HomeMy WebLinkAboutORD NO 2200 ORDINANCE NO. 2200 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ADDING SECTION 17.08. 232, 17.08. 234,
17.08.236, 17.08.238, 17.08.545, AMENDING SECTION
17.12.050 AND ADDING CHAPTER 17.46 TO TITLE 17 OF
THE MUNICIPAL CODE, ADDING DEFINITIONS, DESIGNAT-
ING NEW ZONES AND PROVIDING REGULATIONS FOR FLOOD
PLAIN ZONING WITHIN THE CITY.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
That Section 17.08.232 is hereby added to Chapter 17.08
of Title 17 of the Municipal Code of the City of Bakersfield as
follows:
17.08.232 Flood~ Intermediate Regional. The flood having an
average frequency of occurrence of once in 100 years which is deter-
mined from an analysis of flood records and computed hydrographs of
synthetic floods. This flood is used herein for determining the
lateral boundaries of the flood plain area to be subject to flood
plain regulations.
SECTION 2.
That Section 17.08.234 is hereby added to Chapter 17.08
of Title 17 of the Municipal Code of the City of Bakersfield as
follows:
17.08.234 Flood Plain. The relatively flat area adjacent to the
Kern River, in the City of Bakersfield, which may be subject to
periodic inundation by flood.
SECTIO~ 3. ~
That Section 17.08.236 is hereby added to Chapter 17.08
of Title 17 of the Municipal Code of the City of Bakersfield as
follows:
17.08.236 Flood Plain Primary. The stream bed and that portion
of the adjacent flood plain through which the main water flow is
channelized during floOding conditions.
SECTION 4.
That Section 17.08.238 is hereby added to Chapter 17.08
of Title 17 of the Municipal Code of the City of Bakersfield as
follows:
17.08.238 Flood Plain SecondarY. The fringe of the flood plain
within the boundaries of the intermediate regional flood which is
subject to a less severe and less frequent inundation than found in
the flood plain primary in times of flooding, generally where
inundation is caused by overflow and backwater which is relatively
free of any current.
SECTION 5.
That Section 17.08.545 is hereby added to Chapter 17.08
of Title 17 of the Municipal Code of the City of Bakersfield as
follows:
17.08.545 Stream Bed. That portion of the flood plain through
which the natural flow of water is channelized during normal flows.
SECTION 6.
That Section 17.12.050 of Chapter 17.12 of Title 17 of
the Municipal[ Code of the City of Bakersfield is amended to read
as follows:
17.12.050 Designation of Zones. The several classes of zones
into which the City is divided are designated as follows:
R-1 One-Family Dwelling Zone
R-S S~urban Residential Zone
R-S-lA Suburban Residential - One Acre Minimum Lot Size Zone
R-2 Limited Multiple-Famil% Dwelling Zone
(Minimum Lot Area - 2500 ~.
R-3 Limited Multiple-Family Dwelling Zone
(Minimum Lot Area - 1250 sq. ft.)
R-4 Multiple-Family Dwelling Zone
(Minimum Lot Area - 600 sq. ft.)
C-O Commercial and Professional Office Zone
C-1 Limited Commercial Zone
C-2 Commercial Zone
C-C Civic Center Zone
M-1 Light Manufacturing Zone
M-2 General Manufacturing Zone
A Agriculture Zone
P Automobile Parking Zone
CH Church Zone
Hosp. Hospital Zone
D Architectural Design Zone
FP-P Flood Plain Primary Zone
FP-S Flood Plain Secondary Zone
W Oil Well Zone
TT Travel Trailer Park Zone
MH Mobilehome Zone
P.U.D. Planned Unit Development Zone
SECTION 7.
That Chapter 17.46 is hereby added to Title 17 of the
Municipal Code of the City of Bakersfield as follows:
Chapter 17.46
FLOOD PLAIN ZONES
Sections:
17.46.010 FP-P Flood Plain Primary Zone
17.46.020 Purpose and Application
17.46.030 Uses Permitted
17.46.040 Uses Permitted Subject to Planning Director Review
and Approval
17.46.050 Uses Permitted Subject to Conditional Use Permit
17.46.060 Uses Specifically Prohibited
17.46.070 Nonconforming Structures
17.46.080 Nonapplicability of Conditional Use Permit Section
17.46.090 FP-S Flood Plain Secondary Zone
17.46.100 Purpose and Application
17.46.110 Uses Permitted
17.46.120 Uses Permitted Subject to Planning Director Review
and Approval
17.46.130 Uses Permitted Subject to Conditional Use Permit
17.46.140 Uses Specifically Prohibited
17.46.150 Nonconforming Structures
17.46.160 Nonapplicability of Conditional Use Permit Section
17.46.010 FP-P Flood Plain Primary Zone. The following regula-
tions shall apply in the FP-P flood plain primary zone unless other-
wise provided in this chapter.
17.46.020 Purpose and Application. (a) Purpose. The purpose
of the Primary Flood Plain 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 pre-
vention of encroachments by obstructions in the flood plain which
may diminish the ability of the flood plain to carry overloads
during periods of flooding. This zone is intended for application
in those areas of the City which lie within natural stream beds and
those portions of adjacent flood plains through which high velocity
water flows are channelized in times of flood.
