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HomeMy WebLinkAbout03/04/1998 BAKERSFIELD Kevin McDermott, Chair Randy Rowles Patricia M. Smith Staff: Dolores Teubner URBAN DEVELOPMENT COMMITTEE Wednesday, March 4, 1998 12:15 p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue Bakersfield, CA 1. ROLL CALL 2. APPROVAL OF FEBRUARY 4, 1998 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. FREEWAY UPDATE - Rojas 6. NEW BUSINESS A. YARD ENCROACHMENTS FOR CARPORTS, CANOPIES AND PATIOS Hardisty B. REVIEW OF PLANNED UNIT DEVELOPMENT (PUD) PROCESS - Hardisty 7. ADJOURNMENT DWH:jp FILE COP ' DRAFT BAKERSFIELD -~-' (~ ~ Kevin McDermott, Chair Alan Tandy, City Manager Randy Rowles Staff: Dolores B. Teubner Patricia M. Smith AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMITTEE Wednesday, February 4, 1998 12:15 p.m. City Manager's Conference Room 1. ROLL CALL Call to Order at 12:30 p.m. Present: Councilmembers Kevin McDermott, Chair; Randy Rowles and Patricia M. Smith 2. APPROVAL OF JANUARY 7, 1998 MINUTES Approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS A. FREEWAY UPDATE Staff gave an update on the status of freeway projects in the metro area. The Route Adoption EIR for the Kern River Freeway is nearing completion. CalTrans is compiling public comments that were given and will be submitting them to the FHWA. Staff does not anticipate any new issues being raised with regard to the proposed alignment. Kern COG expressed some concern over the approval of funding for the Kern River Freeway. Kern COG members wanted to insure that future funds would be available for projects in other cities. Staff is working with Kern COG to resolve this issue. DRAFT URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Wednesday, February 4, 1998 Page -2- B. DOWNTOWN TREE PLANTING Councilmember Rowles referred this item to staff to develop methods to facilitate voluntary tree planting by downtown businesses. He indicated that often the cost of installing an irrigation system makes tree planting cost prohibitive for small private businesses. As an inducement to plant trees, it was suggested that a waiver of the requirement to install automated irrigation be given and instead businesses could arrange for other means to water trees such as contracting with the Tree Foundation or the City for watering with a water truck. Staff was directed to discuss this issue with the Tree FOundation and the DBA and return to the Committee with a proposal. C. 1998 PROPOSED MEETING CALENDAR The schedule was adopted as proposed. 6. NEW BUSINESS A. SITE PLAN REVIEW Staff outlined the latest proposal for site plan review procedures. The procedure provides for an initial review and approval of a site plan by the Development Services Director who will conduct a CEQA review, another review by the Site Plan Review Committee will occur at the time of application for a building permit. The procedure further allows for any party to appeal the decision to the Planning Commission. However, the Planning Commission may only verify the consistency of the plan with standards already adopted by the City Council. No new standards may be imposed. The procedure also calls for all development policies to be adopted as part of the Municipal Code and the proposed ordinance reiterates some state law to make it easier to understand. Staff indicated that site plan review is not architectural or elevation review under CEQA. This new procedure provides for a means to review environmental impacts without making the City overly bureaucratic. Staff was directed to move forward with presenting the proposal to the Planning Commission. 7. ADJOURNMENT Adjourned at 1:20 p.m. cc: Honorable Mayor and City Council DBT:jp URBAN DEVELOPMENT COMMITTEE - 1998 ADOPTED MEETING SCHEDULE WEDNESDAYS @ 12:15 PM COMMITTEE MEETING COUNCIL MEETING January 7 January 14 None January 28 February 4 February 11 None February 25 March 4 March 11 None March 25 None April 8 April 15 April 22 None May 6 May 13 May 20 None June 10 June 17 June 24 None July 15 July 22 None None August 12 August 19 August 26 None September 9 September 16 September 23 None October 7 October 14 October 21 None* November 4 None* November 18 None December 2 December 9 December 16 *No meeting scheduled because of holidays. March 4, 1998 STATUS OF FREEWAY AND STATE HIGHWAY PROJECTS METROPOLITAN BAKERSFIELD AREA Public Works Department Jacques R. LaRochelle, Engineering Services Manager State Route 99 The landscape project between Wilson Road and Golden State/Airport Drive is continuing. Seismic Retrofit Prolect Work continues on the seismic retrofit of 12 bridges in the metropolitan area. To date work on eight of the bridges has been completed. Work on the 24th Street bridge at the Kern River is expected to be complete. The structural portion of the work at Wible Road and SR 99 is complete. The work on Airport Drive at the Calloway Canal is still underway. Kern River Freeway (S.R. 58 Adoption Study) The Kern River freeway passed a major milestone last month. On February 19, the KernCOG board approved the Regional Transportation Improvement Program (RTIP) which included $175 million for phase I of the freeway project. The RTIP will be included with other RTIP's statewide and approved by the California Transportation Commission (CTC) on June 2 & 3, 1998. These combined RTIP's along with other interregional State projects will form the State Transportation Improvement Program (STIP). Although Phase I had to be scaled back due to funding limitations, the full project will be constructed in a reduced scope. The remaining elements will be funded in subsequent STIP cycles. In addition to the STIP being approved at the CTC's June meeting, the freeway 58 route will also be adopted by the State. It is anticipated that the route will be formally adopted by the Federal Highway Administration (FHWA) later in the fall of 1998. The Route Adoption EIR is nearly complete. Comments are now being compiled by CalTrans to be submitted to FHWA. According to CalTrans staff, none of the comments submitted by the public or other agencys could not be answered with any concerns mitigated. It anticipated that the final EIR will be entirely complete in late summer, 1998. Other significant dates are as follows: Submit project to STIP in March 1998 Route Adopted by CTC in June 1998 Feds Adopt STIP in November 1998 It is anticipated that right-of-way acquisition will take approximately 1 to 3 years. Construction should take approximately 2 years to complete. The connection to S.R. 99 will be a future phase and will be connected to the City's proposed crosstown freeway described below. S.R. 58 Southern Alternative. (Crosstown Freeway) After construction of the Kern River Freeway, the next highest priority for the City of Bakersfield, and the Bakersfield Metropolitan area is the construction of the Crosstown Freeway. Together these two freeway segments comprise the Centennial Corridor which will eventually provide a direct connection of State Route 58 with State Route 5. Planning for the Crosstown Freeway is in its infancy. Several studies have been conducted to date showing possible alignments as well as preliminary cost estimates. However, for the process to move forward, the route must be adopted by the CTC and FHWA. The Kern Council of Governments, together with both the City and County have applied for Federal demonstration funds to finalize planning for this project and to provide construction for a link to downtown. It is imperative that the proposed demonstration project be re-endorsed by the City Council since re-authorization of the Intermodal Surface Transportation Efficiency Act (ISTEA) is being considered by Congress. The