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HomeMy WebLinkAbout10/01/2001 I BAKERSFIELD SPECIAL JOINT MEETING OF THE URBAN DEVELOPMENT COMMITTEE AND THE PLANNING COMMISSION COMMITTEE of the City Council and Planning Commission - City of Bakersfield Monday, October 1,2001 1:00 p.m. City Manager's Conference Room, Suite 201 Second Floor - City Hall, 1501 Truxtun Avenue, Bakersfield, CA Councilmembers: Plannincj Commissioners: David Couch, Chair Stephen H. Boyle Sue Benham Tom McGinnis Mike Maggard Murray Tragish Staff: John W. Stinson Staff: Jack Hardisty AGENDA 1. ROLL CALL 2. ADOPT SEPTEMBER 17, 2001 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. NEW BUSINESS A. Discussion and recommendation of both Committees on 2010 General Plan Update B. Discussion and recommendation of both Committees regarding Minority Reports by the Planning Commission when there is a split vote C. Discussion and recommendation of both Committees regarding Vision 2020 Implementation D. Discussion and recommendation of both Committees regarding Planning for the Northeast Hills and Bluffs 5. COMMITTEE COMMENTS 6. ADJOURNMENT S:~lOHN~Urban Dev2OOl\ud-jointOloctOlagen.wpd ~[ ~ .~.~ ~ V , ,BAKERSFIELD David Couch, Chair Alan Tandy, City Manager Sue Benham Staff: John W. Stinson Mike Maggard AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMITTEE MEETING Monday, September 17, 2001, 1:00 p.m. City Manager's Conference Room - City Hall 1. ROLL CALL The meeting was called to order at 1:07 p.m. Present: Councilmembers David Couch, Chair; Sue Benham; and Mike Maggard 2. ADOPT AUGUST 20, 2001 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. Discussion and Committee recommendation regarding New Zone for Commercial Development This was a referral to the Committee to explore the possibility of creating a new zone that would fall between Neighborhood Commercial (C-1) and Regional Commercial (C-2) zones due to issues that arise with residents when a developer asks for a zone change when building a shopping center with multiple uses next to established residential areas. Development Services Director Jack Hardisty explained, people who want to develop commercial properties always ask for the most intense commercial zoning they can get on the books. The argument being they need the flexibility. C-2 zoning was originally meant for the Downtown, Valley Plaza and similar places needing Regional Commercial zoning. C-2 was not the zoning intended for development of commercial properties in established neighborhoods. Neighborhood Commercial (C-1) has limitations including: four-story height limit; no drive up windows; prohibits motorcycle sales; and no bars or restaurants .with beer and wine sales. However, with a C-1 zoning an applicant can ask for a conditional use permit ....... AFT URBAN DEVELOPMENT COMMITTEE ......... AGENDA SUMMARY REPORT Monday, September 17, 2001 Page -2- (CUP) and have a hearing to allow other uses. This allows the City to apply restrictions, such as how close a drive-up window can be to the nearest residents or the placement of restaurants serving liqUor. In this way, if there's an application for a CUP for a bar, the residents would get a notice of the hearing. However, an applicant developing a commercial center will want a C-2 so they have no limitations and a full range of potential without having to apply.for a conditional use permit'because of the possibility it may be denied. Mr. Hardisty expressed that a sizable, successful shopping center can be built with C-1 zoning and staff is recommending that we keep the zoning we have. When an applicant comes in for commercial center developments next to neighborhoods, give them C-1 zoning and have them apply for a CUP for uses not allowed in that zone. If we need to enhance the C-1 zone to make its application fit, staff would rather do that and continue calling it Neighborhood Commercial, C-1. Staff has concerns that creating a new zone may not produce a better end result and will require changing all the zone maps and ordinances, which would be extremely time intensive for staff. Staff recommended when applicants come in for a commercial development next to established residential areas, they be given C-1 zoning. If they insist on C-2, they could have a hearing before the Planning Commission and if denied, appeal to the City Council. The Council's decision would be final and would not have to be referred back to the Planning Commission, as it has already been heard by that body. It was suggested that perhaps the requirement for a conditional use permit could be conditional on the distances from residential development. The committee agreed with staff's recommendation to consider the adoption of C-1 zones for neighborhood commercial development rather than C-2 (Regional Commercial) in neighborhoods. An ordinance addressing some of the shortcomings of commercial development in neighborhoods has been referred to Urban Development which may prove to be a better approach than creating a new commercial zone district. B. Discussion and Committee recommendation regarding Halfway Houses, Rehab and Boarding Facilities Development Services Director Jack Hardisty provided information and a map showing locations of licensed group homes by ward. This was referred to the. Committee because some wards have areas with heavy concentrations of group facilities. There are two types of facilities, small (serving six. or less persons) and large (serving more than six.) State law exist that preempts local zoning control over residential care facilities if the facility serves six or fewer persons (this does not include care givers). The law states this is a residential use and, therefore, cannot be treated any differently that a typical family living situation. This precludes the City from requiring any special permits, business license, home occuPation permit, fire code restrictions, building codes, etc., unless such is required of any other family dwellings. There are some restrictions allowed by the City ...^. co..,.., gRAFT AGENDA SUMMARY REPORT Monday, September '17, 2001 Page -3- for alcohol and drug rehab facilities. However, small facilities are required to be licensed by the State and the City will not recognize any preemptions if a facility is operating without a State license. Those homes which are not licensed and exceed two boarders are considered a roominghouse or boardinghouse. The zoning ordinance permits anyone to rent no more than two rooms (one to a person) by right. Once that number (two) is exceeded, if not a licensed facility by the State, a conditional use permit is required. It was noted that the State restricts the small group facilities to a separation of 300 feet between facilities or it requires a waiver from the City. The City does not grant waivers. In residential zones, if a facility serves more than six people, City regulations require a conditional use permit (except in the R-4 zone for people with disabilities). Through the conditional use permit process, conditions can be imposed to further regulate -the home, such as occupancy limits, fire sprinklers, alarm systems and parking requirements. For commercial or industrial zones, facilities are permitted by right (if the industrial zone allows commercial uses) and subject only to the City's site plan review process and a City business license. 