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HomeMy WebLinkAbout01/15/1997 BAKERSFIELD Kevin McDermott, Chair Randy Rowles Patricia M. Smith Staff: Gail E. Waiters AGENDA URBAN DEVELOPMENT COMMITTEE Wednesday, January 15, 1997 12:15 p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue Bakersfield, CA 1. ROLL CALL 2. APPROVAL OF DECEMBER 11, 1996 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. KIOSK SIGN PROGRAM - Hardisty B. REVISED PROPOSED 1997 MEETING SCHEDULE - Waiters 6. NEW BUSINESS A. NOR PARK DEVELOPMENT FEES - Hardisty 7. ADJOURNMENT GEW:jp ,FILE COPY BAKERSFIELD /~~~ Kevin McDermott, Chair St ~an Tandy, City Manager Randy Rowles fi: Gail E. Waiters Patricia M. Smith AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMITTEE Wednesday, December 11, 1996 12:15 p.m. City Manager's Conference Room 1. ROLL CALL Call to Order at 12:45 p.m. Present: Councitmembers Kevin McDermott, Chair; and Randy Rowles Absent: Councilmember Patricia Smith 2. APPROVAL OF OCTOBER 16, 1996 MINUTES Approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS A. SPHERE OF INFLUENCE AMENDMENT Staff gave an overview of the areas proposed for the expanded sphere of influence and distributed a written proposal to the Committee. The expansion takes in all areas already identified in the 2010 plan. Enron Oil and Gas Company made a presentation to the Committee and asked that they participate early on in the O AFT URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Wednesday, December 11, 1996 Page -2- discussions regarding potential annexations that would take place within the proposed sphere expansion around oil field sites. The Committee asked that periodic briefings be placed on their agenda. The City Attorney passed out a legal analysis regarding the sphere of influence. B. KIOSK SIGN PROGRAM Staff distributed a memo outlining the Planning Commission's remarks and reiterating their proposal for the Kiosk Sign Program. Since Councilmember Smith was not in attendance, the Committee asked staff to schedule a joint meeting with the Planning Commission to review Committee comments. 6. NEW BUSINESS A. STANDARDS FOR UTILITIES IN RIGHT-OF-WAY The Committee addressed issues regarding how, when and what the City should allow when a utility requests to cut into a street, Staff was asked to bring back a proposal specifically outlining what constitutes an essential versus non-essential public service. B. NONCONFORMING STRUCTURES, USES AND LOTS The Committee approved the changes to the ordinance and recommended adoption by the Council. The BIA and Board of Realtors support the changes proposed. C. PROPOSED 1997 MEETING SCHEDULE The Committee decided to wait until new Council committee appointments were made to adopt the full meeting schedule. The January 15 meeting was adopted. 7. ADJOURNMENT Adjourned at 1 '50 p.m. GEW:jp URBAN DEVELOPMENT COMMITTEE - 1997 PROPOSED MEETING SCHEDULE WEDNESDAYS (~ 12:15 PM COMMITTEE MEETING COUNCIL MEETING None January 8 January 15 January 22 None None February 12 February 19 None March 12 March 19 March 26 None April 9 April 16 April 23 None* May 7 None* May 21 June 4 June 11 None June 25 July 9 July 16 None None None August 6 August 13 August 20 None September 10 September 17 September 24 None October 8 October 15 October 22 None November 5 None* November 19 None December 3 December 10 December 17 *No meeting scheduled because of budget hearings/holidays. Rev. 1/97 : [ -MEMORANDUM ..... ~'~ October 28, 1996 TO: URBAN DEVELOPMENT COMMITTEE FROM:,,~...--- STANLEY GRADY. PLANNING DIRECTOR SUBJECT: COMMENTS FROM THE PLANNING COMMISSION'S SIGN COMMITTEE ON PROPOSED CHANGES TO THE PROPOSED KIOSK SIGN PROGRAM The sign committee of the Planning Commission met on Wednesday, October 23, 1996, to discuss proposed changes from members of the Urban Development Committee. The three member sign committee unanimously agreed that they could not support the proposed changes. Specific concerns were: I. The proposed changes were not an improvement over the original proposal. 2. The committee could not endorse builders signs in the right-of-way without public benefit. 3. Allowing individual KIOSK signs at 25' apart would create the "Burma Shave" look of the fifties. 4. Individual builder KIOSK signs could take prime spaces leaving the worst sites available for participants in a managed KIOSK program. 5. Allowing use of the right-or:way is a benefit and should require enhancement through a unified design. Suggestions that they thought could improve the program were: 1. Allowing one off-site builder sign in addition to participation on a KIOSK. 2. Extending time tbr removal of existing KIOSK signs from one year to eighteen months or two years. This ;vas based on intbrmation presented during the committee review that major repair to signs are usually required during that time tYame and that would be an appropriate time to remove the sign. The sign committee felt that a joint meeting might be beneficial. It would allow them to explain the rationale behind their proposal and work with the Urban Development Committee to resolve their concerns regarding the KIOSK sign program. SG:pjt re\mdc 10-25 BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM ., DATE: DECEMBER 11, 1996 TO: URBAN DEVELOPMENT COMMITTEE R /, '//"'": FROM: RAUL M. ROJAS. PUBLIC WORKS DIRECTO ,,,.~.~.- ~" .,~' SUBJECT: POLICY ON STREET CUTS Approximately one year a~o. City staff was approached bv 'a communications company wanting, to pl~ce fibre optic cable throughout the City. Their initial request was to route these c~bles within streets that were just reconstructed such as California Avenue. Shortlv after this initial request, no less than five (5) other companies inquired about doing the same construction alon~ the same path. It was then determined that each company wanted separate facilities due to extreme competition. Ut~on advise from the City Attorney's office, we were informed that the City must allow th~se companies access wiihin our right of way due to a State Franchise they possess. Our oniv recourse was through the permitting process. As a result of extensive degradation to our streets these companies would produce, staff developed a "Pavement D~radation Fee" to be applied at issuance of the permit. The criteria was established as follows: Condition of existing street Requirement 1. Newly paved or constructed streets- Full reconstruction of affected lane 2. Pavement in "good" condition Pay fee to resurface lane 3. Pavement in "fair"' condition Pav l/2 fee to resurface lane 4. Pavement in need of resurfacing Patch per City Standards This criteria was based on a "Pavement Index" as established in our Pavement Management System. In light of the recent experience with GST who recentlv worked on Truxtun Avenue. stricter measures could be imposed including, but not limited to: I. Moratorium on any cuts in newly paved streets for 3 vears (5 years'?). -. Requirement to pave 1/2 of street along entire length~ of cut. 3. Pa~ng higher "degradation': fee. cc Jack LaRocheile Marian Shaw December 10, 1996 TO: URBAN DEVELOPMENT COMMI'FI'EE FROM: ~ STANLEY GRADY, Planning Director SUBJECT: Proposal to amend the City's Sphere of Influence Three areas have been identified for the purpose of considering an amendment to the City's Sphere of Influence. The boundary of each area was plotted taking into account the city's existing SOl and the boundary of the Metropolitan 2010 General Plan. The areas are simply referred to as the west area, east area and south area. The territory of the west area is approximately ninety four square miles. Planning for urbanization of the majority of the territory in this area has been completed by the County of Kern. The county planning for the area is contained in four specific plans: Western Rosedale Specific Plan, Rosedale Ranch Specific Plan, McAIlister Ranch Specific Plan and the Pacificana Specific Plan. Together they represent approximately 67 square miles of planned urban development. The area also contains the city's water recharge area, Kern Water Agency land and the Kern Water Bank. The territory of the area to the east is approximately eighteen square miles. A portion of this area is covered by the Breckenridge Specific Plan. The territory of the area to the south is approximately thirty-six square miles. The general plan designations for this area are mostly resource intensive agriculture with some rural residential, minimal commercial and a portion of the city's sewage treatment plant. The Metropolitan 2010 Plan is a jointly-adopted general plan. The plan covers the territory of the City of Bakersfield and the portion of the county within the Metropolitan planning area. However, the referenced specific plans are only part of the county's general plan. The territory previously described for the west and east areas looks very different on the city's general plan map. For example, in the west the three largest land use categories are resource intensive agriculture, resource mineral petroleum and open space. A table is attached as Exhibit A that shows the land use designations for the study areas according to the city's general plan. Decemoer i0, 1996 Memo - Urban Development Commim~ee Page 2 The territory of some or all of the three study areas could become part of a resolution to amend the city's SOl. A general plan amendment would be necessary to incorporate all or some of the referenced specific plans into the city's general plan, if we intend on using the specific plans to provide the documentation needed for LAFCO's 56425 - statement of determination. The required documentation and the relevant source material is contained in Exhibit "B." The CEQA analysis would rely on the environmental documents certified for the respective specific plans. An outline of a proposed course of action is as follows: 1. Determination of amended spl~ere boundary. 