Loading...
HomeMy WebLinkAboutORD NO 4391 ORDINANCE NO. AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING CHAPTER 17.66, HD, HILLSIDE DEVELOPMENT COMBINING ZONE OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE ,"891 WHEREAS, Northeast Bakersfield contains topographic and geoiOgicil features~----u unique to the City of Bakersfield; and WHEREAS, said features are worthy of protection from viewshed, aesthetic, erosion and stability impacts which are associated with some development practices; and WHEREAS, the proposed amended ordinance mitigates such impacts through the protection of identified visual resource areas, viewsheds, setbacks, landscaping and application information requirements; and WHEREAS, the Metropolitan Bakersfield General Plan Open Space Element goal, policies and implementation measure are as follows: Goal: "Conserve and enhance the unique aspects of open space within the planning area." that end, four of the ten policies adopted in the General Plan's Open Space Element address hillside development: Policies: Policy 2: Development of the ridgelines within the planning area should consider natural aesthetic value and topographic constraints. Policy 3: Hillside development should exhibit sensitivity and be complimentary to the natural topography. Policy 4: Require the use of grading techniques in hillside areas that preserve the form of the natural topography and ridgelines. Policy 6: Development on or adjacent to bluff areas should complement the aesthetic integrity of such areas. Implementation Measure: Implementation 2: Hillside Management Ordinance for the City of Bakersfield regulates development in areas of excessive slope in Northeast Bakersfield. Kern County's existing ordinance will be augmented as necessary; and WHEREAS, the Metropolitan Bakersfield General Plan Open Space policies support the protection of topographic features and views unique to the area and development of an ordinance to accomplish this goal; and WHEREAS, preparation of the attached amendment to the Hillside Development Combining Zone included consultation with qualified professional engineers experienced with hillside development, review of similar regulations from over 29 other jurisdiction located in California and the western United States; professional planning design documents; and public comments submitted to the City of Bakersfield; and 1 ~ 'Of>.,/{c1> <:> ~ ,)... - ..... m _ r- o c;:, ORIGINAL WHEREAS, the City Council through its Clerk set October 11, 2006, at the hour of 6:30 p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time and place for the Council to hold a public hearing and consider the proposed ordinance; and WHEREAS, the Planning Commission, through its Secretary, did set, THURSDAY, June 2, 2005 at 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 Planning Commission to hear testimony on said ordinance amendment, and notice of the public hearing was given in the manner provided in Title Seventeen of the Bakersfield Municipal Code; and WHEREAS, testimony in support, in opposition and other comments on said proposed ordinance amendment were given during the June 2, 2005 hearing; and WHEREAS, the Planning Commission referred the comments from the June 2, 2005 hearing to staff for review and if needed, response; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures, have been duly followed by City staff and the Planning Commission; and and WHEREAS, a Negative Declaration was advertised and posted on May 18, 2006; WHEREAS, the Planning Commission, through its Secretary, did set, THURSDAY, July 6, 2006 at 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 Planning Commission to hear testimony on said ordinance amendment, and notice of the public hearing was given in the manner provided in Title Seventeen of the Bakersfield Municipal Code; and WHEREAS, testimony in support, in opposition and other comments on said ordinance amendment were given during the July 6, 2006 hearing, after which the hearing was closed to public testimony; and WHEREAS, the Planning Commission continued the hearing until August 14, 2006 and August 17, 2006 at which time the Planning Commission continued the hearing until September 5,2006 and September 7,2006; and WHEREAS, the Planning Commission continued the hearing on September 5, 2006 and September 7, 2006 at which time the Planning Commission considered all written and verbal testimony and comments submitted by the public, and responses to those comments presented by staff; and WHEREAS, at said public hearings held June 2,2005, July 6,2006, August 14, 2006, August 17, 2006, September 5,2006 and September 7,2006 the amendment to Bakersfield Municipal Code 17.66 HD, Hillside Development Combining Zone, was duly heard and considered, and the Planning Commission found as follows: 1. All required public notices have been given. 2. The provisions of CEOA have been followed. Based upon an initial study environmental assessment, staff has determined that the proposed project will not significantly affect the physical environment and the issuing a Negative Declaration for the project is adequate. 2 ~ 'Of>.,/{c1> <:> ~ ,)... - ..... m _ r- o 0 ORIGINAL 3. The project proposes an amendment to a City ordinance implementing the Metropolitan Bakersfield General Plan policies regarding hillside development and supports the protection of topographical features and views unique to Northeast Bakersfield. 4. The proposed amendment to the Hillside Development Combining Zone permits development in hillside areas subject to a variety of factors which will ensure the health, welfare, and safety of the public. 5. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the State of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-referenced absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. 6. The proposed amendment to Section 17.66 HD, Hillside Development Combining Zone of the Municipal Code is consistent with the Metropolitan Bakersfield General Plan. WHEREAS, the City Council held a public hearing on October 11, 2006 receiving testimony for and against the proposed ordinance; and WHEREAS, said hearing on October 11, 2006 was closed; and WHEREAS, consideration of the proposed amendment was continued to October 25, 2006; and WHEREAS, on October 25,2006 the City Council approved the Negative Declaration and approved the First Reading of the amendment to Bakersfield Municipal Code 17.66 HD, Hillside Development Combining Zone with a modification to the map in Exhibit B-1 "Hillside Development Zone - West, Visual Resources, Viewsheds and Protection Areas". SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. true and correct. All of the foregoing recitals, incorporated herein, are hereby found to be 2. The Negative Declaration is hereby approved and adopted. 3. Section 17.66 HD, Hillside Development Combining Zone of the Municipal Code of the City of Bakersfield is hereby amended as more specifically described in attached Exhibit "A ". 3 ~ 'Of>.,/{c1> <:> ~ ,)... - ..... m _ r- o c;:, ORIGINAL SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. ---------()()()--------- I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Countl)vat 5tt1\lJOGCity of Bakersfield at a regular meeting thereof held on NOV'" 1 5 Z006 by the following vote: 4iW NOES: ABSTAIN: ABSENT: v .--- ...-- COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ---- - PAMELA A. McCARTHY, C CITY CLERK and Ex Officio rk of the Council of the City of Bakersfield APPROVED NOV 1 5 2006 HARVEY . HALL Mayor of the City of Bakers . APPROVED as to form VIRGINIA GENNARO City Attorney By /JVw/n. Af1' Exhibit "A" pe \ S:\HiIIside Development\City Council\HD CC ordinance.DOC 1111/2006 4 !< ~f>.,k~1> ~ ~ ,)... - ..... m - r- C,,) (:) ORIGINAL Bakersfield Municipal Code - Title 17, Zoning Ordinance HD Zone Sections: 17.66.010 17.66.020 17.66.030 17.66.040 17.66.060 17.66.070 17.66.080 17.66.090 17.66.100 17.66.11 0 17.66.120 17.66.130 17.66.135 17.66.140 17.66.150 17.66.155 17.66.160 17.66.170 17.66.180 Chapter 17.66 HD HillSIDE DEVELOPMENT COMBINING ZONE Purpose and intent Applicability Maximum grade of access Development plan requirements Key box requirements Driveway requirements Fire apparatus access roads Emergency secondary access Bridges Address markers Building construction Roof repair or replacement Fencing Fire scape plant selections Defensible space Landscaping Drainage Grading Appeals Chapter 17.66, Page 1 ~ '0 f>..!(c1> <:> ~ ,)... - ..... m 10/26/06 0 S ORIGINAL Bakersfield Municipal Code - Title 17, Zoning Ordinance HD Zone 17.66.010 PURPOSE AND INTENT The purpose of this chapter is to define and implement the goals and policies of the Metropolitan Bakersfield 2010 General Plan as they relate to the preservation and maintenance of hillsides as a scenic resource of the City and to protect the general public from the threat of wildfire, hillside instability and landslides. The HD (Hillside Development) zone district is an overlay zone. The regulations established by the HD district are in addition to those uses allowed and the regulations of the base zone district. Development projects within the HD zone shall be subject to review to ensure hillside/open space development policies in the general plan are incorporated into the projects. In addition, the City Council shall adopt development standards by resolution or ordinance which aid in the implementation of general plan policies and ordinances, and provide detailed written or pictorial depictions regarding policy and/or ordinance intent. The following provisions of this ordinance are intended to apply to areas zoned HD. This overlay zone will generally be applicable to those larger contiguous areas generally having average natural slopes of 8% or more (see Exhibit A). These regulations shall be implemented when the City considers applications for grading, building permits, parcel maps, tentative tract maps, conditional use permits, zone changes, general plan amendments and site plan review. A. Permit development in HD areas that minimizes erosion and geologic hazards and provides for the protection of the public health, safety, and welfare. B. Protect views by identifying "Primary" and "Secondary Viewsheds", "Visual Resource Areas" and "Slope Protection Areas" within the HD zone (Exhibit B-1 and B-2 - Large scale exhibit available for viewing at Planning Department and on the City of Bakersfield's website: www.bakersfieldcitv.us ). These areas are defined as follows: Chapter 17.66, Page 2 ~ rof>.,/(c1> <:> ell 1 O/26/06~ ~ - ,.. o t) ORIGINAL Bakersfield Municipal Code - Title 17, Zoning Ordinance HD Zone 1. "Primary Viewsheds" are those locations identified along freeways, expressways or arterial roadways from which no structures or portions thereof are visible on a designated "Class I Visual Resource Area" for a distance of % mile (Illustration 1), except as may be allowed under 17.66.040 P.4. ILLUSTRATION 1 VIEWSHEDS AND VISUAL RESOURCES '12 MILE PRIMARY V1EWSHED NOT TO SCALE PBEARO ~1D-06 HUSDE EXHflITS.pp: 2. "Secondary Viewsheds" are those locations identified along freeways, expressways or arterial roadways from which no more than 50% of the height of a structural elevation is visible on a "Class II Visual Resource Area" for a distance of a mile (Illustration 2), except as may be allowed under 17.66.040 P.4. ILLUSTRATION 2 VIEWSHEDS AND VISUAL RESOURCES DESIGNATED CLASS II VISUAl REsouRCE 1 MILE SECONDARY vtE'mHED I ~------------_._------------------_._._--_.