estimated cost for this project is approximately $350 million. This freeway facility is not only vital to provide adequate traffic circulation from downtown Bakersfield to nearby residential areas, but it is also essential to complete the State Route 58 link to Interstate 5. South Beltway The Metropolitan Bakersfield 2010 General Plan shows a "South Beltway" connecting Interstate 5 with S.R. 58 and S.R. 178, circling the southern part of the metro area. The preferred alignment starts at Interstate 5 at Taft Highway (S.R. 119) and continues eastward and northward, crossing S.R. 99 at approximately the ali~munent of Hosking Road. The route continues eastward, intersecting S.R. 58 at either Towerline Road or between Vineland Road and Edison Road. This project is also listed on our local Transportation Impact Fee Facilities List and as such can receive local funding from that source. However, a specific plan line has not been adopted for this route, so no right-of-way acquisition may yet proceed. The City and the County are proceeding with a Tier I Environmental Impact Report. Technical studies are being prepared for the EIR. Notice of preparation has been filed with the State. Once the EIR has been certified, the specific plan line will be adopted and protection of the right-of-way using local funds may begin. Construction is not anticipated to begin until 2020+. Highway 178 @ Commanche Drive/Alfred Harrell Hwy The City, County and Caltrans met regarding a project to realign Comanche Drive to line up with Alfred Harrell Hwy. The initial meeting went well with Caltrans interested in participating in a project. Caltrans asked for traffic counts to be conducted on both existing intersections. These counts were performed by City and County staff. The results of the counts have been submitted to Caltrans for their analysis. Once their analysis is complete, it will determine their level of participation. The next steps will be to provide funding from both the City and County in the amount of approximately $200,000 each agency. This funding coupled with Caltrans funding will be enough to complete the project. BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: MARCH 4, 1998 TO: URBAN DEVELOPMENT COMMITTEE FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR SUBJECT: SEWER TRUNK LINE ALONG KERN RIVER FREEWAY EXISTING PROBLEM For a number of years, the City has been experiencing maintenance and capacity problems of its sewer system serving the DoubleTree Hotel area (formally Red Lion Inn). An extensive study of the area indicated that not only was capacity of the system insufficient, a portion of the sewer main was constructed at adverse grade. The end result is that City crews must clean the sewer main every week. The cost estimate to correct the adverse grade problem is approximately $400,000. Several recent developments have caused us to look into another option to not only provide the necessary remedy to the maintenance problem but also provide sufficient capacity for continued development. These developments include: · Continued progress in development of the Kern River Freeway. · Proposed annexations in the area. · Proposed large multiplex movie theater. · Proposed 55 to 65 unit motel complex (see attached letter). In an effort to provide a global solution, we looked into the feasibility and cost of constructing a trunk line to the west. The cost to provide this trunk line is approximately $1,233,000. The overall benefits of this trunk line deserve consideration. CONCLUSION AND RECOMMENDATION Based on the factors above and the overall benefit now and in the future, staff would recommend we begin the process of providing tbr this trunk line. This would require design, environmental clearance, easement acquisition and construction. We currently have a consultant (Quad Engineering) providing engineering services for the "band-aide" solution. No actual design has been completed to date. With the Council's approval, we could modify the current project to begin design of the trunk line immediately with construction to follow thereafter. Letter 1/21/98 Mr. Jacques LaRochelle Civil Engineer IV - Design City of Bakersfield Public Works 1501 Truxtun Avenue Bakersfield, CA 93301 Re: Sewer System, Marriott Court and Camino Del Rio Court Mr. LaRochelle On behalf of our client, we are proposing to develop the parcel of land at the northwest corner of Marriott Drive and Camino del Rio Court. The project shall consist of a 55 to 65 unit motel complex. Please find enclosed a site plan for your use. It is estimated that construction will start around mid-1998 and the motel will come on-line by the end of the year or the beginning of 1999. We understand that a new 'sewer trunk line' is being proposed to serve this area because of the present lack of capacity. My client would be very interested as to the progress of this proposed project and the possibility of being able to hook-up to the system as an alternate to providing a storage tank and pump system for the effluent to be discharged into the City's system during the off peak hours. ! Thank-you for your attention in this matter. Please keep us abreast of the .:; pr 'ess. rt M. Won~ Architect, NCARB GMW Gilbert M.Wong Architecture/Planning ~ 608 Davies Ct." Bakersfield,Ca ! 93309 (805) 328 1716 MEMORANDUM February 5, 1998 TO: Urban Development Committee FROM: .~_,-~Stanley Grady, Planning Director SUBJECT: PUD/PUD Modification of Approved Preliminary Plan Final development plans for Planned Commercial Developments and Planned Unit Developments used to be reviewed by the planning commission. In favor of a more streamlined approach the ordinance was amended. Final development plans are now handled by staff at site plan review provided they comply with what was approved by the planning commission and city council. The planning directors authority to approve minor changes as contained in the municipal code is restated below. This material may be useful in your discussion of modifications to approved plans. 17.54.050 Final development plan. A. Contents. The final development plan shall be drawn to the same scale and include the information as required for a preliminary development plan, together with any modifications or conditions that were required by the planning commission and city council. B. Procedure. The final development plan for a building permit shall be submitted and processed the same as required for a final site plan pursuant to Section 17.53.060 B.5. The site plan review committee shall review the plan for substantial compliance with the approved preliminary plan and satisfaction with all conditions set forth in the city council's final decision. In instances where the planning commission desires to review the final plan, they may place a condition on the project requiring said plan to be brought back before them for review and approval. (Ord. 3656 § 2 (part), 1995). Page: I of 2 17.54.100 Modification of approved preliminary plan. A. An approved preliminary development plan may be modified by submitting an application for such modification according to the same procedure as is required in the initial review and approval of said plan. B. The flexibility of code requirements ordinarily required in other zones permitted in any initial approval of a P.C.D. zone shall not be considered as a precedent setting, or as a lone compelling reason for approving any modification. C. Any application for a modification to an approved preliminary plan may be approved only after it has been found that it does not deviate from the intent and purpose of this zone and the required findings in Section 17.54.070 can be made. D. The planning director may grant minor changes to an approved preliminary development plan provided any change does not alter the design parameters approved by the planning commission and city council unless they are necessary to comply with the conditions of approval. Changes to the design parameters include but are not limited to, alterations to the architectural desigtl or style intended for the development, the physical placement of buildings or structures, location of access points, parking design, building density or size, or the quantity or quality of landscape material. (Ord. 3656 § 2 (part) Page: 2 of 2 17.53.070--! 