5. NEW BUSINESS A. Discussion and Committee recommendation regarding elevated Tree/Play · Houses (This item heard first) Development Services Director Jack Hardisty gave an overview of the Building Code requirements for these structures. In 'June 2000, the rules were changed due to a complaint about a large tree house next to a fence equipped with electricity and television. At that time, for structures (playhouses, sheds, etc.) built within five feet of a fence, the height was reduced from 12 feet down to 7 feet and structures cannot exceed 120 square feet. Structures over 7 feet are required to have a 5 foot setback. If the structure is over 120 square feet, a building permit is required and all Uniform Building Code requirements apply that would apply to a house. Mr. Jason Andrews explained his concerns. About a year ago, a group of kids from his neighbor's yard began to taunt his dog through the fence. He put up chicken wire to keep his dog back from the fence. Now the kids get up in the tree house and throw objects at his dog across the yard. He has talked to the parents, called Police and animal control, but the behavior continues. Code Enforcement staff came out, but because the structure is not next to his fence, they did not take action. He stated tree houses are a burden to neighbors because you have no privacy in your own back yard. He looked into building an 8 or 10 foot fence, but it cost three times that of a 6 foot fence and suggested the code should be looked into to allow taller fences. Mr. Andrews stated he is moving in two weeks due to this problem and feels the City should do something to limit tree houses due to the huge invasion to privacy. AI:T URBAN DEVELOPMENT COMMITTEE !-' AGENDA SUMMARY REPORT Monday, September 17, 2001 Page -4- Committee member Sue Benham stated there are two.problems and they should be separated. The issue of tree houses and malicious behavior by children throwing rocks. There was a discussion regarding possible solutions. It was noted when building a fence higher than 6 feet, it is subject to the Building Code, inspection and modification approval because it has to be engineered structurally sound so as not to fall in a windstorm. It was discussed that although Mr. Andrews is moving, someone else will be moving into his house. The Committee directed the Development Services Director to check the following: confirm the tree house structure is in compliance with the Building Code and due to its size, whether a permit was required; check to see if it is safe and structurally sound; and coordinate contact of the homeowner by the Police regarding the rock throwing incidents. Staff will report the findings and share information with Mr. Andrews. 6. COMMITTEE COMMENTS 7. ADJOURNMENT The meeting was adjourned at 2:25 p.m. Attendance - staff: City Manager Alan Tandy; Assistant City Manager John W. Stinson; City Attorney Bart Thiltgen; Development Services Director Jack Hardisty; Principal Planner Jim Eggert, Planning; and Economic Development Director Donna Kunz. Others: Jason Andrews, homeowner. cc: Honorable Mayor and City Councilmembers S:~JOHN~Urban Dev2001\ud01sep17summary.wpd City of Bakersfield, California City Council Goals and Guiding Principles April 25, 2001 CITY OF BAKERSFIELD City Council. Goals and Guiding Principles The Ci~ of Bakersfie/d Ci~ Council adopted the following Goals and Guiding Principles on April 25, 2001. The Ci~ of Bakers~ield has endorsed and partidpated in the Greater Bakersfield Vision 202O process. The followingCit~ Council goals incorporate strategies outlined within the Greater Bakersfield. Vision 2020 Final Relxrrt. (Vision 2020 strategies noted within this document are shown in italic Fdnt.) GOAL #1: PROVIDE QUALITY PUBLIC SAFETY SERVICES Police Services 1. PROVIDE CONSISTENT SAFETY AND LAW ENFORCEMENT THROUGHOUT GREATER BAKERSFIELD. 2. Support and enhance pro-active city.wide efforts to reduce gang violence, illegal drug use, domestic violence and child abuse. 3. Increase the number of neighborhoods participating in the Neighborhood Watch program. 4. Support ongoing strategic planning by the Police Department to address delivery of Police services including staffing levels and the location, size and feasibility of substations. 5. Implement enforcement efforts against drivers running red lights using video camera enforcement at intersections. 6. Encourage communi~ efforts to identib and address the root causes of crime in Greater Bakersfield. Fire Services 1. PROVIDE CONSISTENT FIRE AND RELATED EMERGENCY SERVICES THROUGHOUT BAKERSFIELD. 2. Implement new station development plans (Pursuant to Joint Powers Agreement with County, i.e. Station #15) 3. Use technology to develop faster, safer, and more efficient responses to emergencies. A. Implement use of Mobil Data Terminals and Automated Vehicle Locators. B. Accelerate implementation of traffic signal preemption devices. 4. Continue Weapons of Mass Destruction training and preparation. 5. Pursue additional grant funding for fire service programs. 6. Encourage and facilitate community forums to resolve emergency medical care issues (such as emergency room delays) which adversely affect community.wide emergency medical response systems. 7. Expand fire safety and public safety programs. GOAL #2: ENHANCE THE CITY'S TRANSPORTATION NETWORK 1. Maintain and improve the quality of existing surface streets and arterials. A. CONTINUE TO ENHANCE THE ROAD RESURFACING PROGRAM, INCLUDING A SIGNIFICANT REDUCTION OF THE MAINTENANCE BACKLOG B. CONTINUE TO INCREASE FUNDING FOR STREET MAINTENANCE C. Encourage joint metropolitan transit policies/goal consensus between City, County and the public. Complete the systems approach study (URS Griener) for Metropolitan Bakersfield roads. D. Identify and create additional revenue sources to obtain all available state and federal transportation funding. E. Increase education efforts with the community and the opportunity for public input 2. ADOPT AN EXACT GAME PLAN AS TO THE DEVELOPMENT OF BELTWAYS / FREEWAYS / MAJOR TRANSPORTATION CORRIDORS (WITHIN SIX MONTHS OF COMPLETION OF THE URS GRIENER REPORT) A. Secure necessary fights-of-way and adequate funding B. Provide periodic workshops to update the Council on status of the freeway and beltway projects as outlined in the MTIS C. Encourage comp/et/on o~ route 58. 