HomeMy WebLinkAboutORD NO 3835 ORDINANCE NO. 3 8 3 5
AN ORDINANCE ADDING, AMENDING AND REPEALING VARIOUS
CHAPTERS AND SECTIONS OF TITLE 17 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO SITE PLAN REVIEW
WHEREAS, the purpose of the site plan review process is to assist property owners
to comply with community standards of development and to protect the health, safety and
welfare of the community through enforcement of development standards, regulations and
adopted plans of the city; and
WHEREAS, the site plan review process is discussed in several chapters and
sections of the Bakersfield Municipal Code, many of which need to be amended or
repealed to be consistent with this new site plan review ordinance; and
WHEREAS, the City Council and Planning Commission has in the past adopted site
plan review policies not previously codified in the Municipal Code; and
WHEREAS, it is appropriate that all policies to be enforced through the site plan
review process be codified within the Bakersfield Municipal Code; and
WHEREAS, for this project, the laws and regulations relating to California
Environmental Quality Act (CEQA) have been followed by the City. An initial study was
completed and it was determined that the proposed ordinance changes would not have a
significant effect on the environment and a negative declaration" was prepared in
accordance with the provisions of CEQA.
NOW, THEREFORE, BE IT HEREBY ORDAINED by the Council of the City of
Bakersfield as follows:
1. That the negative declaration is hereby approved.
2 That the text amendments to Title 17 of the Bakersfield Municipal Code are
hereby approved as follows:
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SECTION 1
Section 17.04.065 is hereby added to read as follows:
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 hereby
granted for that specific person to delegate that action to another.
SECTION 2
Section 17.04.494 is amended to read as follows:
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.
SECTION 3
Section 17.08.010 is hereby amended to read as follows:
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.
SECTION 4
Section 17.08.025 is hereby repealed.
SECTION 5
The title of Chapter 17.08 is hereby amended to read as follows:
Chapter 17.08
GENERAL REGULATIONS INCLUDING SITE PLAN REVIEW
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SECTION 6
Sections 17.08.060, 17.08.070, 17.08.080, and 17.08.090 are hereby added to read
as follows:
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.
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-l, E, R-S, R-S-1A, R-S-2.5A, R-S-5A, R-S-
10A, RH, 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;
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. Cellular antennas;
I. Metal storage containers;
J. Utility buildings and structures (unoccupied);
K Carports;
L Paint booth additions;
M. Classroom additions to churches;
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.
17.08.080 Site plan approval process.
A. Application. The application shall consist of a fee, based upon a schedule adopted
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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 storm water disposal;
f. Location of existing and/or proposed public improvements (such as curbs, gutters,
sidewalks, sewers, utility poles, fire hydrants, street lights, traffic-control signing, traffic
signal devices, specific plan lines for streets and highways, etc.);
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:
(1) Total gross floor area;
(2) Number of floors and square footage per floor;
(3,) Existing use or uses of the building(s) and their respective square footage;
(4) Proposed use or uses of the building(s) and their respective square footage;
(5) Required and provided parking ratios for each building.
k. Elevations and floor plans, including description of room use, of all proposed or
existing buildings or additions to existing buildings In the case of building additions, the
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plans shall clearly show existing and proposed areas and any areas proposed for
demolition.
4. Landscape plan. The applicant shal~ provide a landscape plan as set forth in
chapter 17.61 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 p~anning 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. 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 hereby
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 said 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
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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.
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 said 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.
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
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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 Section 17.08.080 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.
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 multi-story 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 said grade. This section 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-l, R-S, R-S-lA, E, MH, P.U.D. projects and condominium projects of a single
family 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
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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-l, R-S, R-S-lA, E, MH, P.U.D. projects and
condominium projects of a single 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, said 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.
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 said directors;
9. Separation of the multi-story building from the closest portion of the yard being
protected by a minimum distance of one hundred fifty feet measured horizontally.
SECTION 7
Section 17.14 026 is amended to read as follows:
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
B. Landscaping shall be subject to the requirements of chapter 17.61.
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ORIGINAL
B. Landscaping shall be subject to the requirements of chapter 17.61.
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.
SECTION 8
Section 17.16.026 is amended to read as follows:
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.
