
Employment and Housing Act (hereafter “Acts”) in the application of zoning laws and other land use
regulations, policies, and procedures. (Ord. 5044 § 1, 2021)
17.73.020 Applicability.
A. A request for reasonable accommodation may be made by any person with a disability or their
representative, when the application of a requirement of this zoning code or other city requirement, policy, or
practice acts as a barrier to fair housing opportunities. For the purposes of this chapter, a “person with a
disability” is any person who has a physical or mental impairment that limits or substantially limits one or
more major life activities, anyone who is regarded as having such impairment or anyone who has a record of
such impairment. This chapter is intended to apply to those persons who are defined as disabled under the
Acts.
B. A request for reasonable accommodation may include a modification or exception to the rules, standards,
and practices for the siting, development, and use of housing or housing-related facilities that would eliminate
regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.
C. A reasonable accommodation is granted only to the household that needs the accommodation and does not
apply to successors in interest to the site.
D. A reasonable accommodation may be granted in compliance with this chapter without the need for the
approval of a variance. (Ord. 5044 § 1, 2021)
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17.73.030 Procedures.
A. A request for reasonable accommodation shall be submitted on an application form provided by the
development services department or in the form of a letter to the development services director, and shall
contain the following information:
1. The applicant’s name, address, and telephone number;
2. Address of the property for which the request is being made;
3. The current use of the property;
4. The basis for the claim that the individual is considered disabled under the Acts, including verification
of such claim;
5. The zoning code provision, regulation, or policy from which reasonable accommodation is being
requested; and
6. Why the reasonable accommodation is necessary to make the specific property accessible to the
individual.
B. If the project for which the request for reasonable accommodation is being made requires some other
discretionary approval (including conditional use permit, design reviewdirector’s review and approval permit,
etc.), then the applicant shall file the information required by subsection A of this section for concurrent review
with the discretionary application for discretionary approval.
C. A request for reasonable accommodation shall be reviewed by the development services director. If no
approval is sought other than the request for reasonable accommodation, the director shall make a written
determination within forty-five days of the application being deemed complete and either grant, grant with
modifications, or deny a request for reasonable accommodation.
D. A request for reasonable accommodation submitted for concurrent review with another discretionary land
use application shall be reviewed by the planning commission. The written determination on whether to grant
or deny the request for reasonable accommodation shall be made by the planning commission in compliance
with the applicable review procedure for the discretionary review. (Ord. 5044 § 1, 2021)
17.73.040 Approval findings.
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The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts
and shall be based on consideration of the following factors:
A. Whether the housing in the request will be used by a person with a disability under the Acts;
B. Whether the request for reasonable accommodation is necessary to make specific housing available to a
person with a disability under the Acts;
C. Whether the requested reasonable accommodation would impose an undue financial, administrative or
enforcement burden on the city;
D. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of
a city program or law, including but not limited to land use and zoning;
E. Potential impact on surrounding uses;
F. Physical attributes of the property and structures; and
G. Other reasonable accommodations that may provide an equivalent level of benefit. (Ord. 5044 § 1, 2021)
17.73.050 Conditions of approval.
In granting a request for reasonable accommodation, the development services director or his/her designee, or
the planning commission as the case might be other body in whom decision making responsibility is vested
under the provisions of this code, may impose any conditions of approval deemed reasonable and necessary to
ensure that the reasonable accommodation would comply with the findings. The conditions shall also state
whether the accommodation granted shall be removed in the event that the person for whom the
accommodation was requested no longer resides on the site. (Ord. 5044 § 1, 2021)
17.73.060 Appeals.
A. Any person dissatisfied with any action of the development services director pertaining to this chapter may
appeal to the planning commission within ten days after written notice of the director’s decision is sent to the
applicant by filing a written notice of appeal with the city clerk and shall specify the reasons for the appeal and
the grounds asserted for relief.
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B. Any person dissatisfied with any action of the planning commission pertaining to this chapter may appeal
to the city council within ten days after the rendition of the decision of the planning commission by filing a
written notice of appeal with the city clerk and shall specify the reasons for the appeal and the grounds asserted
for relief. If any request for a reasonable accommodation is disapproved by the planning commission and no
appeal is filed, such action by the planning commission shall be final and conclusive.
C. The city council shall, by resolution, adopt and from time to time amend a fee for the filing of appeals.
Such fee shall be for the sole purpose of defraying costs incurred for the administration of appeals. The fee for
an appeal shall be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless
the prescribed fee has been paid.
D. If an appeal is not filed within the time or in the manner prescribed in this section, the right to review of
the action against which the appeal is made shall be deemed to have been waived.
E. After filing an appeal, the city council shall conduct a public hearing for the purpose of determining
whether the appeal of the decision of the planning commission should be granted or denied. Written notice of
the time, date and place of hearing shall be given to the appellant, and to any other persons who have filed a
written request for notice. Such notices shall be mailed to the appellant and to any other persons who have
filed a written request for notice at least ten days prior to the hearing. Any hearing may be continued from time
to time. A decision of the city council shall be final and conclusive. (Ord. 5044 § 1, 2021)
The Bakersfield Municipal Code is current through Ordinance 5142, passed September 27, 2023.
Disclaimer: The city clerk has the official version of the Bakersfield Municipal Code. Users should contact the
city clerk for ordinances passed subsequent to the ordinance cited above.
City Website: www.bakersfieldcity.us
City Telephone: (661) 326-3000
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