HomeMy WebLinkAboutORD NO 2734ORDINANCE NO. 2734
NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING TITLE 17 OF THE BAKERSFIELD
MUNICIPAL CODE BY ADDING CHAPTER 17.53 RELATIVE
TO SITE PLAN REVIEW.
BE
as follows:
IT ORDAINED by the Council of the City of
SECTION 1.
Chapter 17.53 is hereby added to Title
Municipal Code to read as follows:
Chapter 17.53
SITE PLAN REVIEW
17 of
Bakersfield
the Bakersfield
Sections:
17.53
17.53
17.53
17.53
17.53 050
17.53 051
17.53 060
17.53 061
17.53 070
17.53.010
010
020
030
040
Purpose.
Site Plan Review Committee.
Site Plan Approval Required.
Definitions.
Basis for Approval.
Site Plan Review Objectives.
Process.
Landscape Requirements and Standards.
Certificate of Compliance.
Purpose. The purpose of Site Plan Review is to
promote standards of development in the community consistent with
adopted City policies and to protect the health, safety and
welfare of the community through the implementation of development
standards, regulations and adopted General Plan policies of the
City of Bakersfield.
17.53.020 Site Plan Review Committee. A Site Plan Review
Committee is hereby established consisting of the Planning Director,
Building Director, Fire Chief and Public Works Director, or their
designated representatives. The Planning Director shall be
responsible for coordination of the Committee's activities.
17.53.030 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
having first complied with the provisions of this Chapter and
obtained 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, recon-
struction or renovation of improvements. Notwithstanding this
provision, the following are exempt:
A. Permitted uses in the R-l, R-S, R-S-1A, R-S-2.5A, R-S-
5A, R-S-10A, RH, A, 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 exterior
building modifications or a change of use or intensity of use;
D. Subdivision of land.
17.53.040 Definitions. "Approving Authority." The authority
in whom decision-making
provisions of this Chapter,
the Planning Commission and
context.
"Certificate of Compliance."
responsibility is
including the
the Directors,
vested under the
Site Plan Review Committee,
to be determined in
A legal document indicating
that the construction of a project conforms to the Site Plan
approved. It may be unified with the Certificate of Occupancy.
"Directors." The Planning Director and Building Director
for purposes of this Chapter.
"Class 'A'" Project. Planned Residential Developments
(PUD), Planned Commercial Developments (PCD), and projects specified
as being subject to review as Class "A" Projects in Sections
17.26.027, 17.36.030 and 17.38.030 of this Title.
"Class 'B'" Project. Any project which requires a
building permit and has a building permit valuation of $150,000.00
or more, excepting Planned Residential and Planned Commercial
Development.
"Class 'C'" Project. Any project which requires a
building permit and has a building permit valuation of less than
$150,000.00.
17.53.050 Basis for Approval. Approval shall be granted or
denied on the basis of the Site Plan Review Objectives, referred
to in Section 17.53.051 and the Municipal Code, as adopted and
amended from time to time. Each approved site plan shall be
deemed to include a condition of approval that the project, as
developed, comply with all mandatory, adopted improvement standards
and requirements applicable to the project on the date on-site
construction (excluding grading and other site preparation work)
begins, including, but not limited to, those requirements and
standards referred to in subsections G.1. - G.5. of Section
17.53.060, whether or not such standards and requirements were in
effect as of the date of site plan approval.
17.53.051 Site Plan Review Objectives. The Planning Commission
shall by resolution adopt, subject to approval by the City Council,
Site Plan Review objectives and policies.
17.53.060 Process. A. Pre-application Conference. A
conference between the Site Plan Review Committee (and other City
departments and/or public agencies deemed appropriate) and the
applicant may take place prior to submission of the application.