2. Determination regarding amending the city's general plan to include some or all of the county specific plans. 3. Review the specific plans and environmental documents for territory comprising the proposed SOl amendment. 4. Determination of proposed land use designations for territory within the proposed SOl amendment boundary that is not part of a specific plan. 5. Prepare initial study for proposed SOl amendment. 6. Meet with LAFCO Executive Director to discuss proposal. 7. Proceed with staff level work to complete an application to LAFCO including but not limited to: a) Preparation of a legal description for proposed boundary. b) Completion of CEQA analysis and determination of appropriate environmental document. c) Completion of response to LAFCO questionnaire and statement of determinations. d) Preview completed draft application with LAFCO Executive Director. The completion of the documentation required for the application will require participation from other city departments. Departments responsible for providing public services will need to provide information regarding service capacity and needs. They will need to respond to LAFCO questionnaire number II attached as Exhibit "C." Staff is in the process of obtaining and reviewing the referenced plan documents. Once a boundary is selected staff can proceed as suggested in this memo and provide updates to the committee anytime during the process. SG/ld MSOI SPHERE OF INFLIJENCE STUDY AREAS CITY of BAKERSFIELD METRO 2010 LAND USE DESIGNATIONS WEST AREA SOUIII AREA -FIRST AREA {~;XL AREA l MII,E .I. MII.E [ 1 MII,E {.~II,E ~ 37.76 ........ %.%~' 7.51 0.01 12.47 0.02 57.74 0.09 ;iiU ........................ ...... 6.i6 ...... ........ h]¥i': ....... .......... h 6i ..... i5b 5' 0.22 HI .... i ........ o.oo o.oo 0.00 ........ ~]~ ..... ~7~'~ 0.01 4.97 0.01 I.I 4.19 0.01 0.00 0.00 14.44 0.02 18.63 0.03 I.MR 48.07 0.08 0.00 0.00 0.00 0.00 48.07 0.08 I.R 2.62 0.00 0.00 0.00 0.00 0.00 2.62 0.00 P 8.00 0.01 2,819.20 4.41 32.93 0.05 2,860.13 4.47 PS 69.33 0.11 9.05 0.01 13.05 0.02 91.43 PT 0.00 0.00 0.00 0.00 111.47 0.17 111.47 0.17 RR ~ 0.45 1,874.29 2.93 454.70 0.71 2,615.23 4.09 R - EA 0.00 0.00 0.00 0.00 2,389.45 3.73 2,389.45 3.73 / - IA 44,807.07 70.01 18,177.60 28.40 4,751.94 7.43 67,736.61 105.84 R-MI' 7,596.01 11.87 0.00 0.00 2,569.92 4.02 10,165.93 15.89 SI 169.72 0.27 55.21 0.09 95.73 0.15 320.66 0.50 SR 1,090.50 1.70 0.00 0.00 611.09 0.96 1,701.59 ....... ~.~ TOI~I.S 60,255.99 94.15 ~ 23,187.12. 36.23 11,534.76 18.02 94,977.90 1~.40 __Legend ];JR -~'t~ib.-lT~iLl~fi~l - Min. I net acre/d-flit C,C - General Commercial IIC - llighway Commercial Ill - Heavy Industrial IIMR - High/Medium density Residential - County < = 17.42 du/net acre; City > 7.26 alu/net acre & < = 17.42 du/nct acre 1I - Light Industrial I,MR - lx~w/Medium Density Residential - County < = 10 du/net acre; City > 4 du/net acre & < = 10 du/net acre I,R - Ix3w Density Residential < = 7.26 du./net acre OS - Open Space - Includes resource ~ngmt., agriculture and floodplains P - Public Facility - Includes govl. bldgs., hospitals, public utilities, sewer treatment, waste disposal and other publicly owned facilities PS - Public and private schools PT - Public transportation corridors RR - Rural Residential - Min. 2.5 gross acreYuuit R-EA - Extensive agricultural - Min. 20 acre parcel size (under Williamson Act min. 80 acre parcel size) R- IA - Intensive agriculture - Min. 20 acre parcel size R-MP - Mineral petroleum and min. 5 acre parcel size SI - Service Industrial SR - Suburban Residential - < = 4 du/net acre Exhibit "A" Sphere of Influence Amendment Government Code 56425 - LAFCO Statement of Determinations A. Present and planned land uses in the area including agriculture and open-space lands. 1. General plan designations of areas to be added a. Metropolitan Bakersfield 2010 General Plan Sphere of Influence Study Area 1. Western Rosedale Specific Plan a. Rosedale Ranch Specific Plan 2. McAIlister Ranch Specific Plan 3. Pacificana Specific Plan 4. Breckenridge Hills Specific Plan b. Kern County Water Agency c. Kern Water Bank c. Kern River - City of Bakersfield Recharge Area 2. The Agency's growth policies and annexation program: a. Metropolitan 2010 General Plan b. Council goals c. City Manager's annexation program 3. Explanation of why this proposal would not conflict with the goals of Government Code Section 56377. § 56377. Open-space lands In reviewing and approving or disapproving proposals which could reasonably be expected to induce, facilitate, or lead to the conversion of existing open-space lands to uses other than open-space uses, the Commission shall consider all of the following policies and priorities: (a) Development or use of land for other than open-space uses shall be guided away from existing prime agricultural lands in open-space use toward areas containing nonprime agricultural lands, unless that action would not promote the planned, orderly, efficient development of an area. (b) Development of existing vacant or nonprime agricultural lands for urban uses within the sphere of influence of a local agency should be encouraged before any proposal is approved which would allow for or Requested for SOl Amendment Page 2 lead to the development of existing open-space lands for non-open-space uses which are outside of the existing jurisdiction of the local agency or outside of the existing sphere of influence of the local agency. 4. Urban infill policies. a. Metropolitan 2010 General Plan 5. Agricultural and open space conservation plan and policies if project includes prime agriculture or open space. a) Policies of the Metropolitan 2010 General Plan b) Definition of prime agriculture land and open space. c) Maps indicating prime agriculture land. B. The present and probable need for public facilities and services in the area. 1. Plan for Services contained in the adopted specific plans listed below and the Metropolitan 2010 general plan: a. Western Rosedale Specific Plan b. Rosedale Ranch Specific Plan c. McAIlister Ranch Specific Plan d. Pacificana Specific Plan e. Breckenridge Speci[ic Plan C. The present capacity of public facilities and adequacy of public services which the agency provides or is authorized to provide. 1. Availability of urban services and public facilities. a. Development Services 1. Planning 2. Subdivisions 3. Building Inspection b. Public Facilities EXHIBIT "B" Requested for SOl Amendment Page 3 -- 1. Parks and Recreation 2. Library 3. Schools c. Public Safety 1. Police 2. Fire e. Public Works 1. Wastewater 2. Domestic Water 3. Storm Drainage 4. Street Maintenance 5. Capital Improvements 2. Service agencies providing urban services. D. The existence of any social or economic communities of interest in the area. I. Identity of community interest and needs (reason for application). 2. Impediments to annexation and rationale to overcome said impediments. E. Written Summary of Projected Capital Facilities and need of capacities. EXHIBIT"B" LOCAL AGENCY FORMATION COMMISSION COUNTY OF KERN SPHERE OF INFLUENCE QUESTIONNAIRE 11 1. Name of Agency: 2. Street Address: 3. Mailing Address: Telephone: 4. What is the present and estimated future population within the agency? Present: 2000: 2010: 2020: 5. What is the range of services now provided by the agency? 6. Does the present range of services fulfill the present needs of the territo~, within the agency? If not, describe inadequacies? 7. What are the probable future service needs of the territory within the agency up to the year 20107 8. Does your agency provide services to any area outside the boundaries of the agency? If so, describe the area(s) and the services? EXHIBIT "C" 7,". SOl Questionnaire II -- Page 2 9. Within the capability of the present agency facilities, can your agency provide services to adjacent territory not now within the agency? If so, describe the services and the potential service area. 10. Are the services provided by other local agencies within the territory of your agency adequate? If not, describe the nature of any asserted inadequacy. 