3. High Speed Rail A. Actively pursue high speed rail system B. Obtain community consensus on the bcafion for the high-sl~eed rail station in Greater Bakersfield. (KernCOG) 4. Promote and encourage public transportation (See V/s/on 2020 Translxn~ation Strategy #6) 5. Support efforts for adequate air transportation A. Work with the County to complete construction of Meadows Field air terminal. B. Work with Kern County to insure good quality air service and increase local usage. (Fly Bakersfield first) 6. Maintain/construct trails for bikes, walking, jogging and equestrian uses. (See Vision 2020 Transportation Strategy #2) (moved from infrastructure) 7. Recognize the link between land use and transportation. GOAL #3: CONTINUE POSITIVE DOWNTOWN DEVELOPMENT 1. Support the Charrette process to develop design concepts [or the Downtoura area and get it translated along with this Vision into an o~licial downtown plan. Include in that process consideration off A. New City Hall B. A Downtown Park shaped to encourage adjacent commercial development C. Creating districts . theater, government, finance, etc. 2. Continue to build on the success of the Convention Center Hotel, Centennial Plaza, Centennial Garden and Amtrak Station A. Develop concepts for projects which contain the following elements: entertainment, trees, landscaping, family activities, pedestrian-friendly design, safety, attractiveness. Mim'mize the negative aspects of railroad. B. Develop parks of various sizes W provide green space for walking, relax/ng, jogging, biking, and l~ienicking. Pro~/de a pedestr/an/'dendl~ atmosphere by linking the parks with historic trolleys, a river walk, or water taxis on a canal system. C. Clear blight from the redevelopment areas around the arena, Amtrak Station and Hotel. 3. Address downtown parking needs by developing a comprehensive plan in cooperation with public and private downtown interests which addresses joint use and other creative ways to integrate parking downtown. (See Vision 2020 Downtown Strategy #4) 4. Develop a quality downtown housing project that brings families to the downtown area. 5. Expand the downtouna street light design and streetscape design, and incorporate benches, garbage cans, tables and chairs. 6. Encourage mixed use de~elopmen~ that includes a diverse mixture o] housing, retail and commercial uses. 7. Encourage water features in the downtown. A. Encourage use of canals and fiver elements in the downtown. Develop a River Street to become a center for community activities and outdoor enjoyment. B. Encourage the use of various water elements - fountains, pools, and ponds to enhance the l~arks, town squares, etc. Ensure the %ystem' is in place. 8. Encourage private courtyards and landscaI~ed spaces that provide opportunities for formal and informal h/sure use and activities. (e.g. the alley/court at the Superintendent of Schools O~ice) 9. Encourage the use of trees and flowers, lighting, street ~urniture, art signage, flags. Use surface mater/al that enriches the pa~/ng ol~tions on our streets, sidewalks, and curbing. 10. Design and build a downtown Performing Arts Center to include cultural activities. Coordinate with the long.range plan of the Bakersfield Symphony to build a 1,500 seat concert hall. Provide incentives to make it happen. Create a theater district. Provide free parking. 11. To pursue property acquisition in the downtown from willing sellers for projects that fulfill stated downtown plarming objectives. OOAL #4: PLAN FOR OROWTH AND DEVELOPMENT 1. Complete update of Bakersfield 2010 General Plan with County. (See V/s/on 2020 Community Planning Strategy #4) 2. Facilitate annexations where staff is sensitive to the areas and where support starts with the neighbors. Provide information to explain financial incentives or other benefits of annexation which encourage urban areas in the County to be annexed into the City. (See Vision 2020 Community Planning Strategy # 10) 3. Support affordable housing for seniors and Iow/moderate income residents 4. Use redevelopment project areas to promote development in the Old Town Kern-Pioneer and Southeast areas of Bakersfield 5. Develop a charette process for southeast Bakersfield. 6. Implement a planning process to guide development of areas in northeast Bakersfield and encourage preservation of open space and recreation uses. 7. Provide consistent urban services within defined metropolitan area. 8. Provide property owners with incentives to create in fill or redevelopment. 9. Require non.con~uous development to lnovide all necessary infrastructure or provide economic disincentives through variable fees. 10. Develop strategies to reduce consumption of prime agricultural land for urban development. (See Vision 2020 Comrnuniey Planning Strategy #5) 11. DeveloI~ policies for specific incentives for residential in.fill in blighted areas. 12. Streamline and provide incentives for first time home buyers in blighted areas. 13. Create stricter code enforcement to help maintain neighborhoods and increase ~qsued standards. 14. Involve ~outh in re.developing blighted neighborhoods. 15. Retrofit existing neighborhoods to be more pedestrian priendl2~ and pro~te for pedestrian friendl~ thoroughfares in new developments. 16. Adopt incentives for improving utilization of existing problem commercial areas. 17. Provide incentives for reuse of commercial zones 18. Encourage pocket revitalization of commercial centers and/or individual cit~ blocks which may benefit from a targeted approach to economic assistance, which does not conflict with or duplicate existing redevelopment efforts. (See Vision 2020 Communlt~ Planning Strategies #14 t~ #15) GOAL #5: STRENGTHEN AND DIVERSIFY OUR ECONOMIC BASE 1. Enhance the City's economic development opportunities A. Encourage business retention through programs which collaborate with local organizations such as trade unions, vocational training centers, schools and universities to provide technical assistance, employee training resources and other business assistance. B. Assist in business expansion and job opportunities by encouraging development of workforce training and ~:~'i:i · infrastructure development which are consistent with identified strategic business attraction goals (Natelson study, Vision 2020). ~' :i:iii':i C. Attract industries which are best suited to our locational advantages, which include availability of energy production, access to major transportation corridors, and geographic diversity for film locations and recreational activities. (See Vision 2020 Economic Development Strategy #2) D. Focus on improvements and opportunities within the Southeast and Old Town Kern Redevelopment Project areas, and the Incentive Area Recruit and locate a grocer~ store in the Southeast area. 2. Continue to enhance the TEAM BAKERSFIELD concept. 