HomeMy WebLinkAbout09/10/1992 BAKERSFIELD
Ken Peterson, Chair
Kevin McDermott
Patricia'M. Smith
Staff: Jack Hardisty
AGENDA
URBAN DEVELOPMENT COMMITTEE
Thursday, September 10, 1992
12:00 noon
City Manager's Conference Room
1. Sidewalk Pushcart Food Vendor Ordinance (Michael Allford)
2. Adoption of 1991 Uniform Fire Code (Steve Johnson)
3. 1:15 p.m. Riverlakes Transportation Fee (Alan Tandy)
[Frank Lopez]
4. 12:30 p.m. Southwest GET Transfer Station
[Steve Ruggenberg and David Milazzo]
5. Set Next Meeting
MEMORANDUM
September 3, 1992
TO: URBAN DEVELOPMENT COMMITTEE
WILLIAM DESCARY, CITY TREASURER ~
SUBJECT: SIDEWALK PUSHCART FOOD VENDOR ORDINANCE
The attached draft of the sidewalk pushcart food vendor
ordinance addresses the shortcomings of the existing ordinance (as
detailed below) and would be compatible with the State Motor
Vehicle Code.
After the draft is modified by the committee, it is
recommended that it be sent to the vendors and those interested
permanent business owners for final comment and review. A period
of ten days should be adequate for soliciting this input. This
amended ordinance does include input from some vendors and business
owners.
The ordinance was drafted with minimum regulation in mind (it
also repeals chapter 8.16 and section 12.44.035 relating to
sidewalk food sales) and is intended to provide adequate guidelines
for the efficient administration of this business activity.
Proposed Substantive Changes/Additions:
1. Adds definition of "sidewalk food vendor" and "pushcart"
(5.45.010(B) and (C));
2. Adds an insurance requirement to indemnify City of
Bakersfield (5.45.030(D));
3. Requires stationary pushcarts to be at least 150 feet
from the main entrance of any establishment which sells food to the
public (5.45.030(E)(2) -- to take effect prospectively from date of
adoption);
4. Requires stationary pushcarts to remain at least 250 feet
from a location specified in a permit issued another stationary
pushcart vendo~ (5.~,5.,030(E)(3) -- to take effect prospectively
from date of adoption)-
Memorandum to Urban Development Committee
Re: Sidewalk Pushcart Vendor Ordinance
September 3, 1992
5. Limits total number of permit-holders to ten (10).
Limits total number of permits to twenty (20). (Two permits
maximum to each permit-holder -- 5.45.030(I) and 5.45.040(I));
6. Limits the dimensions of pushcarts (5.45.040(G));
7. Prohibits the operation of a stationary pushcart in a
residential district (5.45.040(J)); and
8. Requires a minimum width of four (4) feet of unobstructed
sidewalk shall be maintained for pedestrian traffic while operating
a stationary pushcart (5.45.040(K)).
cc: Alan Tandy, City Manager
Jack Hardisty, Planning Director
Attachment
MGA:gp
0~CE~P~HC~T. ~C
ORDINANCE NO.
AN ORDINANCE REPEALING CHAPTER 8.16,
SECTION 12.44.'035 AND ADDING CHAPTER
5.45 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO SIDEWALK PUSHCART
.FOOD VENDORS.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Chapter 8.16 of the Bakersfield Municipal Code is hereby
repealed.
SECTION 2.
Section 12.44.035 of the Bakersfield Municipal Code is
hereby repealed.
SECTION 3.
Chapter 5.45 is hereby added to the Bakersfield Municipal
Code to read as follows:
Chapter 5.45
SIDEWALK PUSHCART FOOD VENDORS
Sections:
5.45.010 Definitions.
5.45.020 Permit required.
5.45.030 Application - Issuance - Fee.
5.45.040 Regulations.
5.45.050 Revocation.
5.45.060 Appeal.
5.45.010 Definitions.
Whenever used in this chapter, unless a different meaning
clearly appears from the context, the words set out in this section
shall have the following meanings:
A. "Person" means any individual, partnership,
corporation or association of any nature whatsoever.
Bt "Sidewalk food vendor" means any person who engages
in a business'of selling foodland/or drinks on any city sidewalk
within the city, and does not include any business occupying a
structure upon a permanent foundation constructed in accordance
with the requirements of Chapter 15.12 of this code.
C. "Pushcart" means a device moved exclusively by human
power. This definition specifically excludes a device by which any
person or property may be propelled, moved or drawn upon a highway.
5.45.020 Permit required..
It is unlawful for any person to operate as a sidewalk
pushcart food vendor in the city in violation of this chapter, or
without having first procured and maintained a valid permit from
the city manager or his designee.
5.45.030 Application - Issuance - Fee.
A. Applications for permits under this section shall be
made on forms to be furnished by the city manager or his designee,
shall be submitted no less than fourteen days prior to commencement
of business, shall be signed under penalty of perjury by the
applicant and shall require the following information:
1. The name, address and telephone number of the
applicant;
2. The name, address and telephone number of the
business;
3. Prior and current permits held and whether such
permits were ever revoked or suspended and the reasons therefor;.
4. If food sales are to be conducted from a
pushcart at a fixed location (stationary), the exact location where
the pushcart will be situated, shown on a plot plan, including the
locations of structures, utilities, fire hydrants, curb cuts and/or
driveways;
5. If food sales are to be conducted from a
pushcart other than at a fixed location (mobile), the proposed area
within which the pushcart will be operated;
6. The business tax certificate number of the
business;
7. Whether a health department permit for this
business has been issued.
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B. The application shall be accompanied by a written
approval from the owner of all established retail business, if any,
located within fifty feet in either direction and on the same side
of the street as the proposed fixed (stationary) location.
C. If the application is not accompanied by the signed
approvals described in subsection B., above, the city manager or
his designee shall, within ten days of receipt of the application,
set a hearing upon the application. The city manager or his
designee shall by mail notify the applicant and each business
operator whose approval was not obtained, of the time and place of
such hearing, which shall be not less than five days after the date
such notices are mailed. At such hearing, any owner of any such
business may respond as to the criteria set forth in 'subsections
E.4, through E.6. of this chapter. Within five business days of
the conclusion of the hearing, a written decision shall be mailed
to the applicant.
D. The appliCation shall be accompanied by evidence,
satisfactory to the city manager or his designee, of general
liability insurance providing coverage on an occurrence basis for
bodily injury, including death of one or more persons, property
damage and personal injury, with limits as required by the city.
Insurance required of the applicant hereunder shall be primary
insurance as to the city, its mayor, council, officers, agents,
employees and volunteers and any insurance or self-insurance
maintained by the city, its mayor, council, officers, agents,
employees and volunteers shall be considered excess insurance, over
and above the applicant's insurance and shall not contribute with
it. The applicant shall save, hold harmless and indemnify the
city, its officers, agents, employees and volunteers from all
claims, demands, damages, judgments, costs or expenses in law or
equity that may at any time arise from, or are in any way related
to, any activity addressed by this chapter.
E. The city manager or his designee shall, in his
discretion, issue a permit if he finds:
1. The 'application is complete and truthful.
2. The fixed location of the pushcart (stationary)
is no less than one hundred fifty feet (150')from a hypothetical
line extending out to the public sidewalk from the outer edges of
the main entrance of any establishment within which food is Sold to
the public. For any establishment having more than one entrance,
the city manager or his designee shall determine which entrance is
the main entrance to the establishment. ~
3. The fixed location of the pushcart (stationary)
is no less than two hundred fifty feet (250'), measured in. either
direction on the same side of the street, from a location specified
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in a permit issued another stationary pushcart food vendor pursuant
to the provisions of this chapter.
4. The business for which the application is made
will be maintained and conducted in accordance with all local,
state and federal laws.
5. The operation of such business at such location
will not present any substantial hazard to vehicular or pedestrian
traffic.
6. The operation of such business will not create
an unreasonable hardship for any adjacent or neighboring business.
7. The applicant has obtained insurance as
required under subsection D of this section.
8. A valid business tax certificate has been
issued for this business.
9. A valid health department permit, has been
issued for this business.
10. The applicant has not had a permit, issued
under this section, revoked, unless the city manager finds that the
reasons for such revocation are unrelated to this application.
11. The applicant does not presently hold more than
one current permit issued pursuant to this chapter.
12. The total number of permits issued pursuant to
this chapter does not exceed the limits set forth in subsection I
of this section.
F. Ail permits'issued under this chapter shall remain
in effect until the following June 30, unless earlier revoked. All
applications for permit renewal under this chapter must be
submitted prior to June 16.
G. The applicant shall pay a fee not to exceed the cost
of processing any such application and inspecting such business as
set forth in Section 3.70.040.
H. Permits may be issued with conditions to ensure the
pushcart will be operated in a safe and legal manner, will not
disturb the peace and quiet of the neighborhood and will not
constitute an undue burden on city resources.
I. No permit shall be issued to any person unless that
person was issued a permit the previous year for the same location.