11. What type of development is now occurring, or is planned for the territory within your agency including, but not limited to residential, commercial and industrial development? Present: 2010: 12. Does the Agency contemplate any annexations(s) within the next five years which total more than 100 acres? If so, a general description of the proposed annexation(s) and acreage involved. 13. Describe the existing facilities used by your agency in carrying out the functions of the agency. 14. Describe any new facilities contemplated for use by your agency in the performance of its functions up to the year 2010. EXHIBIT "C" SOI Questionnaire II Page 3 15. Are there agricultural preserves within the area being considered within the proposed sphere of influence? ;}'es: no: Can the physical and economic integrity of such preserves be maintained in the event such preserves are included within the sphere of influence of the agency? 16. What are the methods of financing your district? (I.e. service charges, etc.) 17. If your agency is an incorporated city, please furnish names of the following city officers: City Clerk: City Manager/Administrator: Planning Director: Attorney: Community Services Director/City Engineer: Date: Submitted by: (Type or print name) (Signature) (Title) (Note: If spaces for replies are inadequate in any case, please attach supplemental sheets with corresponding paragraph identificationO Note: Attached Exhibit "A " (Figure "D") refiects the proposal for the amended Sphere of lnfluence. SG:pjt December 10. 1996 p:rsoia-sg EXHIBIT "C" SPHERE OF INFLUENCE STUDY AI~,~EAS ! ~j= . ~- ~ ~ , -__-_ - ~ C' -~. ~- ~ ' ~ 1" ~ ~0,000~ - MEMORANDUM December 11, 1996 TO: URBAN DEVELOPMENT COMMITTEE KEVIN MCDERMOTT, Chair RANDY ROWLES PATRICIA M. SMITH FROM: JUDY K. SKOUSEN, City Attorney , SUBJECT: SPHERE OF INFLUENCE - LEGAL OVERVIEW AND ANALYSIS The purpose of this memorandum is to provide the Committee with a legal overview of the applicable laws and procedures for the determination of and amendment to spheres of influence and to provide a historical analysis of the City of Bakersfield's sphere of influence and the changes thereto. Based upon this legal overview and analysis, staff anticipates developing an amendment to the City's current sphere of influence which will be compatible with the goals of the City, as expressed in the 2010 Plan, and as developed in response to community needs and changes. A. The Intent of the Legislature. The Cortese-Knox Local Government Reorganization Act of 1985 (Division 3 of Title 5, Local Agencies) was added to the Government Code by section 3 of chapter 541 of the Statutes of 1985. The Act became effective September 9, 1985 and operative on January 1, 1986. Attached hereto as Exhibit "A" is an outline of Government Code provisions applicable to the Act as a whole with special emphasis on those provisions related to sphere of influence. One of the reasons for this new law was to consolidate the three major laws used by California's local governments for boundary changes into a single, unified law. The three existing laws which had governed changes in the boundaries and organization of cities and special districts in California were: (1) the Knox-Nisbet Act of 1963 (which established local agency formation commissions (LAFCOs) and gave them regulatory authority over local agency boundary changes); (2) the District Reorganization Act of 1965 (DRA) (which combined the separate laws governing special district boundaries into a single statute); and (3) the Municipal Organization Act of 1977 (MORGA). URBAN DEVELOPMENT COMMITTEE Page 2 December 11, 1996 The stated legislative policy behind the Act was: to encourage orderly growth and development which are essential to the social, fiscal, and economic well-being of the state. The Legislature recognizes that the logical formation and determination of local agency boundaries is an important factor in promoting orderly development. Therefore, the Legislature further finds and declares that this policy should be effected by the logical formation and modification of the boundaries of local agencies. The Legislature finds and declares that a single governmental agency, rather than several limited purpose agencies, is in many cases better able to assess and be accountable for community service needs and financial resources and, therefore, is the best mechanism for establishing community service priorities. (Emphasis added.) (Government Code section 56001.) The "single governmental agency" created by the Legislature to accomplish the foregoing policy was the Local Agency Formation Commission, otherwise known as LAFCO. (Government Code section 56300.) In forming LAFCO, the Legislature emphatically restated its policies as enumerated above in not one but two code sections. These code sections are as follows: § 56300. Legislative intent. It is the intent of the Legislature that each commission establish policies and exercise its powers pursuant to this part in a manner that encourages and provides planned, well-ordered, efficient urban development patterns with appropriate consideration of preserving open-space lands within those patterns. URBAN DEVELOPMENT COMMITTEE Page 3 December 11, 1996 § 56301. Purpose and object of commission. Among the purposes of a commission are the discouraqement of urban sprawl and the encouragement of the orderly formation and development of local aqencies based upon local conditions and circumstances. One of the objects of the commission is to make studies and to obtain and furnish information which will contribute to the logical and reasonable development of local agencies in each county and to shape the development of local agencies so as to advantageously provide for the present and future needs of each county and its communities. (Emphasis added.) As part of the statutory scheme "to encourage orderly growth and development," the Legislature adopted the use of "Spheres of Influence." In so doing, the Legislature made it abundantly clear that the use of spheres of influence was intended to further its legislative intent by once again restating that intent, this time in the chapter on spheres of influence itself. In this regard, the Legislature codified its intent as follows: In order to carry out its purposes and responsibilities for planning and shaping the logical and orderly development and coordination of local governmental agencies so as to advantageously provide for the present and future needs of the county and its communities, the commission [LAFCO] shall develop and determine the sphere of influence of each local governmental agency within the county. (Emphasis added.) (Government Code section 56425.) Moreover, to further realize the accomplishment of its intent, the Legislature also mandated that initial spheres of influence be established by dates certain. In the case of a local agency like the City of Bakersfield, that date was January 1, 1985. (Government Code section 56426(a).) Furthermore, in order to ensure the continued effectuation of its intent, the Legislature mandated that LAFCO "periodically review and update the adopted sphere." (Government Code section 56425(b).) URBAN DEVELOPMENT COMMITTEE Page 4 December 11, 1996 B. Determination of Spheres of Influence. Government Code section 56076 defines "sphere of influence" as "a plan for the probable physical boundaries and service area of a local agency, as determined by the commission [LAFCO]." In determining the sphere of influence of each local agency, the commission shall consider and prepare a written statement of its determinations with respect to each of the following: (1) The present and planned land uses in the area, including agricultural and open-space lands. (2) The present and probable need for public facilities and services in the area. (3) The present capacity of public facilities and adequacy of public services which the agency provides or is authorized to provide. (4) The existence of any social or economic communities of interest in the area if the commission determines that they are relevant to the agency. (Government Code section 56425(a).) Necessarily, the application of the four criteria enumerated above must be in furtherance of the stated policy of the statute. Government Code section 56107 states that: "This division shall be liberally construed to effectuate its purposes." C. Amending Spheres of Influence. In addition to LAFCO's statutory duty to "periodically review and update the adopted sphere" of influence, local agencies, like the City of Bakersfield, may seek amendments to the sphere of influence. In seeking such an amendment, the local agency must file a written request with LAFCO which "(1) shall state the nature of the proposed amendment, (2) state the reasons for the request, (3) include a map of the proposed amendment, and (4) contain any additional data and information as may be required by the executive officer." (Government Code section 56428(a).) URBAN DEVELOPMENT COMMITTEE Page 5 December 11, 1996 Concerning the fourth requirement for a sphere of influence amendment request, LAFCO has recently adopted some new Procedures, Standards and Policies which require the following information: 1. The present and planned land uses in the area, including agricultural and open-space lands. (Section 56425(a)(1).) (a) General Plan designations of areas to be added. (b) The agency's growth policies and annexation programs. (c) Explanation of why the proposal would not conflict with the goals of Government Code section 56377. (d) Urban infill policies. (e) Agricultural and open space conservation plan or policies if project includes prime ag land or open space. 