HomeMy WebLinkAboutORD NO 4617
ORDINANCE NO. 4 6 7
AN ORDINANCE AMENDING THE TEXT OF TITLE 17 (ZONING ORDINANCE)
OF THE BAKERSFIELD MUNICIPAL CODE, CHAPTERS 17.08 GENERAL
REGULATIONS, 17.25 CENTRAL BUSINESS ZONE, 17.26 COMMERCIAL
CENTER ZONE, 17.61 LANDSCAPE STANDARDS, AND ADDING CHAPTER
17.71 OUTDOOR LIGHTING, TO INCORPORATE SPECIFIC DESIGN
CRITERIA FOR NEW DEVELOPMENT IN NORTHEAST BAKERSFIELD.
WHEREAS, in accordance with the procedure set forth in the provisions of Title 17
of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on
February 18, 2010, regarding a petition to amend the text of Title 17 of the Bakersfield Municipal
Code (Zoning Ordinance), Chapters 17.08 General Regulations, 17.25 Central Business Zone, 17.26
Commercial Center Zone, 17.61 Landscape Standards, and adding Chapter 17.71 Outdoor Lighting,
in order to incorporate specific design criteria for new development in Northeast Bakersfield; and
WHEREAS, by Resolution No. 1-10 on February 18, 2010 the Planning
Commission recommended approval and adoption of said proposal, and this Council has fully
considered the findings made by the Planning Commission as set forth in that Resolution; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1. All required public notices have been given.
2. The provisions of the California Environmental Quality Act (CEQA) have been
followed.
3. Pursuant to the California Environmental Quality Act (CEQA) 15061(b) (3),
General Rule, the proposed project is exempt from the requirements of CEQA
because it will not affect the environment.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
Sections 17.08.140.B.1. and 17.08.140.B.4 are hereby amended as follows:
B. Applicability.
1. These standards shall apply to large retail developments throughout the
city within all commercial zone districts, and all nonresidential zones where
the development contains retail commercial components, including but not
limited to Planned Unit Development zones, industrial zones, and
recreation/open space zones. These standards also apply to all specific
plan areas unless the plan has standards that are more restrictive. In
Northeast Bakersfield, the building design standards in subsection C of this
section shall apply to all commercial and industrial projects, regardless of
size, which are subject to site plan review.
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4. Reference may be made in this subsection to specific geographic areas,
which are defined as follows:
a. Northeast Bakersfield - includes all lands east of Fairfax Road (and any
northern extension thereof) and north of the Union Pacific Railroad that
parallels Edison Hwy.
SECTION 2.
Sections 17.08.140.C.5,.6, and .7 are hereby amended as follows:
5. Rooflines shall be varied with a change in height every 100 linear feet of
the building length. Parapets, mansard roofs, gable roofs, hip roofs, or
dormers shall be used to conceal flat roofs and roof top equipment from
public view. Alternating lengths and designs of the roofline are
acceptable. If parapets are used, they shall not at any point exceed one-
third (1/3) of the height of the supporting wall. All parapets shall feature
three-dimensional cornice treatment.
J parapet heights
shad not exceed
1 /3 of supporting
wall height
Parapet Standards
6. Exterior building materials shall be high quality materials, including, but
not limited to, brick, sandstone, and other native stone, manufactured
stone (realistic), wood, glass, decorative metal elements, and
tinted/textured concrete masonry units, including stucco and synthetic
stucco-type materials.
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C,
a. For projects in Northeast Bakersfield, building materials consisting
of river rock, native stone, cobblestone, ledge stone, rough-sawn
timbers, and logs, either as a single element or combination
thereof, shall be used as the predominate theme throughout the
project area.
7. Primary facade colors shall be low reflectance, subtle colors over primary,
bold or dramatic colors. The use of reflective metallic or fluorescent colors
is discouraged. However, building trim and accent areas may feature
brighter colors, including primary colors. Paint applied over brick, stone
and concrete is prohibited.
a. For projects in Northeast Bakersfield, the predominate color
palette shall consist of earth and natural toned colors that blend
with the surrounding area. A variety of these colors is encouraged
to allow individuality but maintain a cohesive sense of place for
the entire center.
