HomeMy WebLinkAbout07/12/1993 B-A K E R S F. I E L D
Randy Rowles, Chair
· Kevin McDermott
Patricia M. Smith (absent)
Staff: Jack Hardisty
AGENDA
URBAN DEVELOPMENT.COMMITTEE
Monday, July 12, 1993
12:00 Noon
City Manager's Conference Room
1. Separation of Grade (Ed $chulz)
Greater Bakersfield Separation of Grade District Members
2. URM Ordinance. (Jack Hardisty and Dennis Fidler)
3. Median in Calioway (Ed $chulz)
4. Vehicular Food Vendors Update (Bill Descary)
5. South Beltway Update (Ed Schulz)
6. Proposed Ordinance - Reapplication for Conditional Use Permits
NOTICE OF SPECIAL MEETING
OF ~THE
URBAN DEVELOPMENT COMMIT'FEE
OF THE COUNCIL
OF THE CITY OF BAKERSFIELD
NOTICE IS HEREBY GIVEN that the Urban Development Committee of
the City Council will hold a Special Meeting for the purpose of a Committee Meeting on
Monday, July 12, 1993, at 12:00 noon, in the City Manager's Conference Room
on the second floor of City Hall, 1501 Truxtun Avenue, Bakersfield, California, to consider:
1. Separation of Grade (Ed Schulz)
Greater Bakersfield Separation of Grade District Members
2. URM Ordinance (Jack Hardisty and Dennis Fidler)
3. Median in Calloway (Ed Schulz) '
4. Vehicular Food Vendors Update (Bill Descary)
5. South Beltway Update (Ed Schulz)
6. . Proposed Ordinance - Reapplication for Condi~l Use Permits
Alan Tandy, City 1~I
...... FILE COPY
· , Ron, ld F. R. ettge,. Civil g,,g;.eer
1801 21st STREET, SUITE 4
BAKERSFIELD, CALIFORNIA 93301
(805) 327-1969
FAX (805) 327-1993
June 14, 1993
Alan Tandy
City Manager '
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
REF: Separation of Grades Projects/City of Bakersfield
Dear Mr. Tandy:
For some years 'now the Greater Bakersfield Separation of Grade District (the
"District") has been working closely with the City of Bakersfield and the County
of Kern in developing and constructing separations of grade in the Bakersfield
urban area. The primary funding source has been the State of California Grade
Separation Program and projects in the last 12 to 14 years have included:
· Chester' Avenue at Southern Pacific Railroad
· Tmxtun Extension at Santa Fe Railroad
· Union Avenue at Southern Pacific Railroad
· H Street at Santa Fe Raikoad
· Fairfax Road at Southem Pacific Railroad
· Oswell Street at Southem Pacific Railroad (Funding is
obligated/Construction to begin in 1994)
· Coffee Road at Santa Fe Railroad (State Funding approved and Joint
Agencies Agreement.. between City and District pending before City
Council) :'
June 14, 1993
A. Tandy
Page'-2-
In accordance with the State Grade Separation Program and Streets and Highways
Code §2452 the California Public Utilities Commission by decision 93-06-021,
dated June 3, 1993, has established the 1993-1994 Grade Separation Priority List
for projects in the State of California. A copy of this profity listing is attached.
As a result of nominations filed by the District on behalf of the City four projects
are shown thereon. One of the projects is Coffee Road at the Santa Fe Railroad
and is expected to be funded from the 1992-1993 program. Two of the projects
involve the same separation, i.e. Q Street at the Southern Pacific Railroad with
different street closure scenarios. The fourth project is Q Street at the Santa Fe
Railroad.
Further, nominations to the California Grade Separation program for fiscal years
1993-1994 and 1994-1995 are due by September 1, 1993.
The District's Commission has asked me to' arrange a meeting between yourself,
an appropriate Council committee and a committee of the District's Commission
to discuss furore grade separation programs in urban Bakersfield. Our Preferred
meeting dates would include June 15, 16, 24, 25, 28, 29, 30, July 1, 2, 1993.
Please contact me directly for scheduling purposes.
Very truly yours,
Ronald F. Ruettgers
Engineer to the Greater Bakersfield
Separation of Grade District
RFR/Icn
cc: E.W. Schulz
J. R. Parker, Jr.
Tandy let~r ,. .,
1.91-09-037 APPENDIX A
Page 1
1993-1994 Grade Separation Priority List Page 1 of 2
Mile Proj Priority Priority
Agency I Crossing Name I RRI Br. I POst I SfX. I T~pe I Zndex I Rank
Fresno Consolidation Various, ATSF, & SP Other 5813 1
Buena Park Dale Street 2 161.3 O 90 2
Stockton Hammer Lane i D 95.6 U 89 3
Fremont Washington Blvd.. I DA 32.8 O 86 4
Richmond Cutting Blvd. I A 13.8 0 80 5
.Bakersfield Q-30th-M Street I B 311.5 U 78 6
E1 Monte Ramona Blvd. i B 495.1 U 77 7
San Mateo Poplar Avenue 1 E 17.2 exs U 74 8
San Diego MTDB 32nd Street 36 3.4 O 72 9
Bakersfield Coffee Road 2 891.6 0 71 10
West Sacramento Harbor Blvd. 1 A 86.4 U 69
Kern County Oak Creek Road i B 380.2 0 66 12'
San Carlos Holly Street I E 23.2 U 65 13
San Mateo Tilton Avenue 1 E 17.5 exs U 65 . 14
Menlo Park Ravenswood Av~' i E 29.0 U 59 15
Fresno Herndon Avenue 1 B I95.8 O 57 16
Redwood city Whipple/Hopkins A~e i E 24.8 U 57. 17.
