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HomeMy WebLinkAbout04/25/2005 B A K E R S F I E L D Sue Benham, Chair David Couch Mike Maggard Staff: John W. Stinson SPECIAL MEETING NOTICE PLANNING AND DEVELOPMENT COMMI'I-rEE of the City Council - City of Bakersfield Monday, April 25, 2005 12:00 noon* City Manager's Conference Room, Suite 201 Second Floor - City Hall, 1501 Truxtun Avenue, Bakersfield, CA AGENDA 1. ROLL CALL 2. PUBLIC STATEMENTS 3. CLOSED SESSION A. Conference with Legal Counsel--Potential Litigation Significant exposure to litigation pursuant to subdivision (b)(1)(3)(A) of Government Code section 54956.9 - one case 4. CLOSED SESSION ACTION 5. ADOPT MARCH 28, 2005 AGENDA SUMMARY REPORT 6. PUBLIC STATEMENTS 7. DEFERRED BUSINESS A. Urban forestry discussion and Committee recommendation -Tandy 8. NEW BUSINESS A. Discussion and Committee recommendation regarding strengthening the Hillside Ordinance - Grady B, Discussion and Committee recommendation regarding inconsistencies between zoning and the General Plan -Grady 9. COMMI'I-rEE COMMENTS 10. ADJOURNMENT * Please note that this time is earlier than usual, due to the closed session item. it is uncertain when the Committee will resume the open portion of the meeting. ADMINISTRATIVE REPORT MEETING DATE: Apdl 25, 2005 I AGENDA SECTION: Closed Session I ITEM: TO: Planning & Development Committee APPROVED Sue Benham - Chair David Couch Mike Maggard FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD /'/'~---~ DATE: April 22, 2005 CITY ATTORNEY ~' CITY MANAGER SUBJECT: Conference with Legal Counsel -- Potential Litigation Significant exposure to litigation pursuant to subdivision (b)(1)(3)(A) of Government Code section 54956.9 - one case VG:do S:\COU NClL\Committee~,DMINS\04_27.05 Potential.doc ^ D AFT ~--~-~ ~ Sue Benham, Chair Staff: John W.'Stinson David Couch For: Alan Tandy, City Manager Mike Maggard AGENDA SUMMARY REPORT SPECIAL MEETING PLANNING AND DEVELOPMENT COMMI3'I'EE Monday, March 28~ 2005 -1:00 p.m. City Manager's Conference Room 1. ROLL CALL The meeting was called to order at 1:02 Present: Councilmember Sue Benha~m, Chair Present: Councilmember David Couch Absent: Vice-Mayor Mike Maggard 2. ADOPT JANUARY 31, 2005 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS 4. DEFERRED .BUSINESS A. Discussion and Committee recommendation regarding downtown development incentives Community Development Coordinator George Gonzales reported Economic Development Director Donna Kunz was serving on a panel and unable to attend the Committee meeting. At the Committee's request, Donna Kunz has met with Cathy Butler from the Downtown Business Association (DBA). A map was provided of locations in the downtown in which the :DBA would like to see redevelopment efforts directed and has'requested Redevelopment Agency assistance for future redevelopment opportunities. Donna Kunz will be meeting with the Redevelopment Agency on the request from the DBA. It was noted Redevelopment Agency assistance triggers minimum wage on development projects. Donna Kunz will also be meeting with Sherman Gross, one of the property owners whose properties have been identified as a potential redevelopment site. Committee_ Chair Benham stated she would like to be included when staff meets with Mr. Gross. DRAFT AGENDA SUMMARY REPORT PLANNING AND DEVELOPMENT COMMITTEE MEETING Monday, March 28, 2005 Page 2. Cathy .Butler,-Downtown Business Association, spoke regarding code enforcement on properties in the area identified for redevelopment efforts and not knowing which agency to contact. Complaints to code enforcement turn out to be environmental health or sanitation issues, and responses take longer when reported to the wrong agency. The' DBA would also like to form a graffiti team to help with graffiti clean-up efforts. City Manager Alan TandY responded if the DBA will direct specific code enforcement type issues to him, he will coordinate with the different departments. Public Works Director Raul Rojas explained if the DBA would contact Steve Hollingsworth in General Services when the graffiti team is organized, paint and brushes would be provided for the team's graffiti cleanup. Committee' Chair Benham requested a report back to the Planning and Development Committee at its May meeting from Economic Development Director Donna Kunz on the results of her meeting with the Redevelopment Agency. B. Discussion and Committee recommendation regarding appeals of extension of vesting rights Committee Member Couch requested this item be deferred one more time. The Committee agreed and deferred this item (Committee Member Maggard absent). It was noted the April agenda may already be full. 5. NEW BUSINESS A; Discussion and Committee recommendation, regarding Bakersfield growth indicators Committee Chair Benham explained the Smart Growth Coalition of Kern County had a study done on Growth Indicators for Metropolitan Bakersfield, which they provided to the Committee for review and comment. Development Services Director Stan Grady stated the areas in the