- I NOT TOSCAI..f PBEARD S-11).(J8 HllSDE EXHSlTS_ Chapter 17.66, Page 3 10/26/06 ~ <of>.,kc1> <:> ~ ,)... - ..... m - r- o c;:, ORIGINAl Bakersfield Municipal Code - Title 17, Zoning Ordinance HD Zone 3. "Class I Visual Resources Areas" are designated ridge and hilltop areas which require a structural setback great enough so that no portion of a structure is visible from a "Primary Viewshed." 4. "Class II Visual Resource Areas" are designated ridge and hilltop areas which require a structural setback great enough so that no more than 50% of the height of a structural elevation is visible from a "Secondary Viewshed." 5. "Slope Protection Areas" are those mapped slopes of 15% and greater (Exhibit 8-1 and 8-2) within the HD zone area that, due to physical constraints, aesthetic value and visibility from major roadways, are to be left in their natural state with no structures or fences allowed on the slope face. Areas identified as "Slope Protection Areas" shall be identified as lettered non-buildable lots on subdivision maps. C. Encourage development design that will: 1. Allow for orderly and sensitive development at a density that respects and is reflective of the natural terrain. 2. Encourage grading techniques that blend with the natural terrain, minimize earthmoving activities, minimize visual impacts of large cut and fill slopes, prevent erosion on the face of slopes due to drainage and provide for the preservation of unique and significant natural landforms and ridgelines. 3. Reduce water use in slope replanting and retention by encouraging grading design that minimizes manufactured slopes. 4. Maximize the positive impacts of site design, grading, landscaping, and building design consistent with the goals and policies of the general plan. 5. Maintain the integrity and natural characteristics of major landform, vegetation and wildlife communities, hydrologic features, scenic qualities, and open space. 17.66.020 APPLICABILITY This overlay district shall apply to areas zoned HD (Hillside Development). A. The following provisions are intended to apply to parcels or portions thereof within the HD zone. Development subject to these regulations includes grading, building permits, parcel maps, tentative tracts, conditional use permits, site plan reviews, general plan amendments, and zone changes. As areas are annexed to the City and zoned HD, Exhibits A and 8 shall be amended as appropriate. Chapter 17.66, Page 4 ~ 'Of>.,/{c1> <:> ~ ,)... - ..... m - r- <.:l c;:, 10/26/06 ORIGINAL Bakersfield Municipal Code - Title 17, Zoning Ordinance HD Zone B. Encourage developments intending to annex to the City to conform to the standards of this ordinance. C. Exceptions. This chapter shall not be applicable to the following activities or projects: 1. Modification of or addition to any pre-existing single family dwelling or accessory structure that predates this ordinance. This exemption shall not include an increase in the number of units or change in use. 2. Fire breaks and fire roads required by the Bakersfield Fire Department. 3. Recreation trails for pedestrian, equestrian, or multi-use purposes. 4. Lot line adjustments. 5. Landscaping on single family parcels. 6. Modifications to yard, height, lot area and fence/wall regulations. 7. Public Works projects determined by the City Council to be necessary for the public health, safety or welfare which, by implementation of this ordinance, would create an unfair cost to the community. 8. Where it can be demonstrated that the imposition of the standards in this ordinance would render an existing parcel (parcel created prior to adoption of the ordinance) of land un buildable and create a loss of all economic use, or where the development exhibits innovation and/or exceptional community benefits which cannot be realized through imposition of the standards contained in this ordinance, development consistent with the general plan may be allowed, subject to the following provisions: a) The proposed development shall serve the intent and purpose of the HD zone and general plan policies regarding hillsides. b) The proposed development shall be subject to the approval of a Planned Unit Development zone, Planned Commercial Development zone, Development Agreement, Optional Design Subdivision or Specific Plan. 17.66.030 MAXIMUM GRADE OF ACCESS Maximum grade of streets, public or private, and other access easements shall be determined in accordance with "A Policv on Geometric Desian of Hiahwavs and Streets," American Association of State Highway and Transportation Officials (AASHTO) 1990, for design of maximum grades for arterials, collectors and local streets. Chapter 17.66, Page 5 ~ 'Of>.,J(c1> <:> ~ ,)... - ..... m 10/26/06 [; ORIGINAL Bakersfield Municipal Code - Title 17, Zoning Ordinance HD Zone 17.66.040 DEVELOPMENT PLAN REQUIREMENTS The following, as applicable, shall be shown on all development plans associated with planned commercial developments, planned unit developments, conditional use permits, tentative tracts, site plan reviews, and applications for single family dwellings not already reviewed as part of parcel maps or tentative tracts: A. Topography. B. Access road width and percent of grade. C. Landscape and vegetation details. D. Structure location. E. Overhead utilities. F. Building occupancy class. G. Type of ignition-resistant