(b) Application. 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 flood
plain area.
17.46.030 Uses Permitted. Subject to the prohibitions of
Section 17.46.060, the following uses are permitted in the FP-P Zone':
(a) Flood control channels, surface water spreading grounds,
stream bed retarding basins and other similar facilities which have
been approved by the City Engineer.
(b) Grazing, field crops, truck gardening, wildlife preserves,
horticultural[ specialties, excluding trees, and similar agricultural
or open-space uses, riding and hiking trails.
(c) P~lic utility facilities, excepting those structures for
which a conditional use permit is required under Section 17.46.050
of this chapter.
17.46.040 Uses Permitted Subject to Planning Director Review and
Approval. Subject to the prohibitions of Section 17.46.060, the
following uses may be permitted subject to'review and approval by
the Planning Director..
(a) Private or public open recreational or sporting uses or
events for a period of not to exceed one week at a time.
17.46.050 Uses Permitted Subject to Conditional Use Permit.
Subject to the prohibitions of Section 17.46.060, the following
uses may be permitted subject to conditional use permit in accordance
with the procedures provided for in Chapters 17.60 and 17.64 of this
Title:
(a) Public and private open recreational or sporting uses,
including parks, aquatic facilities, playgrounds, campgrounds,
e
golf courses, golf driving ranges, fishing and hunting clubs, all
of which involve only the open use of land without permanent struc-
tures or improvements.
(b) Parking lots, provided any grading does not significantly
restrict the carrying capacity of the primary flood plain.
(c) Public utility structures.
(d) Temporary and readily removable structures accessory to
uses permitted under Sections 17.46.030 and 17.46.040.
(e) Excavation and removal of rock, sand, gravel and other
materials.
(f) Landfills.
Said conditional use permit shall be granted only if it
is found that any building, structure or use to be constructed,
placed or maintained will be so constructed, placed, or maintained
or will be so protected by levees or other methods of flood proofing
that it will offer a minimum obstruction to flood flow and will
either be resistant to flotation or immune to extensive damage by
flooding and shall be subject to review and recommendations of the
City Engineer prior to conditional approval for the purpose of
minimizing or eliminating extensive damage by flooding and minimizing
obstruction of flood flow.
17.46.060 Uses Specifically Prohibited. The following uses
are specifically prohibited in the FP-P Zone:
(a) Ali. uses not permitted by Sections 17.46.030, 17.46.040
and 17.46.050.
(b) Human habitations.
(c) Excavations that will tend to direct flood flows out of
the natural flood plain.
(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
flood water or impair the ability of the stream bed and that portion
of the flood plain that would be used to carry floodflows, 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 con-
structed.
17.46.070 Nonconforming Structures. Structures existing on any
premises on the effective date of any application of the FP-P Zone,
which are inconsistent with the provisions thereof, will be allowed to
remain, except that:
1. Any existing structure damaged in excess of fifty (50)
per cent of its reasonable value by fire, flood, explosion, Act of
God or act of war shall be removed forthwith. Any existing structure
damaged to a degree less than fifty (50) per cent of its reasonable
value by such events may be repaired or restored subject to a
determination by the Board of Zoning Adjustment through the issuance
of a conditional use permit that such restoration and repair will
not affect the public health, safety and general welfare detrimen-
tally.
17.46.080 Nonapplicability of Conditional Use Permit Section.
Section 17.64.020 of this title shall not apply in the Flood Plain
Primary (FP-P) Zone.
17.46.090 FP-S Flood Plain Secondary Zone. The following regu-
lations shall apply in the FP-S flood plain secondary zone unless
otherwise provided in this chapter.
17.46.100 Purpose and Application. (a) Purpose. The purpose
of the Secondary Flood Plain Combining Zone shall be the protection
of life and 'property from the hazards and damages which may result
from flood waters of the intermediate regional flood. This zone
is intended for application to those areas of the City which lie with-
in the fringe area of the flood plain and are subject to less severe
inundation during flooding conditions thmn occurs in the FP-P Zone.
(b) Application. This zone is intended to be combined with
other zones and may be applied only to those areas located within
the boundaries of the intermediate regional flood which lie outside
the FP-P Primary Flood Plain Zone.
17.46.110 Uses Permitted. Subject to the prohibitions of
Section 17.46.140, the following uses are permitted in the FP-S
Zone:
A. All uses permitted by Section 17.46.030 of this chapter.
B. Single-family dwellings and accessory residential, recre-
ational and agricultural structures shall be allowed if they are
allowed in the underlying or base zone, only if they comply with
one of the following conditions:
a. The finish floor grade of any such building will be
above the Intermediate Regional Flood level; or
b. All permanent buildings will be protected from flood-
ing by dikes, levees or other flood protection works whose design
is approved by the City Engineer.
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
100 feet to any surface water source (domestic, agricultural wells,
etc.).