7.54.010 in the opinion of the planning director the 17.53.070 Certificate of occupancy. following conditions are met: After construction and before occupancy of a a. The total square footage of required project, the building director or his authorized landscaped area remains constant; representative shall inspect the development to b. The reduction in the required width is determine whether the permit and conditions consistent with the purposes of the landscape thereon have been complied with. If so, he shall regulations of this chapter, issue a certificate of occupancy; if not, he shall I 1. A tree shall be planted at a ratio of one tree order corrections. The development shall not be per thirty-five lineal feet, or portion thereof, along occupied until the certificate of occupancy is a public right-of-way or in groupings which issued. (Ord. 3379 § I (part), 1991). include a number of trees equal to the thirty-five- foot interval. ! 2. In parking lots provide at least one tree for Chapter 17.54 each six parking spaces placed at a maximum of sixty-five foot intervals. P.C.D. PLANNED COMMERCIAL 13. Parking lot trees shall be installed and DEVELOPMENT ZONE* thereafter maintained throughout the parking area to ensure that thirty percent of the parking lot will Sections: be shaded based on calculating ninety percent of 17.54.010 Intent and purpose. the tree species mature shade area. 17.54.020 Uses permitted. 14. Buildings with main entrances facing 17.54.030 Application. parking lots shall be landscaped with a minimum 17.54.040 Rezoning procedure. of one for each fifty feet of linear building frontage 17.54.050 Final development plan.' or portion thereof. Said trees shall be adjacent to 17.54.060 Latitude of regulations. the building and may also be credited for parking 17.54.070 Required findings. lot trees if they comply with the requirements set 17.54.080 Termination of zone. forth in Section 17.53.061 D.12. 17.54.090 Minimum site area. 15. Of the total number of trees required for 17.54.100 Modification of approved the project, thirty percent shall be evergreen preliminary, plan. species. Further, a minimum of half of the 17.54.110 Maintenance of common evergreen trees shall be located at the perimeter of areas and nondedicated the project area. improvements and 16. In addition to the trees referenced in facilities. 17.53.061 D. 12, 13 and 15, evergreen trees shall be installed along the property line perimeter of 17.54.010 Intent and purpose. drive aisles, parking lots, loading areas and It is recognized that an integrated development storage areas as a buffer between office, provides anopportunityforcohesivedesignwhen commercial and industrial uses and property zoned flexible regulations are applied. The planned for residential uses. Said trees shall be spaced no commercial development is intended to allow for further apart than thirty feet on center. (Ord. 3379 innovative design and diversification in thc § I (part), 1991' Ord. 2734 § I (part), 1982). *Editor's Note: Prior ordinances codified herein include portions of prior code Sections '17.47.010---17.47.130. 617 (Bakersfield 3-97) ! 7.54.020---17.54.040 relationship of various uses, buildings, structures, 17.54.030 Application. lot sizes and open spaces while ensuring The application shall consist of the following: compliance with the general plan and the intent of A. A preliminary development plan, drawn to the municipal code. In addition, the development scale, which shall be at the minimum scale would provide adequate improvements and indicated and shall include ali the information as standards necessary to satisfy the requirements of required for site plan review pursuant to Section the public health, safety and general welfare. This 17.53.060 A.3. The number and type of plans zone is not to be used to restrict commercial shall be as follows: development or to compromise other zoning 1. Twocopies at scale of all plans submitted; districts that may be more appropriate for a site. 2. One copy of each plan reduced to a size of Instead, it enables a developer to obtain approval eight and one-half inches by eleven inches; of a specific, detailed plan for a commercial 3. One color rendition at scale of the development which ensures that the uniqueness of site/landscape plan, and elevation plan. the project design being proposed is preserved. B. If the proposed project is to be developed Standards shall be observed without unduly in several stages, indicate the anticipated sequence inhibiting the advantages of modem site planning of development. techniques and innovative planning of commercial C. Show the proposed methods by which the and professional officeneighborhoods, applicant will govern the maintenance and (Ord. 3656 § 2 (part), 1995). continued protection of the development including any common areas. 17.54.020 Uses permitted. D. Indicate all proposed signs for the A. The following uses are permitted in development. P.C.D. zones: E. A completed zone change application on 1. Any permitted use listed in Chapters 17.20 such forms as provided by the city, signed by the (" .. (C-O), 17.22 (C-1), 17.24 (C-2). Any use that is owner or owners in fee of the subject land and the conditional in these zones may be requested as part owner of any option to purchase the property or of the initial zone change and approved as any portion thereof, if any; conditional uses subject to the findings, conditions F. Any additional information, plans, and revocation of rights as set forth in Chapter drawings, elevations, photos, diagrams and 17.64. Uses which are conditional that are improvements as may be required by the planning proposed once the P.C.D. zone is effective shall director to adequately review the project be subject to the provisions of Chapter 17.64. (Ord. 3656 § 2 (part), 1995). 2. Uses and structures which are incidental or accessory to any of the uses permitted in 17.54.040 Rezoning procedure. P.C.D. zones. An application shall be processed as follows: B. The permitted uses may be allowed in A. Pursuant to Sections 17.64.110 through combinations in this zone, provided such use or 17.64.140 of this code regarding zone changes. uses are in harmony with each other and serve to B. If the application is approved by the city fulfill the intent and purposes of the planned council, the zoning map of the area shall be commercial development, changed by identifying the area with the map (Ord. 3752 § 1, 1997: Ord. 3656 § 2 (part), symbol P.C.D. 1995). C. The preliminary development plan as approved, shall be filed with the city and shall, by (Bakersfield 3-97) 618 .54.050--- 17.54.060 reference, be incorporated into and thereby become A. Height limitations or any bulk require- . ~' a part of the zoning ordinance of the city. ments of buildings or structures, lot and yard '. D. After the effective date of the ordinance requirements and distances between buildings; change to the P.C.D. zone, no building or B. Percent coverage of land by buildings and structure shall be erected,, moved or altered on the structures; subject property except when in compliance with C. Parking ratios