construction of structure. H. Roof classification of buildings. I. Water supply system. J. Fuel loading and model, available from City of Bakersfield Fire Department, and data to verify classification of fire-resistive vegetation. K. Proposed sewers. L. Drainage concept plan. M. As deemed appropriate by the City, at the time an applicant applies for a tentative map, conditional use permit, site plan review, general plan amendment, zone change or grading plan approval, the applicant shall submit the following: 1. A site or plot plan drawn to scale of 1" = 1 00' or larger, reflecting the proposed project, including property lines and recorded and proposed easements, private roads, public rights-of-way, and pad elevation of all lots. 2. A topographic map of the project site which shall also extend off-site a minimum of 300 feet in distance unless a greater distance is required by the City Engineer to incorporate the topography of all abutting properties as it relates to project site. The map shall be drawn at the same scale as the site plan and shall be based on contour intervals no greater than 10 feet except where steep terrain warrants a greater contour interval as approved by the Planning Director. 3. A slope map of the property depicting natural slope categories of 10, 15, 20, 30 and 40 percent and over with contour lines shown. 4. A preliminary grading plan prepared by a registered civil engineer which includes the height and width of all manufactured slopes, proposed retaining wall locations and heights, proposed drainage patterns, methods of storm water retention/detention and identification of areas that will remain in a natural state. Off-site contours for adjacent, ~ -oA/{c1> ,)...<:> ~ Chapter 17.66, Page 6 10/26/06::: i!! (.) 0 'ORIGINAL Bakersfield Municipal Code - Title 17, Zoning Ordinance HD Zone unimproved areas within 300 feet of the project's boundaries shall be depicted. If the adjacent property is improved, pad elevations, street grades, wall sections and any approved or existing improvements shall be shown. Cross sections will also be required from Primary and Secondary Viewsheds. 5. No less than two cross sections (number to be determined by the Planning Director) which completely traverse the property at appropriately spaced intervals in locations where topographic variation is the greatest shall be prepared by a registered civil engineer. The cross sections shall clearly depict the vertical variation between natural and finished grade and shall extend 300 feet beyond the project boundaries. 6. A slope erosion control/revegetation plan shall be provided with all subdivision applications, site plans and grading plans and shall incorporate the provisions of Section 17.66.155 Landscaping. 7. In instances where roads cross or traverse natural drainage courses, design shall include natural materials and bank protection (Illustration 3). Design treatment shall be described or diagramed on plans submitted. ILLUSTRATION 3 DRAINAGE CHANNEL ROAD CROSSING ~" ..r .., - I l " \ " \ , STONE RIP-RAP TO PREVENT EROSION & RUTTING 8. If required for fire safety, additional information on the plan beyond the property lines related to slopes, vegetation, fuel breaks, water supply Chapter 17.66, Page 7 10/26/06 ~ 'Of>.,k~1> <:> ~ ,)... - ..... m - r- o C) ORIGINAL Bakersfield Municipal Code - Title 17, Zoning Ordinance HD Zone systems and access ways (driveways, secondary access, etc.) shall be shown to the satisfaction of the Fire Chief. N. In addition, the Planning Director, Building Director or City Engineer may require submittal of any or all of the following: 1. A geotechnical report which shall contain, but not be limited to, data regarding the nature, distribution and strengths of existing soils, conclusions and recommendations for grading procedures, design criteria for any identified corrective measures and opinions and recommendations covering the adequacy of sites to be developed. This investigation and report shall be performed by a professional civil engineer who is experienced in the practice of soil mechanics and who is registered with the State of California. Where the site includes slopes exceeding 2:1, the geotechnical report shall include a slope stability analysis. If the proposed development is in an area of concern, the report shall include the method and criteria for mitigation of slope instability. 2. A geology report which shall include, but not be limited to, the surface and subsurface geology of the site, degree of seismic hazard, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, opinions and recommendations covering the adequacy of the sites to be developed, the potential of slope failure within or adjacent to the site and design criteria to mitigate any identified geologic hazards. This investigation and report shall be completed by a certified engineering geologist who is experienced in the practice of engineering geology and who is registered with the State of California. 