study of most interest to the City are those that address population density, transportation, air quality and public service resources. During review of the study, staff found discrepancies in some of the statistics, but tried to foCus more on the overall study. Density. The following is an important difference, which should be noted: The statistics on density in the study indicate Bakersfield will end up with a density of 1,275 persons per square mile. Bakersfield's average density is about 2,300 persons per square mile (117 square miles and 280,000 people). Some of the areas are not yet fully developed so the 2,300 persons per square mile will. increase. TransPortation Costs, Public Works could provide more details, but addressing transportation, road maintenance, and repair costs have been made a priority. DRAFT AGENDA SUMMARY REPORT PLANNING AND DEVELOPMENT COMMITTEE MEETING Monday, March 28, 2005 Page 3 Air Quality. There is a lengthy report on the City's website, which was presented to the Planning Commission. There is a State requirement to reach certain reductions by 2010. Although the City may not reach these reductions by 2010, the City's air quality is improving. The technology being applied to newer care is working to cut pollutants. Progress is being made, but there is much to be done. The City is working with the building industry and the Sierra Club to address an air-quality program, which staff feels will be .an improvement in addressing the issues regarding development and CEQA requirements. Development Services Director Stan Grady explained staff tried not to take a position for or against the study, but just give a look at what is going on in our community. The underlying sentiment in the study was address during the General Plan update process. There are people in the community concerned about the way the community is developing regarding the need for higher density and transit organized development, which is more related to the look and feel of the community than 'overall environmental issues. Bakersfield's density is comparable to emerging communities throughout California and although there is a difference of opinion on how we should be developing, the policy has already been set by virtue of the adoption of the General Plan .Update. There are some developments being envisioned in the future with higher denSity, walkable communities and parkways with a mixture of offices and housing. The developers are cautious with their approach and want to make sure that there is a market with demand for this type of development. Holly Hart, the person who worked to get the grant to do the Growth Indicators Study of Metropolitan Bakersfield for the Smart Growth Coalition, spoke regarding cities finding .ways and indicators to measure against the word "quality," as in quality of life issues. These indicators can then be used to monitor and quantify those things that are valuable and important to the community. Committee Member CoUch requested staff to identify the discrepancies in what staff sees and what the report says. Also, in figuring density, take out the Kern River corridor, California State University Bakersfield and the other nOn-developable areas to arrive at the square miles used in the equation. Ms. Hart explained the density statistic used was overall including Bakersfield and the outlying metro area, not just Bakersfield. Development Services Director Stan Grady responded sales in high density developments could be tracked; however, the information may not give a good picture in the current market, as everything being built is selling. Ms. Hart stated there are two cities that have built the high density, mixed-use developments and have significantly increase revenue from sales and property taxes. DRAFT PLANNING AND DEVELOPMENT COMMITTEE MEETING Monday, March 28, 2005 Page 4 City Manager Alan Tandy agreed with this conclusion, but explained the increased revenue is often off-set by extra services needed in high density developments, such as police services. ' · Committee Chair Benham requested staff to track and report back in a year on the success of the higher density housing developments that are being built in Bakersfield; and to provide statistics from other cities on increased revenue generated by high density mixed-use developments from sales and property taxes at the June Committee meeting. B. Discussion and .Committee recommendation regarding.railroad crossings and traffic control devices Committee Member Couch explained at the meeting with Senator Florez regarding railroad crossings he discussed with the Senator that State Vehicle Code regulations make it difficult to get stop signs put in because a traffic study shows the intersection does not warrant placement of a stop sign. He referred this to Committee for review because the idea of waiting and having traffic accidents doesn't seem logical unless there are underlying reasons. City Manager Alan Tandy explained the State actually uses Federal Code for most of its regulations, but mostly this