and areas expressed in the final development plan as approved by the site relation to use 'of various portions of the property plan review committee, and/or building floor area; (Ord. 3656 § 2 (part), 1995). D. Limitations upon the size, design, number, lighting and location of all signs; 17.54.050 Final development plan. E. The location, width and improvement of A. Contents. The final development plan shall vehicular and pedestrian access to various portions be drawn to the same scale and include the of the property including portions within abutting information as required for a preliminary streets; development plan, together with any modifications F. Construction of fences and walls; or conditions that were required by the planning G. Arrangement and spacing of buildings and commission and city council, structures to provide appropriate open spaces B. Procedure. The final development plan for around same; a building permit shall be submitted and processed H. Location and size of off-street loading the same as required for a final site plan pursuant areas and docks; to Section 17.53.060 B.5. The site plan review I. Uses of buildings and structures by committee shall review the plan for substantial general classification and specific designation compliance with the approved preliminary plan and when there are unusual requirements for parking; satisfaction with all conditions set forth in the city or when use involves noise, dust, odor, fumes, council's final decision. In instances where the smoke, vibrations, glare or radiation incompatible planning commission desires to review the final with present or potential development of plan, they may place a condition on the project surrounding property or of other property in the requiting said plan to be brought back before them development; for review and approval. J. Architectural design of buildings and (Ord. 3656 § 2 (part), 1995). structures; K. Schedule of time for construction and 17.54.060 Latitude of regulations, establishment of the proposed buildings, The planning commission or city council may structures, or land uses or any stage of require in the final development plan, standards, development thereof; regulations, limitations and restrictions either more L. Requiring of performance bonds to insure or less restrictive than those specified elsewhere in development as approved; the municipal code and which are designed to M. Planting and maintenance of trees, shrubs, protect and maintain property values and plants and lawns in accordance with a landscape community amenities and which would foster and plan; maintain the health, safety and general welfare of N. Any additional improvements and the community, including and relating to but not dedications reasonably necessary to fulfill public limited to the following: needs for the general health, safety and welfare of the neighborhood and the city. (Ord. 3656 § 2 (part), 1995). 618-1 (Bakersfield 3-97) 17.54.070 : 17.54.070 Required findings. In approving and adopting the rezoning application with the preliminary development plan, the planning commission and city council shall find the following: A. The proposed planned commercial development zone and preliminary development plan is consistent with the general plan and objectives of this ordinance; B. The proposed development wiilconstitute a commercial environment of sustained desirability and stability, and it will complement and harmonize with the character of the surrounding neighborhood and community; C. 'The proposed development justifies exceptions from the normal application of this code in that it integrates such elements as the location of structures, circulation pattern, parking, landscaping and utilities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided on the property. (Ord. 3656 § 2 (pan), 1995). (Bakersfield 3-97) 618-2 17.54.080---17.54.100 17.54.080 Termination of zone. necessary to be conditioned for the project to be A. The applicant shall commence construction completed. Initiation of a zone change to rescind no later than three years from the effective date of the P.C.D. zone, or to change any conditions of the zoning change. If, within such period, the approval including those extending time periods, construction specified in the approved preliminary shall be subject to the provisions of Sections development plan has not been commenced, the 17.64.110 through 17.64.140 of this code. planning director shall notify the planning (Ord. 3656§ 2(part), 1995). commission of same and the commission shall consider whether changed circumstances justify a 17.54.090 Minimum site area. zone change to rescind the P.C.D. zone or if The minimum area for a P.C.D. zone shall be additional time is necessary to be conditioned in one acre. order to commence construction of the project. (Ord. 3656 § 2 (part), 1995). Initiation of a zone change to rescind the P.C.D. zone, or to change any conditions of approval 17.54.100 Modification of approved including those extending time periods, shall be preliminary plan, subject to the provisions of Sections 17.64.110 A. An approved preliminary development through 17.64.140 of this code. plan may be modified by submitting an application B. With the exception of satellite pads, if a for such modification according to the same certificate of occupancy has not been issued for a procedure as is required in the initial review and substantial portion of the commercial structures in approval of said plan. the first phase of a P.C.D. zone within five years B. The flexibility of code requirements of the effective date of the P.C.D. zone as ordinarily required in other zones permitted in any determined by the planning director, he/she shall initial approval of a P.C.D. zone shall not be notify the planning commission of same and the considered as a precedent setting, or as a lone Commission shall Consider whether changed compelling reason for approving any modification. circumstances justify a zone change to rescind the C. Any application for a modification to an P.C.D. zone or if additional time is necessary to be approved preliminary plan may be approved only conditioned for the project to be completed, after it has been found that it does not deviate from Initiation of a zone change to rescind the P.C.D. the intent and purpose of this zone and the required zone, or to change any conditions of approval findings in Section 17.54.070 can be made. including those extending time periods, shall be D. The planning director may grant minor subject to the provisions of Sections 17.64.110 changes to an approved preliminary development through 17.64.140 of this code. plan provided any change does not alter the design C. With the exception of satellite pads, where parameters approved by the planning commission the first phase is substantially developed and the and city council unless they are necessary to remaining phases are undeveloped or in various comply with the conditions of approval. Changes stages of development and five years have lapsed to the design parameters include but are not limited since the effective date of the P.C.D. zone as to, alterations to the architectural design or style determined by the planning director, he/she shall intended for the development, the physical notify the planning commission of same and the placement of buildings or structures, location of Commission shall consider whether changed access points, parking design, building density or circumstances justify a zone change to rescind the size, or the quantity or quality of landscape P.C.D. zone for the area containing the material. uncompleted phases or if additional time is (Ord. 3656 § 2 (part), 1995). 