3. A drainage concept report which shall include, but not be limited to, the hydrologic conditions on the site, possible flood inundation, downstream flood hazards, natural drainage courses, conclusions and recommendations regarding the effect of hydrologic conditions on the proposed development, opinions and recommendations covering the adequacy of the sites to be developed, and design criteria to mitigate any identified hydrologic hazards consistent with these regulations. This report shall account for all runoff and debris from tributary areas and shall provide consideration for each lot or dwelling unit site in a proposed development project. The report shall also take into account all pre- and post-developed flows and shall provide evidence that the proposed project will not burden adjacent and/or downstream properties with flows and/or velocities in excess of the pre-development condition. The report will examine the effects of drainage patterns on the erosion potential that could cause damage to planned or existing structures and ensure that no drainage that could cause erosion will be directed to slope faces. In addition, the drainage concept report shall show the construction phasing for the project and shall show how the drainage through or 'O~/{S'1> around the project will be handled on an interim basis, including any ~ ~ m !:: r- Chapter 17.66, Page 8 10/26/06 oORIGINAL Bakersfield Municipal Code - Title 17, Zoning Ordinance HD Zone proposed temporary facilities. This investigation and report shall be completed by a registered Civil Engineer experienced in the science of hydrology and hydrologic investigation. The drainage concept report is subject to the review and approval of the City Engineer. 4. A computer generated three-dimensional graphic representation of the project site may be required if deemed necessary for reason of clarity. O. Areas identified as "Slope Protection Areas" shall be identified as lettered non- buildable lots on subdivision maps. P. Structures shall be set back from the top of slopes a distance which is consistent with the following: 1 Determined to possess an adequate factor of safety, as determined by the findings of a geotechnical report required in 17.66.040.N.1 and approved by the city and; 2. If the site is an area identified as a "Visual Resource Area", structures shall meet the visibility criteria as established by an identified "Primary" or "Secondary Viewshed". 3. On buildable lots placed at the top of manufactured or natural slopes adjacent to parks or open space, the minimum rear yard setback for above ground structures shall be 25 feet unless greater setback is required pursuant to this ordinance or for public health, safety or welfare (Illustration 4). IllUSTRATION 4 SETBACKS ADJACENT TO OPEN SPACE AREAS Chapter 17.66, Page 9 NOrrOSCALE A../{ PBEARD5-10-06 11\ HUSDE EXHSITS.,. ~ '0 ~ 1> <:> ~ ~ m _ r- o 0 10/26/06 ORIGINAL Bakersfield Municipal Code - Title 17, Zoning Ordinance HD Zone 4. The Planning Commission may allow a lesser setback at a public hearing associated with a subdivision if it can be shown to the satisfaction of the City that alternative methods of viewshed protection such as mounding, landscaping, etc., can provide for an equivalent solution to the protection of the viewshed. Sight line distance and cross section analysis or other methodologies that provide a true representation of alternative viewshed protection methods will be required to determine the adequacy of alternative viewshed protection methods. No setback shall be reduced, regardless of any alternative presented, that does not provide an adequate setback as provided in P.1. above, or as may otherwise potentially endanger the public health, safety or welfare. o. To encourage consistent maintenance of slopes for erosion control and aesthetics, property lines are to be placed at the top of manufactured or natural slopes to be left as open space, park area or natural state and shall be located a minimum of 5 feet back from the top of the slope (Illustration 4). Additional setback may be required for fire safety or to accommodate trails consistent with an adopted trails plan. 17.66.060 KEY BOX REQUIREMENTS Driveways and access roads with private security gates shall meet the requirements of 15.64.320 Section 902.2.4.3 if any part of a building is more than 150 feet from the gate entrance. 17.66.070 DRIVEWAY REQUIREMENTS Driveways shall be at least 12 feet wide with a minimum unobstructed height clearance of 13 feet 6 inches. Driveways over 150 feet in length shall have turnarounds with a minimum turn radius not less than 30 feet and an outside turning radius of not less than 45 feet. Driveways in excess of 200 feet in length and less than 20 feet in width shall be required to have turnouts, as determined by the Fire Chief, in addition to turnarounds. Turnouts shall be constructed of an all weather road surface, acceptable to the Fire Chief, at least 10 feet wide by 30 feet long. In addition, driveways from any private gates shall meet the requirements of 15.64.320 Section 902.2.4.3 17.66.080 FIRE APPARATUS ACCESS ROADS When required by the Fire Chief, all roads subject to Fire Department apparatus shall have a minimum width of 20 feet and a minimum height clearance of 13 feet 6 inches. This will accommodate the loads and turning radius and a grade traversable by fire apparatus not to exceed the maximum as approved by the Fire Chief. Dead end ~f>.,Kc. roads in excess of 150 feet in length must be provided with turnarounds as approve# 1><; !:: ~ Chapter 17.66, Page 10 10/26/06'l'ORIGINAL Bakersfield Municipal Code - Title 17, Zoning Ordinance HD Zone by the Fire Chief. Driveways from any private gates shall meet the requirements of 15.64.320 Section 902.2.4.3. 17.66.090 EMERGENCY SECONDARY ACCESS An emergency secondary access shall be required when it is determined by the Fire Chief that access by a single road might be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit ingress or egress. Plans for emergency secondary access roads shall be submitted to the Fire Chief for review and approval prior to their construction and shall meet the requirements of 15.64.320 Section 902.2.4.3 17.66.100 BRIDGES Vehicle load limits must be posted at both entrances to bridges on driveways and private roads. Bridge design loads shall be established by the Public Works Director. 