3. Continue a program that focuses on job creation. A. Set aside additional funds within the annual budgetary process to be used for business attraction efforts. B. Create higher paying jobs that can support families, such as professional high tech jobs. 4. Expand telecommunications and other in/rastructures to support new and ~ng industries. (Mayor's Regional Technology Council) 5. Build on existing economic base: Agriculture (for example; applied technology, value._a_dded agriculture, Genetic technology) and Energy (for example: natura/gas, micro-energy generating) 6. Encourage and pro~icle business development and entrepreneurial opportunities. 7. Develop a Fast-track process for establishing a business in Greater Bakersfield. GOAL #6: PROMOTE COMMUNITY PRIDE AND IMAGE 1. Implement a plan to improve the image of the Ciw 2. Continue the campaign against littering (Keep America Beautiful Program). 3. Facilitate the development of cultural and recreational facilities A. Multi-purpose stadium B. Cultural arts venue C. Performing arts center D. Encourage corporate capital investments E. Ice skating facility and community recreation building F. Aquatics Facilities 2. Establish a comprehensive community relations program and explore participation with Kern County human relations efforts. 3. Create a process and structure to ensure focus and completion of activities in a collaborative fashion to measurably improve the image of Greater Bakersfield among internal (residents) and targeted extermfl audiences. (This item includes supporting Vision 2020 Image strategies #2-5 to be done by the Collaborative Parmership Group which includes the Bakersfield Convention Bureau.) City of Bakersfield - Guiding Principles In addition to the City Council Goals, the City of Bakersfield recognizes the following guiding principles in providing public services to the Citizens of Bakersfield: To maintain responsible fiscal policies which insure fiscal solveno/, promote the pursuit of grants and private donations, maintain the lowest possible fee structure for all services and streamline government operations to be more responsive and cost effective. To encourage utilization of local vendors wherever possible and continue an investment policy that provides opportunities for City funds to be invested locally if all other conditions such as rate of return are the same. To attract and foster a qualified workforce by creating an environment that encourages employees to achieve and provide quality customer service. To maintain positive and effective labor and employee relations through enhanced employee reward and recognition programs, involving all staff in implementing the goals and objectives of the City. ~ Continue to implement cultural diversity in all aspects of the employment process. · ~ Provide safe working conditions and train employees in sound safety practices. Improve city government communications which promote a positive image of the City's projects, programs and accomplishments. Continue enhancement to the public communications process including, use of television broadcasts for meetings and to provide public information; enhancement of the city's WEB site; use of press releases regarding city activities; use of surveys to obtain customer service and other citizen feedback information; and distribution of the city.wide newsletter. Provide more positive council interaction with public through improved response to citizen complaints and inquiries through use of constituent tracking software. Improve internal Council relations by promoting common goals, respecting individual positions on issues, reducing the level of "political" decision.making, and conducting annual team building and goal setting sessions. Work with the County to provide efficient government services for metropolitan area which reduce the duplication of public services. Pro-actively pursue intergovernmental legislation at the county, state and federal levels by monitoring, taking a position and actively pursuing pending legislation; expanding annual lobbying efforts with state and federal representatives; inviting legislators to Council workshops or other activities; holding joint City Council/County Board of Supervisor meetings to discuss various issues. Continue to parmer with school districts on recreation and education programs to reduce youth violence, drags and crime. BANDOITr URBAN DEVELOPMENT COMMITTEE SEPTEMBER 17 , 2001 M O R A N D September 17, 2001 TO: ALAN TANDY, CITY MANAGER / FROM: JACK HARDISTY, DEVELOPMENT SERVICES DIREC~ SUBJECT: COUNCIL REFERRALS #WF0018835, #WF0018802, #~p'F0018501 The Urban Development Committee directed staff to prepare a report regarding licensed group homes in the city. A copy of that report is attached with a map showing the locations of these homes. These three referrals all reference group home issues that are addressed in the report. RESIDENTIAL CARE HOMES State Law: State statutes exist that preempt local zoning controls over residential care facilities. If the facility serves six or fewer persons (this does not count the care givers), the law states this is a residential use and therefore, cannot be treated any differently than a typical family living situation. This means that the city cannot require any special permits, business license, home occupation permit, fire code restrictions, building codes, etc. unless such is required of any other family dwellings. Occupancy (number of people) is limited by the Uniform Housing Code which applies to all dwellings and is based on the size of each bedroom. The areas under state law cover a number of different types of residential care homes. These preemptions are found as follows: · Health facilities (care for developmentally disabled and skilled nursing care) California Health and Safety Code Sections 1267.8, 1267. 9 · Community care facilities (covers all other types of care not already noted for adults and children) California Health and Safety Code Sections 1566. 3, 1567.1 · Residential care facilities for the elderly California Health and Safety Code Sections 1568. 083, 1568. 0831, 1569. 85 · Alcoholism recovery and drug abuse facilities California Health and Safety Code Sections 11834. 02 - 11834. 30 · Family day care homes (day care for children) California Health and Safety Code Sections 1596. 70 - 1596. 795; 1597. 40 - 1597. 47,1597. 