SECTION 3.
Section 17.25.050.B. is hereby amended as follows:
B. Landscaping shall be subject to the requirements of Chapter 17.61.
SECTION 4.
Section 17.26.050.8. is hereby amended as follows:
B. Landscaping shall be subject to the requirements of Chapter 17.61.
SECTION 5.
Section 17.61.032 be added as follows:
17.61.032 ADDITIONAL REQUIREMENTS.
In addition to the minimum standards contained in Section 17.61.030, the following shall
apply to those specific geographic areas as identified below:
A. Central City Area. For the purposes of this subsection, Central City Area is
identified as including all lands bounded by 23rd Street to the north, Truxtun
Avenue to the south, M Street to the east, and G Street to the west.
1. Street tree species shall be consistent with the Central City Master Street
Tree Plan as adopted by City Council Resolution No. 195-92.
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B. Northeast Bakersfield. For the purposes of this subsection, Northeast
Bakersfield is identified as including all lands east of Fairfax Road (and any
northern extension thereof) and north of the Union Pacific Railroad that parallels
Edison Hwy.
1. New landscape areas shall consist predominately of native California
trees (eg. oaks and sycamores), shrubs and groundcovers mixed with
ornamental species. Planting shall occur in non-linear clusters to
resemble a natural appearance. Firescape species contained in Table 1
of Chapter 17.66 shall be used along the perimeter of the project site
adjacent to native or slope areas if outside the HD zone district.
2. Use of boulder clusters and other native rock combinations shall be
installed with vegetation to resemble a natural distribution blending into
the surrounding native areas and/or street parkways that may contain
similar design elements.
3. Along slopes, plantings should be done with more dense and larger
species of trees and shrubs closer to streets with a gradual reduction of
plantings that are less dense with smaller species as you move further
away from the streets to provide a natural transition between the
streetscape and native areas.
4. Design content shall retain the natural flora and site character as much as
possible with a subtle landscape transition between maintained and
native areas.
5. Xeriscape and/or regional native plant selections shall be used to
revegetate any disturbed areas outside the project area, unless city
ordinances, resolutions, or conditions of approval state otherwise.
6. New landscape areas along slopes and slope easements may be
required to be privately maintained as determined by the Planning
Director, or as may be conditioned by the Planning Commission or City
Council.
7. These standards do not apply to residential projects that contain four
units or less and that are not part of a larger multiple family subdivision
with more than four lots.
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SECTION 6.
Chapter 17.71 be added as follows:
Chapter 17.71
OUTDOOR LIGHTING
Sections:
17.71.010 Purpose
17.71.020 Applicability
17.71.030 General standards
17.71.040 Additional standards for specific uses
17.71.040 Energy conservation
17.71.050 Exemptions
17.71.060 Prohibitions
17.71.070 Fixture diagrams
w.
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17.71.010 PURPOSE.
The purpose of this chapter is to minimize light trespass, excessive glare and sky glow
caused by inappropriate or misaligned light fixtures. Properly designed lighting will
provide the proper amount of illumination appropriate for the required task that will not
cause unpleasant or adverse affects upon adjacent properties, and will enhance
nighttime views of the sky. These standards will:
A. Promote a safe and pleasant nighttime environment for businesses, residents
and visitors;
B. Protect and improve public safety and security;
C. Prevent nuisances caused by unnecessary light intensity, glare, and light trespass;
D. Protect the ability to view the night sky by restricting unnecessary upward
projection of light;
E. Enhance the aesthetics of the built environment and protect the character of the
natural environment; and
F. Promote energy conservation.
17.71.020 APPLICABILITY.
A. The provisions of this chapter only apply to Northeast Bakersfield, which is the
geographic area that includes all lands in the city limits east of Fairfax Road (and
any northern extension thereof) and north of State Highway 58.
B. All outdoor lighting fixtures installed on private and public property after the
effective date of this ordinance shall comply with these standards.