B Landscaping shall be subject to the requirements of chapter 17.61.
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.
SECTION 9
Section 17.18.026 is amended to read as follows:
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.
B. Landscaping shall be subject to the requirements of chapter 17.61.
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,
SECTION 10
Section 17.20 050 is amended to read as follows:
17.20.050 Additional requirements,
The following requirements shall apply to alt 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.
B. Landscaping shall be subject to the requirements of chapter 17.61.
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.
E. Commercial development proposed adjacent to property zoned or designated for
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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 combination with a solid wall, 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.
SECTION 11
Section 17.22.050 is amended to read as follows:
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.
B. Landscaping shall be subject to the requirements of chapter 17.61.
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.
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 combination with a solid wall, 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
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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.
SECTION 12
Section 17.24.050 shall be amended to read as follows:
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.
B. Landscaping shall be subject to the requirements of chapter 17.61.
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.
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 combination with a solid wall, 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.
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SECTION 13
Section 17.25.050 shall be amended to read as follows:
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,
B. Landscaping shall be subject to the requirements of chapter 17.61. Street tree
species shall be consistent with the Central City Master Street Tree Plan as adopted by
City Council Resolution No. 195-92 for those areas defined in the plan.
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.
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.
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.
SECTION 14
Section 17.26.050 shall be amended to read as follows:
17.26.050 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.
B. Landscaping shall be subject to the requirements of chapter 17.61. Street tree
species shall be consistent with the Central City Master Street Tree Plan as adopted by
City Council Resolution No. 195-92 for those areas defined in the plan.
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.
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,
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landscaping shall be required in combination with a solid wall, 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.
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.
SECTION 15
Section 17.28.035 is amended to read as follows:
17.28.035 Additional requirements.
The following requirements shall apply to all development permitted by this chapter:
A. Alt permitted and conditional uses pursuant to this chapter shall be subject to site
plan review as provided in chapter 17.08.
B. Landscaping shall be subject to the requirements of chapter 17.61.
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.
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. 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 combination with a solid wall, 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
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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.
SECTION 16
Section 17.30.035 is amended to read as follows:
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.
B. Landscaping shall be subject to the requirements of chapter 17.61.
O 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.
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. 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 combination with a solid wall, 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.
-- Page 14 of 25 Pages --
SECTION 17
Section 17.31. 040 is amended to read as follows:
17.31.040 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.
B. Landscaping shall be subject to the requirements of chapter 17.61.
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.
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. 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 combination with a solid wall, 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 fenca, 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.
SECTION 18
Subsection B of Section 17.34.020 is hereby amended to read as follows:
B. Parking lot, except for trucks of over one-ton capacity.
-- Page 15 of 25 Pages --
SECTION 19
Section 17.34.030 is hereby amended to read as follows:
17.34.030 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.
B. Landscaping shall be subject to the requirements of chapter 17.61.
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.
SECTION 20
Section 17.35.040 is hereby amended to read as follows:
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.
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.
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.
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 planning
director, to screen the 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.
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
-- Page 16 of 25 Pages --
,~R~NAL
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.
SECTION 21
Subsections F., G., and H. of Section 17.36.020 are hereby repealed.
SECTION 22
Section 17.36.030 is amended to read as follows:
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.
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.
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.
E Church uses 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 planning director, to screen the 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 an
addition of fifty percent or more to the floor area of the structure.
p:~site_plan_ord wpd
-- Page 17 of 25 Pages --
'Ok ~AKE~.,
m
O'A[GhNAL
SECTION 23
Subsection E. is hereby added to Section 17.37.030 to read as follows:
E. Permanent unlighted recreation facilities for small--scale, unorganized use such as
softball diamonds, soccer or football fields, playground equipment and tennis courts.
SECTION 24
Subsection B. of Section 17.37.040 is hereby repealed.
SECTION 25
Section 17.37.060 is hereby amended to read as follows:
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.
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.
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.
E 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.
SECTION 26
Subsections C., D., and E. of Section 17.38.020 are hereby repealed.
-- Page 18 of 25 Pages --
SECTION 27
Section 17.38.030 is amended to read as follows:
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.