17.46.120 Uses Permitted Subject to Planning Director Review
and Approval. Subject to the prohibitions of Section 17.46.140,
the following uses may be permitted subject to Planning Director
review and approval:
(a) Private or public open recreational or sporting uses or
events for a period of not to exceed one week at a time.
17.46.130 Uses Permitted Subject to Conditional Use Permit.
Subject to the prohibitions of Section 1'7.46.140, the following uses
may be permitted subject to conditional use permit, in accordance
with the procedures provided for in Chapters 17.60 and 17.64 of this
Title:
(a) Alii uses allowed in the underlying or base zone which are
not allowed under Section 17.46.110 of this Chapter.
(b) Alii uses which may be permitted subject to Planning
Director approval and conditional use permit in the underlying or
base zone.
(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) Additions or structural modifications to all existing
structures and accessory structures which do not comply with the
requirements in Section 17.46.110.
(g) Public utility facilities.
(h) Drilling for the production of oil and gas and other
hydrocarbon substances and the installation and maintenance of
necessary apparatus and appurtenances incident thereto, including
storage tanks, provided that all drilling, installation and opera-
tions shall conform to all other applicable laws and regulations.
The Board of Zoning Adjustment may require conformance to all
relevant conditions set forth in Chapters 17.36 (A Zone) and
17.48 (W Zone).
(i) O~dh~fds, tree crops, ~urseries a~d si~ila~ ~g~i~ltural
uses.
Said conditional use permit shall be granted only if it
is found that any building, structure or use to be constructed or
located will be so constructed or located, or will be so protected
by levees or other methods of floodproofing, as to render them
either resistant to flotation or i~Lune to extensive damage by
flooding, and to prevent peripheral flooding of other properties as
a result of such construction or location and shall be subject to
review and recommendations by the City Engineer.
17.46.140 Uses Expressly Prohibited. The following uses are
specifically prohibited in the FP-S Zone:
(a) All uses not permitted by Sections 17.46.110, 17.46.120
and 17.46.130 of this Chapter.
(b) Landfills, improvements, developments or other encroach-
ments which will, in the opinion of the City Engineer, endanger life
or property or that will significantly obstruct the natural flow of
flood water within the intermediate regional flood elevation.
(c) Storage of floatable substances or materials which will
add to the debris load of the watercourse.
(d) Excavations that will tend to broaden the flood plain
or direct flows out of the natural flood plain.
17.46.150 Nonapplicability of Conditional Use Permit Section.
Section 17.64.020 of this Title shall not apply in the FP-S Zone.
17.46.160 Nonconforming Structures. Structures existing on any-
premises at the effective date of any application of the FP-S Zone
which are inconsistent with the provisions thereof, will be allowed
to remain, except that: repairs or restoration of any structure
damaged in excess of fifty (50) per cent of its reasonable value by
fire, flood, explosion, acts of God or war, shall be subject to the
issuance of a conditional use permit, wherein it is determined that
such restoration and repair will not detrimentally affect the public
health, safet~ and general welfare·
SECTION 8.
This ordinance shall become effective thirty 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 the 22nd day of July , 1974,
by the following vote:
AYES: COUNCItMEN BARTON, BLEECKER, HEISEY, MEDDERS, ROGERS, STRONG, TFIOMA~
NOES: COLI.~!31' M,f N: ~-~- ~r~Z. ~
A~TAtNiNG COUNCILMEN: ~ ~
CITY ~bfERK and Ex/~fficzo Clerk of
the Cbuncil of th/elCity of Bakersfield
APPROVED~~L~.~gthis 2~ d~ ~. July , ]L974
o rthe~C~ty of Bakersfield
APPROVED as to form:
CIT~-~TTORNEY o'~ the City/6~ Bakersfield
Afft avt! of osltng ( r tnanres
STATE 0F CALIFORNIA, I
ss.
County of Kern
H. E. BERGEN, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clenk of the City of Bakersfield; and
that oa ............................ _~..u....1..y......2....3.. ......................................................................... ,19..7...~... he posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on .................... ..J....u....1..y.......2....2.. .................................................... , 19.....7_..4..., which ordinance
was numberec[ ................... 22.0...o.. .................. New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ADDING SECTION 17.08.232, 17.08.234,
1.7.08.236, 17.08.238, 17.08.545, AMENDING SECTION
1.7.12.050 AND ADDING CHAPTER 17.46 TO TITLE 17 OF
THE MUNICIPAL CODE, ADDING DEFINITIONS, DESIGNAT-
ING NEW ZONES AND PROVIDING REGULATIONS FOR FLOOD
PLAIN ZONING WITHIN THE CITY.
Subscribed and sworn to before me this
.... 23r..cl.... day of ................... J..u.l_y. ............................... ,19.7.....4.. ....
.......................
Notar~ Public in and for the County of Kern, State of California
I~ Margueri Anderson
Il ~~ ~'.~,~^~',' ,',J~,.,c. C^,.,FORN,^ I!'
~JJ ~ KERN COUNTY ti'
.~J _M_..Y._C_'_O/~_MI_SSlON E;,;PIRES JUNE 24, 1978 J~