The purpose of this conference is to acquaint the City with the
intentions of the applicant, to acquaint the applicant with the
substantive and procedural requirements of this Chapter and to
identify City ordinances and improvement standards which create
opportunities and pose significant constraints for the proposed
development. The pre-application conference shall include discussion
location and access;
of, but not be limited to, the following:
1. The subject parcel: Its size,
land use and development in the vicinity;
2. The proposed development: The type and placement
of buildings and other improvements on the subject parcel and the
proposed use;
3. Public improvements: Type and amount of public
facilities likely to be required by the development and method of
providing and maintaining the same;
4. The location, type and method of maintenance of
open space, landscaping common areas and facilities and the like;
5. Proposed grading and site drainage;
6. Proposed internal circulation system and parking.
B. Application. The application shall consist of a fee,
based upon a schedule adopted by the City Council, and five (5)
clear copies, unless otherwise instructed by the Planning Director,
of the following:
1. Application form. The
include, but need not be limited to,
a. Name,
applicant;
application form shall
the following:
address and telephone number of the
b. Statement executed by the property owner
authorizing submittal of the application;
c. The name, address and telephone number of the
designers, architects or engineers of the proposed development,
if different from the applicant;
d. A legal description and site location map of
the subject property;
desirable;
e. Present use of the subject parcel;
f. A description of the proposed development;
g. Such other information as may be relevant and
h. Date and signature of applicant.
2. Site Plan Map. The Site Plan Map shall be drawn
to an appropriate scale (preferred scale is 1 inch = 20 feet)
with a minimum size of 8-1/2" x 11", shall depict the subject
parcel and contain the information specified below. It shall
indicate the location of all existing improvements, the type and
location of all proposed improvements, the type and location of
all improvements proposed to be demolished or constructed and all
evidence of a mappable nature which may be required, including:
Location, height and material of existing
and/or proposed fences and walls;
b. Location of off-street parking,
number of parking spaces, type of paving, direction
traffic flow and parking dimensions;
c. Locations and width of drive approaches;
d. Method of storm water disposal;
e. 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, etc.);
f. On-site drainage and method of sewage disposal;
q. Location of signs, their size, height, type
of illumination and type of building material in accord with the
sign ordinance;
h.
indicate the
arrows depicting
Location of trash refuse area;
i. Landscaped areas.
3. Landscape Plan. A preliminary landscape plan for
each Class "A" or Class "B" Project shall be submitted as part of
the application, showing areas to be landscaped, plant materials
(common names), quantities and estimated sizes at maturity.
4. Information Map. Applications for Class "A"
Projects shall include an information map. The information map
shall be drawn at a scale of not less than 1 inch = 200 feet and
shall depict the subject property and the specific current uses
of properties within a three hundred (300) foot radius of the
exterior boundaries of subject property. In the case of multiple
maps, a key map showing the relationship of the individual maps
shall be provided on the cover sheet.
5. Applications for Class "A" Projects shall include a
settin~ forth the timing for each phase of the develop-
6. Environmental Process Documentation. The applicant
out and submit such forms and provide such information
schedule
ment.
shall fill
as may be required by the Planning Director in satisfaction of
the requirements of the California Environmental Quality Act.
C. Action Procedure (Class "A" and Class "B" Projects).
1. Acceptance. The application and copies thereof
shall be submitted to the Planning Director or his representative.
Within three (3) working days, he shall determine whether the
application is complete and conforms to the provisions of Section
17.53.060B. If the application does not conform to the provisions
of Section 17.53.060, he shall return it to the applicant with
notification of additional information requirements. If the
application is completed and in conformance, he shall accept it
and note the date of acceptance on all copies thereof.
2. Referral and Review. Within two (2) working days
of acceptance, the Planning Director shall transmit one (1) copy
of the application to each member of the Site Plan Review Committee
for review and comment. At least five (5) working days prior to
the hearing provided in Section 17.53.060, Subsections 3 or 4,
the Planning Director shall mail to the applicant the staff
report on the proposed development and notify the applicant of
the hearing date.
3. Hearing - Class "A" Project. Not less than twenty
(20) nor more than forty (40) working days from the date of
acceptance and after notice, the Planning Commission shall hold a
noticed public hearing and make a decision on a proposed Class
"A" Project, which hearing may be consolidated with the hearing
upon a requested change of zoning.
4. Consideration of Application - Class "B" Project.
Not more than fifteen (15) working days from the date of acceptance
and after notice by mail to the applicant, mailed not less than
three (3) days prior to the date set for consideration of the
application, the Site Plan Review Committee shall meet to consider
the application and
on a proposed Class
is deferred pending
by the Committee.
related information and shall make! a decision
"B" Project at such time, unless such decision
submission of additional information requested
5. Decision. Decisions are made on the basis of the
application, the staff report, any other relevant information and
comments from City departments and/or other public agencies. The
approving authority shall approve the proposed development,
attaching conditions thereto which, in its opinion, are necessary
to comply with adopted codes and standards; provided, however, if
the proposed project does not comply with said codes, standards
or policies, or if the applicant will not agree to comply with
any condition, the approving body shall deny the site plan.