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.
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.
F. Hospital uses 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 combination with a solid wall, to screen
the commercial 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.
SECTION 28
Chapter 17.40 is hereby repealed, and the official zoning maps are hereby
amended to remove all reference to this deleted zone district.
SECTION 29
The references to site plan review in Sections 17.52.030 A. and 17.52.050 B. are
hereby amended to refer to the new site plan review municipal code sections as follows:
17.52.030 A. -- change the reference from 17.53.060 A3. to 17.08.080 A.3.
17.52.050 B. -- change the reference from 17.53.060 B5. to 17.08.080 B.5.
-- Page 19 of 25 Pages --
ORIGINAL
SECTION 30
Chapter 17.53 is hereby repealed.
SECTION 31
The references to site plan review in Sections 17.54.030 A. and 17.54.050 B are
hereby amended to refer to the new site plan review municipal code sections as follows:
17.54.030 A. -- change the reference from 17.53.060 A3. to 17.08.080 A3.
17.54.050 B. -- change the reference from 17.53.060 B. 5 to 17.08.080 B.5.
SECTION 32
The reference to landscaping in section 17.58.050 D. is hereby amended to refer
to the new landscaping standards municipal code section as follows:
17.58.050 D. -- change the reference from Section 17.53.061 to Chapter 17.61.
SECTION 33
Subsection I. of Section 17.58.050 is amended to read as follows:
I. Additions or alterations to existing off-street parking facilities shall be subject to
approval pursuant to chapter 17.08 of this code.
SECTION 34
Subsection N. of Section 17.58.050 is hereby amended to read as follows:
N. 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, a minimum thickness of two inches over three inches of approved
base material with adequate drainage provided. Where the parking lot, including
driveways, drive aisles, delivery areas, and loading and unloading areas, is within ten feet
of a property line of property zoned residential, it shall be separated therefrom by a
continuous solid wall of masonry construction a minimum of six feet in height as measured
from highest adjacent grade and by a landscaped area at least seven feet in width;
however, where common, shared, or joint use of parking or drive aisles exist or will occur
between residentially zoned properties and such is recorded according to section
17.58.080, the wall and landscape separation shall not be required. Any wall located
within or along the front yard area shall not exceed a height of four feet.
P:~site_plan_ord.wpd -- Page 20 of 25 Pages --
SECTION 35
The reference to site plan review in Section 17.58.060 A.4. is hereby amended to
refer to the new site plan review municipal code section as follows:
17.58.060 A.4. -- change reference from Chapter 17.53 to Chapter 17.08
SECTION 36
Item 11. of subsection E of Section 17.60070 is hereby repealed.
SECTION 37
Chapter 17.61 is hereby added to read as follows:
Chapter 17.61
LANDSCAPE STANDARDS
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 and to reduce air,
noise and visual pollution.
17.61.020 Landscaping Required.
All projects for which site plan approval is required shall install landscaping in
accordance with the following requirements; provided however, these landscape
requirements shall not apply to projects where a current use is expanded but 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 shall determine the amount and placement of
landscaping needed to comply with this section.
17.61.030 Minimum landscape standards.
A. 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.
B. All plant material shall be maintained in a healthy condition at all times.
P:\ORD_OEQA~site_plan_ord.wpd -- Page 21 of 25 Pages -- ~K~'~,~--
ORiGINAL
Maintenance shall include, but is not limited to, programmed watering, consistent
fertilizing, weed control, cleaning, pruning, trimming, pest control and cultivating.
C. Landscape structural features shall be maintained in sound structural and attractive
condition.
D. All plant material shall be serviced by a permanently installed, electrically
automated sprinkler system.
E Replacement planting must conform to the original intent of the landscape design.
F. Installation of landscape materials shall be in accordance with commonly accepted
methods of installation.
G. Trees shall be equivalent to minimum fifteen gallon container size or larger and
shall be vigorous and healthy when planted.
H. Shrubs shall be a minimum five gallon container size or larger and shall be vigorous
and healthy when planted.
I. Live vegetative matter shall cover no less than seventy-five percent of the required
landscaped area at its maturity.