65 · Homes or facilities for mentally disordered, handicapped, or dependent and neglected children California Welfare and Institutions Code Sections 5115 - 5120 A facility is required to be licensed by the state before the city will recognize the preemption. Otherwise, it is just a roominghouse which only allows no more than two people (BMC 17.04.510). Licenses are required for anyone who provides care or supervision and there is no distinction made for secular verses non-secular providers. Two agencies license these facilities. The State Department of Social Services licenses all day care, mental care and elderly care homes. The State Department of Alcohol and Drugs licenses only alcohol and drug rehabilitation homes. Both agencies conduct annual inspections of these homes and will respond to complaints regarding their operation. Over concentration of these homes was a concern by the state legislature. Therefore, licenses issued by the Department of Social Services (except for foster homes and elderly care) must be a minimum of 300 feet away from any other licensed home (as measured from the outside walls of the house - Section 1520.5 of the CA Health and Safety Code). If a home is less than the 300 feet, an exemption must be granted by the city, otherwise the license is denied. To date, the city has not granted any exemptions. This separation restriction does not apply to licenses issued by the State Department of Alcohol and Drugs for rehabilitation homes. Listings of licensed facilities may be obtained from both agencies either through the internet at www.calcarnet.ca.~ov. They may also be contacted for listings or complaints as follows: · State Department of Social Services: Fresno - (559) 445-5691 (elderly, disabled and day care homes) · State Department of Alcohol and Drugs: Sacramento - (916) 445-0834 (alcohol and drugrehab only) September, 2001 Local Law (City of Bakersfield): 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). ~l-'hese facilities are permitted by right in a commercial or industrial zone (if the industrial zone allows commercial uses) subject only to the city's site plan review process. In addition, a business license is required. The conditional use process is discretionary and conditions can be imposed to further regulate the home. These conditions can include occupancy limits, fire sprinklers, alarm systems and vehicular prohibitions. Because the permit is discretionary, it also may be found incompatible in a neighborhood and denied. Those homes which are not licensed and exceed two boarders, are considered a roominghouse (boardinghouse is another term for this). The zoning ordinance permits anyone to rent no more than two rooms (one to a person) by right. Once that number is exceeded, the use &the home is considered a roominghouse which requires a conditional use permit. An ongoing problem is people who believe they can operate a group home without any state license but still be allowed to have six people. Under the ordinance, it' no state license has been issued, they are considered a roominghouse unless they only board two people. September, 2001 Summary sheet: RESIDENTIAL CARE OR GROUP HOME Facility serves 6 or fewer people (count does not include live-in owners or help): · is permitted by right in all residential zones (considered by state law a residential use) · no city business license or home occupation permit is required · the operator must have a license from the State of California Facility serves 7 or more people (count does not include live-in owners or help): · a conditional use permit is required in all residential zones (except R-4 for people with disabilities) · a City business license is required (however, no home occupation is needed) · the operator must have a license from the State of California ~hese care facilities are providing non-medical care to persons in need of personal services, supervision, or assistance essential for their daily living. This can include care for the elderly, juveniles, physically and/or mentally disabled, alcohol/drug rehabilitation, halfway homes, etc. -- any facility where care and/or supervision for the specific condition is provided and such facility is licensed as such by the state.) ROOMINGHOUSE A roominghouse: · is any building containing 3 or more guestrooms rented for compensation · is not the same as a residential or group care home as no care or supervision is given to the residents, though meals can be provided · requires a conditional use permit in any residential zone (except R-4) · requires a city business license (In any residential zone, a person can legally rent up to 2 rooms (1 person' in each room) as a permitted use. Once they rent 3 or more rooms and/or have 3 or more renters, a conditional use permit is required If the homeowner states that they are running a group care home for 6 or fewer persons believing this to be a permitted use but they have no state license for such a facility, then they are not a residential facility but a roominghouse. They must either obtain approval of a CUP or reduce the number of people and rooms being rented to 2 so as to remain a legal use without a CUP.) FAMILY DEFINITION: A family is defined as an individual or group of individuals, related or unrelated, living together as a single housekeeping unit, including necessary servants. A family does not include a residential facility, group care, rest home, dormitory, roominghouse, motel or similar uses. (,4 single housekeeping unit means that the occupants have common use and access to all living and eating areas, bathrooms, and food preparation and service areas. In addition, court cases have recognized that a family represents an intentionally structured relationshiP between the occupants implying a permanent, long- term relationship as opposed to one that is short-term or transient. The latter includes roominghouses, halfway and sober/drug-free living homes where the person is at the home for a defined period and then is required to move to more permanent living arrangements.once they've satisfied their time or recovery period. There is no maximum number of people that can live in a home by definition since the city cannot discriminate between related and unrelated persons as ruled by the Supreme Court. Occupancy limits are a health and safety issue enforced by the Uniform Housing Code as it is based on a person per room or minimum square footage requirement which can be applied equally to all persons regardless of relationship.) ~ September, 2001 LICENSED GROUP HOME COUNTS WARD I SMALL HOMES I LARGE HOMES TOTAL (6 or less people1 (6 or more people) 1 23 2 25 2 14 17 31 3 10 0 10 4 8 1 9 5 27 7 34 6 20 1 21 7 13 2 15 TOTAL 115 30 145 September, 2001 URBAN DEVELOPHENT COI~fITTEE SEPTEHBER 17, 2001 Building Code & Municipal Code Requirements f ...... Uniform Building Code Requirements; Section 106.2 of the Uniform Building Code requires (one-story) accessory buildings such as storage sheds, playhouses and other similar uses to obtain a building permit if the structure exceeds 120 sq. f~. in area. The code defines a "one-story" structure as having a 1 st floor less- than or equal-to 6 fcct above grade, and a maximum roof height of 12 feet. If the proposed structure exceeds the maximum requircrnents outlined above, a building permit is required and all Uniform Building Code requirements apply. Plans must be submitted to thc building department and the structure is reviewed for structural integrity and setback requirements. The majority of storage sheds and baekyard playhouses are less than 120 sq. fi., therefore building pennits are generally not required. Bakersfield Municipal Code Requirements; The Bakersfield Municipal code