However, if fewer than ten permit-holders hold current permits,
permits may be issued to persons unpermitted the previous year in
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the order in which their applications are submitted from June 16 to
June.25. In no case, however, shall the total number of permits
issued exceed 20. Priority as between applications made the same
day shall be determined by a drawing conducted by the city manager
or his designee. Should any person issued a permit the previous
year fail to apply for a permit renewal for the same location prior
to June 16, such person shall be treated as if he had not been
issued a permit the previous year.
J. Those sidewalk food vendors holding a valid permit
as of the effective date of this ordinance shall be permitted to
continue at the same location upon issuance of subsequent permits,
for so long as those permits are continuously held and renewed.
5.45.040 Regulations.
A. Except as permitted by section 10.56.080(B), the
business of selling food and/or drinks on a city sidewalk shall be
made solely from pushcart devices as defined in section 5.45.010 C.
B. Except as expressly permitted by and in accordance
with the provisions of Chapter 12.44 and section 10.56.080(B) of
this code, the sale, offer to sell, advertising or display of
merchandise on any street or sidewalk in the city is prohibited.
C. No permit-holder shall shout, make any outcry, blow
a horn, ring a bell or use any other sound device including any
loudspeaker, radio or amplifying system where sound of sufficient
volume is emitted or produced therefrom capable of being plainly
heard upon the streets, alleys, parks or other public places.
D. Ail pushcarts shall be self-contained, and no
tables, chairs, boxes or objects other than the permitted pushcart
shall be permitted on the city sidewalk, except for one chair for
the use of the pushcart vendor and one trash receptacle.
E. Any permit issued pursuant to this chapter shall be
non-transferrable, and shall be valid only as to the applicant and
location provided on the application for such permit.
F. The permit-holder shall maintain the required
insurance throughout the term of the permit.
G. Food vending pushcarts shall not exceed eight feet
(8') in length, six feet (6') in width and five feet (5') in
height, measured from the. ground.
H. No pushcarts shall be operated on any city sidewalk
on a street designated as a parade route during a parade.
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I. No sidewalk pushcart food vendor shall hold more
than two valid permits issued pursuant to this chapter at any one
time.
J. No permit shall be issued for the operation of a
fixed location (stationary) pushcart in any residential district.
K. At all times during the operation of a fixed
location (stationary) pushcart, a minimum width of four (4) feet
of unobstructed Sidewalk shall be maintained for pedestrian
traffic.
5.45.050 Revocation.
Any permit issued pursuant to this chapter may be
immediately revoked by the city manager whenever he finds:
A. Fraud, misrepresentation or false statement
contained in the application for the permit or made in the course
of carrying on the business regulated by this chapter; or
B. The applicant has been convicted of a crime
substantially related to the qualifications, functions or duties of
the business for which application is made, unless he has obtained
a certificate of rehabilitation; or
C. Any of the terms or conditions of this chapter have
been violated, or that the business has been operated in violation
of local, state or federal law.
5.45.060 ApDeal.
A. Should any applicant be dissatisfied with the
decision of the city manager or his designee not to grant a permit
or for the revocation of a permit, then said applicant may, no
later than ten days after notice of such decision is deposited in
the United States mail, addressed to the applicant or permittee at
the address provided on the application, make written objection to
the city council setting forth the.grounds for dissatisfaction,
whereupon the council shall hear said objections at a regular
meeting no later than three weeks following the filing of the
objection with the city clerk. The applicant shall be given
written notice no less than three days prior to said hearing. The
council may, upon said hearing, sustain, suspend or overrule the
decision of the city manager, which decision shall be final and.
conclusive.
B. Pending the hearing before the council, the decision
of the city manager or his designee shall remain in full force and
effect and any reversal thereof by the city council shall not be
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retroactive but shall take effect as of the date of the council's
decision.
SECTION 3.
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-
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I HEREBY CERTIFY that the foregoing Ordinance was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on , by the
following vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
MSA:~
ORDINANCE\PUSHCART
9/3/92
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July 8, 1992
TO: VICE-MAYOR KEVIN McDERMOTT
FROM: LAWRENCE M. LUNARDINI, CITY ATTORNEY~vt/
SUBJECT: AMENDMENT TO CHAPTER 15.64 OF THE BAKERSFIR?.n MUNICIPAL
CODE RELATING TO THE UNIFORM FIRE CODE
Please refer the following proposed ordinance amendment to
whichever committee you deem appropriate:
~' AMENDMENT TO CHAPTER 15.64 RELATING TO THE UNIFORM FIRE CODE.
Background:
This ordinance will adopt the 1991 Uniform Fire Code, its
appendices and the Uniform Fire Code Standards subject to
deletions, modifications and additions by the Bakersfield Fire
Department and Hazardous Materials Division.
CITY MANAGER'S OFFICE
Attachment
cc: Stephen D. Johnson, Fire Chief
~A:~
0~INANCE\FIRECODE. ~
Chapter 15.64
UNIFORM FIRE CODE
Sections:
I. Adoption
15.64.010 Adoption of Uniform Fire Code, 1991 Edition,
Appendices and the Uniform Fire Code Standards.
II. Deletions, Additions and Modifications
15.64.020 Appendix Chapters II-E, II-F, and VI-C deleted.
15.64.022 Appendix Chapter I-A, amended--Existing buildings.
15.64.025 Appendix Chapter III-A(6) added.
15.64.030 Appendix Chapter III-B(6) added.
15.64.032 Appendix Chapter VI-D, Table 5-A, amended--
Nurseries and nursing homes.
15.64.035 Section 2.303--Board of Appeals--deleted.
15.64.040 Section 4.104(a) and (b) added--Inspection
required.
15.64.050 Section 13.301--Fire drills--exception added.
15.64.'060 Section 31.104 amended--Tire buffing rooms.
15.64.070 Article 33 amended--Cellulose nitrate motion
picture film.
15.64.080 Section 33.101 amended--Scope.
15.64.090 Section 33.102 amended--Permit required.
15.64.100 Section 33.104 amended--Storage of film.
15.64.110 Section 74.107(a) amended--Securing of cylinders.
15'.64.120 'Section 78.103(a)(2) amended--Manufacture, sale
and discharge of fireworks.
15.64.130 Section 78.103(c) added--Manufacture, sale and
discharge of model rockets.
15.64.140 Section 10.207 added--Fire lanes.
15.64.150 Section 10.501(d) added--Installation.
15.64.160 Section 10.402(b) added--Water supply.
15.64.170 Section 7~.902(c)(5) amended--Special enclosures.
15.64.180 Section 79.903(f)(1)(A) added-,Supervision.
15.64.200 Section 79.903(2)(A) amended--Nozzles.
15.64.205 Section 79.903(j) amended--Special-type
dispensers.
15.64.210 'Section 79.903(k) added--Self-service gasoline
stations.
15.64.220 Reserved.
15..64.230 Reserved.
i5.64.240 Section 11.201 amended--Bonfires and outdoor
rubbish fires.
15.64.250 Reserved.
15.64.260 Section 11.203(d) added--Hours of burning.
15.64.270 Section 11.303(g) added--Accumulation of waste
material.
15.64.280 Section 11.302(a) amended--Rubbish within and
adjacent to buildings and structures.
15.64.290 Section 11.304 amended--Parade floats.
15.64.300 Section 11.405 amended--Use of open flame or light
restricted.
15.64.310 Section 11.604 added--Streets, alleys and occupied -property.
15.64.320 Section 10.204(g) added--Security, private street
and vehicle access gates.
15.64.330 Section 10.507(c) amended--Group A occupancies.
15.64.340 Section 80.140 amended--Release of hazardous
materials.
15.64.342 Reserved.
15.64.345 Section 80.301{d) amended--Signage.
15.64.347 Article 82, Table No. 82-104-A amended.
III. Duties and Organization of Fire Safety Control Division
15.64.350 Duty to enforce code--Operational authority.
15.64.360 Fire Safety Control Division.
15.64.370 Arson investigation.
15.64.380 Assuming duties of peace officers.
15.64.390 Carrying~firearms.
IV. Fire Zones
15.64.400 Establishment of fire zones.
15.64.410 Section 79.502(a) added--Above-ground storage of
flammable or combustible liquids.
15.64.420 Prohibition of bulk storage or iiquefied petroleum
gases.
15.64.430 Prohibition of storage of explosives and blasting
agents.
V. Appeals from Uniform Fire Code
15.64.440 Board of appeals--Created.
15.64.450 Board of appeals--Duties.
15.64.460 Procedures.
VI~ Violation--Penalty
15.64.470 What constitutes violation.
15.64.480 Violation--Penalty.
)
I. Adoption
15.64.010 Adoption of Uniform Fire Code, 1991 Edition,
Appendices and the Uniform Fire Code Standards.