2. The present and probable need for public facilities and services in the area. (Section 56425(a)(2).) 3. The present capacity of public facilities and adequacy of public services which the agency provides or is authorized to provide. (Section 56425(a)(3).) (a) Availability of urban services and public facilities. (b) Service agencies providing urban services. 4. The existence of any social or economic communities of interest in the area. (Section 56425(a)(4).) (a) Identity of community of interest and needs (reason for application). (b) Impediments to annexation and rationale to overcome said impediments. Government Code section 56377 referred to in paragraph 1(c) immediately above states: In reviewing and approving or disapproving proposals which could reasonably be expected to induce, facilitate, or lead to the conversion of existing open-space lands to uses other than open-space uses, the commission shall consider all of the following policies and priorities: URBAN DEVELOPMENT COMMITTEE Page 6 December 11, 1996 -- (a) Development or use of land for other than open-space uses shall be guided away from existing prime agricultural lands in open-space use toward areas containing nonprime agricultural lands, unless that action would not promote the planned, orderly, efficient development of an area. (b) Development of existing vacant or nonprime agricultural lands for urban uses within the existing jurisdiction of a local agency or within the sphere of influence of a local agency should be encouraged before any proposal is approved which would allow for or lead to the development of existing open-space lands for non-open-space uses which are outside of the existing jurisdiction of the local agency or outside of the existing sphere of influence of the local agency. Once the City has submitted a complete written request for an amendment to its sphere of influence, the Executive Officer of LAFCO is then required to comply with the California Environmental Quality Act (CEQA) as set forth in the Public Resources Code at sections 21000 and following. (Government Code section 56428(b).) With respect to the environmental review of any proposed amendment to the City's sphere of influence, the City will assist the LAFCO Executive Officer by gathering all necessary information, documentation and studies which would be required for either and Environmental Impact Report (EIR) or a Negative Declaration. The City can tie all this environmental documentation to the related General Plan Amendment thereby making the CEQA findings which can simply be adopted by LAFCO. Once the CEQA process has been completed, the Executive Officer for LAFCO then places the amendment request on the next available agenda for which notice can be timely given. (Government Code section 56428(b).) Prior to the hearing, the Executive Officer is required to review the amendment request and prepare a report and recommendation for LAFCO. In addition to being submitted to LAFCO as part of the amendment request, the ExeCutive Officer's report is also distributed to the requesting agency, "each affected local agency, and each person who has filed a request for a report." (Government Code section 56428(c).) URBAN DEVELOPMENT COMMITTEE Page 7 December 11, 1996 At the hearing, LAFCO shall consider the request and any oral or written testimony presented concerning the request. LAFCO may also continue the matter for a period not to exceed 70 days. At the conclusion of its consideration, LAFCO may approve the request, deny the request, or approve the request with amendments and/or conditions attached. (Government Code sections 56428(d) & (e).) Pursuant to Government Code section 56107: "All determinations made by a commission under, and pursuant to, this division shall be final and conclusive in the absence of fraud or prejudicial abuse of discretion. Prejudicial abuse of discretion is established if the court finds that any determination of a commission or a legislative body was not supported by substantial evidence in light of the whole record." Review for prejudicial abuse of discretion would be pursued by a writ of mandate filed in the Kern County Superior Court. D. The City of Bakersfield's Sphere of Influence. 1. Historical Analysis: The City of Bakersfield original "zone of influence" was adopted by the predecessor to LAFCO under the predecessor statute on March 24, 1970. Over the next 15 years, two amendments were made to this sphere of influence by the predecessor agency to LAFCO under the predecessor statute. On March 11, 1986, the current LAFCO adopted the City's initial sphere of influence under the present statutory scheme. Since the adoption of this initial sphere of influence, there have been five amendments thereto. Attached hereto as Exhibit "B" is a chart summarizing the History of Sphere of Influence Changes for the City of Bakersfield. 2. Legal Analysis: From the foregoing statutory analysis, it becomes clear that spheres of influence are only a part of the overall land use planning scheme. Moreover, it is also clear that spheres of influence are not stand alone components to land use planning. It should come as no surprise, then, that LAFCO's newly amended Procedures, Standards and Policies contain an explicit requirement that any sphere of influence amendment request contain an indication of: "The General Plan designations of areas to be added." (See page 4.) URBAN DEVELOPMENT COMMITTEE Page 8 December 11, 1996 Reference to the General Plan in this context is consistent with the Legislative intent discussed above. That the Legislature is serious with respect to this intent cannot seriously be doubted given the fact that it codified and recodified this intent several times in the Act. Moreover, the Legislative intent expressed in the Knox-Cortese Act is entirely consistent with the Legislative intent behind the requirement for and expected benefits derived from General Plans. In this regard, the Legislature has declared in Government Code section 65300 that: Each planning agency shall prepare and the legislative body of each county and city shall adopt a Comprehensive, long-term general plan for the physical development of the county or city, and of any land outside its boundaries which in the planning agency's judgment bears relation to its planning. Chartered cities shall adopt general plans which contain the mandatory elements specified in Section 65302. The Legislature further declared in Government Code section 65300.5 "that the general plan and elements and pads thereof comprise an integrated, internally consistent and compatible statement of policies for the adopting agency." The General Plan itself is required to contain an extensive element on land use development. Government Code section 65302 requires that: The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements: (a) A land use element which designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, and other categories of public and private uses of land. The land use element shall include a statement of the standards of URBAN DEVELOPMENT COMMITTEE Page 9 December 11, 1996 population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify areas covered by the plan which are subject to flooding and shall be reviewed annually with respect to those areas .... Moreover, "[a]fter the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following: (a) Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan." (Government Code section 65400.) Thus, there is an unmistakable synergism between the General Plan and the City's sphere of influence. Indeed, the current areas being evaluated for inclusion within the City's sphere of influence are areas within the City's 2010 General Plan. Therefore, it is reasonable to anticipate that in the process of amending the City's sphere of influence, corresponding amendments to the General Plan will be necessary to effectuate the Legislative intent and to comply with the requirements of the Government Code, both procedurally and substantively. The City will do CEQA findings as part of this General Plan process which can then be used by LAFCO for the sphere of influence amendment. In the final analysis, there is no reason why the City of Bakersfield cannot successfully amend its sphere of influence to accomplish the goals envisioned by the Legislature and provide for the orderly growth and development of the City. JKS:WHP:Iaa S :',PLAN',S PHERE.tN ~E MOS',OVE RVIEW.ANA OUTLINE OF GOVERNMENT CODE PROVISIONS APPLICABLE TO SPHERE OF INFLUENCE TITLE 5. Local Agencies (9 50001) DIVISION 3. Cortese-Knox Local Government Reorganization Act of 1985 (§ 56000) PART 1. General (9 56000) CHAPTER 1. Legislative Findings and Declarations.