17.66.110 ADDRESS MARKERS All buildings shall have a permanently posted address readily legible from the public way. Otherwise, the address must be placed at each driveway entrance and be visible from both directions of travel. Address signs along one way streets shall also be visible from both directions of travel. Where multiple addresses are required at a single driveway, they shall be mounted on a post, and additional signs shall be posted at locations where driveways divide. Where a roadway provides access solely to a single commercial or industrial business, the address shall be placed at the nearest road intersection providing access to the site. 17.66.120 BUILDING CONSTRUCTION Roofs for buildings in "Visual Resource Areas" shall be earth toned to blend in with surrounding landscape. In no case shall they be highly reflective. Class A or Class B noncombustible roof covering or roof assembly shall be required. Not withstanding the aforementioned, no wood shake or wood shingle roofs will be permitted. For roof coverings where the profile allows a space between the roof covering and roof decking, the space at the eave ends shall be fire stopped to preclude entry of flames or embers. One-hour rated fire-resistive construction shall be required for eave assemblies or non combustible assembly approved by the Fire Chief and Building Director. Protection shall be required on the exposed underside by materials approved for a minimum of one-hour rated fire-resistive construction. Fascias are required and must be protected on the backside by materials approved for a minimum one-hour rated fire-resistive construction or 2-inch nominal dimension lumber. Construction shall meet Urban and 'Of>.,Ks: Wildland interface standards established by the State of California as they apply to thi~ ~~ ,)... - ..... m Chapter 17.66, Page 11 10/26/06 <3 E; ORIGINAL Bakersfield Municipal Code - Title 17, Zoning Ordinance HD Zone area or any area developed and subject to wildland fire conditions. Exceotions: Accessory structures not exceeding 120 square feet in floor area when located at least 50 feet from any habitable structure. Roofs shall have at least Class C roof covering, Class C roof assembly of an approved noncombustible roof covering. No wood shake or wood shingle roofs will be permitted for roof coverings where the profile allows a space between the roof covering and roof decking; the space at the eave ends shall be fire stopped to preclude entry of flames or embers. Earth toned roofs are required if within a "Visual Resource Area". 17.66.130 ROOF REPAIR OR REPLACEMENT Roof covering on buildings or structures in existence prior to the adoption of this chapter that are replaced, or have 25 percent or more replaced in a 12-month period, shall be replaced with a roof covering consistent with Section 17.66. 120. 17.66.135 FENCING Fencing adjacent to parks and open space shall be placed at least five (5) feet back from the top of slope and shall be earth tone or black in color and allow visual penetration (Illustration 4). Materials such as wrought iron and vinyl fencing may be used. Wood fencing is not allowed in this instance. Fence location and design details shall be submitted with development plans including subdivisions and grading plans. Solid walls may be required adjacent to parks when deemed appropriate by the City. 17.66.140 FIRE SCAPE PLANT SELECTIONS Every tract and parcel map shall contain an "advisory notice" within the conditions of approval recommending that property owners use plant materials which are fire resistant. A comprehensive list is available from the Fire Department (see Table 1 - refer to the end of this chapter). 17.66.150 DEFENSIBLE SPACE Maintain around and adjacent to any such building or structure a firebreak made by removing and clearing away for a distance of no less than 30 feet on each side thereof or to the property line, whichever is nearer, all flammable vegetation or other combustible growth. This section does not apply to single specimens of trees, ornamental shrubbery, or similar plants which are used as ground cover, if they do not form a means of rapidly transmitting fire from the native growth to any building or structure. Chapter 17.66, Page 12 ~ cofl../(c1> <:> ~ ,)... m 10/26/5 b ORIGINAL Bakersfield Municipal Code - Title 17, Zoning Ordinance HD Zone 17.66.155 LANDSCAPING A. Landscape areas to be maintained by the City shall provide a mix of native oaks/sycamores/wildflowers/shrubs and boulder clusters installed to resemble a natural distribution blending into the surrounding area (Illustration 5 - 7). Final plans, including irrigation system, shall be approved by the Recreation & Parks Department. Design content shall retain natural flora and site character as much as possible. Illustration 5 Illustration 6 Chapter 17.66, Page 13 ~ 'Of>.,/(C'-9 Q ~ ,)... - 10/26/066 S ORIGINAL Bakersfield Municipal Code - Title 17, Zoning Ordinance HD Zone Illustration 7 B Xeriscape plant selections as approved by the Recreation and Parks Department shall be used to revegetate disturbed areas outside of lots, unless City ordinances, resolutions, or conditions of approval state otherwise. C. Fire retardant erosion control netting or other material approved by the City Recreation and Parks Department shall be installed as required by the City Recreation and Parks Department to prevent erosion. D. In order to assist in protecting slopes from soil erosion and to facilitate significant revegetation, an irrigation system approved by the Public Works Department and Recreation and Parks Department shall be installed on all slopes with required planting. Components and operation of the irrigation system shall be designed to maintain slope stability and integrity and provide the ability to monitor and maintain an irrigation system on a slope. In all cases, the emphasis shall be toward using plant materials that will eventually not need to be irrigated. Water and energy conservation techniques shall be utilized including, but not limited to, such items as drip irrigation and alluvial rockscape. 