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Home My WebLink AboutORD NO 3869ORDINANCE NO. 8869 AN ORDINANCE AMENDING CHAPTER 17.57 OF TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO METAL STORAGE CONTAINERS WHEREAS, the City of Bakersfield initiated a proposal to amend Title 17 of the Bakersfield Municipal Code; specifically, Chapter 17.57 regarding the placement of metal storage containers; and WHEREAS, the Planning Commission through its Secretary set Thursday, September 3, 1998 at the hour of 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before said Commission on said ordinance, and notice of the public hearing was given in the manner prescribed in the Municipal Code and the California Government Code; and WHEREAS, the Planning Commission adopted Resolution No. 88-98 recommending approval of the proposed ordinance amendments and forwarded its recommendation to the City Council; and WHEREAS, the City Council through its City Clerk set Wednesday, September 23, 1998 at the hour of 7:00 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place to consider said ordinance; and WHEREAS, the ordinance was found to be exempt from the provisions of CEQA and the law and regulations as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures have been duly followed by city staff and this Council; .and WHEREAS, the City Council, at said public meeting, considered the ,ordinance, all relevant facts, and public testimony, and the Council adopted the findings made by the Planning Commission as contained in their resolution. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 17.04.464 is hereby added to read as follows: 17.04.464 Metal storage container. "Metal storage container" means any structure of one hundred twenty (120) square feet or more designed to carry cargo to be shipped by truck or rail and designed to I.S.O. Standard 668-1979(E) or equivalent, or any "roll-off" storage bin with a fixed cover. JE P:lchapt_17 57 cc_ord wpd ]~ SECTION 2. Chapter 17.57 is hereby amended to read as follows: Chapter 17.57 METAL STORAGE CONTAINERS Sections: 17.57.010 17.57.020 17.57.030 17.57.040 17.57.050 17.57.O6O 17.57.070 Purpose. Permitted. Permitted only by conditional use permit. Emergency use. Use in conjunction with construction projects. General regulations. Amortization period for and removal of nonconforming uses. 17.57.010 Purpose. Placement of metal storage containers on lots within the City for use as permanent storage facilities constitutes a use of such structures other than that for which they were designed and intended. Such placement, except for emergency purposes or in conjunction with construction projects, may negatively impact the aesthetics of neighborhoods in which they are placed, or discourage investment in permanent improvements in such neighborhoods. Metal storage containers may, however, reasonably be utilized to provide alternative permanent storage facilities if their potentially ~lighting influences and other potential adverse impacts are mitigated. The regulations set forth in this chapter are intended to accomplish such mitigation. 17.57.020 Permitted. A. Subject to approval of a plot plan and issuance of building permits, and subject to the regulations set forth in this chapter, metal storage containers, as accessory uses, are permitted in only the zones listed below as follows: ZONE C-1, C-21 P.C.D. PARCEL OR SITE AREA · less than % acre · ¼acre or more MAXIMUM NUMBER OF CONTAINERS 1 2 M-l, M-2, M-3 · less than ~ acre · ¼ acre or more but less than I acre · 1 acre or more but less than 2 acres · 2 acres or more 1 2 3 4 JE: P:',chapt 1757 cc_ord wpd Additional containers may be allowed by the Planning Director in the zone districts listed in subsection A for temporary storage from October 1st to January 1st, each calendar year. The number of additional containers shall be based on a ratio of one container for every twenty thousand (20,000) square feet of gross floor area of a business or center, not to exceed a maximum of' six additional containers on a site. A plot plan of the site or center shall be approved annually for each request of additional containers. These containers shall be subject to all regulations of this chapter, except that no building permit is required. They are also not required to be on a permanent foundation, however, they shall be placed on a paved surface. 17.57.030 Permitted only by conditional use permit. Subject to the limitation that the ratio of square footage of metal storage container(s) to the area of any lot or parcel not exceed one to fifty, metal storage containers, as accessory uses, may be permitted in any other zone district not listed in Section 17.57~020 by conditional use permit. Subject to the limitation that the ratio of square footage of metal storage container(s) to the area of any lot or parcel not exceed one to fifty, additional square footage of metal storage containers above that permitted by Section 17.57.020 may be permitted by conditional use permit. 17.57.040 Emergency use. Metal storage containers may be permitted on any surface in any zone for a period not to exceed ninety days for emergency storage, subject to approval by the Building Director. The Building Director's decision may be appealed to the Planning Commission. For purposes of this section, emergency storage is storage necessitated by damage to or destruction of another structure on the same parcel or a contiguous parcel by fire, flood, earthquake, accident or similar occurrence. 17.57.050 Use in conjunction with construction projects. Metal storage containers may be permitted on any surface in any zone for use as storage facilities in conjunction with construction projects, subject to approval by the Building Director. Any such container shall be removed immediately upon issuance of a certificate of occupancy for the constructed project or upon expiration of the building permit issued for such project. In no event shall such use exceed twenty four months in duration. 17.57.060 General regulations. A. Setbacks and yard area restrictions. On property zoned C-1, C-2, and P.C.D. metal storage containers shall be prohibited within any front yard or street side yard. On property zoned M-l, M-2, or M-3, metal storage containers otherwise permitted and in conformance with the requirements of this chapter may be M. located in a front yard or street side yard; however, they shall be set back a minimum of thirty feet from any property line abutting any public or private street. All other setbacks of the zone district in which the metal storage containers are located shall apply, except that no rear yard setback shall be required if adjacent to a non-residential zone. Each metal storage container shall be painted a neutral, earth-tone, site-compatible color. Each metal storage container shall be placed on either a minimum four inch thick concrete slab, or a minimum three inch thick asphalt concrete over two inch thick aggregate base, as required by the Building Director. Under no circumstances shall any metal storage container be used for an office, residence or other purpose involving human occupancy. Signs shall not be permitted on any metal storage container, except those required that contain public safety information for the container. A shopping center or other coordinated development as defined in Section 17.04.546 shall be considered a single parcel or site. Metal storage containers shall not exceed a height of eight feet, A metal storage container shall not exceed an area of three hundred twenty square feet. Metal storage containers shall not be stacked. Use of truck trailers, shipping boxes, railroad cars, and similar materials are prohibited. Metal storage containers shall not be permitted in required parking areas, drive aisles, landscape areas, or emergency access ways. Metal storage containers shall be screened so that they are not visible from public streets. This chapter does not apply to a business that sells, leases, or stores metal storage containers as legally permitted and conforming to the regulations of the zone district in which the business is located. 17.57.070 Amortization period for and removal of nonconforming uses. Any metal storage container which is a legal nonconforming use on January 1, 1999, which is located on an approved foundation and for which a building permit has been issued, shall be removed or brought into conformance with the provisions of this chapter within two years 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 .......... JE: P:lchapt_l 7 57 cc_r~rd wpd .~ 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 OCT 0 ? 1~8 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CA,R~ON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER APPROVED: ', ~, BOB PRICE, M'AYI~3/R CITY OF BAKERSFIELD CITY CLERK and EX OFFICIO of the Council cf the City of Bakersfield APPROVED AS TO FORM: ROBERT SHERFY, CHIEF ASSISTANT CITY ATTORNEY By: ~ -- AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 8th day of October ,1998 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3869 , passed by the Bakersfield City Council at a meeting held on the 7th day of October 1998 , and entitled: ORDINANCE AMENDING CHAPTER 17.57 OF TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO METAL STORAGE CONTAINERS. /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY City Clerk ~' S:\DOCU MENT~AOPOSTING October 8, 1998