HomeMy WebLinkAboutORD NO 3751 8?5 !
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 17.53.040,
SECTION 17.53.051 AND SUBSECTIONS A, B, D
AND I OF SECTION 17.53.060 RELATING TO SITE
PLAN REVIEW.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 17.53.040 of the Bakersfield Municipal Code is hereby amended to read as
follows:
17.53.040 Definitions.
For purposes of this chapter, the words set out in this section shall have the
following meanings:
A. "Approving authority" means the authority in whom decision-making
responsibility is vested under the provisions of this chapter, including the site plan review
committee, the Board of Zoning Adjustment and the directors, to be determined in context.
B. "Certificate of occupancy" means a legal document indicating that the
const~-uction of a project conforms to the approved building plans and meets all
construction standards to qualify for use as proposed.
categories:
"Change of use" means a change from one to another of the following
2.
3.
4.
5.
6.
7.
Commercial/retail other than restaurant or convenience store;
Restaurant or convenience store
Industrial;
Multi-family residential;
Office, other than medical office;
Church;
Hospital;
8. Medical office.
9. Changes from one use to another which is substantially dissimilar, as
determined by the planning director.
D. "Class 'A' project" means:
1. Any new single-tenant commercial business with a total gross floor
area of 75,000 square feet or more;
square feet;
Any new shopping center with a gross floor area of more than 100,000
3. Any new industrial use or office building (single or multiple tenant)
consisting of any building or buildings with a total gross floor area of 300,000 square feet
or more;
4. Multi-family residential projects having 100 or more units;
5. Hotels or motels having 100 or more rooms;
6. Additions to any existing office or single-tenant commercial building
with a gross floor area of more than 75,000 square feet which increases the total gross
floor area twenty percent (20%) or more or by more than 75,000 square feet, any addition
to a shopping center which increases the shopping center to 150,000 square feet or more,
or any industrial use with a total gross floor area of more than 300,000 square feet which
increases the total gross floor area by thirty percent (30 %) or more, or by 100,000 square
feet.
7. Any project for which the applicant requests deviation from adopted
standlards and fees.
E. "Class 'B' project" means all projects requiring site plan approval other than
Class 'A' projects.
F. "Directors" means the planning director and building director for purposes
of this chapter.
G. A "parking lot" means an off-street open area and driveway thereto and within
solel!/for the parking of passenger vehicles. Such an area or portion thereof shall be
considered a parking lot whether on the same lot as another use, whether required by
code for any structure or use, and whether classified as an accessory, permitted or
conditional use.
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SECTION 2.
Section 17.53.051 of the Bakersfield Municipal Code is hereby amended to read as
follows:
17.53.051 Site plan review standards.
The City Council shall adopt development standards by resolution or ordinance, and
thesE; are the only standards which shall be applicable to site plan review and approval.
SECTION 3.
Subsections A and B of Section 17.53.060 of the Bakersfield Municipal Code
are hereby amended to read as follows:
17.53.060 Process.
A. Application. The application shall consist of a fee, based upon a schedule
adopted by the City Council, one legible copy of the application form and two legible
copies of the site plan, elevations and floor plans, and a list of off-site improvements to be
constructed to comply with city ordinances and adopted standards. Class 'A' site plans
shall also include information necessary for an initial study, as determined by the planning
direcl:or. 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, shall depict the subject parcel and contain the
information specified below. It shall indicate the location of the site, project address,
location of all existing improvements, the type and location of all proposed improvements,
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:
Location, height and material of existing and/or proposed
fences and walls;
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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;
Location and type of parking lot lighting, including pole
locations, pole height, light source, illumination level and
fixture types;
Locations and width of drive approaches;
Method of storm water disposal;
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.);
On-site drainage and method of sewage disposal;
Location of trash refuse area;
Landscaped areas in accordance with Section 17.53.061 C of
this code;
Summary of all proposed buildings including:
(1) Total gross floor area;
(2) Number of floors and square footages per floor;
(3) Existing use or uses of the building(s) and their
respective square footages;
(4) Proposed use or uses of the building(s) and their
respective square footages;
(5) Required and provided parking ratios for each building.
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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. Environmental process documentation. The applicant for a Class "A~'
project shall fill out and submit such forms and provide such information as may be
required by the planning director in satisfaction of the requirements of the California
Environmental Quality Act and City policies.