(9 56000) CHAPTER 2. Definitions (9 56010) § 56076. "Sphere of influence" CHAPTER 3. Introductory and General Provisions (9 56100) CHAPTER 4. Notice (9 56150) PART 2. Local Agency Formation Commission (§ 56300) CHAPTER 1. General (§ 56300) CHAPTER 2. Formation of Commission and Selection of Commissioners (9 56325) CHAPTER 3. Powers (§ 56375) CHAPTER 4. Spheres of Influence (9 56425) § 56425. Determination of spheres of influence § 56426. Adoption of spheres of influence §56426.5. Proposal for incorporation; Reorganization including incorporation § 56427. Hearing § 56428. Requests for amendments to adoptions by commission § 56430-56444. [Sections repealed] S :.,PL.~N~,S pH ERE. IN F~RES E.M~C H\GC - p RO VS EXHIBIT" CHAPTER 5. Special Districts (§ 56450) CHAPTER 6. Reorganization Plans (§ 56475) PART 3. Commission Proceedings for a Change of Organization or Reorganization (§ 56650) CHAPTER 1. General (§ 56650) CHAPTER 2. Form, Filing, and Certification of Petition (§ 56700) CHAPTER 3. Signature Requirements for Petitions (§ 56750) CHAPTER 4. Resolution of Application (§ 56800) CHAPTER 5. Commission Proceedings (§ 56825) PART 4. Conducting Authority Proceedings for Changes of Organization or Reorganization (§ 57000) CHAPTER 1. General (§ 57000) CHAPTER 2. Notice of Hearing (§ 57025) CHAPTER 3. Conduct of Hearing (§ 57050) CHAPTER 4. Resolution of Conducting Authority (§ 57075) CHAPTER 5. Resolution for Order Subject to Election (§ 57100) CHAPTER 6. Elections (§ 57125) CHAPTER 7. Resolution Confirming Election Results (§ 57175) CHAPTER 8. Completion and Effective Date of Change of Organization or Reorganization (§ 57200) PART 5. Terms and Conditions and Effect of a Change of Organization or Reorganization (§ 57300) CHAPTER 1. General (§ 57300) CHAPTER 2. Effect of Annexation (§ 57325) S:~nLA.N-~S PHERE. IN F~RESE ARC HGC-PROVS CHAPTER 3. Effect of Detachment (§ 57350) CHAPTER 4. Effect of Incorporation (§ 57375) CHAPTER 5. Effect of Disincorporation (§ 57400) CHAPTER 6. Effect of Dissolution (§ 57450) CHAPTER 7. Effect of Consolidation of Cities (§ 57475) CHAPTER 8. Effect of Consolidation of Districts (§ 57500) CHAPTER 9. Mergers and the Establishment of Subsidiary Districts (§ 57525) CHAPTER 10. Effect of Reorganization (§ 57550) Editors Notes-- The drafters of Chapter 541 of the Statutes of 1985 have provided the following note: The Cortese-Knox Local Government Reorganization Act of 1985 is the result of several years of cooperative effort between Assemblyman Dominic Cortese, Chairman of the Assembly Committee on Local government, and the California Association of Local Agency Formation Commissions (CALAFCO). The new law, which will go into effect on January 1, 1986, consolidates the three major laws used by California's local governments for boundary changes into a single, unified law. Three existing laws have governed changes in the boundaries and organization of cities and special districts in California: 1. The Knox-Nisbet Act of 1963, which established local agency formation commissions (LAFCOs) and gave them regulatory authority over local agency boundary changes. 2. The District Reorganization Act of 1965 (DRA), which combined the separate laws governing special district boundaries into a single statute. 3. The Municipal Organization Act of 1977 (MORGA), which consolidated various laws on city incorporation and annexation into one law. S :~PLA.~S PH ERE. INF, RES EARC I~,,GC- PROVS These three la_ws contain many parallel and duplicative provisions. However, similar procedures vary slightly from one law to another, and the procedures necessary for one type of boundary change may be found in widely separated sections of the three laws. Although MORGA is the most current revision of city annexation statutes, many cities in the state are required to use DRA so that areas being annexed can be simultaneously detached from special districts. All three laws contain application and hearing procedures for LAFCOs, but there are inconsistencies between them. This situation can make city and district boundary changes unnecessarily confusing and complicated for local agencies and LAFCOs, as well as for residents and property owners. S :XPLA.¥,.S PHERE. IN F, RES EARCH~,CJC-PROVS CITY OF BAKERSFIELD HISTORY OF SPHERE OF INFLUENCE CHANGES Amendment Planning City Council LAFCO Scope No. Commission Original 7/16/69 7/21/69 3/24/70 Original Map of Zone of Influence approved by the Bakersfield City Council. ! 2/16/77 2/28/77 4/26/77 Rio Bravo Annexation. 77-1 16-77 2 6/7/78 6/14/78 8/8/78 Kern River and additional lands. 78-1 58-78 78-34 3 I / 16/86 2/5/86 3/11/86 86-1 86-8 4 3/19/87 5/6/87 10/13/87 87-1 87-34 5 1/9/88 2/24/88 Renfro it __ Annexation. 87-2 31-88 6 3/17/88 5/18/88 10/25/88 88-1 28-88 77-88 88-37 7 4/20/89 6/14/89 8/22/89 89- l 17-89 110-89 S:\PI ,AN\SPI IERE.INI,\RESEARCi I\tlISTORY.Cl IG EXHIBIT" £" ORDINANCE NO. AN ORDINANCE AMENDING SECTION 17.04.470, ADDING SECTIONS 17.04.472, 17.04.474, 17.04.476, AND CHAPTER 17.68, AND REPEALING SECTIONS 17.04.480, 17.08.060, 17.08.070, 17.08.080,17.08.090,17.42.080,17.44.090, 17.57.080, AND 17.69.050 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO LEGAL NONCONFORMING STRUCTURES, USES, AND LOTS. WHEREAS, in accordance with the procedure set forth in Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a proposal to amend the text of Title 17 of the Bakersfield Municipal Code; specifically, amending Section 17.04.470, adding Sections 17.04.472, 17.04.474, 17.04.476, and Chapter 17.68, and repealing Sections 17.04.480, 17.08.060, 17.08.070, 17.08.080, 17.08.090, 17.42.080, 17.44.090, 17.57.080, and 17.69.050 of the Bakersfield Municipal Code relating to legal nonconforming structures, uses, and lots; and WHEREAS, by Resolution No. 95-96 on September 19, 1996, the Planning Commission recommended approval and adoption of said ordinance amendments and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and WliEREAS, the Planning Commission, as a result of said hearing, did make findings of fact which found the proposal to be exempt from the provisions of the California Environmental Quality Act (CEQA) according to the City of Bakersfield's CEQA Implementation Procedures (Section IV.B3(d) - Class 5); and WHEREAS, the law and regulations relating to the CEQA has been duly followed by city staff, the Planning Commission and this Council. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield, as follows: 1. The Planning Commission findings as contained in Resolution No. 95-96 are adopted as the Council's own 2. The proposed text amendments to Title 17 are approved as follows: SECTION 1. Section 17.04.472 is hereby added to the Bakersfield Municipal Code to read as follows: 17.04.472 NONCONFORMING LOT~ LEGAL. "Legal nonconforming lot" means a lot, its area, frontage, or dimensions, that complied with subdivision and zoning ordinances for the zone district that was in place when the lot was created, but which no longer conforms to the present subdivision and zoning ordinances. SECTION 2. Section 17.04.474 is hereby added to the Bakersfield Municipal Code to read as follows: 17.04.474 NONCONFORMING STRUCTURE~ LEGAL.. "Legal nonconforming structure" means a structure or building, its size, dimensions, setbacks, ..... ~'r~Xirnity to other buildings, or other location, that complied with the zoning ordinance for the zone district that was in place when the structure was constructed, but which no longer conforms to the present zoning ordinance. SECTION 3. Section 17.04.47(~ is hereby added to the Bakersfield Municipal Code to read as follows: 17.04.476 NONCONFORMING USE~ LEGAL. "Legal n°nconform~ng use" means a use or activity that complied with the zoning ordinance for the zone district that was in place when the use was established, but which no longer conforms to the present zoning ordinance. SECTION 4. Chapter 17.68 is hereby added to the Bakersfield Municipal Code to read as follows: Chapter 17.68 NONCONFORMING USES, STRUCTURES, AND LOTS Sections: 17.68.010 Purpose. 17.68.020 Legal nonconforming structures. 17.68.030 Legal nonconforming uses. 17.68.040 Changes or expansion to nonconforming uses. 17.68.050 Legal nonconforming lots. 17.68.060 Structures/uses under construction. 17.68.070 Effect of annexation. 17.68.080 Determination of nonconforming status - Burden of proof. 17.68.090 Illegal nonconforming structures and uses. 17.68.100 Nonconforming signs, parking and landscaping. 