Except as hereinafter modified, that certain Fire Code known
as the "Uniform Fire Code, 1991 Edition (U.F.C.)," appendices
thereto, and the uniform Fire Code Standards sponsored and
copyrighted by the Western Fire Chiefs Association and the
International Conference of Building Officials, three copies of
which are filed in the office of the city clerk for use and
examination by the public, and each portion and provision
thereof, are adopted by reference as modified and amended in this
title and is declared to be the fire prevention code of the city
for the purpose of prescribing regulations governing conditions
hazardous to life and property from fire and explosion within the
incorporated limits of the city.
II. Deletions, Additions and Modifications
15.64.020 Appendix Chapters II-E, II-F and VI-C deleted.
Appendix Chapters II-E, II-F'and VI-C of the Uniform Fire
Code, 1991 Edition, are deleted from said code as adopted by this
chapter.
15.64.022 Appendix Chapter I-A amended--Existing buildings.
Appendix Chapter I-A, Existing Buildings, is hereby amended
to adopt the modifications as set forth in Bakersfield Municipal
Code section 15.12.210.
15.64.025. Appendix. Chapter III-A(6) added.
In setting the requirements for fire fl°w, the Fire
Department may also be guided by provisions in Insurance Services
Office (I.S.O.) or by approval of the Chief.
15.64.030 Appendix Chapter III-B(6) added.
All fire hydrant locations and distribution shall also
Comply with Insurance Services Office (I.S.O.) or by approval of
the Chief.
15.64.032 Appendix Chapter VI-D, Table 5-A amended--
Nurseries and nursing homes.
Appendix Chapter VI-D and Table 5-A are amended to read as
follows:.
4
Division 1. Nurseries for.the full-time care of children
under the age of six (6) each accommodating more than six (6)
persons.
Hospitals, sanitariums, nursing homes with
nonam~ulatory patients and similar buildings (each accommodating
more than six (6) persons).
Division 2. Nursing homes for ambulatory patients, homes
for children six (6) years of age or over (each accommodating
more than six (6) persons).
15.64.035 Section 2.303--Board of Appeals--deleted.
15.64.040 Section 4.104(a) and (b) added--Inspection
required.
Section 4.104, Inspection Required, ·of the Uniform Fire Code
is amended by adding paragraphs (a) and (b) thereto as follows:
(a) If unique or unusual circumstances attend the
design, operation or use of a building or premises subject
to inspection by the Fire Prevention Bureau, the Chief may
require the owner or the person in possession or control of
the building or premises to provide, without charge to the
City, a technical Opinion and report. The opinion and
report shall be prepared by a qualified engineer,
specialist, laboratory or fire safety specialty organization
acceptable .to the Chief and shall treat the fire safety·
properties of the design, operation or use of the building
or premises and the facilities and appurtenances situated
thereon.
(b) As used in this section, "unique or unusual
circumstances" include new or novel technology, processes,
· products, facilities, materials and uses.
15.64.050 Section 13.301--Fire drills--exception added.
Section 13.301, Fire Drills, of the Uniform Fire Code is
amended to add the follow%ng exception:
EXCEPTION: Per California Administrative Code title 19,
chapter 1, article 3, section 3.13, a fire
drill shall be held at the secondary school
level not less than twice every school year.
15.64.060 Section 31.104 amended--Tire buffing roOms.
Section. 31.104, Tire Buffing Rooms, of the Uniform Fire Code
is amended to read:
Buffing machines shall be located in rooms separated
from other areas as required by the Building Code.
Each machine shall be connected to an ample dust
collecting system discharging to a suitable container which
shall be cleaned at frequent intervals. There shall be
installed one sprinkler head connected~to the City water
system over each buffing machine. The water supply pipe
shall be not less than three-fourths of an inch (3/4") in
diameter.
15.64.070 Article 33 amended--Cellulose nitrate motion
picture film.~
Article 33, entitled Cellulose Nitrate Motion Picture Film,
of the Uniform Fire Code is amended to read:
Cellulose Nitrate Film.
15.64.080 Section 33.101 amended--Scope.
Section 33.101, Scope, of the Uniform Fire Code is amended
to read:
This Article applies to the storage and handling of
cellulose nitrate film, hereinafter referred to as "nitrate
film." Film having a cellulose acetate or other approved
slow burning base, marked "safety film," is exempt from
these provisions.
15.64.090 Section 33.102 amended--Permit required.
Section 33.102, Permit Required, of the Uniform Fire Code is
amended to read:
(a) No person shall store, keep or have on hand more
than 25 Pounds (for 35 mm. film about 5,000 feet) of nitrate
film without a permit.
(b) No person shall sell, lease or otherwise dispose
of any nitrate film to any person not having a permit to
handle, use or display, such film.
15.64.100 Section 33.104 amended--Storage of film.
Section 33.104, Storage. of Film, of the Uniform Fire Code is
amended to'read:
Storage of nitrate film, not in process or being worked
on, shall be in accordance with the following:
6
(a) Except as provided in paragraph (c) of this
section, amounts in excess of 25 pounds (5 standard rolls)
but not in excess of 1,000 pounds (200 standard rolls) shall
be kept in approved cabinets or in vaults.
(b) Amounts in excess of 1,000 pounds (200 standard
rolls) shall be kept in vaults.
(c) Unexposed nitrate film enclosed in the original,
'unbroken, shipping cases,'conforming to I.C.C. regulations,
shall be kept in a room equipped with approved automatic
fire sprinkler system.
If the amount exceeds 750 pounds (150 standard rolls),
it shall be stored in a room used for no other purpose.
15.64.110 Section 74.107(a) amended--Securing of cylinders.
Section 74.107(a), Securing of Cylinders, of the Uniform
Fire Code is amended to read:
(a) All compressed gas cylinders in service or in
storage shall be adequately secured to prevent falling or
being knocked over.' This shall be accomplished by the
installation of metal safety chains of suitable size or
other restraining methods approved by the Bureau of Fire
Prevention.
EXCEPTION: Compressed gas cylinders in the process of
examination, servicing and refilling are exempt from the
section.
15.64.120 Section 78.103(a)(2) amended--Manufacture, sale
and discharge of fireworks.
Section 78.103(a)(2), Manufacture, Sale and Discharge of
Fireworks, of the Uniform Fire Code is amended to read:
Except as hereinafter provided, it shall be unlawful
for any person to possess, store, to offer for sale, expose
for sale or sell at retail any fireworks and to use or
explode any fireworks other than safe and sane fireworks,
without first having obtained a permit from the City of
Bakersfield. No person or organization shall operate or
conduct a supervised public display of fireworks, other than
display of exclusively safe and sane fireworks (see Chapter
8.44 of this Code), without having first obtained a permit
to do so from the City of Bakersfield. The Fire Chief shall
have power to adopt reasonable rules and regulations for the
granting of such permits. Every such use or display shall
be handled by a competent operator, licensed by the State
Fire Marshal's office, and shall be of such character and so
7
located, discharged or fired so as not to be hazardous to
property or endanger any person.
15.64.130 Section 78.103(c) added--Manufacture, sale and
discharge of model rockets.
Section 78.103(c), Manufacture, Sale and Discharge of Model
Rockets, of the Uniform Fire Code is amended by adding p~ragraph
(c) to read as follows:
(c) Nothing in this Article shall be construed to
prohibit possession and use of model rocket engines as they
are defined and regulated under theprovisions of California
Administrative Code, title 19, chapter 6, article 17
(sections 1023-1042). The possession and use of model
rockets and model rocket engines shall be pursuant to a
permit issued by the Chief under such rules and regulations
as he may adopt in accordance with the provisions of
California Administrative Code.
15.64.140 Section 10.207 added--Fire lanes.
Section 10.207, Fire Lanes, is added to the Uniform Fire
Code as follows:
(a) Fire lanes shall be provided along the front of
all shopping complexes and all other buildings other than
dwellings when any part of said complex or building is more
than one hundred fifty (150) feet from a public street.
(b) Fire lanes' shall be located as determined by the
Chief, and shall not be less than twenty (20) feet in width,
with turning radiuses of not less than twenty-five (25) feet
in width, and shall have a clear height of not less than
thirteen feet, six inches (i3', 6").
(c) Fire lanes shall be maintained clear at all times
without exception. It shall be unlawful for any person to
impair or block such fire lanes by vehicle parking or
placing any other Obstruction therein. Any person violating
this section is guilty of an infraction.
(d) Fire lanes shall be identified in such a manner so
as to leave no doubt as to their existence and intended
purpose. Identification shall be by means of signs being
located along the entire length of the fire lane and shall
be placed not more than one hundred (100) feet apart. Where
deemed necessary by the Chief, the signs shall be
supplemented by diagonal yellow stripes being painted on the
required width of the fire lane. Stripes shall be a minimum
of four (4) inches in width, and the curb shall be painted
red.
8
(e) Fire lanes shall be conStructed in accordance with
specifications set forth by the Bakersfield Fire Department.
15.64.150 Section 10.501(d) added--Installation.
Section 10.501(d), Installation, is amended by adding
paragraph (d) as follows:
(d) In areas within the City of Bakersfield designated
by the Fire Chief as having an insufficient water supply
system for the purposes of fire protection, the following
regulations shall apply notwithstanding any other provision
of the Municipal Code.