Stockton Hammer Lane 4 .98.5 U 55 18
Los Angeles N. Main St. 2 139.6 O 53 19
San Bernardino Co. 'National Trail Hwy 2 30.6 exs U 52 20
san Mateo 25 th Avenue i E 19.7 U 51 21
Los Angeles Valley Blvd. I B 485.8 O 51 22
Los Angeles N. Spring St. 2 139.5 exs O' -51 23
Fullerton Highland Avenue 2 164.7 .U 51 24
Los Angeles Co. Florence Avenue i BBH 488.43 O 50 25 '
Caltrans S. Niles Blvd (Rt 238) 4 30.4 exs U 50 26
Los Angeles Co. Norwalk I BBJ 497.28 O '49 27
San Mateo, Monte Diablo Avenue i E 17.4 exs U 49 28
Bakersfield Q street I B 311.8 U 47 29
Kern County Rosamond Blvd. i B 393.9 .. O 45 30
Fremont Paseo Padre Pkwy I DA 32.1 0 44 31
Los Angeles Co. Bandini Blvd. 3 A 3.4 O 44 32
Los Angeles Co. Florence Avenue i BG 488.3 O 43 33
San Mateo santa Inez i E 17.3 exs U 43 34
Bakersfield P-Q-S Street 2 886.7 U 42 35
Stockton March Lane 4 97.1 U 42 36
Los Angeles Co. Imperial Highway i BBH 491.6 O 42 37
Alameda County Pleasanton-Sunol Rd. 4 38.7 exs U .41 38
Santa Barbara Co. Bollister Avenue I E 365.7 exs U 41 39
Fresno Shaw Avenue i B 198.5 O 40 40
Fremont Karo Rd. i DA 38.0 U 40 41
Riverside Ar'lington Avenue. 2 B 12.4 U 40 42
E1 Monte Arden Drive i B 494.0 U 39' 43
I. 91-09-037 APPENDIX A'
Page 2
1993-1994 Grade separation Priority List Page 2 of 2
I Mile . ProJ Priority Priority
Kern County Morning Drive 1 B 317.5 .O 38 44
· Los Angeles Co. Telegraph Road 2 '148.8 exs U 38 45
San Diego MTDB Severin Drive 36 D 14.7 O 37 46
Lo~ Angeles Roscoe Blvd. 1 E 452.3 U 37 47
Solana Beach Lomas Santa Fe Drive 2 241.8 O 37 48
Caltrans Edenvale (Rt 238) 4 G 1.4 exs U 37 49
Los Angeles sunland Blvd. I B 467.8 U 36 50
Ontario Archibald Avenue 3 41.2 U 35 51
Redwood city Jefferson Ave. 1 E 25.6 U 35 52
Los Angeles Van Nuys Avenue I B 463.4 U 34 53
San Mateo Tilton, & Consol exs Depr 34 54
Ontario Haven Avenue 3 42.3 PRO U 34 55
San Diego MTDB H Street 36 7.9 O 33 56
San Diego MTDB 28th Street 36 ' ' 2.8. O 33 57
Stockton March Lane .1 D 94.5 PRO . U 33 58
San Diego MTDB Euclid Avenue 36 D 5.7 O 32 59
San Diego MTDB E Street 36 7.4 -O 31 60
San Diego MTDB University Avenue 36 D 12.5 O 31 61
Los Angeles Vineland Avenue' 1 E 459.6 U 30 62
Los Angeles Co. E1 Segundo Blvd. 1 BBH · 492.6 O 30 63
Los Angeles De Soto Avenue 1 E 446.8 U 3~ 64
San Gabriel Mission Drive 1 B 490.3 U 29 65
San Diego MTDB Fletcher Parkway 36 D 17.8 .C O 29 66
E1 Monte Balwin Avenue I B 493.6 U 29 67
Downey Brookshire Avenue i BK 495.4 U 28 68
Dixon West A Street Consol I A 67.4 Depr. 27 69
San Diego MTDB La Mesa Blvd. 36 D 12.3 O 26 70
San Diego MTDB Allison Avenue 36 D 12.4 .O 24. 71
Palmdale Palmdale Blvd. I B -413.7 U 24 72
Los Angeles Co. Slauson Avenue 1 BG 487.3 · O 24 73
Banning Sunset Avenue 1 B 566.2 U 23 74
Caltrans Route 166 i E 276.8 'O 22 75
San Diego MTDB Lemon Avenue 36 D 12.2 O 22 76
Ontario Archibald Avenue 1 B 523.4 U 22 77
Los Angeles Co. 'Slauson Avenue i BBH 487.42 U 21 78
Torrance Del Amo Blvd. 2 H 20.0 PRO O 20 79
Caltrans John St (Rt 68) 1 E 119.29 U 15 80
LOS Angeles Imperial Highway 2 H 13.1 Depr 15 81
Los Angeles Co. Flores Street 3 A 9.7 'PRO U 6 82
E1 Segundo Douglas Street 2 H 15.0 PRO 5 83
URBAN. BAKERSFIELD GRADE SEPARATION PROJECTS~
1980- 1993
COST & FUNDING
(IN MILLION DOLLARS)
PROJECT ~ .PJ~I~d~-C,_Q. fi~ STATE R/R DISTRICT
Chester Ave @ S.P. City 4.40 3.52 .44 .10
Truxtun Ext. @ S.F. City 2.52 1.20 0 .12
Union Ave. @ S~. City 7.50 . 5.00 .75 .15
H Street @ S.F. City 6.00 4.80 .60 .10
Fairfax Rd~ @ S~P. County 6.30 5.00 .61 .15
Oswell St. @S.P.* County 8.00 5.00 .80 .15
Coffee Rd. @ S.F.* City 8.00 5.00** .80 .15
42.72 29.52 4.00 .92
34.44
94,44
Percentage of funds other than City or County 42.72 = 80.6%
* Funded but not constructed
** Assumes full Supplemental Allocation
Prepared by:
Ronald F. Ruettgers, Civil Engineer
1801 21st Street, Suite 4
Bakersfield, CA 93301
July 12, 1993
APPENDIX B
Page 1
FO~]LA FOR CROSSINGS NOMINATED
FOR SEPARATION OR ELIMINATION
P = V x (T + 0.1xLRT) (AH + BD) + SCF
Where:
P = Priority Index Number
V = Average 24-Hour Vehicular Volume
C = Total Cost of Separation Project
(In Thousands of Dollars)
T = Average 24-Hour Train Volume
LRT = Average 24-Hour Light Rail Transit Volume
F = Cost Inflation Factor (Use F = 11 for 1992-93 & 1993-94 F.Y. Priority List
Based on the Current Construction Cost Index)
AH = Accident History
BD = Blocking Delay at Crossing
SCF = Special.Conditions Factor
SCF = VS + RS + CG + AR + PT + OF
Where: Points Possible
VS = Vehicular Speed Limit 0 - 5
· RS = Railroad Prevailing Maximum Speed 0 - 7
CG = Crossing Geometrics 0 - 7
ARE = Alternate Route Availability 0 - 5
PT = Passenger Trains 0 - 10
OF = Other Factors 0 - 16
Total Points 0 - 50.
POINTS IN EACH CATEGORY ARE ASSIGNED ACCORDING TO THE FOLLOWING
SCHEDULE:
iii = Accident History (10 Years)
Each reportable train-involved accident
Points = (1 + 2 x No. Killed + No. Injured) x PF*
Ordinance No.
AN ORDINANCE AMENDING CHAPTER 15.40 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
UNREINFORCED MASONRY BUILDINGS.
BE IT ORDAINED by the Council of the City of Bakersfield as
follows:
SECTION 1.
Chapter 15.40 of the Bakersfield Municipal Code is hereby
amended to read as follows:
Chapter 15.40
EARTHQUAKE HAZARD REDUCTION IN EXISTING
UNREINFORCED MASONRY BEARING WALL BUILDINGS
Sections: _.