regulates those structures (sheds, playhouses, etc.) that may or may not require a building permit. In June of 2000, Section 17.08 of the Municipal Code was revised as follows: Accessary Building to Main Building Separation was revised from 10' to 3'. Accessary Building to Accessary Building Sep~ation was revised from 6' to 3'. Interior Side Yard Setback was reduced from 5' to 0'. (Remains 5' if structure is over 120 sq. f~. in area and/or 7' in height*) Rear Yard Setback was reduced from 5' to 0'. (Remains 5' if structure is over 120 sq. f~. in area and/or 7' in height*) *Prior to June of 2000, the Uniform Building Code governed in limiting the structure height to 12' with the 5' setback. The revised municipal code now limits that height to 7'. Structures exceeding 7' in height are required to setback 5' from the property line. :1~97 UNIFORM BUILDING CODE 215 221 ~ "Noncombustible" does not apply to surface finish materials. SECTION 219 -- R Material required to be noncombustible for reduced clearances to REPAIR is the reconstruction or renewal of any part of an exist- flues, heating appliances or other sources of high temperature shall refer to material conforming to Item 1. No material shall be lng building for the purpose of its maintenance. classed as noncombustible, which is subject to increase in com- bustibility or flame-spread rating, beyond the limits herein estab- SECTION 220 -- S lished, through the effects of age, moisture or other atmospheric SIEI.F-LUMINOUS means powered continuously by a self- condition, contained power source other than a battery or batteries, such as Flame-spread rating as used herein refers to rating obtained ac- radioactive tritium gas. A self-luminous sign is independent of cording to tests conducted as specified in UBC Standard 8-1. external power supplies or other energy [:or its operation. S-~NSITIZER is a chemical that causes a substantial propor- ~ tion of exposed people or animals to develop an alle _rgic reaction ~F SECTION 216 ~ O in normal tissue after repeated exposure to the chemical. F SERVICE CORRIDOR is a fully enclosed passage used for OCCUPANCY is the purpose for that a building, or part there- transporting hazardous production materials and for purposes of, is used or intended to be used. other than required exiting. ORIEL WINDOW is a window that projects from the main SI~MeT is an interior space, enclosed by walls or construction, line of an enclosing wall of a building and is carried on brackets or extending through one or more stories or basements that connects corbels, openia~ in successive floors, or floors and roof, to accommodate OWNER is any person, agent, firm or corporation having a elevators, dumbwaiters, mechanical equipment or similar devices legal or equitable interest in the property, or to transmit light or ventilation air. SHAFT ENCLOSURE is the walls or construction forming the boundaries of a shaft. SECTION 217 -- P S]~LI~ as used in this code, is mandatory. PANIC HARDWARE. See Section 1002. SMOKE DETECTOR is an approved, listed device that senses visible or invisible particles of combustion. PEDESTRIAN WALKWAY is a walkway used exclusively as STAGE. See Chapter 4. a pedestrian trafficway. ffrORY is that portion of a building included between the upper PERMIT is an official document or certificate issued by the surface of any floor and the upper surface of the floor next above, building official authorizing performance of a specified activity, except that the topmost story shall be that portion of a building in- PERSON is a natural person, heirs, executors, administrators eluded between the upper surface of the topmost floor and the ceil- or assigns, and includes a fLrm, partnership or corporation, its or lng or roof above. If the finished floor level directly above a usable their successors or assigns, or the agent of any of the aforesaid, or unused under-floor space is more than 6 feet (1829 mm) above grade_ as defined herein, for more than 50 percent of the total PHOTOLUMINESCENT is the property of emitting light as perimeter or is more than 12 feet (3658 mm) above grade, as the result of absorption of visible or invisible light, which contin- defined herein, at any point, such usable or unused under-floor ues for a length of time after excitation, space shall be considered as a story. PLASTIC MATERIALS, APPROVED, other than foam b-'TORY, FIRST, is the lowest story in a building that qualifies plastics regulated under Sections 601.5.5 and 2602, are those plas- as a story., as defined herein, except that a floor level in a building tic materials having a self-ignition temperature of 650°F (343°C) having only one floor level shall be classified as a first story, pro- or greater as determined in accordance with UBC Standard 26-6, vided such floor level is not more than 4 feet (1219 mm) below and a smoke-density rating not greater than 450 when tested in ac- grade, as defined herein, for more than 50 percent of the total pe- cordance with UBC Standard 8-1, ia the way intended for use, or a rimeter, or not more than 8 feet (2438 mm) below grade, as defined smoke-density rating not greater than 75 when tested in accord- herein, at any point. ance with UBC Standard 26-5 in the thickness intended for use. STREET is any thoroughfare or public way not less than 16 feet Approved plastics shall be classified as either CC1 or CC'2 in ac- (4877 mm) in width that has been dedicated or deeded to the pub- cordance with UBC Standard 26-7. See also "foam plastic insnla- lic for public use. tion." STRUCTURAL OBSERVATION means the visual observa- PLATFORM. See Section 405.1.2. tion of the structural system, for general conformance to the ap- proved plans and specifications, at significant construction stages PLUMBING CODE is the Plumbing Code, as adopted by this and at completion of the structural system. Structural observation jurisdiction, does not include or waive the responsibility for the inspections re- PROTECTIVE MEMBRANE is a surface material that forms quired by Section 108, 1701 or other sections of this code. the required outer layer or layers of a fire-resistive assembly con- STRUC'rURE is that which is built or constructed, an edifice raining concealed spaces, or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. PUBLIC WAY. See Section 1002. SURGICAL AREA is the preoperating, operating recovery and similar rooms within an outpatient health-care center. SECTION 218- Q SECTION 221 --T ~1 No definitions. TRAVEL DISTANCE. See Section 1004.2.5. 1-11 1;~4.?