1. These regulations shall apply only to single-
family residential development (detached, individual
dwellings) in such designated areas, whether as a
subdivision as defined in Title 16 of the Municipal Code, or
construction on one or more lots, of single-family
residential structures and accessory structures thereto.
2. DeveloPers shall submit a site development and
building plan, showing the exact proposed location of
structures on each lot, materials and elevations, together
with a diagram showing all structures on all adjoining lots
as to location, materials and elevations. Such plans and
diagrams shall be reviewed and approved by the Fire Chief
prior to the issuance by the Building Official of any
building permit.
3. Roofs of all structures with one hundred (100) to
two hundred (200) feet separation from any other structure
shall be of materials listed by Underwriters Laboratories,
Inc., as Class A, B or C - Prepared Roof Coverings. A
minimum separation of one hundred (100) feet shall be
maintained between the exterior walls of all structures so
constructed. The exterior walls of all such residential and
accessory structures shall be located no closer than fifty
(50) feet from property lines; provided, however, if
accessory buildings are constructed with noncombustible
exterior covering materials for walls and roof, they shall
be located no closer than fifty (50) feet from any other
structure on the .same lot, measured from the exterior walls
of the accessory building.
4. Structures of any approved type construction
materials may be permitted, provided such structures are
separated at least two hundred (200) feet from any other
structure, such distance to be measured from the exterior
walls. The exterior walls of all such residential and
accessory.structures shall be located no closer than one.
hundred fifty (150) feet from property lines, except where
9
such property lines are adjacent to streets or alleys, and
in'any event, no closer than fifty (50) feet.
5. All separations required in paragraph (g) shall be
maintained until such time as a sufficient water supply for
fire protection is on site, and approved by the Fire Chief.
6. All combustibles located outside of buildings,
including fencing, Palm trees, wood, weeds, brush, hay, and
similar improvements and materials, shall at all times be
kept clear of all buildings and structures at a distance of
one hundred (100) feet.
7. The fire chief may also approve plans and diagrams
required by paragraph 2., showing separations of structures
and required setbacks from property lines which vary from
the requirements set forth in paragraphs 3. and 4., if the
owner of the land adjoining the applicant's land has
executed and recorded in the office of the recorder of Kern
County, in accordance with all of the provisions of Section
1468 of the'California Civil Code, a written instrument
containing a covenant or covenants with the applicant to
refrain from constructing any building or structure on his
lot closer than a stated distance from his property line
adjoining that of the applicant. Thereupon, the applicant
may build in accordance with and up' to the setbacks
established for an R-1 Zone if the distance or distances
stated in such covenant would otherwise permit, in
accordance with and subject to the required separations
established in this section.
8. Building permits may be denied any applicant whose
construction on his own lot would prevent construction of
any residential dwelling or accessory structure by an
adjacent property owner due to inadequate separation of
structures.
In cases where these alternatives to sufficient water
supply are properly utilized and when maps pertaining
thereto are recorded, these requirements shall accompany and
be recorded contemporaneously therewith.
15.64.160 Section 10.402(b) added--Water supply.
Section 10.402(b), Water Supply, is added to the Uniform
Fire Code as follows:
1. It shall be the duty of any person, supplying
water to the City of Bakersfield and.its inhabitants through
hydrants located upon streets, alleys or public places
within the City of. Bakersfield, whenever by reason of
repairs or work, or from any cause the water is to be turned
10
off from such hydrants, to notify the Fire Chief of said
City when hydrants are placed out of service and again when
service is restored, and in case of an alarm of fire in the
City, it. shall be the duty of. such person, firm or
corporation to return to service all the mains, hydrants and
water supply necessary or available.
2. In case such person is engaged in work upon any
line or pipe necessitating the turning off of water, no such
line or pipe shall be left open or empty during the night,
or when work is not actually going on therein, and if any
line or. pipe be opened at the time of quitting work or when
water is required for fire suppression purposes given, the
mouth of such pipe shall be.capped and the water left in as
far as possible for %he use of the Fire Department. Any
person, having charge or control of any pipe or hydrants, in
doing or ordering work done in or upon the same who shall
violate any provision of this section shall be guilty of a
misdemeanor.
3. It shall be unlawful for any driver of any vehicle
to drive or cause to be driven over any hose while said hose
is being used by the Fire Department.
15.64.170 Section 79.902(c)(5) amended--Special enclosures.
Section 79.902(c)(5), Special Enclosures, of the Uniform
Fire Code is amended to read:
(c)(5) Tanks containing Class I, II or III-A liquids
shall not exceed two thousand (2,000) gallons individual or
four thousand (4,000) gallons aggregate.
15.64.180 Section 79.903(f)(1)(A) added--Supervision.
Section-79.903(f)(1)(A), Supervision, of the Uniform Fire
Code is added to read:
(f)(1)(A) Approved special dispensing devices such as,
but not limited to, remote preset types are permitted at
service stations provided that emergency controls are
installed and are operational at a location acceptable to
the Chief of the Fire Prevention Bureau, and except at
membership or account-only service stations the dispensing
of Class I liquids is under the obserVation and control of a
competent attendant at all times.
15.64.200 Section 79.903(2)(A) amended--Nozzles.
Section 79.903(2)(A), Nozzles, of the Uniform Fire Code is
amended to read:
11
(2)(A) The hose nozzle valve shall not be equipped
with an integral latch open device.
15.64.205 Section 79.903(j) amended--Special-type
dispensers.
Section 79.903(j) of the Uniform Fire Code is hereby amended
to read as follows:
(j) Special-type Dispensers. Approved special
dispensing systems, such as but not limited to remote preset
types (coin-operated dispensing systems are specifically
prohibited), are allowed at motor vehicle fuel-dispensing
stations, provided there is at least one qualified attendant
on duty while the station is open to the public, and:
15.64.210 Section 79.903(k) added--Self-service gasoline
stations.
Section 79.903(k), Self-service Gasoline Stations, is added
to the Uniform Fire Code as follows:
The general construction and operation of self-service
gas stations and the storage and handling of flammable or
combustible liquids at such location shall be in accordance
with the provisions of this section.
(a) Definitions.
1. SELF-SERVICE STATION shail mean and include any
gasoline filling station, public garage, and any other place
where flammable liquids are sold or dispensed to the public
by any manner or method other than by the personal service
and actual direct dispensing of Said liquids solely by the
owner or operator thereof, his agents or employees.
2. PERSON shall mean and include persons, firms,
partnerships, corporations, unincorporated associations, and
any combination of persons, by whatever name designated.
3. PERMITTEE shall mean the holder of a permit to
operate and maintain a self-service station granted pursuant
to the provisions of this chapter.
(b) Permit Required. No person shall operate or
maintain a self-service station in the City of Bakersfield
without first obtaining a permit to do so from the Chief of
the Fire Department. Applications for permits shall be made
on forms provided by the Chief of the Fire Department,_and
shall give the names of the operators of said Proposed self-
service station, the location thereof and such other
12
pertinent information regarding the facilities and manner of
operation of said station as may be required by the Chief of
the Fire Department. Any person now operating or
maintaining a self-service station shall obtain a permit,
and except as herein otherwise provided, shall comply with
all provisions of this chapter within thirty (30) days after
the effective date hereof.
(c) Revocation of Permit. The Chief of the Fire
Department shall revoke any permit issued under the terms of
this chapter when he finds either:
1. That said permit is being used by any person
other than the person to whom the permit was issued, his
agents or employees, or
2. That the conditions or limitations set forth
in said permit have been violated, or
3. That the violations of this chapter or of any
other ordinance of the City of Bakersfield or law of the
State of California regulating or pertaining to the
permittee's operations, set forth in any written notice
served upon the permittee by the Chief of the Fire
Department, have not been corrected within the'time required
by said notice, or
4. That the permit is being used on any premises
or at any'location other than that for which it was issued.
It is unlawful for any person to operate or
maintain a self-service station in the City of Bakersfield
after his permit has been revoked.
Upon receiving notification of permit revocation,
the holder of said permit shall return same immediately to
the chief of the fire department or shall turn said permit
over to any representative of the fire department who
demands it. Failure to comply constitutes a misdemeanor.
(d) Operating Regulations. The following regulations
shall apply to all self-service stations operated or
maintained in the City of Bakersfield:
1. A control room shall be provided and so
located that the operator has an unobstructed view of all
pumps and operations. At least one (1) of the two (2)
required doors to the control room shall be not less than
twenty-five (25) feet from the nearest pump and shall open
on a different side of .the control room from where any pump
13
is located. Pumps shall not be located on more than three
(3) sides of the control room. This section shall have no
application to a self-service station operated or maintained
as such on the effective date of this chapter, except that
any alterations or additions hereafter made to the station
shall conform to this section. ·
2. Telephone facilities, if and when available,
shall be provided on the premises of the station. TelePhone
facilities, if provided, and pump control switches shall be
located in the control room. The use of skates or other
artificial means of locomotion shall be prohibited.