B. Procedure.
1. Acceptance. Applications shall be submitted to the planning director
or his or her designee. Within thirty days, the planning director shall determine whether
the application is complete and conforms to the provisions of Section 17.53.060A No
application shall be deemed complete unless the project for which the site plan was
prepared is consistent with the General Plan and zoning regulations of the City. If the
application does not conform to the provisions of Section 17.53.060A or is inconsistent
with the General Plan or zoning regulations, the planning director shall notify the applicant
of additional requirements. If the application is complete, he or 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 committee.
Each member of the site plan review committee shall review and comment on said
application.
3. Class 'A' project review.
Following the receipt of a complete application for a Class 'A'
site plan review, the planning director shall fix a time and place
of public hearing thereon.
Not less than ten days before the date of such public hearing,
the planning director shall give notice of the date, time, place
of hearing, location of the property, the nature of the
application and of the determination of consistency with the
zone and general plan, in the following manner:
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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 or the owner's duly authorized
agent, and to the project applicant.
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.
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. In-lieu of utilizing the
assessment roll, records of the county assessor or tax
collector which contain more recent information than
the assessment roll may be utilized. If the number of
owners to whom notice would be mailed or delivered
pursuant to this paragraph is greater than one
thousand, in-lieu of mailed or delivered notice, notice
may be provided by placing a disptay 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.
If the notice is mailed or delivered pursuant to
subsection 3, above, the notice shall also be:
(1)
Published in at least one newspaper of general
circulation within the City at least ten days prior
to the hearing; and
(2)
Mailed to every person filing with the planning
director a written request for notice. Requests
for notice must be renewed annually.
In addition to the notice required by this section, notice
of the hearing may be given in any other manner
deemed necessary or desirable by the planning
director.
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A public hearing, noticed as set forth in subsection b, above,
shall be conducted by the Board of Zoning Adjustment.
The board of zoning adjustment shall approve or disapprove
the subject site plan based on compliance with applicable
codes and standards adopted by the city council and the
recommendation of the site plan committee. Approval of the
site plan may include mitigation measures necessary for
compliance with the California Environmental Quality Act.
Disapproval shall be given only if the site plan does not
comply with adopted codes, standards or policies adopted by
the city council, or the California Environmental Quality Act.
Any action of the board of zoning adjustment approving or
disapproving a site plan, if not appealed shall be final.
4. Class 'B' project review.
a. Once the application is deemed complete, the site plan review
committee shall consider the application and related information. The committee may
require additional information of the applicant and/or make a recommendation on the
project at such time. Any recommendation shall be forwarded to the planning director for
his or her consideration and decision.
b. Decisions are made on the basis of the application, the
comrnents received from the site plan review committee members, and the codes,
standlards and policies adopted by the City Council. The planning director shall approve
the project only if he or she finds that it complies with codes, standards and policies
adopted by the City Council; provided, however, if the proposed project does not comply
with :said codes, standards or policies, or if the applicant will not agree to modifications
which bring it into compliance with said codes, standards and policies, the planning
director may disapprove the site plan. Notice of each decision shall be given by posting
a copy thereof on the bulletin board at the City of Bakersfield Development Services
Building, 1715 Chester Avenue, within three days of the date of the decision and by
mailing, within such three-day period, a copy thereof to the applicant and any person who
has requested such notice by written request filed with the planning director.
5. Final site plan approval. Upon submittal by the applicant for a
building permit on an approved site plan, the building director will transmit a copy of the
construction plans to the planning director, who will transmit said copy of the construction
plans along with the site plan review application and decision to the site plan review
committee. The site plan review committee will review the plans for compliance with site
plan review conditions set forth in the decision. If the committee determines the applicant
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has not complied with one or more of the applicable codes, standards or policies, or with
all of the conditions imposed by the planning director to mitigate CEQA impacts, then the
planning director shall, within five working days of said determination, notify the applicant
in writing. The plans will be suspended from further processing until such time as
necessary corrections are made. If the applicant does correct the plans or satisfy the
conditions of approval, the planning director shall, within ten working days of receiving the
corrections, approve the plans and return them to the building director for further
processing
6. Commencement of construction. No development or construction
based on the approved site plan may begin until the process set forth in this chapter has
been completed, the time period for appeal has expired and each other permit and license
requ~ired for the project to commence has been obtained.