is a liability limiting issue. There are a lot of traffic accidents where traffic engineering shows statistically the evidence on the cause of the accident contradicts what common perceptions are. For-example, most neighborhoods perceive it is safer if stop signs are put in because of an assumption that this makes people slow down and if people slow down, it will be safer. Unfortunately, what actually happens if stop signs appear in places where they are not natural and are contrary to a driver's normal experience, a high percentage of drivers will not see it and roll through the intersection making it dangerous for pedestrians who rely on the stop sign thinking the stop sign makes crossing safe. There is a lot about traffic engineering where statistically the evidence is contrary to popular belief. Public Works Director Raul Rojas explained although there may be accidents or even a fatality at an intersection, the worst accidents happen at controlled intersections, because someone runs the light and the oncoming traffic relies on the traffic light and the impact causes the worst accidents and fatalities. Traffic lights and stop signs are a perceived safety issue and that makes it more dangerous. There are some instances when the traffic engineer can use a little discretion.if the intersection is close to meeting warrants. However, the Public Works Director expressed staff would not like to deviate from current practice of relying on traffic engineering studies to determine if the intersection warrants a signal or stop signs. Committee Member Couch requested Public Works staff to provide him with a copy of the sections in the code relating to determination if an intersection warrants a signal or stop signs. The Committee took no further action. D AFT AGENDA SUMMARY REPORT PLANNING AND DEVELOPMENT COMMITTEE MEETING MondaY, March 28, 2005 Page 5 C. Discussion and Committee recommendation regarding local control of group'homes Development Services Director Stan Grady reported there is a 300 foot separation restriction for residential care facilities. The 300 foot separation restriction does not apply to alcohol and drug rehabilitation homes. State law preempts local zoning controls over licensed residential care facilities. If a licensed facility serves six or fewer persons, State law states this is a residential use and, therefore, cannot be treated any differently that a typical family living situation. If a facility serves more than six people, City regulations require a conditional use permit in a residential zone (except in the R-4 zone for people with disabilities). Staff attended a workshop and there was discussion the 300 foot separation may. be extended. Staff is researching to verify if this is actually going to be law and if the City can apply this to group homes. Committee Chair Benham requested staff to bring this back to the Committee when staff determines if the City can be more restrictive than the City's current requirements under State law. 6. COMMI'R'EE COMMENTS 7. ADJOURNMENT The meeting adjourned at 1:51 p.m. AttendanCe-staff: City· Manager Alan Tandy; City Attorney Ginny Gennaro; Assistant City Manager John Stinson; Development Services Director Stan Grady; Public Works Director Raul Rojas; Assistant Public Works Director Jack LaRochelle; Assistant Finance Director Nelson Smith; Community Development Coordinator George Gonzales; Public Works Traffic Engineer Steven Walker; and Public Works Civil Engineer Ryan Starbuck Attendance-others: Brian Todd, BIA of Kern County; Mike Turnipseed, Kern Tax; Holly Hart and Terrie Stoller, Smart Growth Coalition; Kath McWhorter, Castle and Cooke; Chris Bagdikian, reporter, The Bakersfield Californian; Cathy Butler and Mimi Audelo, the Downtown Business and Property Owners Association; and Grant Simpson, KGET-TV cc: Honorable Mayor and City Councilmembers SSJOHN~Council Committees\05Planning&Development\05Mar28summary.doc B A K E R S F I E L D CITY MANAGER'S OFFICE April 20, 2005 TO: Alan Tandy, City Manager FROM: Alan Christensen, Assistant City Manager,~='_ SUBJECT: Strengthening the Urban Forestry Program Staff has been working on ways to strengthen the Urban Forestry program taking a holistic approach to include increased staffing, additional equipment, private contracts, expanded training, closer relations with the Tree Foundation, and other reorganization plans. Then just recently the Urban Forester resigned, which puts a wrinkle in our reorganization plans. The following highlights of our plan include: · Replace Urban Forester position with a Parks Supervisor to oversee tree maintenance operation. · Budget two (2) additional Service Maintenance Work positions for Trees. · Budget one (1) Parks Technician position to assist with reviewing plans and meeting growth demands (This position is paid for with development fees). · Reassign Fleet System Analyst to fill a Parks Services Technician position to assist with tree inventory and work orders systems. · Budget for (1) Truck with chipper bed, (1) Tree Spade, and (1) Boom