3. No building shall be located within twenty-
five (25) feet of any pump unless such building be of Type
I, II or III construction as defined by the Uniform Building
Code, or any other building code hereafter adopted by the
City of Bakersfield. Every pump shall be not less than ten
(10) feet from any property line; provided that adjacent
streets or alleys may be considered as part of such ten (10)
feet; and further provided that the Chief of the Fire
Department, in his discretion, may allow deviations from
this latter requirement when and for such length of time as
he finds that such deviation will not seriously endanger
buildings and operations on adjoining Premises.
4. When portions of the station are closed to
the public for the delivery of gasoline, these portions
shall be so designated by adequate signs.
5. Not more than five (5) vehicles, within an
undivided area of not to exceed one thousand six hundred
(1,600) square feet, and serviced from not more than three
(3) adjacent islands in the area, shall be serviced by any
one (1) attendant at any one time. At the time any vehicle
is being serviced in the area, the attendant in charge of
the area shall be engaged in no activity other than
attending the vehicle or vehicles being serviced.
6. There shall be not less than one (1)
attendant, over the age of eighteen (18) years, on duty for
each six (6) pump islands, or fraction thereof, open to the
public. All such attendants shall be instructed in the use
of first aid and fire fighting appliances.
7. It shall be the duty of all attendants to
prevent persons from smoking within twenty-five (25) feet of
any pump or filling operations. Service shall be refused
and pumps shall be shut off when patrons do not follow
instructions, or are under.the influence of intoxicants.
14
8. Each pump shall be equipped with manually
operated shut-off switch or lever which can be operated both
at the pump or by remote control from the control room.
9. All filling nozzles shall be equipped with
automatic control valves and/or vacuum-operated overflow
check valves, or other valves or similar fixtures approved
by the Chief of the Fire Department, and shall not be
equipped with hold-open devices.
10. All pumps and/or facilities for delivery of
gasoline shall be locked, or other effective provisions
shall be made to prevent public access to supplies of
gasoline when the station operators, employees or authorized
representatives are absent. At no time shall coin-operated
self-service gasoline facilities be permitted.
11. There shall be installed and maintained in
good working order on the premises of each station such
portable hand fire extinguishers as may be directed by the
Chief of the Fire Department. The extinguishers shall be
located as directed by the Chief of the Fire Department.
12. "NO SMOKING" and "STOP YOUR MOTOR" signs,
with red letters not less than four (4) inches in height on
white background, shall be placed at each pump island in
unobstructed and clear view from both sides of the island.
13. No open flame devices shall be located or
permitted within twenty-five (25) feet of any pump.
14. No combustible materials, except materials
for cleaning glass, shall be stored or displayed within
twenty-five (25) feet of any pump.
15. No oily or greasy mops, brooms, towels or
rags shall be stored within twenty-five (25) feet of any
pump.
16. Class I and II flammable liquids shall be
dispensed only into tanks of motor vehicles or into metal
Containers constructed and intended for this purpose. The
use of glass or other fragile containers for such liquids is
prohibited.
15.64.220 Reserved.
15.64.230 Reserved.
15.64.240 Section 11.201 amended--Bonfires and outdoor
rubbish fires.
15
Section 11.201, Bonfires and Outdoor Rubbish Fires, of the
Uniform Fire Code is amended to read:
(a) It shall be unlawful for any person to build,
light, maintain, or cause or permit to be built, lighted, or
maintained any open or outdoor fire; use or cause or permit
to be used any fire for cleaning land; burn or cause or
permit to be burned any brush, trash, rubbish, stubble or
other flammable or combustible material.
(b) The above prohibition does not apply to:
1. Hospitals
2. Veterinarian hospitals
3. Mortuaries
4. Crematoriums
5~ Barbecue pits and fireplaces as long as such
are not used for the disposal of rubbish.
(c) Excepting for barbecue pits and fireplaces, none
of the above exceptions shall be applicable unless such
burning, is done in a multiple-chamber incinerator approved
by the Air Pollution Control District.
(d)' The Chief may prohibit any and all fires when
atmospheric conditions or local circumstances make such
fires hazardous.
(e) The prohibition against burning specified above
does not apply if such burning is in accordance with Rule
402 of Regulation IV of the Rules and Regulations of the Air
Pollution Control District of Kern County, wherein the Chief
of the Fire Department of the City of Bakersfield shall have
the authority to issue permits for the burning operations
listed under Rule 402.
15.64.250 Reserved.
15.64.260 Section 11.203(d) added--Hours of burning.
.Section 11.203(d), Hours of Burning, of the Uniform Fire
Code is amended by adding the following:
Ail such burning is done in accordance with Air
Pollution Control Regulations and the regulations of the
Bakersfield Fire Department.
16
15.64.270 Section 11.303(g) added--Accumulation of waste
material.
Section 11.303(g), Accumulation of Waste Material, of the
Uniform Fire Code is amended by adding paragraph (g) as follows:
(g) In all cases where there are gratings or slotted
openings in the sidewalk, or over any opening leading.into
the basement of a building, a wire netting of not over one-
half inch (1/2") mesh shall be placed beneath such grating
or slats~so as to prevent rubbish from falling through.
15.64.280 Section 11.302(a) amended--Rubbish within and
adjacent to buildings and structures.
Section 11.302(a), Rubbish Within and Adjacent to Buildings
and Structures, of the Uniform Fire Code is amended to read:
Combustible rubbish kept or accumulated within or
adjacent to buildings or structures shall be stored in
approved containers or in rooms or vaults constructed of
non-combustible materials. Oily rags and similar materials
shall be stored in metal, metal-lined or other approved
containers equipped with tight-fitting covers. Combustible
rubbish shall be removed from buildings at the close of each
working day.
15.64.290 Section 11.304 amended--Parade floats.
seCtion 11.304, Parade Floats, of the Uniform Fire Code is
amended to read as follows:
(a) Ail decorative materials used on or about parade
floats shall be flameproof or noncombustible.
(b) All electric wiring shall be of an approved type
and shall be inspected by the City Electrical Inspector'for
approval of installation prior to being obscured by
decorative materials.
· (c) Power generators shall not be located in close
proximity to combustible structural members'of the float and
shall be exhausted in a safe and approved manner.
(d) Gasoline, excepting that quantity contained in.the
fuel tank of the power generator, shall not be allowed on
any float.
(e) A fire extinguisher with a minimum rating of 2A-
10BC shall be provided for and at an accessible location on
each'float.
17
15.64.300 Section 11.405 amended--Use of open flame or light
restricted.
Section 11.405, Use of Open Flame or Light Restricted, of
the Uniform Fire Code is amended by adding paragraph (c) as
follows:
(c) Ail arc lights or incandescent lights in show
windows shall be covered with globes or reflectors. No
goods of any kind or description shall be displayed, placed,
hung or suspended within six (6) inches of any such globe or
reflectors used as covering for any arc light or
.incandescent light in show windows.
15.64.310 Section 11.604 added--Streets, alleys and occupied
property.
Section 11.604, Streets, Alleys and Occupied Property, is
added to the Uniform Fire Code as follows:
Owners and/or occupants of property in the City of
Bakersfield shall maintain such property free of conditions
likely to cause or propagate fire; extent of responsibility
shall include the areas between property lines of the
property and to the centerlines of adjacent alleys,
easements and streets.
15.64.320 Section 10.204(g) added--Security, private street
and vehicle access gates.
Section 10.204(g), Security, Private Street and Vehicle
Access Gates, is added to the Uniform Fire Code as follows:
The following regulations and specifications shall
apply to Security, Private Street and Vehicle Access Gates:
1. Sliding or swinging gates shall provide a minimum
horizontal clearance of 15'-0" and a minimum vertical
clearance of 14'-0" when gate is at the full open position.
Horizontal distance shall be measured perpendicular to the
direction of travel on the driveway. Vertical distance
shall be measured from the highest elevation of the driveway
to the lowest overhead obstruction.
2. A firebox enclosure with an override switch to
open the gate shall be installed at each gate control box
location. The firebox shall be installed on the gate
control pedestal or on the gate control box. The firebox
shall be a N.E.M.A. type .3R raintight cabinet with a
standard key lock. Standard key lock shall be approved by
the City of Bakersfield. Fire Department prior to
18
installation. The override switch shall be mounted on a
deadfront switchboard.
3. All electrical equipment for use in a firebox
shall conform to Section 86-1.02, "Regulations and Code," of
the standard specifications, State of California, Business
and Transportation Agency, Department of
Transportation, current edition.
4. The gate operating device shall have a disconnect
feature for manual operation of the gate when the power
fails.
5. A minimum driveway length to the gate from thei
flow line of the public street shall be fifty (50) feet for
developments of twenty (20) units or less. For each
increment of twenty (20) units thereafter, an additional
twenty (20) feet of storage length for waiting vehicles
shall be added to the driveway length.
15.64.330 Section 10.507(c) amended--Group A occupancies.
Section 10.507(c), Group A Occupancies, is hereby amended to
adopt the modifications as set forth in Bakersfield Municipal
Code section 15.12.200.