J. Where setbacks and public improvements allow, a landscaped area ten feet in width
on arterial streets and eight feet in width on collector and local streets shall be installed behind
the back of the curb or sidewalk along said street. The width of the landscape strip may be
reduced when, in the opinion of the planning director, the following conditions are met: 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.
K. Along street frontages, a tree shall be planted at a ratio of one tree per thirty-five
lineal feet, or portion thereof. Alternatively, trees may be planted in groupings which
include a number of trees equal to those required by the one tree per thirty-five foot ratio.
A minimum of one-half of the trees required along each street frontage shall be evergreen
species.
L. In parking lots provide at least one tree for each six parking spaces placed at a
maximum of sixty-five foot intervals.
M. Parking lot trees shall be installed and thereafter maintained throughout the parking
area to ensure that thirty percent of the parking lot will be shaded based on calculating
ninety percent of the tree species mature shade area.
N. 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 paragraph L.
O. Of the total number of trees required in the parking area and for the entire project,
thirty percent shall be evergreen species.
P. In addition to the trees referenced in paragraphs L, M., and N., evergreen 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 spaced no further apart than thirty feet on center.
p:~site plan ord.wpd -- Page 22 of 25 Pages --
ORIGINAL
Q. Landscaping and irrigation shall be installed in compliance with any approved site
plan or other project approval prior to final inspection or occupancy.
17.61.040 Landscape Plan Requirements.
A. A workable scale (preferred -- one inch equals ten feet or larger) and north arrow;
Property lines, overhead and underground power easements;
Dimensions;
Location of all trees and shrubs. Mature tree head diameter shall be depicted to
C.
D.
scale;
E.
F.
Existing and proposed structures;
Existing natural features (note on plan to be removed or retained);
G. Landscape drainage plan (showing method of water removal from the landscape
areas);
H. A plant specification list must be submitted:
1. Keyed to the plan,
2. Estimated sizes at planting and at maturity,
3. Head diameter of trees at maturity 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 (excluding trees required as buffer in section 17.6t .030 P.).
8. Botanical and common plant names.
SECTION 38
Subsection C. of Section 17.64.020 C. is hereby repealed.
SECTION 39
The reference to site plan review in Section 17.65.030 is hereby amended to refer
to the new site plan review municipal code section as follows:
17.65.030 -- change the reference from Chapter 17.53 to Chapter 17.08.
SECTION 40
The reference to nonconforming landscaping in Section 17.68.100 C. is hereby
amended to refer to the new landscaping municipal code section as follows:
17.68.100 C. -- change the reference from Chapter 17.53 to Chapter 17.61.
-- Page 23 of 25 Pages --
SECTION 41
Section 17.69030 is hereby amended to read as follows:
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
SECTION 42
Subsection A. of Section 17.70.010 is hereby amended to read as follows:
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.
SECTION 43
Resolutions 57-82, 113-83, 21-85 and 137-85 which were previously adopted by
Council to establish policies to be enforced through the Site Plan Review process are
hereby repealed because the above ordinance amendments and previously adopted
ordinances incorporate those policies into the ordinance itself.
SECTION 44
This Ordinance shall be posted in accordance with provisions of the Bakersfield
Municipal Code and shall become effective thirty days from and after the date of its
passage.
p:\oRD_CEQA~site_plan_ord.wpd
.......... 000 ..........
-- Page 24 of 25 Pages --
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 MAY 0 6 19~
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER ~ ~.~-~
APPROVED: ~MAY 0 6 ~
CITY OF BAI~ERSFIELD
CITY CLERK and EX OFFICIO (~the
Council of the City of Bakersfield
APPROVED AS TO FORM:
JUDY K. SKOUSEN
CITY ATTORNEY
/
By:
April 17, 1998
-- Page 25 of 25 Pages --
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
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 11th day of May ,1998 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 3835 , passed by the
Bakersfield City Council at a meeting held on the 6th day of May. 1998 , and entitled:
AN ORDINANCE ADDING, AMENDING AND REPEALING
VARIOUS CHAPTERS AND SECTIONS OF TITLE 17 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO SITE
PLAN REVIEW.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Clerk
S:\DOCUM ENT~AOPOSTING
May 11, 1998
ORIG!NA[