17.68.010 PURPOSE. This chapter specifies the manner in which legal nonconforming uses and structures may or may not continue. It is intended to prevent such uses or structures from expanding except under certain circumstances. It also establishes criteria by which such uses or structures may be abated or removed in an equitable, reasonable, and timely manner without infringing on the constitutional rights of property ownersl 17.68.020 LEGAL NONCONFORMING STRUCTURES. A legal nonconforming structure may be continued and maintained as follows: A. A legal nonconforming structure may be restored if it is involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy, up to its pre-damage size and placement. However, the property on which the restored structure is situated shall be subject to all other current ordinances. Building permits for reconstruction shall be obtained within 2 years and be completed within 3 years of the date of the damage. B. A legal nonconforming structure or any part of it that is voluntarily destroyed or removed, shall lose all nonconforming status for any part or parts affected and may not be reconstructed. C. A legal nonconforming structure may be increased in area or volume if the addition complies with this title and the most recent city adopted Uniform Building Code. D. A legal nonconforming structure may be used for any use that conforms to the zone district in which it is located and complies with the most recent city adopted Uniform Building Code. Such structure will not lose its nonconforming status if it has been vacant for any time. E. A legal nonconforming structure may be repaired or altered, including structural alterations to bearing walls, columns, beams and girders. All work shall meet the requirements of the most recent city adopted Uniform Building Code. F. A legal nonconforming accessory structure may be used or converted to any use consistent with the zoning district in which it is located, and the most recent city adopted Uniform Building Code. Such structure will not lose its nonconforming status if it has been vacant for any time. G. An unreinforced masonry building (URM) that will be rehabilitated according to the regulations of Chapter 15.40 regarding seismic strengthening, may be entirely removed and reconstructed to the size and placement as it existed immediately before it was removed, provided there is no change of use of the building. Contiguous URM buildings may be reconstructed or remodeled as one building; however, if this is done, the total size of the new building shall not exceed 150% of the combined size of the URM buildings as they existed immediately before the reconstruction. In both instances, site development standards will not be required to be brought up to present ordinance requirements; however, they shall at minimum, include no more than what existed immediately before the reconstruction. This subsection shall expire and be of no further force or effect after December 31, 1998. 17.68.030 LEGAL NONCONFORMING USES. A legal nonconforming use may be continued and maintained as follows: A. No increase in intensity, or of the area, space, or volume occupied or devoted to a legal nonconforming use, except as allowed under Section 17.68.040, shall be permitted. B. Change of ownership, tenancy or management of a legal nonconforming use shall not affect its legal nonconforming status, provided the specific use and intensity of use do not change, except as allowed under Section 17.68.040. 4 ~' C. A legal nonconforming use that has ceased or been abandoned for a continuous period of 1 year or more shall lose its nonconforming status, and the continued use of that property or structure shall conform to the regulations of the zone district in which it is located, except as allowed under Section 17.68.040. If the legal nonconforming use is cultivated agricultural land that is fallow for longer than the 1 year period but no more than a contiguous period of 3 years, it is not considered abandoned if it is part of a managed agricultural operation where such land is planned for continued cultivation. D. If a legal nonconforming use involves the keeping of animals, then the number of animals, types of animals, minimum lot area for animals, or other standards for the keeping of animals not in conformance with the zone district in which they are located, may be continued for as long as the specific animals(s) are alive, or until the owner or occupant removes them for a continuous period of 1 year or more, whichever occurs first. E. Additional uses are allowed on property that contains a legal nonconforming use provided those uses meet all requirements and regulations of the zone district in which they are located, and do not result in the nonconforming use expanding as restricted in subsection A of this section. F. Ifa legal nonconforming use is convened to a conforming use, no previous nonconforming use may be resumed. G. Repairs and alterations may be made to structures containing legal nonconforming uses, including structural alterations to beating walls, columns, beams and girders. All work shall meet the requirements of the most recent city adopted Uniform Building Code. H. A structure containing a legal nonconforming use may be restored up to its pre-damaged size and density fi.it is involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy. However, the property on which the restored use is situated shall be subject to all other current ordinances. Building permits for reconstruction of the structure shall be obtained within 2 years and be completed within 3 years of the date of damage if the use is reestablished. I. A legal nonconforming use where no structure is involved may be restored up to its pre- damaged size and density if it is involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy. However, the property on which the restored use is situated shall be subject to all other current ordinances. The use shall be reestablished within 1 year of the date of the damage. 17.68.040 CHANGES OR EXPANSION TO LEGAL NONCONFORMING USES. The Board of Zoning Adjustment or City Council may allow changes or expansions to legal nonconforming uses as set forth in subsections A through D of this section. They shall use the procedures adopted for conditional use permits according to Chapter 17.64, except that they shall make findings set forth in subsection E of this section. A. A legal nonconforming use may be changed to another nonconforming use of the same or more restrictive nature. B. A structure occupied by a legal nonconforming use that has ceased or been abandoned according to Section 17.68.030 Cs-may be permitted to be used for the same or more restrictive use if the structure cannot be used for any use consistent with the zone district in which it is located. C. A legal nonconforming use may be enlarged, expanded, or extended when such use is necessary due to economic market demands for the goods; products, or services provided. D. Time restrictions specified in Sections 17.68.020A., 17.68.030C., 17.68.030H., or 17.68.060 may be extended. E. The Board of Zoning Adjustment or City Council shall make the following findings regarding changes or expansions to legal nonconforming uses: 1. The proposed change or expansion of the legal nonconforming use is essential and/or desirable to the public convenience or welfare. 2. The proposed change or expansion of the legal nonconforming use is consistent with the intent and purpose of the ordinance that caused the use to become nonconforming. 3. The change or expansion of the nonconforming use will have a positive impact on the surrounding conforming uses and the area overall. 4. Other property where the use would be conforming is unavailable, either physically or economically. 5. No other appropriate remedies are available to bring the use into conformance, including amending the zone district boundary and/or zoning ordinance text. 6 17.68.050 LEGAL NONCONFORMING LOTS. A. Any lot that was legally created before the effective date rendering it nonconforming may be used or developed if the use or development conforms to the regulations of the zone district in which it is located. B. The city shall not issue a permit for any construction on a lot created that violated the subdivision and/or zoning ordinances in effect at the time of the property division, and which continues to be violating present subdivision and/or zoning ordinances. 17.68.060 STRUCTURES/USES UNDER CONSTRUCTION. Any structure for which the city has issued a building permit that is still in effect, or any conforming use or building which was legally under construction before the effective date of any ordinance rendering the structure or use nonconforming, may be completed and used according to approved plans~ specifications or permits as follows: A. For nonconforming uses, the use shall be commenced within 1 year of the effective date of the ordinance rendering such use nonconforming. B. For nonconforming structures, the structure shall be completed within 2 years of the effective date of the ordinance rendering such structure nonconforming. 