15.64.340 Section 80.104, amended--Release of hazardous
materials.
Section 80.104, Release of Hazardous Materials, of the
Uniform Fire Code is amended by adding paragraph (a) to read as
follows:
Hazardous materials shall be stored in such a manner as
to prevent spills or accidental releases. Ail containers
shall be closed.when not in use and good housekeeping
maintained in the area of storage and use.
15.64.342 Reserved.
15.64.345 Section 80.301(d) amended--Signage.
Section 80.301(d) of the Uniform Fire Code is amended to
read:
(d) Signage. In addition to the hazardous
identification signs required by section 80.107, stationary
above-ground tanks shall be placarded with hazard
identification signs as Specified in Uniform Fire Code
Standard No. 79-3 or with other labels or signs approved by
the chief, for the specific material contained. Signs
prohibiting smoking shall be provided in storage areas and
19
within 25 feet of Outdoor storage areas. Signs shall not be
obscured or removed. Signs shall be in English as a primary
language or in symbols allowed by this code. Signs shall be
durable. The size, color and lettering shall be in
conformance with nationally recognized standards.
15.64.347 Article 82, Table No. 82.1040-A amended.
Article 82, Table No. 82.104-A is amended to read as
follows:
The "5" in the third column (aboveground container)
that is in the first row (less than 125) is changed to a
"10" .
III. Duties and Organization of the Fire Safety Control
Division
15.64.350 Duty to enforce code--Operational authority.
The Uniform Fire Code shall be enforced by the fire agency
with jurisdictional responsibility for the area as defined in the
Memorandum o~ Understanding between the City of Bakersfield and
the County of Kern, Agreement No. 85-215. Such enforcement shall
be under the supervision of the Chief of the Fire Department
within such jurisdictional responsibility who shall detail or
direct members .of that agency's fire department in the
enforcement of the Uniform Fire Code.
15.64.360 Fire Safety Control Division
A. The Chief of the Fire Department shall appoint any
member of the fire department as the head of the fire safety
control division who shall, be known as the Fire Marshal.
B. The chief may detail such other 'members of the fire
department as inspectors as shall, from time to time, be
necessary and may recommend to the city manager the employment of
technical inspectors who shall be selected through examination to
determine their fitness for the position.
C. The examination Shall be open to members and nonmembers
of the fire department, consistent with provisions of the City
Charter and fire department civil service rules and regulations.
D.. The Fire Safety Control Division shall have the prime
responsibility to enforce the provisions of the Uniform Fire
Code.
20
15.64.370 Arson investigation.
The enforcement of arson laws and investigations pursuant
thereto shall be the responsibility of the Fire Safety Control
Division under the direction and supervision of the Chief of the
Fire Department.
15.64.380 Assuming duties of peace officers.
Members of the fire department assigned to the Fire Safety
Control Division and the Fire Marshal are peace officers when
enforcing laws relating to fire prevention and fire suppression
and when engaged in fire and arson investigation, detection and
apprehension of persons who have violated or who are suspected of
having violated any fire law or the Penal Code.
15.64.390 Carrying firearms.
Members of the fire department assigned to the Fire Safety
Control Division and the Fire Marshal are authorized to carry a
loaded firearm on their person when acting as peace officers as
defined in Section 15.64.380, upon the written approval of the
Fire Marshal.
IV. Fire Zones
15.64.400 'Establishment of fire zones.
Fire zones as described in this chapter designate areas
within the city in which the storage of flammable, combustible,
explosive liquids, solid or gaseous substances, special
dispensing devices, are prohibited. Storage facilities for such
substances constructed prior to the enactment of this code may
remain in such zones provided their construction and maintenance
are in substantial compliance with the provisions of this code.
A. Fire Zone No. 1 Described. Ail that territory included
within the following described exterior boundaries shall be and
is designated as Fire Zone No. 1:
Parcel 1: Beginning at the N.E. corner of 15th and I
Street; thence north along the east line of I Street to the
north line of 16th Street, thence west along the north line
of 16th Street to the east line of H Street; thence north'
along the east line of H Street to the north line of 17th
Street; thence west along the north line of 17th Street to
the east line of F Street; thence north along the east line
of F Street to the south line of 21st Street; thence east
along the sduth line of 21st Street to the east line of G
Street; thence north along the east line of G Street to the
south line of 22nd Street; thence east along the south line
of 22nd Street to the east line of H Street; thence north
21
along the east line of H Street to the south line of 23rd
Street; thence east along the south line of 23rd Street to
the east line of the alley extending north and south between
Chester Avenue and I Street; thence north along the east
line of aforesaid alley to the southwesterly line of Golden
State Avenue; thence southeasterly along the southwesterly
line of Golden State Avenue to the west line of the alley
extending north and south between Chester Avenue and K
Street; thence south along the west line of last aforesaid
alley to the south line of 23rd Street; thence east along
the south line of 23rd Street to the west line of L Street;
thence south along the west line of L Street to the south
line of 22nd Street; thence east along the south line of
22nd Street to the west line of N Street; thence south along
the west line of N Street to the south line of 20th Street;
thence east along the south line of 20th Street to the west
line of R Street; thence south along the west line of R
Street to the north line of the alley extending east and
west between 17th and 18th Street; thence west along the
north line of last aforesaid alley to the west line of L
Street; thence south along the west line of L Street to the
north line of 15th Street; thence west along the north line
of 15th Street to the point of beginning.
Parcel II: Beginning at the N.E. corner of East 19th
and Kern Street; thence northerly along the easterly line of
Kern Street to the southerly line of Jackson Street; thence
easterly along the southerly line of Jackson Street to a
point midway between the easterly line of Kern Street and
the westerly line of Baker Street; thence northerly along a
line parallel with and midway between the aforesaid easterly
line of Kern Street and the westerly line of Baker Street to
the southerly line of Niles Street; thence easterly along
the southerly line of Niles Street to a point midway between
the easterly line of Baker Street and the westerly line of
King Street; thence southerly along a line parallel with and
midway between the aforesaid easterly line of Baker Street
and the westerly line of King Street to the southerly line
of Jackson Street; thence easterly along the southerly line
of Jackson Street to the westerly line of King Street;
thence southerly along the westerly line of King Street to
the northerly line of East 19th Street; thence westerly
along the northerly line of East 19th Street to the point of
beginning.