619 (Bakersfield 9-95) 17.54.11ff---17.55.010 '~ 17.54.110 Maintenance of common areas Chapter 17.55 and nondedicated f'-' improvements and facilities. SPECIFIC PLAN LINES FOR STREETS A. All common areas, if any, including open AND HIGHWAYS or green spaces, community, recreation facilities, common walkways, parking areas, private streets, Sections: sidewalks, curbs and gutters and any 17.55.010 Definitions. improvements listed in Section 16.32.060 of the 17.55.020 Adoption--Procedure. subdivision regulations of the city which are not 17.55.030 Construction restriction. dedicated and accepted may be constructed only upon full and adequate provision for their 17.55.010 Definitions. preservation and future maintenance in a manner Whenever used in this chapter, unless a acceptable to the city. different meaning clearly appears from the context, B. Where ownerships are to be separate, such the words set out in this section shall have the provision may be satisfied by a declaration of following meanings: covenants, conditions and restrictions duly signed A. "Map" means an illustration, including, and acknowledged by the original owner or aerial photograph or photo map, accurately indi- owners; articles of incorporation to be filed with cating the precise location of a planned right-of- the Secretary of State forming a corporation or way or portion thereof. association, which shall include provision for B. "Right-of-way" means all or any part of empowering such entity created to own and the entire width of a road, street or highway maintain all the properties within its jurisdiction whether or not such entire area is actually used for and to exercise the powers and duties of such road, street or highway purposes. entity to be fully set forth in the declaration; C. "Specific plan line" means the boundaries (/- bylaws of the entity which shall set forth rules of and limits of a planned right-of-way, including the " membership, required fees and assessments to be future right-of-way of an existing street as it is used for maintenance purposes, membership rights proposed to be widened and including all lands and duties; and forms of deeds incorporating the necessary for the building, widening or declaration by reference to its recording data. maintenance of C. All documents must be referred to the city attorney for review and have the approval of the planning director as their sufficiency to accomplish their purpose. D. The owners of the properties shall, as a condition of such ownership, be required to participate in the legal entity so formed and be responsible to said legal entity for the cost of performing the necessary maintenance. (Ord. 3656 § 2 (part), 1995). (nakcr3ficl,4 9-9:5) 620 -- 'x 1~3 IJNI~J~ 3 SI'OR)' I5~1.000 SOFT. i 7.5 2.010--17.52.020 permanent resident" means a person who meets all 17.52.120 Maintenance of common --' of the following requirements: areas and non-dedicated I. Was residing with the qualifying resident or improvements'and facili- senior citizen prior to the death, hospitalization, or ties. other prolonged absence of, or the dissolution of marriage with, the qualifying resident; 17.52.010 Intent and purpose. 2. Was forty-five years of age or older, or was It is recognized that an integrated development a spouse, cohabitant, or person providing primary provides an opportunity for creative design when physical or economic support to the qualifying flexible regulations are applied. The planned unit resident; development zone is intended to allow for innova- 3. Has an ownership interest in, or is in expec- tive design and diversification in the relationship of tation of an ownership interest in, the dwelling unit various uses, buildings, structures, lot sizes and within the housing development, open space while ensuring substantial compliance F. For the purposes of this chapter, "house- with the general plan and the intent of the munici- guest" means a relative of a senior citizen or a pal code. In addition, the development would qualified permanent resident who occupies a provide adequate standards necessary to satisfy the dwelling unit in an SC zone, or any person occu- requirements of the public health, safety and pying such dwelling unit free of charge, general welfare. This zone is not to be used to (Ord. 3405 § 2, 1991: Ord. 3194 § 1 (part), restrict residential development or to compromise 1988). other zoning districts that may be more appropriate for a site. Instead, it enables a developer to obtain approval of a specific, detailed plan for a resi- Chapter 17.52 dential neighborhood which ensures that the uniqueness of the project design is preserved. (~-.. P.U.D. PLANNED UNIT These standards shall be observed without unduly DEVELOPMENT ZONE* inhibiting the advantages of modem site planning techniques and innovative planning of residential Sections: neighborhoods. 17.52.010 Intent and purpose. (Ord. 3656 § 1 (part), 1995). 17.52.020 Uses permitted. 17.52.030 Application. 17.52.020 Uses permitted. 17.52.040 Rezoning procedure. A. The following uses are permitted in 17.52.050 Final development plan. P.U.D. zones: 17.52.060 Latitude of regulations. 1. One family dwellings; 17.52.070 Required findings. 2. Multiple-family dwellings; 17.52.080 Termination of zone. 3. Condominiums; 17.52.090 Minimum site area. 4. Cluster developments, 17.52.100 Residential density. 5. Parks and playgrounds, public and/or 17.52.110 Modification of approved private; preliminary plan. 6. Commercial uses, when the planning' commission finds that such uses are incidental to, *Editor's Note: Prior ordinances codified herein and compatible with, the nature and type of devel- include portions of prior code Sections opmentproposed; 17.51.010---I 7.51.120. 612-1 (Bakersfield 6-97) 17.52.030 -- 17.52.040 7. Real estate tract sales offices and model tional areas within the development, including homes pursuant to the provisions of Section size, estimated employment, anticipated financing, 17. i 0.020 H. development and maintenance; 8. Uses and structures which are incidental D. Residential density of the subject area or accessory to any of the uses permitted in including the estimated population; P.U.D. zones; E. If commercial uses are proposed, indicate 9. Churches; building sizes, signs, and estimated employment; 10. Schools, public and/or private; F. A completed zone change application on I I. Golf courses, including associated club- such forms as provided by the city, signed by the house and driving range; owner in fee of the subject land and the owner of 12. Tennis courts, including associated club- any option to purchase the property or any portion house; thereof, if any; 13. Swimming pools; G. A statement indicating procedures and 14. Equestrian facilities; programming for the development and mainte- 15. ' Hiking, bicycle and equestrian trails; nance of semipublic or public areas, buildings and 16. Open space areas including natural and structures; wildlife areas. H. A statement indicating the stages of devel- i 7. Home occupations, as defined in Section opment proposed for the entire development; 17.04.330 and in compliance with the provisions I. Any additional information, plans, draw- of Chapter 17.63. ings, elevations, photos, diagrams and improve- B. The permitted uses may be allowed in ments as may be required by the planning director combinations in this zone, provided such use or to adequately review the project. uses are in harmony with each other and serve to (Ord. 3656 §1 (part), 1995). fulfill the function of the planned unit develop- ment. 17.52.040 Rezoning procedure. (Ord 3768 § 4, 1997: Ord. 3656 §1 (part), 1995). An application shall be processed as follows: A. Pursuant to Sections 17.64.110 through 17.52.030 Application. 