Notice of each decision shall be given by posting a copy thereof
on the bulletin board at City Hall within three (3) days of the
date of the decision and by mailing, within such three (3) day
period, a copy thereof to the applicant and any person who has
requested such notice by written request filed with the Planning
Director.
6. Commencement of Construction.
not begin construction based on the approved
The applicant shall
Site Plan until the
process set forth in this Chapter has been completed, the time
period for appeal has expired and each other permit and license
required for the project has been obtained.
7. The time periods cited in this Chapter for review
and action on the application may be extended for up to ten (10)
working days by the Planning Director if, in his opinion, ad-
ditional time is required at any stage of the review process for
proper and complete review of the proposed project. Except as to
Class "A" Project, no application shall be deemed complete unless
the project for which the Site Plan was prepared is consistent
with the General Plan and zoning regulations of the City of
Bakersfield. Should it be determined at any time in the process
of review provided in this Chapter that requirements of the
California Environmental Quality Act have not been satisfied and
cannot be satisfied within the time periods specified, such time
periods shall be extended for such time as is necessary to satisfy
such requirements. The time periods specified in this Chapter
shall not be applicable to plan check procedures of the City's
Building Director.
D. Action Procedure (Class "C" Projects).
1. Class "C" Project is presumed to be a project with
no significant variations from public codes or standards, that no
public purpose would be served by requiring involved application
processes and that such applications may be decided ministerially.
2. The Planning Director shall develop and provide a
short application form for Class "C" Projects, which shall provide
for disclosure of the name of the owner, the address of the
subject property and a short description of the proposed project.
The applicant shall complete such form and submit two (2) copies
of the form and the filing fee to the Planning Director. The
applicant shall, in addition, provide the Planning Director with
such other information as the Planning Director may request.
3. Within two (2) working days from the date the
application is accepted as complete, the Directors shall determine
whether the public interest would be served by requiring conformance
to the procedures set forth in Sections 17.53.060B and C.
[Application and Action Procedure]. If not, they shall confer
with such other City departments and/or other public .agencies as
they deem appropriate and, as soon as possible, and within five
(5) working days from acceptance of the application, they shall
approve the Site Plan and attach such conditions as they deem
appropriate, or deny the permit on the basis of the application,
the staff report, any other relevant information and comments
from other City departments and/or other public agencies. Notice
of such decision shall be given as prescribed in subsection C.5.
of this Section, except that the posting requirements thereof
shall not apply. If at any time before their decision the Directors
determine that the public interest would be served by requiring
conformance to the procedures set forth in Section 17.53.060B and
C, they shall declare it to be a Class "B" Project, so inform the
applicant and deny the Class "C" application.
E. Action Procedure (Other Projects). Whenever in this
Code any improvement to be made upon real property or the use of
real property is expressly made subject to the procedures of this
Chapter, but such improvement and/or use does not require issuance
of the building permit with a building permit valuation of $150,000.00
or more, such improvement and/or use shall be processed and
reviewed as a Class "$" Project.
F. Revisions to Applications.
1. Revisions Prior to Decision. The applicant may
make revisions to the application at any time before the decision.
The Directors (or if at a hearing, the approving agency) may
determine that the revisions require study by the staff or
comment by one or more City department and/or other public agency,
and may therefore move the application back in the action procedure.
2. Revisions After Denial of the Site Plan.
Within thirty (30) calendar days of denial of the Site Plan, the
applicant may resubmit his proposal with revision. Such resubmittal
may be submitted for comment. by other City departments and/or
other public agencies, shall
the original application and
agency which denied the Site
be acted upon in the same manner as
shall be decided by the approving
Plan.
3. Revisions After Approval of the Site Plan for Class
"B" or "C" Project. At any time after approval, but before the
approved Site Plan for a Class "B" or "C" Project expires, the
applicant may submit revisions to the permit. Such revisions
shall be acted upon in the same manner as the original application.