Truck for tree maintenance. · Require Parks Supervisors, Tree Supervisor, and Parks Technicians to earn Certified Arborist designation. · Parks Supervisors will have responsibility for tree issues in their assigned areas · Train all Tree Section and Plan Checking staff in Citizen Forester and Certified Tree Worker programs. · Budget $150,000 for contract tree maintenance in FY 05-06. · Contract with West Coast Arborists to finish tree inventory in electronic format. · Conduct monthly planning meetings with the Tree Foundation to coordinate activites. · Contract with Tree Foundation for grant applications and administration. · Develop an independent tree planting program sponsored by Tree Foundation. · Tree Foundation to take a larger role in educating private owners of trees and in public relations. · Ensure that Planning and Parks staff review commercial plans 30% shade canopy. Staff feels this broad initiative Will produce a more effective working relationship within the department and with the Tree Foundation, and provide better service to the public overall. B A K E R S F I E L D MEMORANDUM April 20, 2005 TO: Planning and Development Committee FROM: ~.?'!:Stanley C. Grady, Development Services Director SUBJECT: GPA/ZC Inconsistency Development Services staff researched the number of properties with inconsistencies between their general plan land use designation and zoning. We have reviewed the parcels and have developed recommendations to correct the inconsistencies. Staff prepared a map (which we will provide at the Planning and Development meeting due to its size) using the GIS to compare existing general plan designations verses the underlying zoning on a parcel-by-parcel basis. Until recently, when both zoning and general plan information became available at the parcel level in the GIS, this comparison was not possible except on a generalized scale. The comparison identified those parcels where the general plan and zone were inconsistent, such as a lot having a land use designation as residential but zoned commercial, or a land use designation that limited housing density to a lower level than permitted by zoning. The result shows approximately 2,620 acres or 4 square miles that have inconsistencies. Of that total, 1,958 acres are zoned residential, 289 acres are zoned commercial, and 373 acres are zoned manufacturing. Alternatives: 1. Change the zoning o Initiate a comprehensive zone change to bring each parcel's zoning into compliance with the existing general plan designation (city pays processing costs). 2. Change the general plan o Initial a comprehensive general plan amendment so that the land use designation is consistent with each parcel's zoning (city pays processing costs). 3. Address the most pressing land use classification o Initiate a general plan amendment or zone change for either the residential, commercial, or manufacturing affected properties - changes to occur in phases based on land use type (city pays processing costs). 4. Change developed properties to existing use o Initiate a general plan amendment or zone change for only those properties with existing development. The land use designation and zoning would be based on the existing use; undeveloPed or vacant lands would be brought into consistency when the property owner developed (city pays processing costs for existing developed lands, developer pays cost for undeveloped lands). ... ;~Planning and Development Committee April 20, 2005 Page 2 5. Process owners request consistent with general plan o The property owner would initiate said changes and pay.for processing at the time they develop or change uses. Alternative number 3 is preferred if the committee desires the City to take an active role in addressing the inconsistencies. The intent would be to only pursue inconsistencies for residential use of property where the inconsistency involves enough property to constitute a neighborhood. Individual scattered parcels would not be addressed. The general plan or zoning would be changed as necessary to make the existing land use consistent with the general plan. It is likely that there will be disagreement among property owners regardless of which course we pursue. CC: 'Alan Tandy, City Manager John W. Stinson, Assistant City Manager S:\Stanley\devel commit MEMO.doc The following documents pertain to the: PLANNING & DEVELOPMENT COMM. meeting of Monday, April 25, 2005 at 12:00 Noon. Bakersfield Municipal Code - T'rde 17, Zoning Ordinance HD Zone DRAFT ..D FT Chapter 17.$$' HD HILLSIDE DEVELOPMENT COMBINING ZONE Sections: 17.66.010 Purpose and intent 17.66.020 Applicability 17.66.030 Maximum grade of access 17.66.040 Contour grading 17.66.050 Development plan requirements 17.66.060 Vicinity plan 17.66.070 Key box requirements 17.66.080 Driveway requirements 17.66.090 Fire apparatus access roads 17.66.100 Emergency secondary access 17.66.110 Bridges 17.66.120 Address markers 17.66.130 Building construction 17.66.140 Roof repair or replacement 17.66.150 Fire scape plant selections 17.66.160 Defensible space 17.66.170 Drainage sumps 17.66.180 Grading 17.66.190 Appeals April 2005 Chapter 17.66, Page 1 ,Bakersfield Municipal Code - 7'Ele 17, Zoning Ordinance HD Zone 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. The HD zone district is an overlay zone. The regulations established by the HD distdct 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 plan review before .the Planning Commission and City Council to ensure hillside/open space development policies in the general plan are incorporated into the.project. 