17.66.160 DRAINAGE A. All proposed drainage facilities shall respect the natural terrain, preserve existing major drainage channels in their natural state or enhance them to create riparian type systems that provide for drainage and for diversification of plant and animal life and be designed in such a manner as to minimize soil erosion and to otherwise preserve the public health, safety and welfare. The following standards shall apply to all lands subject to this article in addition to the requirements of Title 16 (Sudivision Ordinance). 1 . The overall drainage system shall be completed and made operational at the earliest possible time during construction in accordance with the f>.,/(c. approved drainage concept report. J. '0 ~~ Chapter 17. 66, Page 14 1 O/26/0tE. ~ o <::1 ORIGINAL Bakersfield Municipal Code - Title 17, Zoning Ordinance HD Zone 2. When deemed necessary by the City Engineer, the applicant shall enter into a "Grading Improvement Agreement", securing each phase of grading and drainage facility construction. Said security shall be sufficient to install the required drainage facility, to restore the grading area to a safe and stable condition, and to revegetate the cut or fill slopes or provide other permanent erosion control measures. 3. Other than for street gutters, all drainage shall be conveyed within closed conduits unless otherwise approved by the City Engineer. Analysis and design of erosion control measures shall be approved by the City Engineer. 17.66.170 GRADING A. All new cut and fill slopes exceeding 10 feet in height on the perimeter of a subdivision adjacent to parks, open space or arterial and collector streets, and interior to a subdivision adjacent to parks and open space shall be contour graded (Illustrations 8 & 9) so that their ultimate appearance will resemble a natural slope. Contour grading shall consist of a combination of slope curvature, as well as variable slope gradients along the length of the slope. The Building Director shall have the final determination that the final grading plan retains as much natural slope as possible considering the proposed improvements and other required codes. ILLUSTRATION 8 CONTOURING EXAMPLE 1 INSTEAD or "A" EXAMPLE 2 I~TEAD or "A" DO THIS "B" \ \ \ J I I // ./'" \ \. \ \ .__ J I / / ..../ '\\~'II/ \\ ~ 1/ \~I ~~...1!11~ '<:===::/ \ \ \ oil ~ I I I /r ,,/" \\\~III/' ..... \ \ I I / \ \ \ I I J I' \\\, _ I f/'/ \ \ "'\:..---/ / / / \ \ -~/ /,' 'I!l!l'f.."" \ ,____,'~/ olriWmL ""'---"'..-" Chapter 17.66, Page 15 ~ 'Of>.,/(~~ o ~ >- - 1 O/261~ [; ORIGINAL Bakersfield Municipal Code - Title 17, Zoning Ordinance HD Zone ILLUSTRATION 9 THIS NOT THIS I BUILDING I 'BUILDING I I BUILDING I I BUILDING I y - VLSLOPE CONVENTIONAL SITE PLANNING B. Grading shall reflect the natural contour of the existing terrain. The following grading standards shall apply to all land subject to this article, in addition to the grading requirements of the governing document currently in use: 1. Extensive grading shall be discouraged. 2. Where grading is necessary, the following principles of contour grading shall be employed: a) Graded slopes on the exterior of subdivisions shall be rounded and shaped to simulate the natural terrain. b). Grading shall follow the natural contours as much as possible. c) Graded slopes shall blend with naturally occurring slopes at a radius compatible with the existing natural terrain. d) Graded slopes outside the public right-of-way and maintained by a Home Owners Association shall be revegetated with at least a mixture of native grass seed or shrubs as recommended by the ~ 'Of>.,I(S"~ <:> ~ Chapter 17.66, Page 16 1 O/26/0tf ~ o (::) ORIGINAL Bakersfield Municipal Code - Title 17, Zoning Ordinance HD Zone Recreation and Parks Department. Planting may be waived by the Recreation and Parks Department for slopes that, due to the amount of rock material or poor soil, will not support plant growth. In this case, alternative methods of protection and/or aesthetic mitigation may be examined or required at the discretion of the Recreation and Parks Department. e) For graded slopes within the public right-of-way or publicly maintained landscape easements, an erosion control and landscaping concept plan shall be submitted to the Recreation and Parks Department for approval. f) Unless a flatter slope is otherwise recommended in a soil investigation, the steepest manufactured slope allowed shall not exceed 2 unit horizontal to 1 unit vertical. All manufactured slopes steeper than 5 unit horizontal to 1 unit vertical shall have a type of slope protection as approved by the City Engineer, Building Official and/or the Recreation and Parks Department (as applicable). g). Only slopes within public rights-of-way or easements constructed to City standards and accepted for maintenance by the City of Bakersfield shall be maintained by a city maintenance district. All other slopes shall be maintained by the property owner or private association unless approved by the Recreation and Parks Department. 