17.64.140 of this code regarding zone changes. The application shall consist of the following: B. If the application is approved by the city A. A preliminary development plan, drawn to council, the zoning map of the area shall be scale, which shall be at the minimum scale indi- changed by identifying the area with the map cated and include ali the information as required symbol P.U.D. for site plan review pursuant to Section 17.53.060 C. The preliminary development plan as A.3. The number and type of plans shall be as approved, shall be filed with the city and shall, by follows: reference, be incorporated into and thereby become I. Two copies at scale of all plans submitted; part of the zoning ordinance of the city. 2. One copy of each plan reduced to a size of D. After the effective date of the ordinance eight and one-half inches by eleven inches; change to the P.U.D. zone, no building or struc- 3. One color rendition at scale of the ture shall be erected, moved or altered on the site/landscape plan, and elevation, subject property except when in compliance with B. A statement of reasons for including any the final development plan as approved by the site commercial uses in the development; plan review committee. C. A statement concerning any proposal to (Ord. 3656 §1 (pan), 1995). locate public, quasi-public, recreational and educa- {Bake~field 6-97} 612-2 17.52.050 17.52.050 Final development plan. A. Contents. The final development plan shall be drawn to the same scale and include the 6 i 2-2a (Bakersfield 6-97) 17.52.060---17.52.070 information as required for a preliminary develop- E. Planting and maintenance of trees, shrubs. /"-'" merit plan, together with any modifications or plants and lawns in accordance with a landscaping '- conditions that were required by the planning plan; commission and city council. F. Construction of fences, walls and flood- B. Procedure. The final development plan lighting ofanapproveddesign; shall be submitted and' processed the same as G. Limitations upon the size, design, required for a final site plan pursuant to Section number, lighting and location of signs and 17.53.060 B.5. The site plan review committee advertising structures; shall review the plan for substantial compliance H. Arrangement and spacing of buildings and with the approved preliminary plan and satisfaction structures to provide appropriate open spaces of all conditions set forth in the city council's final around same; decision. In instances where the planning commis- I. Location and size of off-street loading sion desires to review the final development plan, areas and docks; they may place a condition on the project requiring J. Uses of buildings and structures by said plan to be brought back before them for general classifications, and specific designation review and approval, when there are unusual requirements for parking; (Ord. 3656 §1 (part), 1995). or when use involves noise, dust, odor, fumes, smoke, vibrations, glare or radiation incompatible 17.52.060 Latitude of regulations, with present or potential development of surround- The planning commission or city council may ing property; require in the final development plan, standards, K. Architectural design of buildings and regulations, limitations and reslxictions either more sU'uctures; or less restrictive than those specified elsewhere in L. Schedule of time for construction and ~/'- the municipal code and which are designed to establishment of the proposed buildings, struc- '- protect and maintain property values and tures, or land uses or any stage of development community amenities in the subject community, thereof; and which would foster and maintain the health, M. Requiring of performance bonds to insure safety and general welfare of the community, development as approved. including and relating to but not limited to the N. Any additional improvements and dedica- following: tions reasonably necessary to fulfill public needs - A. Height limitations or any bulk require- for the general health, safety and welfare of the ments on buildings and structures, lot and yard neighborhood and the city. requirements, and distances between buildings; (Ord. 3656 §1 (part), 1995). B. Percent coverage of land by buildings and structures; 17.52.070 Required findings. C. Parking ratios and areas expressed in In approving and adopting the rezoning applica- relation to use of various portions of the property tion with the preliminary development plan, the and/or building floor area; planning commission and city council shall find D. The location, width and improvement of the following: vehicular and pedestrian access to various portions A. The proposed planned unit development of the property including portions within abutting zone and preliminary development plan is consis- streets; tent with the general plan and objectives of this 613 (Bakersfield 9-95) i 7.52.080 t 17.52. 100 B. The proposed development will constitute rescind the P.U.D. zone, or to change any condi- a residential environment of sustained desirability tions of approval including those extending time and stability, and it will compliment and harmonize periods, shall be subject to the provisions of with the character of the surrounding neighbor- Sections 17.64.110 through 17.64.140 of this hood and community; and code. C. The proposed development justifies excep. C. Where the first phase is substantially tions from the normal application of this code in developed and the remaining phases are undevel- that it integrates such elements as the location of oped or in various stages of development and five structUres, circulation pattern, parking, open years have lapsed since the effective date of the space, utilities and other amenities, together with a P.U.D. zone as determined by the planning direc- program for provision, operation and maintenance tot, he/she shall notify the planning commission of of all areas, improvements, facilities and services same and the commission shall consider whether provided for the common use of persons occupy- changed circumstances justify a zone change to lng or utilizing the property, rescind the P.U.D. zone for the area containing the (Ord. 3656 §1 (part), 1995). uncompleted phases or if additional time is necessary to be conditioned for the project to be 17.52.080 Termination of zone. completed. Initiation of a zone change to rescind A. The applicant shall commence conslxuction the P.U.D. zone, or to change any conditions of no later than three years from the effective date of approval including those extending time periods, the zone change. If, within such period, the con- shall be subject to the provisions of Sections struction specified in the approved preliminary 17.64.110 through 17.64.140 of this code. development plan has not been commenced, the (Ord. 3656 § 1 (part), 1995). planning director shall notify the planning commission of same and the commission shall 17.52.090 Minimum site area. consider whether changed circumstances justify a The minimum area for a P.U.D. zone shall be zone change to rescind the P.U.D. zone or if one acre. additional time is necessary to be conditioned in (Ord. 3656 §I (part), 1995). order to commence construction of the project. Initiation of a zone change to rescind the P.U.D. 17.52.100 Residential density. zone, or to change any conditions of approval Open area and density per dwelling unit shall be including those extending time periods, shall be as shown on the final development plan for the subject to the provisions of Sections 17.64.110 particular P.U.D. zone as approved by the through 17.64.140 of this code. planning commission and the city council. The B. If a certificate of occupancy has