_5 1997 UNIFORM BUILDING CODE 106.2 104.2.5 Occupancy violations. Whenever any building or Test methods shall be as specified by this code or by other rec- structure or equipment therein regulated by this code is being used ognized test standards. If there are no recognized and accepted test contrary to the provisions of this code, the building official may methods for the proposed alternate, the building official shall de- order such use discontinued and the structure, or portion thereof, termine test procedures. vacated bv notice served on any person causing such use to be con- All tests shall be made by an approved agency. Reports of such tinued. Such person shall discontinue the use within the time pre- ~all be retained by the building otc period re- scribed by the building official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of quired for the retention of public records. this code. 104.2.10 Cooperation of other officials 'and. officers. The building official may request, and shall receive, the assistance and 104.2.6 Liability. The building official charged with the en- cooperation of other officials of this jurisdiction so far as is re- forcement of this code, acting in good faith and without malice in quired in the discharge of the duties required bv this code or other the discharge of the duties required by this code or other pertinent pertinent law or ordinance. law or ordinance shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an ...... -:. ....... act or by reason of an act or omission in the discharge of such du- ' $1=CTION 105 -- BOARD OF APPEALS ties. A suit brought against the building official or emplo, y..ee be- ' '""'~ '~:':. : ......... cause'0'f such act or omi~s._~on_.performed by the building official br 105.1 General. In order to hear and decide appeals of orders, de- employee in the enforcement of any provision of such codes or cisions or determinations made by the building official relative to other pertinent laws or ordinances implemented through the en- the application and interpretation of this code, there shall be and is forcement of this code or enforced by t. he code enforcement hereby created a board of appeals consisting'of members who are agency shall be defended by this jurisdiction until final termina- qualified by experience and training to pass on matters pertaining tion of such proceedings, and any iudgment resulting therefrom to building construction and who are not employees of the juris- shall be assumed by this jurisdiction, diction. The building official shall be an ex officio member of and shall act as secretary to said board but shall have no vote on any This code shall not be eonstmed to relieve from or lessen the re- matter before the board. The board of appeals shall be appointed sponsibility of any person owning, operating or controlling any by the governing body and shall hold office at its pleasure. The building or structure for any damages to persons or property board shall adopt rules of procedure for conducting its business, caused by defects, nor shall the code enforcement agency or its and shall render all decisions and findings in writing to the appel- parent jurisdiction be held as assuming any such liability by rea- lant with a duplicate copy to the building official. son of the inspections authorized by this code or any permits or certificates issued under this code. 105.2 Limitations of Authority.. The board of appeals shall have no authority relative to interpretation of the administrative 104.2.7 Modifications. When there are practical difficulties in- provisions of this code nor shall the board be empowered to waive volved in carrying out the provisions of this code. the building of- requirements of this code. ficial may grant modifications for individual cases. The building official shall first find that a special individual reason makes the strict letter of this code impractical and that the modification is in ~I=~l;l,0~ 106~ conformance with the intent and purpose of this code and that such " 106.1 Permits Required.._Excel?__as specified in Section 106~. modification does not lessen any fire-protection requirements or any degree of structural integrity. The details of any action grant- no building or structure regulated by this code shall be erected, ing modifications shall be recorded and entered in the files of the constructed, enlarged, altered, repaired, moved, improved, re- code enforcement agency, moved, converted or demolished unless a separate petrol, far each building or structure has first been obtained from the building offi- 104-2.8 Alternate materials, alternate design and methods of aim construction. The provisions of this code are not intended to pre- 106.2 Work Exempt from Permit. A building permit shall not vent the use of any material, alternate design or method of be required for the following: construction not specifically preschbed by this code, provided any alternate has been approved and its use authorized by the ., 1~ ~" }/ bui, g official. ] ~-~'W~"-T--~ exceed-12.0 ~i~i/i~ feet (11.15 m2). '" The building official may approve any such alternate, provided ,,,,~-,, .-,,--..~,,.,,~-~,.,-m-.::~':-.,,..,,~ ........ :- ..._- the building official finds that the p_~posed design is sat~stactory 2 'Fences not over 6 feet (1829 mm) high. and complies with the provisions of this code and that the material, 3.~ (~l'derricks. ' method or work offered is, for the purpose intended, at least the 4.~il~i's-'and -partiii°~' :n'dt-o¢~r 5"}e'~t equivalent of that prescribed in this code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. 'q~c~~'~)-I~gh,'''' ' The building official shall require that'su--~cient evi~de~-~ or 5. Rilaining wal~'tl~_'~n~i-~ver 4 measured ~ the biSff6m~'~ooting to~ tiix: pr6of-F6~ubmitted tO substantiate any claims that may be made regarding its use. Ihe details of any action granting approval of an ~rting a ~urchatgt~Class-~ ]]-~-'iiI:/[ iJq- alternate shall be recorded and entered in the files of the code en- ' forcement agency. 6. Water urea does not exceed..,LOfl0-gallons 08 927 L) and the 104-2.9 Tests. Whenever there is insufficient evidence of com- pliance with any of the provisions of this code or evidence that any material or construction does not conform to the requirements of 7. Plaff6i'ms, wallm"aim'"dh~eW;~ys' n0i 'm~e ~han 30 inches this code, the building official may require t¢~_l~__a5 pmnf nf cam- (762'mm) above grade and not over any basement or story~v. pliance to be made at no expense to thi~ jurisdic~inn" 8?'Painting, papering-and 'similar finish woflc 1-2 ........ TABLE 5-A~EXTEFilOFI WALL AND OPENING PROTECTION BASED ON LOCATION ON PROPERTY FOR ALL CONSTRUCTION TYPES~,2,a--.(Continued) ~ ! EXTERIOR WALLS ! Distances mi mMaumd Ia property ilnea (~ $ec~on ~). OCCUPAN.CY CONSTRUCTION I x 304.~ tot mm GROUP' TYPE ~ I-F.R. i Four-hour N/C Four-hour N/C less than 40 feet Protected Ica than 60 feet II-ER. One-hour N/C less than 60 feet III One-hour i NR. N/C elsewhere III-N ' Il One-hour ! One-hour N/C Same as beating, except NR, Protected less than 60 feet H.