HomeMy WebLinkAboutORD NO 4236ORDINANCENO.
AN ORDINANCE AMENDING CHAPTERS 17.20, 17.22, 17.24,
17.28, 17.30, 17.31, AND 17.58 OF TITLE 17 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
COMMERCIAL AND INDUSTRIAL SETBACK REQUIREMENTS
AND PARKING LOT LIGHTING
WHEREAS, the City of Bakersfield initiated a proposal to amend Title17 of
the Bakersfield Municipal Code; specifically, amending various sections in Chapters 17.20,
17.22, 17.24, 17.28, 17.30, 17.31, and 17.58 of Title 17 of the Bakersfield Municipal Code
relating to commercial and industrial setback requirements and parking lot lighting; and
WHEREAS, the Planning Commission through its Secretary set Thursday,
May 3, 2001at the hour of 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun
Avenue, Bakersfield, California, as the time and place for a public hearing before said
Commission on said ordinance, and notice of the public hearing was given in the manner
prescribed in the Municipal Code and the California Government Code; and
WHEREAS, the Planning Commission adopted Resolution No. 56-01
recommending approval of the proposed ordinance amendments and forwarded its
recommendation to the City Council; and
WHEREAS, the City Council through its City Clerk set Wednesday, June 27,
2001 at the hour of 7:00 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue,
Bakersfield, California, as the time and place to consider said ordinance; and
WHEREAS, the City Council referred the matter to their Planning and
Development Committee to discuss the issue of raising wall height requirements between
commercial/industrial development and residential zones from six feet to seven feet; and
WHEREAS, on January 27, 2005, the Planning and Development Committee
reviewed the Planning Commission's recommendation and recommended deletion of the
increase of wall height requirements from six feet to seven feet, and recommended adoption of
the remaining ordinance changes as recommended by the Planning Commission; and
WHEREAS, the City Council through its City Clerk set Wednesday, March 9,
2005 at the hour of 6:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue,
Bakersfield, California, as the time and place to consider the revised ordinance; and
WHEREAS, the ordinance was found to be exempt from the provisions of
CEQA and the law and regulations as set forth in CEQA and the City of Bakersfield's CEQA
Implementation Procedures have been duly followed by city staff and this Council; and
WHEREAS, the City Council, at said public meeting, considered the
ordinance, all relevant facts, public testimony, and the Council adopted the findings made by
the Planning Commission as contained in the Commission's Resolution.
ORIGINAL
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
SECTION 1.
Section 17.20.090 is hereby amended to as follows:
Rear yard requirements in a C-O 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.
SECTION 2,
Section 17.22.090 is hereby amended to as follows:
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 tot, such rear yard may be
measured to the center of the alley.
C. In alt 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.
SECTION 3.
Section 17.24.090 is hereby amended to as follows:
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.
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SECTION 4.
Section 17.28.050 is hereby amended to as follows:
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.
B. All buildings used exclusively for dwelling purposes shall comply with the
provisions of the R-4 zone.
SECTION 5.
Section 17.28.060 is hereby amended to as follows:
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.
SECTION 6.
Section 17.28.070 is hereby amended to as follows:
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.
SECTION 7.
Section 17.30.050 is hereby amended to as follows:
Front yard requirements in an M-2 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 th~x~
provisions of the R-4 zone.
SECTION 8.
Section 17.30.060 is hereby amended to as follows:
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 not be required.
D. All buildings used exclusively for dwelling purposes shall comply with the
provisions of the R-4 zone.
SECTION 9.
Section 17.30.070 is hereby amended to as follows:
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.
SECTION 10.
Section 17.31.070 is hereby amended to as follows:
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.
SECTION 11.
Section 17.31.080 is hereby amended to as follows:
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.
D. All buildings used exclusively for dwelling purposes shall comply with the
provisions of the R-4 zone.
SECTION 12.
Subsection A. of Section 17.58.060 is hereby amended to as follows:
A. 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:
Illumination shall be generally distributed across the parking area.
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 require use of
glare shields or baffles for glare reduction or control of backlight.
Light poles, standards, and fixtures, including bases or pedestals,
shall not exceed a height of forty feet. Light sources located 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.
Lighting soumes, 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.
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 necessitates a site plan review pursuant to Chapter 17.08, the
Planning Director or designee shall determine whether some or all
said provisions will be implemented under the approved site plan.
SECTION 13.
This ordinance shall be posted in accordance with the Bakersfield Municipal
Code and shall become effective thirty (30) days from and after the date of its passage.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on
~AR .q (1 201~5 , by the following vote:
NOES:
ABSTAIN:
COUNClLMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRtVNER
COUNClLMEMBER
COUNCILMEMBER
ABSENT: COUNCIl. MEMBER
PAMELA A. McCARTHY, CM~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
ORk*~NA~
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS,
County of Kern )
PAMELA A. McCARTHY, being duly swom, 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 , 2005 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4236 , passed by the
Bakersfield City Council at a meeting held on the 30th day of March, 2005 and
entitled:
AN ORDINANCE AMENDING CHAPTERS 17.20, 17.22, 17.24,
17.28, 17.30, 17.31, AND 17.58 OF TITLE 17 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO COMMERCIAL AND INDUSTRIAL
SETBACK REQUIREMENTS AND PARKING LOT LIGHTING
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
DEPUTY~City ~rk
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4/7/2005