C. This ordinance does not apply to interior lighting. However, overly bright inside
light emitted outdoors from any structure, including through the roof, will be
subject to control by this chapter if it is determined by the Planning Director that it
creates a nuisance to adjacent properties, negatively impacts safe travel along
streets, or contributes to sky glow.
D. All existing outdoor lighting fixtures legally installed and operative before the
effective date of this ordinance are not subject to these requirements. However,
the Planning Director may at any time, require appropriate action be taken in
accordance with this chapter if it is determined that lighting from any outdoor
fixtures creates a nuisance to adjacent properties or negatively impacts safe
travel along streets.
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E. At such time changes or modifications occur on the site that necessitates a site
plan review pursuant to Chapter 17.08 or other discretionary approval, the
decision-making body shall determine whether some or all the requirements of
this chapter will be implemented under said approval.
F. When existing lighting fixtures are replaced, replacement fixtures and light
emanating from them shall meet the requirements of this chapter.
G. All governmental agencies, including their security facilities which operate within
the city limits, should comply with the provisions of this chapter
17.71.030 GENERAL STANDARDS.
The following standards shall apply to all outdoor lighting installed after the effective date
of this chapter:
A. Outdoor lighting must be fully shielded and aimed downward. Fully shielded
denotes lighting fixtures that are shielded, focused, or constructed so that light
rays do not project horizontally or vertically. The shield must be arranged in such
a manner that light rays emitted from the device or fixture, whether directly from
the lamp or indirectly from the fixture, are projected below the horizontal plane at
the lowest point on the fixture where the light is emitted. The light must be aimed
to ensure that the illumination is only pointing downward onto the ground surface
with no escaping light permitted to contribute to sky glow by shining upward into
the sky. Examples of acceptable and unacceptable lighting fixtures are shown in
Section 17.71.070.
B. Post-top luminaries, which may also be referred to as period lighting or historical
lighting, shall have built-in reflectors that effectively eliminate up-lighting.
C. Any outdoor lighting that shines onto adjacent property or streets that produce a
nuisance or disabling glare, or that is above the horizontal plane, shall not be
permitted.
D. Light trespass that extends beyond the property or project boundaries within or
adjacent to residentially zoned and/or designated properties shall not exceed an
intensity level of 0.5 foot-candles at the property line as measured 3 feet above
the ground or finished grade. This light intensity maximum shall also apply to
lands zoned and/or designated agriculture, parks, and open space.
E. Light fixtures mounted under a canopy shall be recessed so that lighting is fully
shielded by either the roof or canopy fascia and is projected below the horizontal
plane as stated in subsection A of this section. Lights shall not be mounted on
either the top or sides of a canopy.
F. Up-lighting is only permitted if it is effectively contained and will not shine beyond
the intended target into the night sky. Containment of lighting may include, but is
not limited to, overhanging architectural elements such as eaves or awnings, or
landscaping such as dense shrubs or dense evergreen tree canopies. `t>f l
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G. Outlining of a building by means of neon, LED or other lighting shall effectively
contained to not shine into the night sky. Containment of lighting may include, but
is not limited to, overhanging architectural elements such as eaves or awnings, or
use of backlighting techniques.
H. Existing fixtures may be adapted to comply with this ordinance by adding a
properly designed shield or by pointing any upward-mounted, shielded fixture
downward towards the ground surface.
1. Lighting sources, fixtures and related structures shall be maintained in sound
operating condition at all times. Maintenance shall include but is not limited to
replacement of broken lenses, burned out light sources, adjustments to fixture tilt,
cleaning of fixtures and lenses, painting of standards, and replacement or
adjustments to shields and/or baffles.
J. All fixture installations shall meet the most recent applicable regulations of the
Uniform Building Code, Electrical Code, Title 24, and any other related health,
safety, and energy codes as they pertain to lighting and light fixtures as adopted
by the City.