not been permitted number of dwelling units may be dis- issued for a substantial portion of the dwelling tributed within the planned residential development units or other structures in the first phase of a zone in accordance with the conditions and terms P.U.D. zone within five years of the effective date established pursuant to this chapter consistent with of the P.U.D. zone as determined by the planning the density standard of the applicable land use director, he/she shall notify the planning commis- designation of the general plan. sion of same and the commission shall consider (Ord. 3656 §I (part), 1995). whether changed circumstances justify a zone change to rescind the P.U.D. zone or if additional time is necessary to be conditioned for the project to be completed. Initiation of a zone change to (Bakersfield 9-95) 614 ~- '", 17.52.110---17.52.120 17.52.110 Modification of approved adequate provision for their preservation and r'''~ preliminary plan. future maintenance in a manner acceptable to the .._ A. An approved preliminary development city. plan may be modified by submitting an application for such modification according to the same proce- dure as is required in the initial review and approval of said plan. B. The flexibility of code requirements ordi- narily required in other districts permitted in any initial approval of a P.U.D. zone shall not be con- sidered as a precedent setting, or as a lone com- pelling reason for approving any modification. C. Any application for a modification to an approved preliminary plan may be approved only after it has been found that it does not deviate from the intent and purpose of this zone and the required findings in Section 17.52.070 can be made. D. The planning director may grant minor changes to an approved preliminary development plan provided any change does not alter the design parameters approved by the planning commission and city council unless they are necessary to com- ply with the conditions of approval. Changes to /, ~" the design parameters include but are not limited "~. to, alterations to the architectural design or style intended for the development, the physical place- ment of buildings or structures, location of access points, parking design, building density or size, or the quantity or quality of landscape material. (Ord. 3656 § 1 (part), 1995). 17.52.120 Maintenance of common areas and non-dedicated improve. merits and facilities. A. All common areas, including open or green spaces, community recreation facilities, common walkways, parking areas, private streets, sidewalks, curbs and gutters and all improvements listed in Section 16.32.060 of the subdivision regulations of the city which are not dedicated and accepted, may be constructed only upon full and 614-1 (Bakersfield 9-95) ADMINISTRATIVE REPORT MEETING DATE: February 25, 1998 I AGENDA SECTION: New Business ITEM NO: !2.b. I TO: Honorable Mayor and City Council ~ FROM: Development Services - Planning DEPARTMENT HEAD~ DATE: February 10, 1998 CITY ATTORNEY _//~---~=~ "-"'//" z l CITY MANAGER ~ SUBJECT: Amendment to the text of Title 17 (Zoning Ordinance) regarding yard encroachments for carports, canopies and patios. (Wards 1-7) RECOMMENDATION: Staff recommends first reading of the ordinance. ~3ACKGROUND: The proposed text changes would grant an additional exception for carports, porches and patios that encroach into a required yard area. The present ordinance permits encroachments of up to three feet for architectural features that are not considered interior building space. However, since covered areas such as carports include structural supports that extend to the ground and setbacks are measured to the foundation, the basic interpretation is that only the covered roof area be permitted to encroach into a required yard area. If supports to the ground are needed, then the supports must meet minimum setback requirements. However, this regulation has not always applied and many carports and patios were built in older neighborhoods with their structural supports encroaching into the required yard areas. The proposed text changes will accomplish two things. First, it will clarify that encroachments of open covered areas can include their structural supports. Wording was added to keep two walls 65% or more open. This wording is consistent with the Building Code so full enclosure of these areas will not occur and become added interior space. These structures will have to meet all Code requirements concerning minimum fire protection and separation. Secondly, a new subsection is being added to permit those carports and patios constructed more than 10 years ago to remain as nonconforming structures. This period is based on a similar program the city used about seven years ago concerning garage conversions and coincides with when state requirements for full disclosure of construction activities became required for final real estate transactions. Commonly, it is during the sale of property when the city finds out about these older structures, not through complaints, because the seller needs to prove a building permit was obtained and that the work was legally done. Fcbmary 10, 1998, 8:26A.~ ADMINISTRATIVE REPORT Many older neighborhoods contain carport and porch structures that encroach into yard areas. Requiring a property owner to remove them after they may have existed for 10 years or more (and probably built by a previous owner) has resulted in a hardship to the present owner in now having to remove a structure that they have used for many years. This requires the owner to seek Board of Zoning Adjustment (BZA) approval through a public hearing at a cost of $1,080, to let the structure remain. Because they have been in existence for quite some time, neighbors have been supportive of them and often, the neighbors also have them. In one instance, an owner who wanted to keep his structure showed numerous examples of similar such encroachments in his neighborhood. Although he was not objecting to them, the Building Director was forced into issuing those owners correction notices. Since the BZA and City Council have approved over the last few years all modifications of structures more than 10 years old, this ordinance will automatically allow those structures to remain without a property owner having to go through a public hearing. It will recognize that these structures have existed safely for many years and make up part of the character of the neighborhood, and that they can remain without causing undue hardship on a property owner to remove them when they sell their property. The Planning Commission held a public hearing on these proposed amendments on December 4, 1997 and unanimously recommended that they be approved. This project was found to be Categorically Exempt from the California Environmental Quality Act (Section 15305 d.). Feb--. 10, 1998, 8:26AM ORDINANCE NO. AN ORDINANCE AMENDING SECTION 17.08.170 OF TITLE .17 OF THE BAKERSFIEED MUNICIPAL CODE RELATING TO YARD ENCROACHMENTS FOR CARPORTS, CANOPIES AND PATIOS WHEREAS, the City of Bakersfield initiated a proposal to amend Title 17 of the Bakersfield Municipal Code; specifically, amending Section 17.08.170 relating to yard encroachments for carports, canopies and patios; and WHEREAS, the Planning Commission through its Secretary set Thursday, December 4, 1997 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 Commission on said ordinance, and notice of the public hearing was given in the manner prescribed in the Municipal Code and the California Government Code; and WHEREAS, the Planning Commission adopted Resolution No. 112-97 recommending approval of the proposed ordinance amendments and forwarded its recommendation to the City Council; and WHEREAS, the City Council through its City Clerk set Wednesday, February 25, 1998 at the hour of 7:00 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place to consider said ordinance; and WHEREAS, the ordinance was found to be exempt from the provisions of CEQA and the law and regulations as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures have been duly followed by city staff and this Council; and WHEREAS, the City Council, at said public meeting, considered the ordinance, all relevant facts, and public testimony, and the Council adopted the findings made by the Planning Commission as contained in the Commission's Resolution No. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield aS follows: JE: P:tEncroach ord.w~ Fe~xlaary 10, 1998 -- ]. SECTION 1. Subsection 17.08.170 is hereby amended to read as follows: - 17.08.170 Yard encroachments. Where yards are required in this title, they shall be not less in depth or width than the minimum dimension specified for any part, and they shall be at every point open and unobstructed from the ground upward, except as follows: A. Cornices, canopies, carports, eaves, patio or porch covers, or other similar architectural features not providing additional floor or interior space within the building may extend into a required front, side or rear yard not to exceed three feet. This encroachment may include structural supports to the ground, however, the open area of the longest wall and one additional wall of a carport, patio, porch or similar enclosure shall be equal to at least sixty-five percent (65%) of the area of each wall. Openings may only be enclosed with insect screening or similar material that allows unrestricted outside air circulation. B. Open unenclosed, uncovered porches, platforms or landing places which do not extend above the level of the first floor of the building, with the exception of guard rails as may be required by the Building Director, may extend into any front, side or rear yard not more than six feet. C. Detached accessory buildings may occupy side and rear yards as provided in Section 17.08.130. D. Carports, patios, porches, or similar enclosures that provide covered space constructed before January 1, 1988 shall be deemed legal nonconforming structures subject to the provisions of Chapter 17.68. The Building Director shall make the final determination as to the age of said structures. SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. -~o0o~ JE: P:~,Encroacn_ord.w13d Fe~ 10, 1998 RESOLUTION NO. 112-97 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD APPROVING AMENDMENTS TO THE TEXT OF SECTION 17.08.170 OF TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE REGARDING YARD ENCROACHMENTS WHEREAS, the City of Bakersfield Planning Department initiated amendments to the text of Title 17 regarding yard encroachments of carports, porches, canopies and patios, specifically Section 17.08.170 ofthe Bakersfield Municipal Code;. and WHEREAS, the Planning Commission, through its Secretary, set MONDAY, December 1, 1997 and THURSDAY, December 4, 1997 at the hour of 12:15 p.m. and 5:30 p.m., respectively, in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public heating before them on the proposal, and notice of the public heating was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, a public heating was held before the Planning Commission on said dates, and testimony was received only in support of the project; and WHEREAS, the laws and regulations relating to the California Environmental Quality Act (CEQA) and the City ofBakersfield's CEQA Implementation Procedures have been duly followed by city staffand the Planning Commission; and WHEREAS, the above described project is Categorically Exempt from the requirements of CEQA in accordance with Section 15305 (d); and WHEREAS, the facts presented in the staff report and evidence received both in writing and by verbal testimony at the above referenced public heating(s), support the findings contained in this resolution; and WHEREAS, at the above mentioned public heating(s), the proposal was heard and all facts, testimony and evidence was considered by the Planning Commission, and they made the following findings regarding the proposed project: 1. All required public notices have been given. Heating notices regarding the proposed project were published in a local newspaper of general circulation 10 days prior to the hearing as a l/Sth page display advertisement. 2. The provisions of CEQA and City of Bakersfield CEQA Implementation Procedures have been followed. Staff determined that the proposed activity is a project and that it is Categorically Exempt from CEQA under Section 15305 (d) because the changes are administrative and minor in nature, and are applied equally throughout the city. No impacts to the environment are anticipated with these regulation changes. ; 3. The proposal is in harmony with the goals, objectives and policies of the Metropolitan Bakersfield 2010 General Plan. The changes will clarify l'ow encroachments of covered unconditioned space is viewed and improve the consistency of ordinance interpretations. The ordinance will preserve existing neighborhood characteristics and historic patterns of development. NOW. THEREFORE. BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD as follows: 1. That the above recitals, incorporated herein, are true and correct. 2. That this project is Categorically Exempt from the requirements of CEQA. 3. That the text amendments as described in Exhibit A of this resolution are hereby recommended for approval by the City Council. On a motion by Commissioner Kemper and seconded by Commissioner Ortiz, the Planning Commission approved this resolution by the following roll call vote: AYES: Dhanens, Kemper, Tavorn, Teeter, Ortiz, Tkac NOES: None ABSENT: Boyle I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting held on the 4th day of December. 1997. DATED: December 4, 1997 PLANNING COMMISSION OF '~/ITY/~SE,, RS FIELD JEF ~F~Y~A%Chair City of Bakersfield Planning Director ?:'ENCROACH.RES 2 EXHIBIT A Subsection 17.08.170 is hereby amended to read as follows: 17.08.170 Yard encroachments. Where yards are required in this title, they shall be not less in depth or width than the minimum dimension specified for any part, and they shall be at every point open and unobstructed from the ground upward, except as follows: A. Cornices, canopies, carports, eaves, patio or porch covers, or other similar architectural features not providing additional floor or interior space within the building may extend into a required front, side or rear yard not to exceed three feet. This encroachment may include structural supports to the ground, however, the open area &the longest wall and one additional wall of a carport, patio, porch or similar enclosure shall be equal to at least sixty-five percent (65%) of the area of each wall. Openings may only be enclosed with insect screening or similar material that allows unrestricted outside air circulation. B. Open unenclosed, uncovered porches, platforms or landing places which do not extend above the level &the first floor of the building, with the exception of gUard rails as may be required by the Building Director, may extend into any front, side or rear yard not more than six feet. C. Detached accessory buildings may occupy side and rear yards as provided in Section 17.08.130. D. Carports, patios, porches, or similar enclosures that provide covered space constructed before January I, 1988 shall be deemed legal nonconforming structures subject to the provisions of Chapter 17.68. The Building Director shall make the final determination as to the age of said structures.