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 polity and/or ordinance intent. The provisions of this ordinance are intended to apply to areas zoned HD (Hillside Development). This oveday zone will generally be applicable to those larger contiguous areas generally having average natural slopes of 8% or more (see Exhibit A - refer-to the end of this chapter). These regulations shall apply to all projects relating to grading, building permits, parcel maps, tentative tract maps, conditional use permits, zone changes, general plan amendments and site plan review. The following pro~isions are intended to apply to allparcels of landwithin the 9CCD zone. These regulations shallapply to allprojects relating to grading, building permits, parcelmaps,. tentative tract maps, cortafftionaluse permits, andplansfor development revie~a~. Generalplan amendments andzone changes affecting this land shaIIalso be subject to revie~v in accordance with the provisions of these regulations. A. Permit deve~nt in hillside areas that minimize erosion and geologic hazards, and that provide for the protection of the pubic health, safety, andwelfare. Provide for orderly andsensitive development at a density that respects and is reflective of the natural terrain. C. Bncourage grad~ng techniques that 61end with the natural terrain, minimize eanhmaving activity, minimize visual impacts of large cut and fillslopes, andprovide for the presewation of unique andsignificant natural landforms. -. CD. P4duce water use in slope replanting and retention by encouraging grading design that minimizes manufactured slopes. Apdl 2OO5 Chapter 17.66, Page 2 Bakersfield Municipal Code - 7-~e ~ 7, Zoning Ordinance HD Zone D AFT B. fl4aximize the positive impacts of site design, tlrading, landscaping, and build~ng design consistent with the goals andpo&'ies of the generalp~n. 9ffaintain the integrity andnaturalcharacteristics of major landform, vegetation and wildlife communities, hydrolotIic features, scenic qua~ties, and open space. 17.66.020Appl. lOABll_l'l'Y. This overlay district shall apply to areas zoned HD (Hillside Development).' A. The folloxdng provisions are intended to apply to parcels or portions thereofun'thin the yfcD zone. (Development shall be subject to these additional regulations for all grading, building permits, parcel maps, tentative tracts, cortditional ~ae permits, and site plan reviews, Generalplan amendments andzone changes that propose or will apply to this zone, shallalso be subject to review in accordance with the provisions of this chapter. · . Slope calculation. The average naturalslope shallbecalculatedby using thefollrun'~ formula: ooo229.) S= A Key: S = average naturalslope in percent I = contour intewalinfeet L = totallength ofallcontour lines within the boundary of the area being measured )I = net acreage of the area being measured 0.00229 = constant usedto convert one square foot to acres, andslope to percent Where a site has dramatically different topographic characteristics, the city may divide the site into severalareas in order to differentiate slolxs of 30% or more from those that are less than 30%. C. Bxceptions. This chapter shall not be appEcable to the following activities or projects: 1. Pool~spa construction on the same parcelas an existing single family dwelling. April 2005 Chapter 17. 66, Page 3 ' ~ Bakersfield Municipal Code - T'~e 17, Zoning Ordinance HD Zone accessory structure that predates this ord~nanc~ Bfis exemption 8halI not inc£ude an increase in t~ num~er of units or c[mn~e in use. 3. AccessOry structures on the same lot as an e~sting single family dwel~ng. 4. Bire breab6 and fire roads required by the $akerqcield Gire Department. 5. Recreation trails for pedestrian, equestrian, or multi-use purposes. 6. Lot line adjustments. 7. Landscaping on single family parcels. 8. 9dod~fications to yard, height, lot area and fence/wall regulations. 9. Petroleum wells pursuant to Chapter 1J. 66. 10. Agricultural gra~'ng and planting. 11. Pu61ic Works projects 17.66.030 MAXIMUM GRADE OF ACCESS. Maximum grade of streets, public or pdvate, and other access easements shall be determined in accordanCe with "A Policy on Geometric Desiqn of Highways and ,Streets," Amedcan Association of State Highway and Transportation Officials (AASHTO) 1990, for design of maximum grades for arterials, collectors and local streets. 17.66.040CONTOUR GRADING. All manufactured cut and fill slopes 'exceeding 10 feet in height which are exposed to any public view shall be landform graded (see Diagrams 1-4 for illustrations of the intent .