15.40.010 Purpose.
15.40.020 Scope.
15.40..030 Definitions.
15.40.040 Material requirements.
15.40.050 Quality control.
15.40.060 Allowable design values.
15.40.070 Detailed systems design requirements.
15.40.080 Tables and standards.
15.40.010 Purpose.
The purpose of this Chapter is to promote public safety,
health and welfare by reducing the risk of death or injury that may
result from the effects of earthquakes on unreinforced masonry
buildings.
The provisions of this Chapter establish minimum
standards for structural seismic resistance primarily to reduce the
risk of death or injury, but cannot prevent loss of life or injury
or prevent earthquake damage to an existing building even though it
complies with these standards.
15.40.020 Scope.
The provisions of these requirements shall apply to all
bUildings having unreinforced masonry bearing walls as defined
herein. It is recognized that strengthening was done to many
unreinforced masonry buildings following the 1952 .Kern County
~ earthquake. The Engineer or Architect retained by the building'
owner and the City Building Official'shall give full consideration
to any strengthening done when analyzing the existing condition of
the building as required by this Chapter. Where strengthening was
done which may not fully comply with the provisions of this
Chapter, approval may be granted_by.the City Building Official if
the building's condition complies with the intent of this chapter.
Nothing in this Chapter shall prevent the building owner,
his Architect or .Engineer from employing accepted alternatiVe
methods to prove the minimum seismic safety of a building. In the
event an alternative method is employed by the building owner, his
Architect or Engineer which is not accepted by the City Building
Official, the building owner shall have the right to appeal that
decision to the Board of Building Appeals..
15.40.030 Definitions.
For the purpose of this Chapter, certain terms are
defined as follows:
(a) "CROSS WALLS:" are interior walls of masonry or wood
stud construction. In order ~to be considered as a cross wall
within the intent of this Chapter, cross walls shall be not more
than 40 feet apart in each story( and shall be full story height
between diaphragms. Existing cross walls shall be a minimum length
of one and one-half times the story height. Existing wood frame
cross walls shall be sheathed with one of the following: wood lath
and plaster, 1/2 inch thick gypsum wallboard two sides, or solid
one inch nominal thickness straight or diagonal wood board
sheathing. New cross walls shall have a rational shear path to the
ground, and shall be constructed of materials that are assigned
allowable shear values in Chapter 25 or Chapter 47 of the Uniform
Building Code, and shall have a total shear capacity equivalent to
that of a wall 1 1/2 times the story height that is sheathed with
a material that has an allowable shear value of 150 pounds per
foot.
(b) "UNREINFORCED MASONRY BEARING WALL:" A masonry wall'
having all of the following characteristics:
1. Provide the vertical supPort for a floor or roof.
2. The total superimposed load is over 100 pounds per linear
foot.
3. The area of reinforcing steel is less'than 25 percent of
the minimum steel ratios required by the Building Code
for reinforced masonry.
(c) "ARCHITECT OR 'ENGINEER:" California licensed
Architect or California licensed Civil or Structural Engineer in
responsible charge of'the structural design work for the project.
15.40.040 Material'requirements.
(a) Existing Materials. All existing materials utiliZed as
part of the lateral force resisting system shall be in sound
condition or shall be removed and replaced with new materials.
(b) Existing Unreinforced Masonry:
1. General. Unreinforced masonry-walls shall be tested
as specified in this subsection. Masonry that does not meet or
exceed the minimum Standards established by this Chapter shall be
removed and replaced by new materials and anchored to supporting
elements; design of anchorage shall comply with requirements for
anchorage of masonry veneer of Section 15.40.070(g).
2. Lay'Up of Walls. The facing and backing shall be
bonded so that not less than 4 percent of the wall surface of each
face is composed of solid headers extending not less than 4 inches
into the backing. The distance between adjacent full-length
headers .shall not exceed 24 inches either vertically or
horizontally. In walls in which a single header does not extend
through the wall, headers from opposite sides shall overlap at
least four inches, or headers from opposite sides shall be covered
with another header Course overlapping the header below at least
four inches. Wythes of walls not bonded as'described above shall
be considered as veneer. The veneer wythe shall not be included~in
the effective thickness used in calculating the height to thickness
ratio of the wall unless it is bonded and anchored to the backing
in a manner acceptable to the City Building Official.
3. Mortar A. Tests. The quality of mortar in
unreinforced masonry, walls shall be determined bY performing in-
place shear tests in accordance with Uniform Building Code Standard
(24-7). Alternate methods of testing to establish compliance with
the minimum requirement of Section 15.40.040 (b). 3. D. (IV) may be
approved by the City Building Official.
B. Location of Tests. Shear tests, shall be taken at
locations representative of the mortar conditions throughout the
entire building. The exact test location shall be determined at
the building site by the Architect or Engineer. An accurate record
of such tests and their location in the building shall be recorded
and these results shall be submitted to the City Building Official
.for approval as part of the structural analysis.
3
C. Number of Tests. The minimum number of teSts per
wall or line of wall elements providing a common line of reSistance
to lateral forces shall be as follows: Two (2) tests per wall with
a minimum total number of 8 tests or one test per 1,500 square feet
of wall area, whichever results in the greater number of tests.
D. Minimum Quality Mortar. (I) Mortar shear test
values, Vto' shall be obtained for each in-place shear test in
accordance with the following equation:
Vto = ( Vtest - PD+n)/~ ............. ' .... ( 7- 1 )
WHERE:
Vto = Mortar shear test value, in
psi.
Vtest = Shear stress at incipient
cracking for each in-place test
per Standard No. 24.7.
PD+n = Actual dead plus live load in
place at the time of testing,
in pounds.
~ = Area of the wall supporting PD+L
at each in-place shear test.
(II) Individual unreinforced masonry wall with vto less
than 30 psi shall be pointed prior to retesting.
(III) The mortar shear strength, vt is the value in psi
representing a minimum of 80% of all of the mortar shear test
values,
(IV) Unreinforced masonry with mortar shear strength, v
less than 30 psi shall be removed or pointed and retested.
E. Pointing. All deteriorated mortar joints in
unreinforced masonry walls shall be pointed according to Standard
No. 24-9. Nothing shall prevent pointing with mortar of all
masonry wall joints before the tests are made.
15.40.050 Oualit¥ control.
(a) Pointing. Special inspection shall be provided
during preparation and mortar pointing.
Exception: Pointing may b~ performed without
inspection where approved by the Arc~tect or Engineer. special
4
(b) Existing Floor or Roof Level Wall Anchors.