$2 i N/C 60 feet or greater II-N i One-hour N/C less than 60 feet Same as bearing Protected less than 60 feet I NR, N/C elsewhere V One-hour ] One-hour Same as bearing Protected less than 60 feet V-N i One-hour less than 60 feet Same as bearing Protected less than 60 feet I NR elsewhere I-l.l I-ER. Four-hour N/C Four-hour N/C less than 5 feet Not permitted less than 5 feet 1-1.2 II-F.R. Two-hour N/C less than 20 feet Protected less than 20 feet 1-2 One-hour N/C less than 40 feet I-3 NIL N/C elsewhere Il One-hour Two-hour N/C less than 5 feet Same as bearing except Not permitted less than 5 feet l-lA One-hour N/C elsewhere NIL N/C 40 feet or greater Protected less than l0 feet I-1.2 1.32 V One-hour I Two-hour less than 5 feet Same as bearing Not permitted less than 5 feet One-hour elsewhere Protected less than 10 feet I-1.2 III-N These occupancies are not allowed in buildings of these construction types.? I-3 I-3 IV-H.T. i Group l, Division 3 Occupancies are not allowed in buildings of this construction .type. I-1.1 III One-hour ~ Four-hour N/C San~ as bearing except Not permitted less than 5 feet I-1.2 ] ~ N/C 40 feet or greater Protected 1~ than 20 feet 1-1.1 IV-H.T [ Four-hour N/C Same as bearing except Not permitted less than 5 feet I-1.2 ~ NIL N/C 40 feet or greater Protected ier~ than 20 feet I1 One-hour ~ One-hour N/C Same as bearing except Not permitted less than 5 feet ! NR. N/C 40 feet or greater Protected less than 10 feet !-2 V One-hour i One-hour Same as bearing Not Protected permittedlcssless thanthan 10 5feet feet I-ER. i Four-hour N/C less than 3 feet Four-hour N/C less than 3 feet Not permitted less than 3 feet II-ER. I Two-hour N/C elsewhere Two-houz N/C less than 20 feet Protected less than 20 feet Ill One-hour i One-hour N/C less than 40 feet III-N ! NIL N/C elsewhere IV-H.T. 11 One-hour i One-hour N/C Same as bearing except Not permitted less than 5 feet R-I i NIL N/C 40 feet or greater II-N i One-hour N/C less than 5 feet Same as beating Not permitted less than 5 feet I NR, N/C elsewhere V One-hour i One-hour Same as bearing Not permitted less than 5 feet V-N I One-hour less than 5 feet Same as bearing Not permitted less than 5 feet ] NR elsewhere I-ER. i Four-hour N/C Four-hour N/C less than 3 feet Not permitted less than 3 feet II-F.R. i Two-hour N/C less than 20 feet Protected less than 20 feet III One-hour : One-hour N/C less than 40 feet Ill-N I ~ N/C elsewhere IV-H.T. Il One-hour i One-hour N/C Same as bearing except Not permitted less than 3 feet R-3 i NIL N/C 40 feet or greater [I-N · One-hour N/C less than 3 feet Samc as bearing Not permitted less than 3 feet ' NIL N/C elsewhere V One-hour One-hour Same as bearing Not permitted less than 3 feet V.N ~10ne'h°ur less than 3 feetNR elsewhere Same as bearing Not permitted less than 3 feet [ I (Continued) Front Yard 25' 15' 15' 15' (see ord for cul-de-sac lots) ,. 20' for a garage or carport ,, 20' for a garage or carport ,. 20' for a garage or carport if the opening faces a public ' if the opening laces a public if the opening t~ces a public or private street' or private street' or private street' · 45° airspace diagonal for ,. 45° airspace diagonal for * 45° airspace diagonal for multi-story buildings multi-story buildings multi-story buildings ,' 2,3,4-plexes 20' each ya lot Side Yard 10' 10' 10' 10' (street) · 5' for pool or spa · 5' for pool or spa · 5' for pool or spa · 5' tbr pool or spa · 20' lbr a garage or carport · 20' tbr a garage or carport · 20' for a garage or carport · 20' tbr a garage or carport if the opening faces a public if the opening faces a public if the opening thces a public if the opening thces a public  or private street' or private street' or private street' or private street' I~ Side Yard 5' 5' 5' 5' ~,] (interior) · ~0' for l~ floor and 25' for I~ 2~: + floor if adjacent to ~ single family development Rear Yard 5' 5' 5' 5'  · 25'or 20% of the lot depth, ,' 25'or 20% of the lot depth. ,. 15' if more than 55%of the - 15' ifmore than 60%of the ~ whichever is less, if more whichever is less, if mom lot is covered by buildings or lot is covered by buildings or  than 45% of the lot is than 50% of the lot is structures structures covered by buildings or coveredby buildings or ,. 10' for la floor and 25' for · 10' tbr l~ tloorand 25' for ·. ~ structures structures 2~ + floor if adjacent to 2~ +tloor ifadjacem to ,)!:i::f::~.i · 10' for 1'~ floor and 25' for single family development single family development 2~ + floor if adjacent to ~i': : single family development Height 35' 35' 35' 65' (2½ stories) (272 stories) (4 stories) Dwelling 10' 10' 10' 10' Separation (if detached) (if detached) (i f detached) (if detached) '~;}': /I Main Bldg Y J~ 10~) Separation (less is permitted but then the buildings are considered attached and subj'~t to the main building setback?) r~ Acc-Bldg 3' ~.~) // Z Separation (less is permitted but then the buildings are considered attached and subject to setbacks as a single,bhilding) ~ ..~ Front Yard Same as main building /' / g'~i:i~i Side Yard Same as main building '.::/'.'" (street)r~ O~._2D'"'- Side Yard 0'  (interior) (y if over 120 sq.ft, in area Rear Yard ) ~ (5' if over 120 sq.ft, in area an~Ort~, high) ~1~. Accessory 12% No limit No limit No limit ':~[~!'.; :" Bldg (total lot area) (12% of total lot area if Coverage developed with a single '"":. ':: family home) · Special dwelling setbacks (does not include accessory bids): 50' - agricultural and R-S zoned property; 30' - freeway and railroad right-of-way · R-S zone only (setback if accessory bldg Contains animals): 50' - homes; 100' - front lot line; 10' - side street; 100' - school, hospital, public park · See Section 17.08.125 regarding exceptions if more than 50% of block developed with lesser building setbacks · See Section 17.08.170 regarding encroachments of architectural features that do not contain additional floor or interior space City of Bakersfield- July 18, 2000 ACCESSORY BUILDINGS ACCESSORY BUILDING (Section 17.04.020) - defined as a detached, subordinate building~', its use being incidental to the main building or use of the land (you cannot have a lot with an accessory building or structure by itself- it must be accessory to something already there). ~ Building (Section 17.04.080) - defined as any structure® having a roof which is supported by walls or columns. ~ Structure (Section 17.04.600) - defined as anything constructed or erected which requires location on the ground or to something on the ground. (tents, vehicles, trailers, fences or walls used as fences less 6 feet in height, are not considered structures by this definition) [Note: If an accessory building is attached to or located less than 3 feet fi.om the main building, it is considered part of the main building and is subject to the setbacks of the main building.] ACCESSORY BUILDINGS NOT CONSIDERED EXAMPLES ACCESSORY BUILDINGS · Guest house * Spa · Second dwelling unit * Swimming pool · Carport(freestanding) · Deck · Garage (freestanding) · Concrete pad · Storage building · Screening lattice (freestanding panel) · Gazebo · Shed · Greenhouse · Barn · Shade/canvas cover (freestanding) · Workshop/hobby shop