- refer to the end of this chapter) so that their ultimate appearance will resemble a natural slope. This will include slopes along streets and highways, slopes adjacent to parks, schools, open spaces, and other public facilities. 17.66.050 DEVELOPMENT PLAN REQUIREMENTS. Apa12005' Chapter 17.66, Page 4 · ~ Bakersfield Municipal Code - T'~e 17, Zoning Ordinance HD Zone The following shall be shown on all development plans as applicable (confer with Planning staff) 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. A. At the time an app&ant appliesfor a tentative map, conditional use permit, site plan revie~o, generalplan amendment, zone change, or grading permit in an area cleft'ned'in Section 17.66. 020, the appbzant, shall in addition to or in-lieu of all information required by the city's zoning, subdivision, building and grading ordinances, and environmental reviexv procedures, submit the folleun'ng: 1. A site or plot plan draum to scale of 1"= 100' or larger., rq"lecting the proposed project, incluaqng property lines, and recorcled and proposed ea~ments, private roads, pubbc rights-of-way, and average natural slope of all lots. 2. A topographic map of the project site which shaftalso extendoffsite 300feet in d'~stance to incorporate the topography of all abutting properties as it relates to project site. The map shall be drav. m at the same scale as the site plan and shall be based on contour intervals no greater than lO feet except where steep terrain Svarrants a greater contour inte~val as approved by the Planning cDirector. 3. A preliminary grading plan prepared by a registered civil engineer inacwating the height andwidth of all manufactured slopes, proposed drainage patterns, methods of storm water retention/detention, and identification of areas that wil~ remain in a natural state. Of-jcsite contours for adjacent, unimproved areas ~ithin 300feet of the project's boundaries shall be provided If the adjacent. Chapter 17.66, Page 5 Bakersfield Municipal Code - Title 17, Zoning Ordinance HD Zone property is improved pad elevations, street grades, wall sections, and any approved or existing improvements s~ll be sheurn, 4. Ho less t~n two cross sections (number to be determined by the Planning ~)irector) which completely traverse the property at appropriately spaced inter~als in locations where topographic variation is the greates, t shall be prepared b~ a registeredcivilengineer.. The cross sections shallcleady depict the verticalvariation between naturaland finished grade andshallextend 3OOfeet 6eyond the project 6oundaries. 5. A landscape plan is required, for any conditionaluse permit or site plan review, drawn at the same scale as the site plan sho~ing e.T-tsting andproposed trees andw~t trees are planned to be removed, as wellas any significant plant additions and irrigation. In addition to the information listed in subsectionA of this section, the Planning Director, Oty Engineer, $oardof Zoning Adjustment, Planning Commission or City Council may require submittal of any or all of the follougng: 1. A soils engineering report which shallcontain, but not be limitedto, data regarding the nature, distribution and strengths of exgsting 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 The report shall indude e~idence t~t adequate soil percolation e~sts to permit disposalof domestic sewage effluent if such septic system is proposed for the development. This investigation and report shall be performed by a professionalcivilengineer who is e~perienced in thepractice of soilmec~nics andwho is registeredwith the State of Cal~forn~ ' 2. A geology report which shall inclucle, but not be ~mited to, the surface and suesurface geology of the site, degree of seismic Imzard, conclusions and recommendations regardng the effect of geologic conditions on the proposed development, opinions and recommendations covering the adequacy of the sites to be developed, and design criteria to mitigate any identified geologic hazards. This investigation and report shall be con~leted by a certi_fied engineering geologist who is ePperienced in the practice of engineering geology and who is re~.istered with the State of Cal~fornia. 3. A hydrology report which shall include, but not be ~mited to, the hydrologic Apr# 2OO5 ' Chapter 17.66, Page 6 ' ~ .Bakersfield Municipal Code - 7-~e 17, Zoning Ordinance HD Zone natural drainage courses, conclusions and recommendations regarding the ~fect of hydrologic conditions on the proposed development, opinions and recommendations co~ering the adequacy of the sites tobe developed, and acesign 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 prox6de consideration for each lot or dwelling unit sitein a proposed development project. This investigation and report shall be completed by a registered Ci~il Engineer e~perienced in the science of hydrology and hydrologic investigation. 