1. Floor level tension anchors embedded in brick. If
existing rod anchors embedded in brick are to be utilized as all or
part of the required wall anchorage system at the floor level, not
less than 5 percent of such existing rod anchors shall be tested by
an approved testing laboratory or under the supervision of the
Architect or Engineer. The minimum number of anchors tested shall
be four per floor, with two tests at walls with joists framing into
the wall and two tests at walls with joists parallel to the wall
but not less than 5 percent of~the total number of existing tension
anchors at each level. The test apparatus shall be supported on
the masonry wall at a minimum distance of the wall thickness from
the anchor tested. The rod anchor~shall be given a preload of 300
lbs. prior to establishing ~a datum for recording elongation. The
tension test load reported shall be recorded at one-eighth inch
relative movement of the anchor and the adjacent masonry surface.
Results of all tests shall be reported. The report shall include
the test results .as related to the wall thickness and joist
orientation. Ends of existing anchors shall be secured into the
wood framing by a positive mechanical attachment..
2. Floor or roof level anchors embedded in concrete.
Existing rod anchors at floor or roof levels that are embedded in
existing concrete or gunite applied to the oppOsite side of the
wall need not be tested provided such embedment is verified by
observation and report by an approved testing agency or the
Architect or Engineer for at least one anchor, and all anchors
observed, in each wall at each level for which such the anchors are
to be utilized as all or Part of the required wall anchorage
system. Other evidence of such embedment may be approved by the
City Building Official. -
(c) Testing of Bolts. One-fourth of new embedded bolts
in unreinforced masonry walls shall be tested by a testing
laboratory or ArchiteCt or Engineer using the procedure of U.B.C.
Standard No. 24-8.
Exception: Special inspection in accordance with the
Building Code or continuous observation by the
Architect or Engineer may be provided during
installation in lieu of testing.
(d) Required Reports. The Architect or Engineer or
testing agency shall submit a signed report to the City Building
Official for each test, observation or inspection required by
Section 15.40.050 and 15.40.070(g). The report shall state the
test, observation, or inspection performed, the date, the reSults
of each individual test, observation or inspection, (including
those that fail to satisfy the intent of this Ordinance) and
whether to the best of the knowledge of the preparer of the-report,
the results indicate compliance with this Ordinance.
15.40.060 -Allowable design values.
(a) Tension Anchors. Allowable values for tension anchors
are given in Table No. 1-B. A one-third increase is not allowed
for values listed in this table.
(b) Other Materials. Allowable values not specified in
this chapter shall be as specified elsewhere in the 1991 Uniform
Building Code.
15.40.070 Detailed systems design requirements.
(a) Lateral Force 'on Elements of Structures and
Nonstructural Components. Parts or portions of structures,
nonstructural components and their anchorage to the main structural
system shall be designed for lateral forces~in accordance with the
follOWing formula:
Fp = Cp Wp (10-1)
W shall be as defined in Section 2332. The value of C
need not ~xceed the values set forth in Table No. lC. P
(b) Height to Thickness Limitations. Unreinforced masonry
wall height to thickness ratios shall not exCeed the ratios set
forth in Table No. 1D. If a wall height to thickness ratio exceeds
the specified ~limits, the wall shall be laterally supported by
bracing members complying with Subsection (c)l or with Subsection
(c)2. Bracing systems shall be designed in accordance with Section
15.40.070(a). The wall thickness may include the thickness of
plaster, stucco or concrete that is determined by the Architect or
Engineer to be bonded to the full height of the wall between wall
anchors.
(c) 'Bracing Methods. 1. Vertical Bracing Members.
Vertical bracing members shall be attached to floor and roof
construction for their design loads independent of required wall
anchors. Horizontal spacing of vertical bracing members shall not
exceed one-half the unsupported height of the wall nor 10 feet.
Deflection of. such bracing members at design loads, shall not
exceed one-tenth of the wall thickness.
2. Wall Bracing. The wall height may be measured to
bracing elements other than a floor or roof. Horizontal
spacing of the bracing elements and wall anchors shall
not exceed 6 feet on center nor 6 times the wall
thickness, whichever is less. Bracing elements shall be
detailed to minimize the horizontal displacement~ of the
wall by the vertical displacement of the floor or roof.
(d) Wall Anchorage.
1. Anchor Locations. UnreinfOrced masonry walls shall be
anchored at the roof and floor levels in order to resist the forces
specified in this section.
2. Tension Anchor~Requirements. Tension anchors shall
have a maximum spacing of 6 feet or 6 times the wall thickness,
whichever is less, and shall comply with the requirements set forth
in Table No. 1-B. Tension anchors used to resist required forces
may be assumed to develop the allowable values listed in Table No.
1-B. Tension anchors shall be secured to the rafters or joists to
transfer the required forces into the roof or floor sheathing.
3. New Tension Anchors. New Tension Anchors installed to
meet the requirements of this section shall be Combination Tension
and Shear Bolts, and shall be secured to the roof or floor framing
to develop tension and shear forces into the diaphragm.
4. Minimum Wall. Anchorage Forces. New or existing
Tension Anchors shall anchor masonry walls to each floor or roof
with a capacity to resist a minimum tension force determined by
Formula (10-1) or 200 pounds per linear foot whichever is greater,
acting normal to the wall at the level of the floor or roof. In
addition, new Combination Tension and Shear Bolts shall be
connected to the framing to resist a shear force of 200 pounds per
foot acting parallel to the wall at the level of the floor or roof.
· EXception: Where the roof or floor sheathing consists
only of 1 inch nominal thickness single board
sheathing, new Combination Tension and Shear
Bolts may be ~connected to the framing to
resist a shear force of 100 pounds per foot
acting parallel to the wall.
The City Building Official may approve an analysis by the Architect
or Engineer that demonstrates that the required shear capacity is
less than required by this section.
5. Anchors at Corners. New Combination Tension and Shear
Bolts at the roof and floor levels, if required by this Section,.
shall be provided within two feet horizontally from the inside of
the corners of the walls."
(e) Parapets. Parapets and exterior wall appendages not
capable of resisting the forces specified in this section shall be
removed., stabilized or braced to ensure that the parapets and
appendages remain in their original position.
7
The maximum height of an unbraced unreinforced masonry
parapet above the level of tension anchors shall not exceed one and
one-half (1-1/2) times the thickness of the parapet wall. If the
required parapet height exceeds this maximum height, a bracing
system designed for the force determined by formula (10-1) shallbe
installed to support the parapet. Parapet corrective work shall be
performed in conjunction with the installation of tension roof
anchors.
The minimum height of a parapet.above the wall anchor shall
be twelve (12) inches.
Exception: If a reinforced concrete beam is
provided at the top of the wall, the minimum height aboVe the
wall anchor may be six (6) inches.