7. Time extension. The time periods cited in this chapter for review
and action on the application, other than the time periods for filing an appeal, may be
extended for up to thirty days by the planning director if, in his or her opinion, additional
time is required at any stage of the review process for proper and complete review of the
proposed project. Should it be determined at any time in the process of review provided
in this Chapter that requirements of the California Environmental Quality Act have not been
satisfied and cannot be satisfied within the time periods specified, such time periods shall
be tolled for such time as is necessary to approve or certify the environmental document.
The time periods specified in this Chapter shall not be applicable to plan check procedures
of the City's building director.
D. Modification of site plan. The planning director may require the applicant to
modify the site plan to ensure that it is consistent with city ordinances and adopted
standards. Such ordinances and standards may consist of, but shall not be limited to, one
or more of the following:
1. Provisions of the subdivision ordinance;
2. Standards requiring installation of on-site and off-site improvements
(including, but not limited to, dedication of rights-of-way, street paving, sidewalks, gutters,
street lights and drainage facilities;
indus;trial zones;
Landscaping standards required of multiple-family, commercial and
4. All adopted laws, regulations, codes, ordinances and improvement
standards whether or not cited in this chapter which have application to the project,
including payment of fees and charges required thereby;
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5. Time limits within which specified improvements shall be installed.
Failure to complete installation of such improvements within the specified time limit shall
void the approved site plan.
SECTION 4.
Subsection I of Section 17.53.060 of the Bakersfield Municipal Code is hereby
amended to read as follows:
17.53.060 Process.
I. Appeal Procedure.
1. An applicant not satisfied with the decision of the planning director on
any Class 'B' project may, within ten days of the date of the decision, appeal to the City
board of zoning adjustment 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 board of zoning adjustment shall, within thirty days of the filing of
such appeal, hold a noticed public hearing thereon.
2. If any interested person is not satisfied with the decision of the Board
of Zoning Adjustment on any Class "A" or Class 'B" project, he or she may, within ten days
of thE; date of such decision, appeal in writing to the City Council, by filing a written appeal
and payment of fees with the City clerk. The City Council shall hold a noticed public
hearing on the appeal.
17.64.110
Notice of an appeal shall be given pursuant to subsection D of Section
4. On appeal to the City Council following a public hearing, the Council
may uphold or overturn the decision of the board of zoning adjustment, and may approve
or disapprove the site plan, with or without conditions. The decision of the Council shall
be final and conclusive.
5. Failure to file an appeal within the time period prescribed therefor, or
the filing of an application for a building permit following approval of a site plan
application, shall be deemed a waiver of the right of appeal.
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SECTION 5.
This Ordinance shall be posted in accordance with provisions of the Bakersfield
Municipal Code and shall become effective thirty (30) days from and after the date of its
passage.
.......... o0o .........
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on ¥N~ ~ ~ ~q7, by the
following vote:
Av~S: COI~;'!mLMEM-P, ER [;~;$;;~,;~ARSON, SMITH, McOERMOTI', RO, WLES, SULLIVAN,
A'~$%i!.,!: COUNCILMEMBER
/~SENT: COUNCILMEMBER
CITY CLERK and Ex Offici¢Clerk
Council of the City of Bakersfield
of the
APPROVED
By:
/.~;.%" ,,'"
BOB P'RICE ~'
Mayor of the City of Bakersfield
APPP, OVED AS TO FORM:
JUDY K. SKOUSEN
CITY ATTORNEY
LAURA C.
Assistant City Attorney
LCM\bsb
S:\COUNClL\ORD~SITPLAN3.ORD
--March 14, 1997
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA )
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on
the 31st day of March, 1997 she posted on the Bulletin Board at City Hall, a full, true and correct
copy of the following: Ordinance No. 3751, passed by the Bakersfield City Council at a meeting held
on the 26th day of March, 1997, and entitled:
Ordinance amending Section 17.53.040, Section 17.53.051 and
Subsections A, B, D and I of Section 17.53.060 relating to Site Plan
Review.
/s/ PAMELA A. McCARTHY
CITY CLERK of the City of Bakersfield
DEPUTY City Cle~ d ~'