B. Fire Zone No. 2 Described. All that territory included
within the following described exterior boundaries, excepting
that territory designated as Fire Zone Number 1 by the provisions
of subsection A of Section 15.64.400, shall be and is designated
as Fire Zone Number 2:
22
Beginning at the N.W. corner of Chester Avenue and 8th
Street; thence west along the north line of 8th Street to
the east line of the alley extending n~rth and south'between
'Chester Avenue and I Street; thence north along the east
line of said alley and along its prolongation northerly to
the north line of 14th Street; thence west along the north
line of 14th Street to the east line of H Street; thence
north along the east line of H Street to the north line of
Truxtun Avenue; thence west along the north line of Truxtun
Avenue to the east line.of G Street; thence north along the
east line of G Street to the north line of 17th Street;
thence west along the north line of 17th Street to the east
line of F Street; thence north along the east line of F
Street to the north line of 18th Street; thence west along
the north line of 18th Street to the east line of D Street;
thence north along the east line of D Street to the south
line of 19th Street; thence east along the ~south line of
19th Street to the east side of E Street; thence north along
the east line of E Street to the south line of 20th Street;
thence east along the south line of 20th Street to,the east
line of~the alley extending north and south between E Street
and F Street; thence north along the east line of aforesaid
alley to the south line of 30th Street; thence east along
the south line of 30th Street to the east line of I Street;
thence north along the east line of I Street to the
southwesterly line of Golden State Avenue; thence
southeasterly along the southwesterly line of Golden State
Avenue to the south line of 30th Street; thence east along
the south line of 30th Street to the west line of K Street;
thence south along the west line of K Street to the south
line of 23rd Street; thence east along the south line of
23rd Street to the west line of N. Street; thence south along
the west line of N Street to the south line of 22nd Street;
thence east along the south line of 22nd Street to the west
line of R Street; thence south along the west line of R
Street to the south line of 19th Street; thence east along
the south line of 19th Street to a point 500 feet west of
the west line of V Street; thence north along a~line 500
feet west of and parallel with the west line of V Street to
the prolongation westerly of the south line of the alley
~extending easterly and westerly between 19th and 20th
Street; thence east along said prolongation westerly of and
along the south line of last described alley and along its
prolongation easterly to the east line of Union Avenue;
thence north along the east line of Union Avenue to the
southerly line of Grove Street;thence easterly along the
southerly line of Grove Street to a point midway between the
easterly line of Sacramento Street and the westerly line of
Sonora Street; thence northerly along a line parallel with
and midway between the aforesaid easterly line of Sacramento
Street and the westerly line of Sonora Street to the
southerly line of the alley extending easterly and westerly
23
between Grove and East 19th Streets on the south and East
21st Street on the north; thence easterly along the
southerly line of last described alley to the easterly line
of Tulare Street; thence northerly along the easterly line
of.Tulare Street to the southerly line of Kentucky Street;
thence easterly ·along the southerly line of Kentucky to the
easterly line of Kern Street; thence northerly along the
easterly line of Kern Street to the southerly line of Niles·
Street; thence easterly along the southerly line of Niles
Street to the prolongation southerly of the easterly line of
the alley extending northerly and southerly between Kern
Street and Baker Street; thence northerly along said
prolongation southerly of and along said easterly line of
last described alley to the southerly line of Flower Street;
thence easterly along the southerly line of Flower Street to
the westerly line of the alley extending northerly and
southerly between Baker Street and King Street; thence
southerly along the westerly line of last described alley
and along the southerly prolongation thereof to the
southerly line of Niles Street; thence easterly along the
southerly line of Niles S. treet to the westerly line of King
Street; thence southerly along the westerly line of King
Street to the southerly line of Sumner Street; thence
easterly along the southerly line of Sumner Street to the
westerly line of Beale Avenue·; thence southerly along the
westerly line of Beale Avenue to the northerly line of East
19th Street; thence westerly along the northerly line of
East 19th Street to the westerly line of King Street; thence
southerly along the westerly line of King Street to the
northerly line East 18th Street; thence westerly·along the
northerly line of East 18th Street to the westerly line of
Baker Street; thence southerly along the westerly tine of
Baker Street to the northerly line of East Truxtun Avenue;
thence westerly along the northerly line of East Truxtun
Avenue to the easterly line of Kern Street; thence northerly
along the easterly line of Kern Street to the prolongation
easterl~ of the northerly line of the alley extending
easterly and westerly between Eureka Street and East 18th
Street; thence westerly along said prolongation easterly of
and along the northerly line of last described alley to the
westerly line of Sonora Street; thence southerly along the
westerly line of Sonora Street to the northerly line of
Eureka Street; thence westerly along the northerly line of
Eureka Street to the east line of Union Avenue; thence north
along the east line of Union Avenue to the prolongation
easterly of. the north line of the alley extending east and
west between 17th and 18th Streets; thence west along the
said prolongation easterly of and along the north line of
last described alley to the west line of R Street; thence
southerly along the west line of R Street to the north line
of 17th Street; thence west along the north line of 17th
Street to the west line of M Street; thence south along the
24
west line of M Street to the north line of 15th Street;
thence west along the north line of 15th Street to the west
line of L Street; thence south along the west line of L
Street to the north line of 14th Street; thence west along
the north line of 14th Street to the prolongation northerly
of the west line of the alley extending north and south
between Chester Avenue and K Street; thence south along said
prolongation northerly of and along the west line of last
described alley to the north line of 8th Street; thence west
along the north line of 8th Street to the point of
~beginning.
C. Fire Zone No. 3 Designated. All territory now or
hereafter included within the corporate limits of the city,
excepting that territory designated as Fire Zone Number 1 and
Fire Zone Number 2 by the provisions of Section 15.64.400
subsections A and B hereof, shall be and is designated as Fire
Zone Number 3.
D. References in Other Ordinances. Whenever in any
ordinance heretofore or hereafter adopted by the city reference
is made to fire zones, fire limits, fire districts, fire limits
districts or other similar designation, it means the fire zones
created by this chapter.
15.64.410 Section 79.502(a) added--Above-ground storage of
flammable or combustible liquids.
A. The limits of the district referred to in which storage
of flammable or combustible liquids in outside, above-ground
tanks is prohibited are established.as follows; Fire Zones 1 and
2 and the closely-built c6mmercial and residential areas of Fire
Zone 3 as said zones are defined in Chapter 15.6'4, Section
15.64.400 subsections A, B and C of this code.
Exception: Fire-Zones 1 and 2, above-ground tanks installed
in special enclosures for dispensing of Class I, II or III-A
liquids shall include the following:
1. Above-ground tanks containing Class I, II or III-A
liquids shall not exceed a capacity of 2,000 gallons individual
or 4,000 gallons aggregate.
~ 2. A tank vault shall completely enclose the tank..
3. The tank vault shall be constructed of reinforced
concrete at least six inches thick (equal to a two-hour wall).
4. The tank vault shall be liquid tight.
25
5. All vaulted tanks/tank vaults shall have an
enclosed space between the tank and the tank vault which will be
called secondary containment.
6. The only openings permitted in the tank vault
shall be for inspection, filling, dispensing, venting, emergency
venting, and they shall be installed through the top only. Anti-
siphon devices shall be installed on discharge lines.
7. Tank connections shall be so piped or closed that
neither vapors or liquid can escape into the enclosed space
between the tank and the tank vault (the secondary containment
area).
8. Means shall be provided to ventilate each' vault to
dilute, disperse and remove vapors.
9. Means shall be provided to recover liquids from
the secondary .containment area. If a pump is used to meet this
requirement, the pump shall be of an approved type, and not
permanently installed in the secondary containment area.
10. Tanks must be UL Listed for above-ground use.
11. Emergency venting is required as per Uniform Fire
Code.
12. Vent pipe provided for normal tank venting shall
terminate at least twelve feet above ground level.
13. Permits shall be required from the Building
Department for all reinforced concrete such as pad, sides, ends
and top.
14. Permits shall be required from the Building
Department for all electrical work.
15. The tank vault shall be protected against
accidental dislodgement by the use of crash posts which are a
minimum of six inches in diameter, six feet long, two feet of
which shall.be below grade and encased in concrete. Encasement
in concrete shall be minimum of twelve inches wide. Bottom of
posts, suspended in concrete minimum of three inches from bottom.
The crash posts shall be set four feet on center and three feet
from the vault.
16. The tank vault shall be protected against
dislodgement during seismic activity as per the Building Code.
17. The tank vault shall be at least twentyTfive feet
from any opening in a building, any property line or any street,
alley or public way; one hundred feet from I, R-I and R-3
26
occupancies; and one hundred fifty feet from all A and E
occupancies (see Uniform Building Code).
18. Vaults shall have warning and identification signs
installed to clearly identify hazards.
19. Vapor recovery methods must be approved by air
pollution laws.
20. All vaulted tanks shall be inspected for vapor
and/or liquid leaks every six months. Records of the inspections
shall be kept on the premises and signed by a responsible party.
21. Vaults shall have the capability of being
physically monitored.
22. Dispensing nozzles with auto shut-off are
required.
23. No hold-open devices are allowed with Class I
flammable liquids.
24. Maximum life of above ground tanks: Twenty-five
years.
15.64.420 Prohibition of bulk storage of liquefied petroleum
gases.
The limits of the zone referred to in which bulk storage of
liquefied petroleum gas is restricted are described to be: Fire
Zones 1 and 2 and the closely built commercial'and residential
areas of Fire Zone 3 as said zones are defined in Chapter 15.64,
Section 15.64.400, subsections A, B and C of this code.
15.64.430 Prohibition of storage of explosives and blasting
agents.
The limits of the zone referred to in which storage of
explosives and blasting agents is prohibited are established as
follows: Fire Zones l~and 2 and the closely built commercial and
residential areas of Fire Zone 3 as said zones are defined in
Chapter 15.64, Section 15.64.400 subsections A, B and C of this
code. This prohibition shall not include the storage of
allowable quantities of gunpowder.
27
V. Appeals from the Uniform Fire Code
15.64.440 Board of appeals--Created.
A. The board of building and housing appeals of the city
as created by subsection A of Section 15.04.120 is designated as
the board of appeals referred to in the Uniform Fire Code.
B. When meeting in this capacity, the chief of the fire
department shall sit as a nonvoting member.of the board ex
officio and shall act as secretary of the board.
15.64.450 Board of appeals--Duties.
. A. The board shall resolve all questions relating to
alternative methods, techniques, or materials arising under this
title and shall determine reasonable interpretations of the
provisions-of the Uniform Fire Code.
B. The board shall hear the appeal of any person aggrieved
by action of the fire department in refusing or revoking a permit
required under this code.
C. The board shall adopt reasonable rules and regulations,
consistent with the purpose of this code, for conducting its
hearings and investigations; it shall render written findings and
decisions signed by its chairman and secretary and serve a copy
on the appellant~
15.64.460 Procedures.
A. Whenever the Chief of the Fire Department or a member
of the Fire Safety Control Division disapproves an application or
refuses to grant a permit applied for; or when it is claimed by
an affected.party that the provisions of the code do not apply or
that the true intent and meaning of the code have been
misconstrued or wrongly interDreted'or that a permit has been
wrongfully revoked, the affected party may appeal from the
decision of the chief or member of the Fire Safety Control
Division to the board of appeals.
B. Within thirty days of the date of the decision the
affected party shall request in writing a hearing, before the
board of appeals stating therein his name, address and telephone
number, the nature of the decision being appealed and the date it
was rendered.
C. Upon receipt of such request the board of appeals shall
set a date for public hearing at its earliest convenience,
notifying the affect party by certified letter to the address
noted in the request.