(f). Mortar Joints. Ail deteriorated mortar joints in
unreinforced masonry walls shall be pointed with Type S or N
mortar. Masonry cements shall not be used. Prior to any.pointing,
the wall surface must'be raked and cleaned to remove loose and
deteriorated mortar. All preparation for pointing shall be
inspected by the Architect or Engineer or their representative.
(g). Masonry Veneer.
1. Veneer shall be anchored to the structure of the
building with approved anchor ties conforming to the required
design capacity Specified in the Building Code and placed at a
maximum ~pacing of 24 inches with a maximum supported area of 2
square feet.
EXCETPION: I. Existing masonry~veneer anchor ties may
be acceptable provided the ties are in sound condition and conform
'to the following minimum size, maximum spacing and material
requirements:
Existing masonry veneer anchor ties shall be corrugated
galvanized iron strips not less than 1 inch in width, 8 inches in
length and 1/16 inch in.thickness and shall be located and laid in
every alternate course in the vertical height of the wall at a
spacing not to exceed 17 inches on center horizontally. As an
alternate, suCh ties may be laid in every fourth course vertically
at a spacing not to exceed 9 inches on center horizontally.
II. Masonry veneer, no portion of which 6 feet
is above grade need not be anchored.
2. The location and condition of existing veneer anchor
ties shall be verified as follows:
8
A. The Architect or .Engineer. shall determine the
location and spacing of the ties.
B. The veneer shall be removed from not less than four
locations designated by the Architect~ or Engineer
for the Architect or Engineer's evaluation.
C. The Architect or Engineer shall report to the City
Building Official the veneer anchor tie locations
and spacings, their evaluation of the condition and
effectiveness of the veneer anchor ties, and their
recommendations whether or not the existing veneer
anchor ties need to be supplemented with new veneer
anChor ties.
3. Unreinforced masonry walls which carry no loads other
than their own weight may be considered as veneer if they are
adequately anchored to new supporting elements.
15.40.080 Tables and Standards.
For Time Limits and Technical Specifications see Table
Nos. l-A, l-B, l-C, and l-D; Standard Nos. 24-7 and 24-9.
TABLE NO. 1-A
TIME LIMITS FOR PROCEEDINGS
FOLLOWING DECEMBER 31, 1998 DEADLINE
Required Action Obtain Building Commence Complete
By Owner Permit Within Construction' Construction
Within Within
Anchorage 1 Year (1) 180 Days (2) 1 Year (2)
Installation
BUildings to 1 Year (1) 180 Days (2) 1 Year (2)
be Demolished
(1) Measured from the date of the order.
(2) Measured from the date of building permit issuance.
(3) These time limits shall not apply to a change of occupancy
involving a Group A Occupancy having an occupant load of 100 or
more.
TABLE NO. 1-B
ALLOWABLE VALUES FOR TENSION ANCHORS
Type of Installation Allowable Values (1)
EXISTING TENSION ANCHORS:
Anchors at floor level embedded in brick
(to be tested per Section 15.40.050(b) Al.lowable shall be 40%
of the average of the
tests for anchors having
same wall thickness and
joist orientation.
Anchors at floor or roof 1800 lb. per anchor.
levels embedded in existing concrete
or gunite on the opposite side of the
wall. (2)
TENSION BOLTS:
Bolts extending entirely through 1800 lbs. per bolt.
unreinforced masonry walls secured
with bearing plates on far side of 900 lbs. for 2 wythe walls.
a 3 wythe minimum wall with a
bearing plate having an area of at
least 30 square inches. (2) (3)
COMBINATION TENSION AND SHEAR BOLTS:
Combination tension and shear bolts Same as for tension bolts.
~are tension bolts centered in a
2-1/2 inch diameter by 8 inch minimum
depth hole with dry-pack or nonshrink
grout around the circumference of bolt.
EMBEDDED BOLTS
Bolts extending to the exterior wall 1200 pounds.
with a 2-1/2 inch round plate
under the head and drilled at an
angle of 22-1/2 degrees to the ~.
horizontal. Bolts shall be centered
in 2-1/2 inch diameter holes with
dry-pack or non-shrink grout around
circumference of bolts. Bolts shall
be tested per Section 15.40.050(c).
10
1) (1) A one-third increase in allowable stresses is not allowed for the
tabul~ated values. The allowable capacity shall not be greater than
the capacity of the connection to the floor or roof framing.
2) Bolts to be 1/2 inch minimum in diameter.
(3) Drilling for bolts and dowels shall be done with an electric rotary
drill. Impact tools shall not be used for drilling holes or
tightening anchors and shear bolt nuts.
TABLE NO. 1-C
HORIZONTAL FORCE FACTOR "Cp" FOR PARTS OR PORTIONS OF
BUILDINGS OR OTHER STRUCTURES
Part or Portion Direction Value of
of Buildings of Force C
Exterior bearing and nonbearing Normal-to-flat 0.3
walls; interior bearing walls surface
and partitions; interior non-
bearing walls and partitions
over 10 feet in height.
Cantilever parapet and other Normal-to-flat 1.00
cantilever walls, except surface
retaining walls.
Exterior and interior ornamen- Any direction 1.00
tations and appendages.
Prefabricated structural Any horizontal 0.30
elements, other than walls, direction
with force applied at center
of gravity of assembly.
Connections for exterior panels Any direction 2.00
or elements.
TABLE NO. 1-D
ALLOWABLE VALUE OF HEIGHT-THICKNESS RATIO OF UNREINFORCED
MASONRY WALLS WITH MINIMUM QUALITY MORTAR
Buildings with Crosswalls
As Defined by Section All Other
15.40.030 Buildings
Walls of one-story 16 13
buildings
First-story walls 16 15
of two-story
buildings
Walls in top story of 14 9
Multi-story buildings
Ail other walls 16 13
SECTION 2.
This ordinance shall be posted in accordance with provisions of
the Bakersfield Municipal Code and shall become effective thirty (30) days
from and after the date of its passage.
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
BOB PRICE
Mayor of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of. the City of Bakersfield
LCM/kg
7-12-93
URM
13
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERS 15.41
OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO SEISMIC SAFETY.ANALYSES
OF UNREINFORCED MASONRY BUILDINGS.
BE IT ORDAINED bY the Council of the City of Bakersfield
as follows:
SECTION 1.
Chapter .15.41 is hereby amended to the Bakersfield
Municipal Code to read as follows:
SEISMIC SAFETY ADMINSTRATION OF
UNREINFORCED MASONRY BUILDINGS
Sections:
15.41.010 Scope.
15.41.020 Compliance with standards.
15.41.030 Mandatory requirements.
15.41.010 Scope.
The provisions of this Chapter shall apply to all
buildings which, on the effective date of this Chapter, have
unreinforced masonry bearing walls as defined in Section 15.40.030.