17.68.070 EFFECT OF ANNEXATION. Any use, structure, or lot that was lawfully established according to the regulations of Kern County that becomes nonconforming by virtue of annexation into the city, will be considered legal nonconforming. 17.68.080 DETERMINATION OF NONCONFORMING STATUS - BURDEN OF PROOF. The party asserting a right to continue a nonconforming use or structure has the burden of proof to establish its lawful and continuing existence. 17.68.090 ILLEGAL NONCONFORMING STRUCTURES AND USES. Nothing in this chapter shall permit the continuation of illegal nonconforming structures or uses. Illegal nonconforming structures or uses are unlawful and a public nuisance, and shall be immediately removed or abated according to Chapter 17.72. 17.68.100 NONCONFORMING SIGNS, PARKING AND LANDSCAPING. This chapter does not regulate nonconforming signs, parking requirements, or landscaping standards. These specific standards are found within their respective chapters as follows: A. Nonconforming signs - Chapter 17.60. B. Nonconforming parking - Chapter 17.58. C. Nonconforming landscaping - Chapter 17.53. SECTION 5. Section 17.04.470 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.04.470 NONCONFORMING~ ILLEGAL. "Illegal nonconforming" means a structure, use, or lot that was unlawful when constructed or established, and which does not conform to present regulations and standards. SECTION 6. Section 17.04.480 (nonconforming use definition) of the Bakersfield Municipal Code is hereby repealed. SECTION 7. Section 17.08.060 (nonconforming buildings and uses) of the Bakersfield Municipal Code is hereby repealed. SECTION 8. Section 17.08.070 (buildings under construction) of the Bakersfield Municipal Code is hereby repealed. sEcTION 9. Section 17.08.080 (reconstruction of damaged nonconforming buildings) of the Bakersfield Municipal Code is hereby repealed. SECTION 10. Section 17.08.090 (nonconforming uses resulting from amendments) of the Bakersfield Municipal Code is hereby repealed. SECTION 11. Section 17.42.080 (nonconforming structures in the FP-P Floodplain Primary Zone) of the Bakersfield Municipal Code is hereby repealed. SECTION 12. Section 17.44.090 (nonconforming structures in the FP-S Hoodplain Secondary Zone) of the Bakersfield Municipal Code is hereby repealed. SECTION 13. Section 17.57.080 (amoritization period for and removal of nonconforming uses for metal storage containers) of the Bakersfield Municipal Code is hereby repealed. SECTION 14. Section 17.69.050 (nonconforming adult entertainment businesses -- discontinuance required) of the Bakersfield Municipal Code is hereby repealed. SECTION 15. 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. .......... O00 .......... 9 I ItEREBY 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: JUDY SKOUSEN CITY ATTORNEY of the City of Bakersfield je:noncon.ord October 11, 1996 10 : 7.04.468t; 7.04.510 l~xsecixor i~etd out for rent or iease to accommOaate 17.0 4.49 4 Permitted use. mohi!,e homes used for human habitaUon. The "Permitted use" is a use listed as such which rentat"g~d, for any such mobile home_shall be no more review for compliance with the cieeme?_!0,~ciude rental for the tot it occuuies, ordinance except, when required under (0.r~'/694~'~"19821' i pam. 17.53. site pian review. (Ord. 2694§212,. 17:_0_4.468 "Motel' means a g~ of buildings desi~nea 17. Recreational vehicle. for use b? tourists or tr~ents with livin~ or al vehicle" is a motomome, travel sle. epmg_ r0.o. ms. garages. ~l~-king spaces and trailer, truck or camping trailer, with or reiate_d_~!_a_c, il, i!ies .ad,v;,n. ised 6r,,xoffered on awithout motiv power, designed for human commercial baqls, including, an auto court, motor habitation for or emergency occu- court and motor lodge. {Ord. 2694 § 2 (panl. pancy, with a area less than two hundred 1982). twenty square built-in equipment ~'~ such as wardrobes, cabinets, kitchen units 17.04.470 Nonconforming building., or fixtures, bath and moms. (Ord. 2694 § 2 "Nonconforming building" means a building or (pan), 1982}. structure or pomon thereof conflicting with the provisions of this title applicable to the zone in 17.04.500 . Rut home )r convalescent which it is situated. {Prior code § 17.08.4201. home. ~ "Re.st home" or home" means a 17.0t.180 Nonconforming use. building and premises in which two or "Nonconforming use" is a lawful use of a more sick. injures or inf'um persons structure or prm, mses existing on the effective date am housed or intended to be for compen- of a zoning resu'iction conflicting with the salion and which is not equipped intended to be provisions of this tide applicable to the zone in used as a hospital. (Prior code § which it is situated. (Ord. 2694 § 1 (pan), 1982: prior code § 17.08.430). 17.04.508 Roofline. "Roofline" means the upper line of a 17xF0x4.485 Nonprofit orga.,nization, roof or top enclosure surface, ai from any "N'~n~rofit organizaOon' means any side perpendicular to the extenor wail and orgamzahoxn that holds a valid nonprofit includes eaves, fascia, parapets similar o_rg.a~_ ,za~mn~a_tus document for the State of proiections or extensions. California or the~ govmaunent. (Ord. 3586 § I (panL 1994). (Ord' 3586,1 (p~94). 17.04.510 Roominghouse. "Roommghouse" means a building 17~.4.490 ~urs,,e, ry ~hooi. "Nursery school" meah~ the same as "day ~hree or more guestrooms, used. designed. nursery.." ~Prior code § 17.08.~t~2). intended to be usecL let or hired, to be o~cupied which are occupied by three or more 17.04.492 Parcel of propert.~ with or without meals, for compensation, as 'Pamci of propen,v" means any sOR, arate legal permanent guests pursuant to a previous arrange- lot or pm'cci of land. mcnt for compensauon for del'mira periods, by the ~Ord. 3586 § I (para. 1994). /.08.050--, ,.08.070 1'5,08.050 Additional excluded uses. pursuant to Chapter 17.66. In no event shall a . .Use.~r than those specifically mentioned~n conditional use permit be granted for a less this. ti!le_as"~exctuded from any .~4rfav be restrictive use than the last prior use of the building excluded th_erefro~vided suc~j:l~tf~es are. in the or structure. opinio.n of the ptann~mission and city 1~. If no structural alterations are made. a ~vid~a re'~on in writing,, not nonconforrmng use ora building may be changed to less o0n~ detrimental to t~ffare of the another nonconforming use ora more restrictive F. in ail R zones, every nonconforming '~liFmet~' building or structure which was designed, arranged. 17.08.060 Nonconforming buildings an,4 or intended for a use not permitted in the R zones uses. shall be completely removed, or altered and The following regulations shall apply to all convened to a conforming building, structure and nonconforming buildings and structures or pans use when such buildings or structures have reached. thereof and uses existing at the effective date of the or mav hereafter reach, the age of forty years. ordinance codified in this title, computed from the date the building was erected: A. Any such nonconforming building or provided, however, that this regulation shall not structure may be contlnueO and ma'ntained provided become operative umil ten years from the effective there is no physical change other than necessary, date of the ordinance codified in this title. rnmntenance and repa,r in such building or structure. G. Every. nonconforming use of land (where except as perrmtted in other sections of this title, no mmn building is involved) existing at the nme the B. Any such nonconforming use may be ordinance codified in this title becomes effective maintained and continued provided there is no shall be discontinued within three years from the increase or enlargement of the area. space, or effective date of the ordinance codified in this title. volume occupied or devoted to such nonconforrmng H. The foregoing provisions of this secuon use. except as otherwise provided in this title, shall also apply to buildings, structures, land or C. Any part of a building, structure or land uses which hereafter become nonconforming due to occupied bv such a nonconforming use which is any reclassifications of zones under this title or any char~ed to or replaced bv a use conformm~ to the subsequent chan~e in the regulations of this title; provisions of this role shall not thereaner be used or provided, however, that where a period of years is occumed bv a nonconformmg use. specified m this secuon for the removal of D. Any pan of a building, structure or land nonconforming buildings, structures or uses. said occumed bv such a nonconforming use. which use permd shall be computed from the date of such is discontinued or abandoned for a period of one reclassification or change. year or more. shall not again be used or occupied. (Prior code § 17.52.060). for a nonconforming use. unless such building or structure cannot be utilized for any other use 17.08.070 Buildings under construction, consment w~th the more restrictive zomng, in which Any building or structure for which a building event a conditional use permit may be granted ~rm~t has been ~ssued prior to the effecnve · 17.08.080--.4 ?.08.1<H3 ~ate of the orOinance codified in this tltie may Oe strengmemng for un~info~ buildings, provided comoieteo ~0 use~ in acco~ce w~th the pi~s. the~ is no ch~ge in use of the building ~d no spec:ficaUons dna pe~]ts on which said buildin~ :nc~e in the ~ss sq~ footage of the building pe~t was g~m~. if cons~cUon ~s co~en~ as it existefl i~eOiamly prior to the ~m~eling. w,thin one nunom~ twenw days ~ter the issu~ce recon~ction or ~pl~nt. ~em two or m~ of sam pe~t and diligently pursue~ to conuguous un~info~ m~on~ buil~gs completion. {Ord. 2696 ~ I. 1982: prior co~e ~ comOm~ fort~econ~onofanewbu~gor i 7.52.070~. rem~eled ~ one buildeR, the sq~ f~ of ~~ ~ ~n~ buil~g ~y ~ m~ m o~ 17.08.080 Recon~ction of dn~a~ed hund~d fif~ pe~ent of the combin~ nonconfoming buiidinRs, f~e of ~e uminfo~ ~ b~.