Minor revisions resulting from phsyical obstacles or other com-
parable constraints may be approved by the Directors.
G. Conditions. The approving authority may place conditions
upon approval of a Site Plan which it deems necessary and proper
to ensure that a policy will be implemented in the manner indicated
in the application or a revision thereto. The conditions may
consist of, but shall not be limited to, one or more of the
following:
1. Compliance with the provisions of the subdivision
ordinance;
9e
2. Installation of on-site and off-site improvements
(including, but not limited to, dedication of rights-of-way,
street paving, sidewalks, gutters, street lights and drainage
facilities) related to special problems of the property, if
developed in accordance with the Site Plan;
3. Application of landscaping standards required of
multiple-family, commercial and industrial zones;
4. Adherence to all adopted laws, regulations, codes,
ordinances and improvement standards whether or not cited in
this Chapter which have application to the project, including
payment of fees and charges required thereby;
5. Imposition of time limits within which specified
improvements shall be installed for the public welfare, safety or
convenience. The approving body may extend such time limits upon
the written request of an applicant. Unless such limits are so
extended, failure to complete installation of such improvements
within the specified time limit shall void the approved Site
Plan.
H. Expiration of Site Plan. Site Plans approved for Class
"A" projects shall expire should the P.C.D. or P.U.D. zoning for
the project site terminate pursuant to Sections 17.47.100 or
17.51.080 of this Title or should the zoning applicable to the
site be changed. Site Plans approved for all other projects
shall expire unless implementation of such Site Plan has been
commenced on site within two and one-half (2-1/2) years of the
date of approval and completed not more than four and one-half
(4-1/2) years from the date of approval of the Site Plan. In any
event, such Site Plan shall expire upon the rezoning of the site
following approval of the Site Plan.
I. Appeal. In the event any interested person, including
the applicant, is not satisfied with the decision of the Site
Plan Review Committee on a Class "B" or Class "C" project, he
may, within ten (10) days of the date of the decision, file an
appeal in writing to the City Planning Commission setting forth
10.
the precise basis and issues on appeal and requesting a hearing
thereon. The Planning Commission shall, within thirty (30) days
of filing of such appeal, hold a hearing thereon.
In the event any interested person, including the
applicant, is not satisfied with the decision of the Planning
Commission on a Class "A", Class "B" or Class "C" project, he
may, within ten (10) days after such decision, appeal in writing
to the City Council. The City Council shall hold a public hearing
on the appeal.
17.53.061 Landscape Requirements and Standards.
A. A final landscape plan must be submitted to and approved
by the approving authority and landscaping installed in compliance
with the approved final plan prior to final inspection or occupancy.
This plan shall include:
A workable scale (preferred - 1 inch = 10 feet or
larger);
2.
3.
4.
5.
6.
7.
8.
Property lines;
Dimensions;
Structures;
Irrigation system;
Existing natural features;
Landscape drainage plan;
A plant specification list must be submitted:
(i) Keyed to the plan;
(ii) Botanical name;
(iii) Common name;
(iv) Estimated sizes at planting and at maturity;
(v) Quantity of each.
B. All projects initiated after the effective date of the
ordinance enacting this Chapter within the R-2, R-3, R-4, C and M
Zones shall be in compliance with the minimum landscape standards
of subsection C of this Section and subject to approval by the
Planning Director with the following exceptions:
1. Landscaping required in connection with approval of
a P.U.D., a P.C.D. or "D" overlay zone improvement shall not be
revised except upon approval of the Site Plan Review Committee,
11.
subject to the right to appeal the Committee's decision to the
Planning Commission.
2. All uses established prior to the effective date of
this Chapter shall be exempt from these standards, provided that
such uses are not expanded, changed or otherwise modified in a
manner which requires issuance of a Building Permit with a valuation
of fifty percent (50%) or greater than the replacement value of
the existing improvements. If the existing uses are to be expanded
greater than fifty percent (50%) of their replacement value, the
Planning Director, at his discretion, shall determine the amount
and placement of landscaping needed to comply with Section 17.53.061C,
which in no case shall exceed two percent (2%) of the gross lot
area.
C. Minimum Landscape Standards. The purpose of this
Section 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 environment, to promote visual order, to encourage visual
harmony between the landscape and development and to reduce air,
noise, and visual pollution.