This Chapter provides for strengthening standards for
unreinforced buildings as defined in this Chapter. This. Chapter
shall not require existing electrical, plumbing, mechaniCal, fire
safety systems, parking, disabled access or other existing non-
conforming uses to be altered as a result of seismic strengthening
unless they constitute a hazard to life.
Exceptions: This Chapter shall not'apply to detached one
or two family dwellings and detached multi-unit dwellings
containing less than five (5) dwelling units and used solely for
residential purposes, nor shall it apply to single story warehouse
buildings used solely for storage purposes and occupied less than
three persons and less than three (3) hours per day.
15.41.020 Compliance With standards.
Unreinforced masonry buildings shall comply with
provisions of Chapter 15.40. Should an owner elect to strengthen
a building beyond the requirements set forth in Chapter 15.40, such
additional strengthing work shall comply with Appendix Chapter 1 of
Uniform Code for Building Conservation, 1991 Edition, which is
hereby adopted for that purpose.
15.41.030 Mandatory requirements.
A. Each owner, as shown on the latest equalized
assessment roll of the .County of Kern, of an unreinforced masonry
building shall undertake structural alterations of said building or
demolish it by December 31, 1998 where it is not found to comply
with Chapter 15.40 of Bakersfield Municipal Code.
B. If the owner fails to comply with the provisions as
required by this Chapter after December 31, 1998, then the subject
building shall be declared as a dangerous building. The City
Building Official may initiate proceedings in accordance with the
Uniform.Code for Abatement of Dangerous Buildings.
· SECTION 2.
This Ordinance shall be posted in accordance with
provisions of the Bakersfield Municipal Code and shall become
effective thirty (30) days from and after the date of its passage.
........... 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'
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
LAURENCE LUNARDINI
CITY ATTORNEY .of the City of BakerSfield
LCM/KG
URM- 15.41
7-12-93
- 3 -
PRELIMINARY STRUCTURAL SEISMIC HAZARD EVALUATION
for the UNREINFORCED MASONRY BUILDINGS
of the CITY OF BAKERSFIELD, CALIFORNIA
SURVEY SHEET
DATE OF SURVEY
This report was prepared by
California License #
Signature and seal:
1. Building Address
2. Building is on Assessor's Parcel
3. Owner
present during survey visit: yes__ no__
4. Owner's representative
present during survey visit, no
General Building Data
5. Is this a URM bearing wall building? yes__ __ can't tell__
(If yes, note at least one URM bearing walls on the building plan in item 6. below)
(If no, what kind of building is this?
(If can't tell, explain: [ ) the
survey should be terminated if "no" or "can't tell" is checked.
6. Building plan: For non-rectangular buildings, designate walls other than
4 principle directions by number 5, 6, etc.
North
(place north arrow
in box)
7. Stories and mezzanines: Number of stories
Mezzanine at lew (s); no mezzanine
8. Is further evaluation of seismic hazards or is seismic h~zard reduction work required?
__eva~uation work no. (Check __no only if __no is checked for every Code
Section item on the the following pages.)
Building Address
Evaluation of Seismic Hazards:
15.40.040(a) Unsound Materials
Is there any unsound structural material? __.yes __no not sure.
Describe and identify location of unsound masonry:
Deteriorated mortar
Cracks
Loose assemblies of masonry.
Other
Are there .probable locations of unsound masonry that could not be
observed? yes no , not sure.
Describe and identify location of Other unsound structural components of
lateral system
15.40.040(b) Inadequate Through-wall Bonding (Lay-up):
Is there inadequate through-wall bonding yes no not sure
Describe and identify location of masonry with header-brick spacings that
exceed 24" measured horizontally or vertically, or where header bricks
constitute less that 4% of surrounding wall area.
Mortar Quality
Is there evidence of poor qUality mortar yes no not sure
Describe and identify location of possible Iow quality mortar.
15.40.050(b) Wall AnChor Types:
Floor Level Tension Anchors:
Do floor level wall anchors need more investigation? yes no
not sure
Identify locations of tension anchors embedded in brick (testing will be
required to establish adequacy)
Identify locations of tension anchors that are probably embedded in
concrete or gunite on opposite side of wall (investigation will be required
to establish adequacy)
Floor level wall anchor types
North South East West 5 6
Floor
Floor
Floor
Anchor Type Code: AA I/2" min. rod with 30 Sq. In. steel plate @ exterior
AB anchor embedded in brick
AC anchor probably embedded in gunite on opp. side
AD other; describe and evaluate
AE none exist
AF could not be observed
2
Building Address
Roof Level Tension Anchors:
Do roof leVel anchors need more investigation? yes no not
sure
Identify locations of tension anchors that are probably embedded in
concrete or gunite on opposite side of wall (investigation will be required).
Roof level wall anchor types
North South. East West 5 6
Anchor Type Code: see previous page
15.40.070(b) Wall Stability (Height-to-thickness Ratio):
Do walls have inadequate stability? yes no not sure.
evaluated as Building with Crosswalls as Defined in 15.40.030(a)
evaluated as All Other Buildings.
(If With Crosswalls, note crosswall locations and sheathing types on the
plan in item 6 on Sheet 1 of this Survey Sheet.)
Cross Wall Code: CA Brick wall
CB Other masonry.
CC Studs with wood lath and plaster, length=l 1/2 x height
CD Studs with 1/2" gyp. bd. 2 sides, length=lY2 x height
CE Studs with solid lx wood shthg., length=Il/2 x height
CF Other; describe and evaluate
CG Construction not determined.
Indicate wall stability adequaCy:
North South East West 5 6
Story
Story
Story
__ Story
Wall Stability Code: DA stable DB not stable DC not sure
15.40.070(d) Wall Anchorage:
Is wall anchorage inadequate? . yes no __not sure
Are additional Tension Anchors needed to meet the requirements .of the
Ordinance? yes no not sure.
Do existing connections to the framing need to be modified to transfer the
required forces? yes no not sure.
Identify walls and levels where wall anchor spacings exceed 6 feet or 6
times the wall thickness (Whichever is less)
Building Address
15.40.070(d) Indicate wall anchorage capacities:
(continued) North South East West 5 6
floor req'd
provided:
to wall
to fr'm'g
floor req'd
provided:
to wall
to fr'm'g.
floor req'd
provided:
to wall
to fr'm'g
floor req'd
provided
to wall
to fr'm'g
roof req'd
provided
to wall
to fr'm'g
15,40.070(e) Parapet Stability and Exterior Wall Appendages
Do parapets have inadequate stability? yes no not sure.
Identify locations of reinforced concrete beam at the top of the wall:
Are there appendages with inadequate anchorage or stability?
yes no __not sure..
Indicate parapet stability and bracing:
North South East West 5 6.
thickness
braced?
brace spacing over 6' or 6t?
height above anchor or brace
appendages'?
