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
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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.
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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 ".
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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
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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
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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
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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
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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
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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
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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>
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'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
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"
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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
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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 ~ ~
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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
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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><;
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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~ ~~
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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
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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
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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. ~
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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"
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Chapter 17.66, Page 15
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ILLUSTRATION 9
THIS
NOT THIS
I BUILDING I 'BUILDING I I BUILDING I I BUILDING I
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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"~
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Chapter 17.66, Page 16 1 O/26/0tf ~
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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 ~ ~
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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
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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
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,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
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