17.66.180 APPEALS A. A determination by staff of the provisions of this Chapter may be appealed to the Planning Commission. The action of staff shall be final unless, within 10 days of their decision, the applicant or any other person appeals in writing to the Planning Commission by filing such appeal with the Planning Director and paying appropriate fees. B. A determination by the Planning Commission or Board of Zoning Adjustment pursuant to this Chapter may be appealed to the City Council pursuant to the appeals procedures of Chapter 16.52 in the case of subdivision map approvals, or Chapter 17.64, in the case of modifications, conditional use permits, or zone changes. C. On appeal, the City Councilor Planning Commission may grant modifications from the provisions of this Chapter where the appellant clearly demonstrates a practical difficulty in carrying out a specified provision. In granting the modification, the City Council or Planning Commission shall first find that the strict application of a specified provision is impractical and that the modification ~ 'O"k~1> is in conformance with the intent of this Chapter that the modification does not ~ ~ ..... iTi Chapter 17.66, Page 17 10/26/06 <3 l; ORIGINAL Bakersfield Municipal Code - Title 17, Zoning Ordinance HD Zone lessen any fire protection or other public safety requirements and/or serves to protect views as required by this Chapter. Chapter 17.66, Page 18 10/26/06 ~ 'Of>.,/(c-9 <:> ~ ,)... - ..... m - r- o c;:, ORIGINAL Bakersfield Municipal Code - Title 17, Zoning Ordinance HD Zone <( ?- m ::c >< w z o l- e:( o o -l (!) Z - Z o N I- Z W ~ a.. o -l W > W o w o U) -l -l :r: I I I I I I I I __ -_ -_ __ __ J.- -- ----- --- --- I I J I I ~-- I I , I I I I I ---------1- ---- - - - - -.-.- ;' ~ ! ,..."..... ..... . . ~ "ow C?a:z i :1 ::~1'3 ",0> I " ..a..W u ~+ w e " . :( "' z : -' w 0 -' (') 0 ~ x " ~ ~ ~ ~I ~ ~ ~ ~. ~... -. -.. - - -, - - - - - - - - -- , , I ~ -------------~-----------;.- - - -- - -.- - - -. I I I I I I i I I I I I I , , , , , , I , _ _ _ _ _.. _ _... L______ I I I I I I I i I ___n__n_L__ I I I I J .. I I I I I I _n_______/-_____ _ I I I I I I I I I I I I I .--..1........ ... ... I , --------~------------j I I I I '. t-------------- ..u..nuf" ________n ---------1 Chapter 17.66, Page 19 ~ 'Of>.,/(~~ <:> ~ ,)... - ..... m - r- 10J26/0600RIGINAL Bakersfield Municipal Code - Title 17, Zoning Ordinance HD Zone V J" -'" '.. '~,;,~~ ..... v' ........~ .J ,,,IX ... ~~. ~,,,'~ I r I - ,'" "'-" < ....... --:- - j\,' <> ',' '^ - -'" - ,,,:, t (. ~ :' ~ rtt i\~1 T .,~12~" " W '" ~ : -;~ ! i./ - 'I __ ~ i'~ /",' (J. , ~ '" \~, I;;~ ,~ft ,'.~ h .. , ""~ '-..: '~ -. ).' I " '::'l) 0-- , ","", "-': ~ , 'X> .,..' 'I ~, : I it - " i: I, i'-', ... . i 1 ~,~ .~~ :1" t ~~, - ,-;", .tar.." ,', f "'~ ' a I~ ~!..~ I: ~;:>:::~ " !~~" . QZ R I-' 0::::: " ll,. / III/ - r~" ,.', . . '" ... 3: ... ~ .,; 'C : . N: c: Gi ~ - - "' - Ul "'::>.. <( ~ e:~; .,Q o...e:.~- i olXfinO : ~ ~.~ ~ lU ... > ... 0:; Q. ... 't:f ~ x .. 'it ~~ ~ e :g JE << a. liE ~ 8 ~ ! ~ ~ "1:J <<J ..;t ~ Q;l c::: I:: c: cr a: 4);': : ,g~~ ~~ll~ ~~~ ...J ~!~!~i=i ~Sfs!o-a o i 110 I ~I c '"l~ ;. --.... ~~ " ~ ..J ~ J S=::;T:::::: l- [ i- .1, , .,,\ " -:"'0 .... -- ~ ftl! ) '. I? :g? :, ' ,_ , L ~ " i c; , ~ ~' ".~ ", " , """ r 'r\4 , " I ," , ' ~., .: "::",:" '1 ~ ~r ~ r , . ' , Chapter 17.66, Page 20 --' , ~ / "'\ . .J -= - 't i ,... j '" I- IJ :5 ~ :.1 '\ >- I J I 'I ~ , \" !\ 10/26/06 ~ 'Of>.,/{c1> <:> ~ ,)... - ..... m - r- o c;:, ORIGINAL Bakersfield Municipal Code - Title 17, Zoning Ordinance HD Zone . 'Ie!, \'f .. . .. i '" .. .. 1.1.I ... .. .. ~ .' c .( .( . . '0 . .. ll. .. .. I 0 0 '" :; ~ .. :... .. 5 = . .. 0 . ..... '" .. "" .( .. .. ... "C .. .. .. I ... .. ... > a: a: _:=:.,<C c: tl Ii ;;; 'Ii . ..... Q) 1l j ~ . I...... " " .. I C) 0 .,. :S .. 41) Jl!:.- > ~ :; . cc: lit ..... Q) ." 0 0 . .-;at ~ ....J .. It :5 0 .,,1 .<: - ;:alll$oIo1o"" .. .. .. .. G; .. .. :It.... lit j Q, .. .. .. ~ "Ill "" . Q~>d: 0 .!! .. 3J ~ . (j; u '0 u I .. g I I I I I . :! () " . .,' . i I . . '?':-:"-"':'>,. '? '-- - :,,'::',"-,': -:'~':- "-\,-:~,~'~r.:_-"'- ........................................~~.........~ ~ ;:",,r-,,,,,, ' .~;:' : .,'4\ ,-' -, '-',,', _,' '-',.', . '" I . i I I · .'X?,>;" i...' . . If\ ... ' . . .,'/"'- .' t . ....... ..... Chapter 17.66, Page 21 10/26/06 ~ 'Of>.,/(c1> o ~ ,)... - ..... m - r- (.) C:1 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 16th day of November, 2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4391 passed by the Bakersfield City Council at a meeting held on the 15th day of November, 2006 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DELCARATION AND AMENDING CHAPTER 17.66, HD, HILLSIDE DEVELOPMENT COMBINING ZONE OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE. PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~~ DEPU Y Ci Clerk S:\DOCUMENliFORMS\AOP .ORD.wpd ~ 'O"'1(~1> o ~ m r- b ,AIGINAL 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 30th day of November, 2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4393 passed by the Bakersfield City Council at a meeting held on the 29th day of November. 2006 and entitled: AN ORDINANCE AMENDING BAKERSFIELD MUNICIPAL CODE SECTIONS ~ 1.12.040, ~ 1.12.01 0, ~ 1.12.050 AND ~ 1.12.070 BY ADDING ANNEXATION NO 473,478, AND 489 TO WARD 4, ANNEXATION NOS. 487 AND 497 TO WARD 1, ANNEXATION NOS 468 AND 502 TO WARD 5 AND ANNEXATION NO 488 TO WARD 7. PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~ ~_ DEPU Y it Clerk S:\DOCUMENT\FORMS\AOP .ORD.wpd ~ ~AkC'1> <:) % ,)... - .-- m - ,.... o C::7 ORIGINAL