15,40.070(.g) Masonry Veneer
Is there masonry veneer any portion of which is more than 6 feet above
grade? __),es no not sure.
4
July 9, 1993
Mr. Fred Kloepper
Assistant Public Works Director
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Re: Calloway Drive Median island Construction
Dear Mr. Kloepper,
This letter concerns the City Council's referral to the Urban Development Committee to
consider DeWalt Corporation's request to construct the above mentioned project. Due to our
development interests adjacent to this proposed improvement, the construction of the
landscaped median island will greatly enhance the value and marketability of our ongoing
development projects. With the current economic conditions and the resulting increased
competition within our industry, improvements and/or amenities such as this provide
additional benefit to not only our project, but to the ultimate homeowner. In addition, the
median island will provide more orderly traffic flow along Calloway Drive and thereby increase
public safety. The funds to construct the median improvements have been' deposited by the
adjacent developments thereby providing all that is needed to complete the construction.
The construction of this median island along Calloway Drive between Meacham Road and
Hageman Road, has been a requirement based upon the adjacent subdivided property by the
City of Bakersfield. Calloway Drive has been constructed in phases with each of these
adjacent developments and, as a result of this phased construction, the City allowed for the
payment of an "in-lieu" fee to support the construction at a later date. Since our initial
2340 NILES STREET BAKERSFIELD, CA 93306 (805) 871-3300 · FAX (805) 871-4302
:aveiooment in 1988, we nave sui~seauentiy paid ali of the "in-lieu:' median construction fees
Cdr. ~:he east side of Callowa¥ Drive. tine west side of Callowa¥ Orive nas been paid for by two
orner deveio!~ers with th~ final payment being made in i 992. in addition to these fees being
paid, full-width improvements for Callowa¥ Drive have also been compieted with the adjacent
.-:ubdivisions.
Presently, alt fees to support construction of the median have been paid, the full-width
improvements of Calloway Drive have been constructed, and per our earlier request to you
dated April 30, 1993, We are requesting the City contract with DeWalt Corporation to
construct the median island with landscaping with the deposited "inqieu" fees. Our goal is
to design and construct the median so that we may affect the most cost effective and timely
completion of the improvement. We estimate that the funds on deposit will just barely cover
the construction costs if this were to be constructed by DeWalt Corporation. Because of the
additional expense for work performed by a public agency we estimate the City's cost to be
on the order of $25,000 to $30,000 above those with which we could complete the same
work as a private corporation. We can all agree that with a potential for cost savings, now
could not be a better time to have the public and private sector work together.to achieve the
most economic and efficient use of avaiiable funds.
In addition to the above, we wish to point out that the Development Agreement for the
Riverlakes project provides the vehicle by which the City can work with the Developer to
achieve common goals such as this. The agreement stipulates "the benefits to the Company
to be secured by this agreement include...utilization of public financing mechanisms to either
pay the cost of or reimburse the company its sole costs in censtructing required public
infrastructure". This understanding established the foundation for the existing '"in-lieu
fee/reimbursement" arrangement which is used for construction of water facilities. Upon
construction of designated water infrastructure within the Riveriakes projecT, ;me develooer
will be reimbursed by the City for those facilities. Even ti~ougn this invoives a Oifferent type
of improvement, the framework and understanding between the project and the City is
consistent and at the very least is allowed for within the Development Agreement.
As mentioned, our first priority is to enter into an agreement witt~ the City for DeWalt
Corporation to construct a median island and have this improvement complete, if this request
cannot be approved, then at the very least, we would like to receive from the City a
commitment to have this facility constructed as soon as is possible. DeWalt Corporation
stands ready to assist the City in whatever way possible to achieve this end.
We have appreciated this opportunity to address this issue with both staff and the City
Council and anxiously await the Committee's recommendation to the full council regarding
this matter. If you have any questions, need additional information or wish to speak with
either myself or Dennis DeWalt to clarify any of the issues regarding this request, please
contact us.
Sincerely,.
~~,...~.,~.,"~ ....' .~"'......_ ,?;-"~/" ../ ,...:;.'
Step,an J. DeBranch, Vice President
DeWalt Corporation
cc: City Council Member, Randy Rowles
City Council Member, Patricia Smith
City Council Member, Kevin McDermott
Ed Schulz, Public Works Director
Jack Hardisty, Planning DirectorV"
Dennis DeWalt, DeWalt Corporation
ORDINANCE NO.
AN ORDINANCE I?m~EALING CHAPTER 8.16
AND ADDING CHAPTER 5.48 OF ~
BAKERSFIELD MUNICIPAL CODE '~Rr. ATING
TO VEHICULAR 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
'Chapter 5.48 is hereby added to the Bakersfield
Municipal Code to read as follows:
CHAPTER 5.48
VEHICULAR FOOD VENDORS
Sections:
5.48.010 Definitions
5.48.020 Permit required
5.48.030 Application--issuance--fee
5.48.040 Regulations
5.48.050 Revocation
5..48.060 Appeal
5.48.010 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.
B. "VehiCle'' means any duly registered and licensed
device by which a person or property may be propelled, moved or
drawn upon a highway, including, but not limited to, cars,
trucks, coaches, motorcycles and motor scooters.
C. "Vehicular food vendor" means any person who
engages in a business of selling consumables from a vehicle on
anycity roadway, street, highway or other right-of-way,
excluding sidewalks, within the city.
D. "Consumables" means food and drinks of any kind,
including, but not limited to, ice cream, ices or other frozen
desserts, candies, soda, soft. drinks, confections and all
substances and ingredients used in the preparation thereof.
E. "Public Building'.' is held to mean and inclUde any
drugstore, confectionery store, ice cream parlor, ice cream
stand, soft drink stand, soft drink store, lunch room, lunch
counter, cafe, restaurant, hotel, schoolhouse, college, all
buildings owned by the city, and all buildings owned by the
county and state, and any other store or business house which
trades or sells to the public generally its foods, merchandise,
goods, wares and articles therein, situated within the city.
5.48.020 Permit required.
It is unlawful for any person, firm or corporation' to
operate as a vehicular food vendor on any city roadway, street,
highway or other right-of-way in Violation of this chapter, or
without having first procured and maintained a valid permit from
the city manager or his designee.
5.48.030 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 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. The business tax certificate number of the
business;
5. Whether a health department permit for this
business has been issued;
6. The license number of the vehicle(s) to be
used for the Sale of food items.
B. Th'e 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, in an amount of not less than one
2
million dollars ($1,000,000.00). 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.
C. 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 business for which the application is
made will be maintained and conducted in accordance with all
'local, state and federal laws;
3. The operation of such business will not
present any substantial hazard to vehicular~or pedestrian
traffic;
4. The applicant has obtained insurance as
required under subsection B of this section;
5. A valid business tax certificate has been
issued'for this business;
6. .A valid health department permit has been
issued for this business;
7. 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.