1. Occupancy of a use subject to these standards
shall not be permitted until the approved landscaping has been
installed or until an agreement and surety bond or cash deposit,
in an amount determined by the Building Director, or sufficient
to cover the cost of installation, has been provided to the City
specifying completion of installation within thirty (30) days of
the date of occupancy;
2. All plantings shall be maintained in a healthy and
attractive condition. Maintenance shall be included but is not
limited to watering, fertilizing, weeding, cleaning, pruning,
trimming, spraying and cultivating;
3. Landscape structural features shall be maintained
in sound structural and attractive condition;
12.
installed
intent of
following
4. Plantings shall
sprinkler system;
5.
the
6.
be serviced by a permanently
Replacement planting must conform to the original
landscape design;
All R-2, R-3, R-4, C and M Zones shall provide the
coverage of landscaping:
R-2 - 15%
R-3 - 15%
R-4 - 15%
C-0 - 10%
of gross lot area.
of gross lot area.
of gross lot area.
of gross lot area or 70% of
C-1
C-2
M-1
M-2
lot
frontage on a public street.
- 10% of gross lot area or 70% of lot
frontage on a public street.
- 10% of gross lot area or 70% of lot
frontage on a public street.
- 5% of gross lot area or 50% of lot
frontage on a public street.
- 5% of gross lot area or 50% of lot
frontage on a public street.
The percentage of frontage required to be landscaped may include
driveways.
7. Where set-backs and public improvements allow, a
landscaped area eight (8) feet in width shall be installed between
the back of the curb and on-site improvements along each public
street. The width of the landscape strip may be reduced when in
Planning Director the following conditions are
the opinion of the
met:
(i)
(ii)
The total square footage of landscaped area
remains constant;
Such landscaping is credited against the
total landscaping requirements;
The reduction in the required width is con-
sistent with the purposes of the landscape
regulations of this ordinance.
(iii)
13.
8. Trees shall be equivalent to five (5) gallon can
size or larger when planted.
9. Shrubs shall be a minimum one (1) gallon can size
or larger when planted.
10. A five (5) gallon tree shall be planted for each
thirty-five (35) feet, or portion thereof, along a public right-
of-way or in groupings which include a number of trees equal to
the thirty-fiw~ (35) foot interval.
11. In parking lots provide at least one (1) shade
tree for each six (6) parking spaces placed at a maximum of fifty
(50) foot inteYvals.
12. In landscaped areas other than parking lots, one
(1) tree shall be required for each four hundred (400) square
feet of required landscaped area.
13. Live vegetative matter shall cover no less than
seventy-five percent (75%) of the required landscaped area at its
maturity.
17.53.070 Certificate of Compliance. After construction and
before occupancy of a project, the Building Director or his
authorized representative shall inspect the development to determine
whether the permit and conditions thereon have been complied
with. If so, he shall issue a Certificate of Compliance; if not,
he shall order corrections. The development shall not be occupied
until the Certificate of Compliance is issued.
SECTION 2.
This ordinance shall be posted in accordance with the
City Charter provisions and shall become effective thirty (30)
days from and after the date of its passage.
......... 000 .........
14.
I HEREBY CERTIFY that
and adopted by the Council of the
meeting thereof held on the 28th
the following vote:
the foregoing Ordinance was passed
City of Bakersfield at a regular
day of April 1982 by
CITY C~ERK
Council of the
Ex/Officio Clerk of
City of Bakersfield
the
APPRO~/~ this 28th day of April
MAYO~ o/the Cit~ of Bakersfield
, 1982
APPROVED as to form:
CI Y AT~~of~the~Clty of Bakersfield
AJS:mm 15.
Af av ! of os ng r uau es
STATE OF CALIFORNIA, 1
County of Kern ss.
PHILIP KBLMAR, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that oa ..................................~;~y._.5. ..........................................................................,19...3...~_ he posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on .............~.p...r....i....1......~..B....,. ......................................................19....~...2.., which ordinance
was numbered ..............2.Z.3.f!. .....................New Series, and entitled:
An Ordinance of the Council of the City of
Bak~,rsfield amending Title 17 of the Bakersfield
Municipal Code by adding Chapter 17.53 relative
to ~ite Plan Review.
Subscribed and sworn to before me this