4. A computer generatedthree-dimensionalgraphic representation of the project site may be required if deemednecessary for reason of clarity. D. Residential development shall not exceed the maximum density permitted by the general plan land use category applicable to the area in zvhich the property is located except that: 1. Ho lot shall be createdafter the effective date of this ordinance on which the average naturalslope exceeds thirty O0) percent except if the lot contains a contiguous area of six thousand(6000) square feet and there is not slope in the site greater than ten (lO)percent ~ohere development isproposd This information will be shou,n on the tentative map. E. Ho habita6le structure shall 6e built within 150' of an area of 30% naturalslope. 17.66 060VICINITY PLAN. The Fire Chief may require additional information on the plan beyond the property lines related to slopes, vegetation, fuel breaks, water supply systems and access ways (driveways, secondary access, etc.)as needed. 17.66.070KEY BOX REQUIREMENTS. Fire Department approved key boxes shall be required for driveways and access roads with private security gates if any part of a building is more than 150 feet from the gate entrance. 17.66.080DRIVEWAy REQUIREMENTS. April 2005 Chapter 17.66, Page 7 ,,Bakersf'~ld Municipal Code. 7-~tle 17, Zoning Ordinance HD Zone 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 Fire Chief, in addition to turnarounds. Turnouts shall be constructed of an all weather road surface at least 10 feet wide by 30 feet long. Allproposed driveways and-access roads shall 6e designed to provide convenient andsafe access while minimizing the extent of grading. The follozving standards shallapply to all lands subject to this ankle in addition to the requirements of the City of $akersfieldLand Division Ordinance. 1. Driveways and access roads shall enter the fronting pu66c road or street shall not deviate from a 90 degree angle by more than 15 degrees unless otherudse approved by the Traffic Bngineer. 2. cDriveways shall be designed and constructed in such a mannerthat stormzvater runoff originating on the road~way ~ill not drain dozvn the drive, and stormzvater runoff originating on the private property zvill not drain down the roadway, except in the ditch or gutter line. 3. Adequate and safe sight d'tstance shall beprovided for at design speedof fifteen (15) miles per hour. 4. gVhenever feasible, driveways andaccess roads shall be installedparallel to elevation contours and shall not cut perpendicularly across contours. Be maximum grade for driveways shall be f~en (15)percent. Slope easements for streets ~ill be required zvherever deemed necessary by the City Bngineer. Where slop easements occur, public utility easements shall be locatedoutside (azoayfrom the street right-of-way)of the slope easement. 6. Be Rvalues for the determination of pavement section design shall only be taken after rough grading of the streets has been completed Allstreet construction plans shall, based on the results of a soil investigation, inacwate whether reactive, ezrpansive, or sulfate-containing soils e~st in the street areas andat any potential borrow sites. If any of these e:~st, then the plans shaft Chapter 17.66, Page 6 Bakersfield Municipal Code - Title 17, Zoning Ordinance HD Zone construction details are to be implemented tomitigate tltese condltib~rff; ~'-~a a 17.66.090 FIRE APPARATUS ACCESS ROADS. When reqUired by the Fire Chief, apparatus roads 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 roads in excess of 150 feet in length must be provided with turnaround as approved by the Fire Chief. 17.66.100EMERGENCY 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. 17.66.110BRIDGES. 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. 1'7.66.120 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. 17.66.130BUILDING CONSTRUCTION. Class ^ or class B noncombustible roof covedng 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 April 20O5 Chapter 17.66, Page g . .Bakersfield Municipal Code - T'rSe 17, Zoning Ordinance HD 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. Exceptions: 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. 17.66.140ROOF REPAIR OR REPLACEMENT. Roof covedng 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 covedng consistent with Section 17.66.130. 17.66.15'0 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 I - refer to the end of this chapter). 17.66.160DEFENSIBLE 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. ,~ri/2oo5 Chapter 17.66, Page 10 "~ Bakersfield Municipal Code - ]'die 17, Zoning Ordinance HD Zone O N^ E suMpS. All drainage sumps shall have direct access to public roads. Allproposed drainage facilities shall respect the natural terrain, preserve major drainage channels in their naturalstate, and be designed in such a manner as to minimize soilerosion and to othemfse preserve the pub& health, safety, andwelfare. The follow~'ng standards shall apply to all lands subject to this article in addition to the requirements of Title 16 (Land cDi~ision Ordinance). 