~ A. If ~ ~y ti~ ~y buil~g in cxismnce or they exm~ ~y prior to ~e ~~g, ~~ at ~e time of ~e ~uon of ~is title r~nm~on or ~p~ment. ~is su~on which d~ not.confo~ to the ~ons for ~ s~ cxp~ ~d s~ be of no f~ fora or di~ in whi~ it is 1~ a~ ~ d~y~ by eff~ m D~ 3 I, 1998. tim, explosion, <t of G~ or ~t of ~e public F. %e pm~sio~ of su~on A. of e~ to ~e exmt of m~ ~ on~e ~ s~on s~l not apply to ~e ~~~ the~f. ~n ~a ~out Miner ~on by ~c ci~ dinged .or dcstmyea o~er-~up~ s~- coun~l ~e buil~g ~d ~c 1~ on which sad f~y dwelling which is rec~~ bu~g w~ 1~ or ~~ ~ ~m ~d t~lve m~ of ~e d~ on which ~ or ~ ~e ante of ~ch d~cuon ~ subj~ to ~1 ~ by mm ~ ~ ~ ~ ~om of ~e d~m~ in whi~ su~ l~d (~ 3~ ~ 1, 1995: O~ 3575 ~ 1, ~ bu~ ~ 1~ 3503 ~ I, 19~: O~. 3~7 ~ 1, 1987: B. F~ me p~ of ~is Ode, ~e v~ of ~ 17.5Z080). my bulling s~ ~ ~e ~nt~ cost to ~pi~ ~bufl~g~ ~d. I~.05.090 Noneonfo~ing C. ~y recons~cuon sh~ be peffo~e~ ~iflng from un~ one buil~g ~c a~ ~m a ~ ~e provisions of the omM~s c~ in of one ye~ from dam of dmge =~ diligently t~ ~fle ~ a~ty to u~ which ~m n~- pm~ to coat,on, foci by ~on of ~y reenact to ~ ~. D. ~e provisions of subsection A. of this ~ of ~e effmve ~ of sucfi mnm scion sh~l not apply to ~e monmcUon of ~y c~ ~ 17.~2.0~). d~g~ or d~y~ ~denH~ s~cm~ m~ nonconfo~ng by adopUon of ~e B~r Stat 17.~00 Dwellin~ to fa~ Comdor s~fic pt~ ~d mi~ ~mg gnons: ~o~er than alley. provided, however, that the provisions of A~ ~~ o~e~m~d~ for in subsection C. of this section sh~ apply to ~y ~ ~fl~ eve~ ~etl~~ or such ~cons~cUon. ~is subsection sh~l expt~ u~n~ a~m ~,p~e~~ of am to a ~d shall be of no fu~er fore or effect ~ stat by wa~pubfiC0r pn~t of M~ 31.2~. p~~er ~ ~ ~ley. E. ~e p~visions of subsection A. of this , ~~en~ ~1 ~ n~ less th~mn section shall not apply to t~e remodeling, r~m~d~. reconst~ction or replacement of buildines (~orcode~ 17.32.1~L pu~uant to Chapter 15.40 reg~ing seismic ~ Baim~sfi¢ld 9-95) 17.42.060--t 7.42.080 oral argument, or ~. in support of his appeal. 17.42.070 Uses specifically prohibited. The__determination of the city council on the appeal following uses are specifically prohibited in shill be final. The holder of the permit may the zone: conl~nue to operate in the city until all of his nghts A All uses not permitted by Sections of apl~eal under this seCUon have been exhausmd. 17.42 30, 17.42.040 and 17.42.060: (Ord. ~981 § 2, 1985; Ord. 2717 § 1 1982: prior B. habitations: code §~17.46.045). C. that will tend to direct flood- flows out~ natural floodplain: 17.42.060 Uses permitted subject to D. :¢ of floatable substances or conditional use permit, materials will add to the debris load of a Sub' to the prohibitions of Section stream 17.42.070, following uses may be permitted E. or encroach- subject to permit in a FP-P zone in m~ts which will life or property or that accordance the procedures provided for m will obstruct the flow of floodwater or Chapters 17.66: impair that pomon A. Public private open recreauonal or of the be used to carry flood- sporting uses. ' parks, aquatic fac/lities, flows, to carry and waters resulting playgrounds, grounds, golf courses, golf from the' flood: driving ranges, and hummg clubs, all of F. Any use which temporary safe- which involve only open use of land without guards erected until such time flood protection permanent structures c improvements; or control works have been consti~cted. B. Parking lots. any gradgng does G. Drilling for and pmductio~of petroleum, not significantlt capacity of the except that ama located within the sf~ approved primary, floodplain: boundary of the Kern River oil field as delineated C. Public utility on Map 457 of the D.O.G, D. Temporary and removable srmc- (Ord. 3477 § 3, 1992: prior code § 17.46.060). tums accessory to uses under Sect/om a, li~'4~:a_ 17.42.030 and 17.42.040; 17.42.080 Nonconforming structures. E. Landfills. Structures existing on any premises on the The conditional use permit s~all be granted only effective date of any application of the FP-P zone. if it is found that any building,~s~cun-e or us~ to which am inconsistent with th~ provisions thereof. be constructed, placed or malnt,~ed will be so will be allowed to remain, except that: Any constructed, placed or maintame~or will be so existing structure damaged in excess of fifty per- protected by levees or other meth~s of flood- cent of its reasonable value by fire. flood, ex- proofing that it will offer a minimum Ot~xucuon to plosion, act of God or act of war shall be removed floodllow and will either'be resistant to~lotaUon or forthwith: any existing structure damaged to a immune to extensive damage by flood/r~and shall degree less than fifty percent of its reasonable be subject to review and recommendatio~ of the value by such events may be repaired or restored city engineer prior to conditional appmv~for the subject to a determinaaon by the board of zoning purpose of minimizing or eliminating ex[ensive adjusmaent through the issuance of a conditional damage by flooding and minimizing obstruc~on of use permit that such restoration and repair will not floodflow. (Ord. 2981 § 4, 1985; Ord. 2717-§ 2. affect the public health, safety and general welfare 1982; prior code § 17.46.050). detrimentally. (Prior code § 17.46.070). 603 (Baka~fiel~i 9-92) C. A legal nonconforming use that has ceased or been abandoned for a continuous period of 1 year or more shall lose its nonconforming status, and the continued use of that property or structure shall conform to the regulations of the zone district in which it is located, except as allowed under Section 17.68.040. If the legal nonconforming use is cultivated agricultural land that is fhllow for longer than the I year period but no more than a contiguous period of 3 years, it is not considered abandoned if it is part of a managed agricultural operation where such land is planned for continued cultivation. ~:~'D. If a legal nonconforming use involves the keeping of animals, then the number of animals, types of animals, minimum lot area for animals, or other standards for the keeping of animals not in conformance with the zone district in which they are located, may be continued far :.:, ' ......'- ..... : ..... :-- til th p th fo .... e, ..... ,, v~,~,fi,~~,,,,,,~,o,o~-'-~-' ~, .... v ~,,,'-'---,,~, 8, un e owner or occu ant removes em r a ti d f ___,_:_L con nuous pe6o o 1 year or more,, E. Additional uses are allowed on property that contains a legal nonconforming use provided those uses meet all requirements and regulations of the zone district in which they are located, and do not result in the nonconforming use expanding as'restricted in subsection A of this section. F. Ifa legal nonconforming use is converted to a conforming use, no previous nonconforming use may be resumed. G. Repairs and alterations may be made to structures containing legal nonconforming uses, including structural alterations to bearing walls, columns, beams and girders. All work shall meet the requirements of the most recent city adopted Uniform Building Code. H. A structure containing a legal nonconforming use may be restored up to its pre-damaged size and density if it is involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy. However, the property on which the restored use is situated shall be subject to all other current ordinances. Building permits for reconstruction of the structure shall be obtained within 2 years and be completed within 3 years of the date of damage if the use is reestablished. I. A legal nonconforming use where no structure is involved may be restored up to its pre- damaged size and density if it is involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy. However, the property on which the restored use is situated shall be subject to all other current ordinances. The use shall be reestablished within I year of the date of the damage.