D. All permits issued under this chapter shall remain
in effect until the following June 30th, unless earlier revoked.
E.. 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.
F. Permits may be issued with conditions to ensure
the vending of food from such vehicle will be operated in a safe
and legal manner, will not disturb the peace and quiet of any
neighborhood and will not constitute an undue burden on city
resources.
5.48.040 Regulations.
A. Except as permitted by section 10.56.080(B) and
chapter 5.45,, the business of 'selling consumables on a city
roadway, street, highway or right-of-way shall be made solely
from vehicles as defined in section 5.48.010(B).
B. Meat and fish peddlers shall also comply with the
provisions of chapter 8.12.
C. Except as otherwise provided by ordinance, no
Person(s) shall park any vehicle from which any consumables are
sold, or offered for sale, except at the request of a bona fide
purchaser and for a period of time not to exceed ten (10) minutes
at any one place on a city roadway, street, highway or other
right-of-way. The provisions of this subsection shall not apply
to persons delivering foodstuffs.or merchandise upon order of,'or
by agreement with a customer, and when delivery is made from a
store or other fixed place of business or distribution.
D. The operator of a.vehicle regulated by this
ordinance shall have in his/her possession at all'times during
operation of the business a valid California driver's license
which permits operation of the' vehicle used to sell consumables.
E. The vehicle as regulated by this chapter shall be
kept in a clean and sanitary condition at all times during the
sale of food and/or drinks to the public.
F. All vehicles shall be' self-contained and no
tables, chairs, boxes or objects other than the permitted vehicle
shall be permitted on the city street, roadway, highway or right-
of-way.
G. Any permit issued pursuant to this chapter shall
be non-transferrable, and shall be Valid only as to the applicant
provided on the application for such permit.
H. The permit-holder shall maintain the required
insurance throughout the term of the permit.
I. The vehicles regulated by this chapter shall not
be operated on any city street designated as a parade route
during a parade.
J. No vendor regulated by this chapter shall impede
or obstruct the' safe and orderly flow of vehicle and pedestrian
traffic.
K. The sale of food and/or drink items from vehicles
as regulated by this chapter shall take place at a curbside
location. No sales activities shall be permitted with customers
standing in the street, roadway, highway or other area traversed
by vehicular traffic. Standing, stopping and parking regulations
shall be observed at all times.
L. The permit-holder shall'acquire and maintain a
valid county health permit throughout the term of this permit and
comply with all applicable health requirements.
M. It is unlawful for any person to sell, vend or
peddle consumables from any vehicle in the city.within three
hundred feet from the exterior boundary of property used and
occupied by a public building as defined in section 5.48.010(E)--
(any drugstore, confectionery store, ice cream parlor, ice cream
stand, soft drink stand, soft drink store, lunch room, lunch
counter, cafe, restaurant, hotel, schoolhouse, college, all
buildings. owned by the city, and all buildings owned by the
county and state, and any other store or business house which
trades or sells to the public generally its foods, merchandise,
goods, wares and ar=icles therein, si'tuated within the city)--or
any public playground or park .conducted, maintained and operated
by the city, or other municipal agency; provided,' however, that
sales, vending and peddling permitted by section 12.56.240 of
this code are not prohibited hereby.
N. All permits required by this article Shall be
prominently displayed at all times on each vehicle or shall be
kept on the person of the vendor at all times during which he/she
is vending~ Vendors mus= produce for examination all required
permits upon reqUest by a peace officer or any officer or
employee of the city who is acting in his/her official capacity.
5.48.050 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.
5.48.060 Ap~eai.
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 !ater than ten days after notice of such decision is
deposited in the United States mail, addressed to the applicant
5
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 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
6
Kern CoUncil
of Governments July 6, 1993
TO: Interested Persons
FROM: Ronald E. Brummert,
Executive Director.
By: Roger W. TaytO,
Principal Planner
SUBJECT: SOUTH BELTWAY CORRIDOR
TIER I ENVIRONMENTAL IMPACT REPORT (EIR)
The Kern Council of Governments will meet at its regularly-scheduled time, Thursday, July
15, 1993, 7:00 p.m., at which time additional alternate route studies may be considered
for the subject EIR. One of two courses of action are anticipated. The document may still
be certified without an additional alternate route study. 'Or, additional studies will be
approved, postponing certification of the Tier [ EIR. Public comments will NOT BE
solicited at this meeting due to the final draft status of the document. The document is
available for review at the offices of the Kern Council of Governments, 1401 19th Street,
Second Floor,. Bakersfield, California and.at the following branches of the Kern County
Library: Beale, Northeast, Southwest, Holloway-Gonzales, Wilson Road and Rathbum.
Time and place of the meeting is as follows:
Thursday, July 15, 1993, 7:00 p.m,
Kern Council of Governments' Conference Room
1401 19th Street, Second Floor ,.
Bakersfield, GA 93301
R~B:RWT
Kern Council of Govemment~
1401 19th St., Suite 200, Bakersfield, CA g3,.'.'.'.'.'.'.'.'.~31 (805) 86i-2191 FAX (805) 324-8215
STOCKDALE WY BAKERSFIELD
Legend:
~.~.~ ° ° ° Alternate 1
~ ~ Alternate 2
*' PANAMA C~
PANAMA LN m LAMONT
u~ PANAMA
BUENA VISTA
ARVIN
~3 __.HERRING
ORDINANCE NO.
AN ORDINANCE ADDING SUBSECTION F TO '
SECTION 17 . 64 . 080 OF THE ~FIELD
MUNICIPAL CODE RELATING TO. REAPPLI-
CATION FOR CONDITIONAL USE PERMITS. .
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Subsection F is hereby added to Section 17.64.080. of the
Bakersfield Municipal Code to read as follows:
17.64.080 Appeal of decision - Reapplication.
F. Where an application for a conditional use permit
has been finally determined by the city council or board of zoning
adjustment, no reapplication or new application for the same
conditional use permit shall be considered or heard by the board of
zoning adjustment or the city council for a period of one year..
However, where a change has occurred which, in the sound discretion
of the city council or the board o~.f~9~ing adjustment, indicates
that a new ,,hearing should be ~on an application for a
conditional use permit and where a showing has been made to the
city council or the board of zoning adjustment that the public
interest would best be served by reconsideration or new
consideration, the prohibition of this subsection may be waived
after a finding by the body petitioned that the public interest
would best be served 'by a reconsideration of a new hearing.
SECTION 2.
This Ordinance Shall be posted in accordance with
provisions of the Bakersfield Municipal Code and shall become
effective thirty (30) days from and after the date of it's passage.
o0o