1. To the maximum extent possible, allnaturaldrainage courses serving major drainage areas, and containing significant perennial vegetation which may constitute a significant wild~fe habitat, shouldremain in their naturalstate. 2. In the event that off site drainage facilities will be required to handle increased runoff, interior drainage facilities which provide for no increase in peak runoff from a ten (lO)year storm shall be constructed and maintained until such time as the permanent facilities are completed 3. The overalldrainage system shall6e completedandmacle operatiomlat the earliest possible time during construction or shall be otherwise provided for in a manner acceptable to the City of ~aker~ield. 4. The 5-year design~ is street gutters shall not top the curve, shall not exceed a velocity of lO feet per seccrtd,, andshallnot exceedaflow of 15 cubic feet per secoytd... J. cDrainage basins shallnot be constructed of fillmateria6 nor shall they be constructedwhere the design high water elevation is greater than that of any adjacent natural grade (the sides 9c the basin shall not act as a dam to retain drainage from lower-l_)n'ng areas). 6. Other than for street gutters, all drainage shall be conveyed within closed conduits unless othevudse approved by the City Bngineer. Analysis and design of erosion controlmeasures shall be approved by the Oty Bngineen .April 2005 Chapter 17. 66, Page 11 Bakersfield Municipal Code - T~tle 17, Zoning Ordinance HD Zone ?.66. 8o raD NG. D AFT All grading shall be contoured to conform to the natural slopes to the greatest degree possible. Examples of such grading is shown in Diagrams 1-4 (refer to the end of this chapter). 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. Grading shall respect the natUra£contour of the existing l~rrain. The following grading standards shall app£y to all land subject to this article in addition to the grading requirements of Chapter 70 of the latest edition of the -Uniform Suilding Code as adopteclandmodified, or as may be adopted or modified from time-to-time. I. Grading shall be l~mited to 6uilding pads andaccess streets thereto, and e~ensive grading shall be discouraged 2. Ho cuts in excess of sixteen (16)feet in height.from topto-toe shall be alloxved 3. ~Vhere grading is necessary, thefollowing principles of contour grading shall be employed: a. Graded slopes shall be rounded and shaped to simulate the natural terrain. b. Grading shallfolloxv the naturalcontours as much as possible. c. Graded slopes shall blend with naturally oarurdng slopes at a radius compatible with the e:ffsting natural terrairc d Gradedslopes shallbe revegetatedwith a mixture ofgrass seedorshrubs as recommended by the Planning ~irector. Planting may be ~vaived by the Planning cDirect° r for slopes that, due to the amount of rock material or poor soi6 will not support plant growth. · e. Unless aflatterslope is othemoise recommendedin a soilinvestigation,, the steepest slope allowed shall not exceed2 unit horizontal to I unit vertical Allslopes steeper than 4 unit horizontal to I unit verticalshall have a type of slope protection as approved by the City Bngineer, ~uilding Offu'ialand/or the Parl6 ~epartment (as appFurable). Ap#120O5 Chapter 17.66, Page 12 Bakersfield Municipal Code TTtle 17, Zoning Ordinance HD Zone' f . Only slopes within pubic parkways sltall be maintained by a city maintenance district. Allotlter slopes shall bemaintained by the property oumer unless approved by tlte Pff. creation and Parks Department. 17.66.190 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 Council or 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 is in conformance with the intent of this Chapter and that the modification does not lessen any fire protection or other public safety requirements. April 2005 Chapter 17.66, Page 13 HILLSIDE DEVELOPMENT WHERE DO WE GO FROM HER ? GENERAL PLAN POLICIES · . RIDGELINES WITHIN THE PLANNING AREA SHOULD CO.NSIDER NATURAL TOPOGRAPHIC CONSTRAINTS ·HILLSIDE DEVELOPMENT SHOULD EXHI.BIT SENSITIVITY AND BE COMPLIM'ENTARY TO THE NATURAL TOPOGRAPHY ·REQUIRE THE USE OF GRADING TECHNIQUES IN HILLSIDE AREAS THAT PRESERVE THE FORM OF NATURAL TOPOGRAPHY AND RIDGELINES ADOPTED ORDINANCE' · STREET GRADES- AASHTO STANDARDS ·APPLICATION REQUIREMENTS -TOPO, ROAD GRADES, LANDSCAPING, STRUCTURES, UTILITIES, BUILDING OCCUPANCY, IGNITION-RESISTANT CONSTRUCTION, ROOF CLASS, WATER SUPPLY, FUEL LOADING MODEL ·FIRE PROTECTION STANDARDS ·DEFENSIBLE SPACE- 30' AROUND BUILDING ·GRADING CONTOURED TO CONFORM TO NATURAL SLOPES ORIGINAL PROPOSED ORDINANCE · 30% SLOPE THRESHOLD / PROTECTION · APPLICATION REQUIREMENTS -TOPO, GRADING PLAN, CROSS SECTIONS, SOILS REPORT, GEOLOGY REPORT, HYDROLOGY REPORT · NO LOT CREATED ON 30% SLOPE / UNLESS ·GRADING TO RESPECT NATURAL CONTOURS - LIMITED TO BUILDING PADS AND STREETS - NO CUTS IN EXCESS OF 16 FEET - SLOPES ROUNDED AND SHAPED - FOLLOW NATURAL CONTOURS - GRADING TO BLEND WITH NATURAL SLOPES · REVEGETATION OF GRADED SLOPES ·SIGNIFICANT NATURAL DRAINAGES TO REMAIN IN NATURAL STATE · STREET GRADE 10% · BLUFF SETBACK 150' FROM 30% (STRUCTURES) Greater Than 30% Slope