28
D. At the hearing the board of appeals must hear all
relevant evidence presented by the affected party and the fire
department. From such evidence the board shall make findings of
fact and render therefrom a final conclusive decision as to the
matters submitted.
E. Within ten days of the conclusion of the hearing
written findings and decision of the board of appeals shall be
mailed to the affected party.
F. During the appeal process, the decision of the Fire
Chief or member of the Fire Safety Control Division remains in
full force and effect pending reversal or modification by the
Board of Appeals.
VI. Violation--Penalty
15.64.470 What constitutes violation.
A. Any person, firm or corporation who violates, causes,
permits or allows the violation of any of the provisions of this
code or violates or fails to comply with any order made
thereunder, or who builds in violation of any detailed statement
or plans submitted and approved thereunder, or any certificate or
permit issued thereunder and from which no appeal has been taken
or who fails to comply with such an order as affirmed or modified
by the.board of appeals shall be guilty of a misdemeanor. Such
person is guilty of a separate offense for each day or portion
thereof he permits, causes or allows a violation to continue.
.B. Any structure,'installation, business or event that is
undertaken or permitted to continue in violation of'any provision
of the Uniform Fire Code is a public nuisance and may be abated
by the chief of the fire department in-accordance with the law.
15.64.480 Violation--Penalty.
Any person, firm or corporation convicted of violating.any.
of the provisions of this code, or for failing to comply with any
notice or order given pursuant.to this chapter, shall be
punishable by a fine of not more than five hundred dollars or by
imprisonment in the county jail for a period of not more than six
months, or by both such fine and imprisonment.
I- o0o
I HEREBY CERTIFY that the foregoing Ordinance was
passed and'adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on by the
following vote: '
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
CLARENCE E. M~nDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
MGA:gp
0~fANCE\FIRECODE. AMD
8/31/92
30
SEP 0 1 19op
BAKERSFIELD
CITY OF BAKERSFIELD
PLANNING DEPARTMENT
MEMORANDUM
August 28, 1992
FROM: ALAN TANDY, CITY MANAGER ~ /
SUBJECT: RIVERLAKES RANCH-LIMITED PARTNER~-II~, DEBT OBLIGATION
It is my opinion, and I believe that opinion is shared by the Planning and Legal
Departments, that the sequence of events gone through by Riverlakes Ranch is an
attempt to evade a legitimate debt it owes to the City of Bakersfield. Since
July 15, they have appealed the debt. The City Council referred it to the Urban
Development Committee. The Urban Development Committee authorized and instructed
· staff to send a letter to Riverlakes Ranch outlining terms and conditions that
would be acceptable to the City of Bakersfield.
Riverlakes Ranch then called me to indicate that they would not accept the
compromise proposal and would comply with the terms' of their original debt
obligation and pay the $200,000. That same afternoon, they called the Chairman
of the Urban Development Committee and, subsequent to that conversation, sent a
letter indicating that they were not doing what they told me on the phone that
morning and that, in fact, they wanted to meet again with the Urban Development
Committee on September 10.
I believe the City of Bakersfield has been treated inappropriately by this firm.
I'believe that everyday which passes without action being taken to collect, the
debt is exposing the City to financial loss and public embarrassment. I am not
Sure exactly what is taking place, it may be a Chapter 11 bankruptcy, it may be
pending sale, but, whatever it is, they are evading and attempting to play one
City official off against another in an attempt to avoid payment of their debt
obligations. Because of the undsual sequence of events of a Council referral to
a Committee, followed by non-compliance to the Committee's recommendations, I
feel .somewhat ill-at-ease simply proceeding with administrative actions to
collect the debt. I, therefore, request the permission of the Urban Development
Committee to comply with its decision of August 18, and to authorize the attached
letter to be sent to the company on behalf of the City of'Bakersfield.
Again, I believe that if we do not take this action, a financial loss and/or
public embarrassment, and possible exposure to criticism from other elements of
the development community, are the potential consequences of inaction.
If I felt that.the firm was being forth right with us, I ~ould not write this
letter; I would s!mply, instead, wait for September 10. Their actions in
objecting to' the security requirement, which was a component, of the AuguSt 18
URBAN DEVELOPMENT COMMI1-FEE
August 28, 1992
Page -2-
Urban Development Committee 'decision, indicates to me there is something unusual
transpiring with the firm which needs to be dealt with immediately.
Thank you.
AT.alb
Attachment
cc: Honorable Mayor and City Council
City Attorney
Planning Director
B A K E R S F I E L D ,.
~ 1990
DRAFT
August 28, 1992
Mr. Frank Lopez
General Manager/Chief Financial Officer
Riverlakes Ranch, Limited Partnership
8900 Rosedale Highway
Bakersfield, CA 93312
Re: Riverlakes Transportation Fees '
Dear Mr. Lopez:
Since we have been unable to reach an agreement on the above-referenced matter, and
in particular since you are unwilling to supply adequate security, this letter will serve as
notice that you are to comply with the original terms of your development agreement.
In particular, you must deliver to the City of Bakersfield, the sum of $200,000 by
September 4, 1992, at 5:00 p.m. In the event you fail to do so, this letter will serve to
inform you that-you are in breach of ~/our development agreement and that all future
transportation fees will be paid at the then-existing rate.
Sincerely,
Alan Tandy
City Manager
AT. alb
City of Bakersfield * City Manager's Office. * 150.1 Truxtun Avenue
Bakersfield * California * 93301
(805) 326-3751' * Fax (805) 325-9162
RIVERLAKES
Au~st 20, 1992
Mr. Alan Tandy
City Manager
City of Bakersfield
1501 Truxtun Avenue CITY MANAGER'S OFFIC£
Bakersfield. CA 93301
Dear Mr. Tandy:
In regard to your letter of August 18, 1992 (copy attached), we have reviewed your proposed
modifications to our Development Agreement. We find that we can agree with Items #1-3 of
your letter: however. Item #4 is not acceptable to Riverlakes Ranch and was not discussed in the
meeting with the Urban Development Committee.
Riverlakes Ranch would like to modify the A~eement as defined in Items #1, 2 and 3.
Subsequent to our conversation, I discussed the matter with Mr. Ken Peterson, Chairman of the
Urban Development Committee, and he suggested that this letter be sent to your attention so that
the Urban Development Committee can further discuss Item #4 in their meeting of September
10. 1992.
Accordingly, Items #1, 2 and 3 are acceptable. We will be awaiting the results of the
September 10th meeting ia regards to Item #4.
If your have any questions, please do not hesitate to contact me.
Sincerely,
RIVERLAKES RANCH, LIMITED PARTNERSHIP
Frank Lopez
General Manager
Chief Financial Officer
FL/bcm
,Enclosure
cc: Yasuo Awatsu
Ken Peterson
CITY OF BP~<ERSFIELD 882.
B A I~ E R S F I ]~ L D
1880
Augu st 18, 1992
VIA FAX
Mr. F~'ank Lopez
Goner·J: Manager/Chief Financial Officer
Riveriake$ Ranct~, Limited Partnersl~ip
1~900 JRosedale Higl~way
Bakersfield, CA 93312
Dear IMf. Lop·z:
The ~rban Development CommlEee ot tlqe Oaxerstleicl City Council met with you on
August 17, 1992, to cllscuss tlqe moclifica[ion of your cievelopment agreement.' Please
De aclvlsecl, ·tier taXing un·er consicler~on your~presentation, Iarn authorized tn offer
you tlqe following moclification to the existing ag~ement. Please note that the Urban
Development Committee is willing to offer tiqls mocliflcation to the full
City
Council.
I 1. Riverlakes Will pay immediately the sum of $58,950, representing the
, current transportation impact fee for~ 50 units ($1,179 per unit). This
amount can t3e credited against the first 50 units developed. However,
it cannot be credit·el agaJnst any of your other fees due uncler t~ls
agreement.
2. For any units clevelopecl beyoncl the first 50 units ciuring this fisce. I year
·holing June 30, 1993, Riverlakes slqall pay a transportation impact fee of
$1,179 per unit, wl3icrt amount can be credit·el to your payment due on
July 15, 18@7..
J 3. Rivedake$ will make the following paYments:
July 15, 1993 . $200,000
July 15, 1994 - $200,000
July 15, 1995 - $200,000
July 15, 1996 - $200,000
July 15, 1997 - $200,000
4. Riverlai(es will give ;he City an Irrevocable letter of credit from a California
bank to guarantee the performance of this agreement.
City of Bakersfield · City Manager's OffiCe · 1501 Truxtun Avenue
Bakersfield · California i· 93301
Mr. F~nk
Rivert~kes Ranct~
Augu~ 18, 1892
Page 1-2-
Because of tl3e time consm~nts, it is necessary that we have an answer by Thursaay,
August 20, 1992. It you accept Me terms, it is stIIlisubJe~ to the ~prowJ of the
C;t'y Council. Please contac[ me with your answer by that date.
Very.~uly yours,