17.71.040 ADDITIONAL STANDARDS FOR SPECIFIC USES.
In addition to the general standards contained in Section 17.71.030, the following shall apply to
the specific use identified below:
A. Parking lots and garages:
1. Lighting shall be in accordance with the provisions in Section 17.58.060 B.
B. Outdoor performance, sports, and recreation facilities:
1. Where playing fields or other special activity areas are to be illuminated,
lighting fixtures shall be mounted, aimed, and shielded so that their beams
fall within the primary playing area and immediate surroundings within the
project site. Illumination should be no greater than the minimum
recommended levels established by the Illuminating Engineering Society
of North America (IESNA) for the type of activity. Illumination should also
meet, without exceeding, the IESNA recommendations for the IESNA
defined illumination class appropriate for the predominant use of the
facility.
2. The main lighting shall be turned off within one-hour or as soon as possible
following the end of an event. Where feasible, a low level lighting system
may be used immediately following events to facilitate patrons leaving the
facility, cleanup, maintenance, and other closing activities.
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3. Because lighted fields and other lighted outdoor facilities may also be
subject to discretionary approval, operational regulations, and the
standards in this chapter may be further restricted, modified or otherwise
conditioned by the Board of Zoning Adjustment, Planning Commission, or
City Council.
17.71.050 ENERGY CONSERVATION.
Incorrect installations, poor choice of fixtures, and over-lighting can result in unnecessarily high
energy costs. The following recommendations are intended to encourage the efficient use of
energy for lighting purposes:
A. All non-essential outdoor commercial and residential lighting should be turned off
after business hours when it is not necessary for public safety or when an activity
needing such light is not in use.
B. Lighting levels may be reduced after hours to provide minimal visibility without
compromising security.
C. Where practical, outdoor lighting installations should include timers, dimmers,
sensors, or photocell controllers that turn the lights off during daylight hours to
reduce overall energy consumption and eliminate unnecessary lighting. Sensor
activated fixtures should not be triggered by activities off the subject property.
D. When selecting new outdoor lighting, the full cost of operation over the life of the
fixture(s) should be considered. Substantial annual energy savings may be
realized by using quality efficient fixtures and light sources, the lowest wattage for
the intended task, and alternative sources of power such as wind or solar, when
feasible.
E. Indiscriminate and excessive lighting should be avoided. Light should be directed
only where it is needed, when it is needed, with the appropriate intensity.
17.71.060 EXEMPTIONS.
The following are exempt from the provisions of this ordinance:
A. Traffic control signals and devices.
B. Temporary emergency related lighting (e.g. fire, police, utility repair).
C. Moving vehicle lights.
D. Navigation lights (e.g. airports, heliports, radio/television towers).
E. Signs in conformance with Chapter 17.60.
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F. Seasonal decorations provided they are not in use longer than 60 consecutive days.
G. Temporary or periodic events with temporary lighting as approved by the City
(e.g. rodeos, revivals, fairs, fiestas, carnivals). Permanent lighting installations
must conform to the requirements of this ordinance.
H. Lighting on any single family residentially zoned lot, or multiple family
residentially zoned lot that contains four units or less.
1. All outdoor light fixtures lawfully installed and operating prior to the effective date
of this ordinance. This exemption shall not apply if an existing light fixture is
replaced. The addition of supplementary shielding and/or re-aiming of existing
fixtures that shine direct illumination or visible glare beyond the property line
where the fixture is installed are encouraged.
J. Decorative low voltage (12v) lighting used to highlight driveways, landscaping,
artwork and buildings providing they are properly aimed and shielded to not shine
visible glare into the public right of way or onto adjacent or nearby properties.
K. Flag poles with the United States, state, foreign or municipal flags displayed by
fully shielded top mounted light. If up-lighting is used, it shall be placed as close
to the base of the pole as possible with a narrow cone or spread focused to
minimize light spill into the night sky or onto adjacent properties.
L. Temporary lighting for television or movie film productions, roadway or utility
construction or building construction. Permanent lighting installations must
conform to the requirements of this ordinance.
M. Emergency exiting or other public safety related lighting under the applicable
California Code.
N. Underwater lighting to illuminate swimming pools, and other water features
provided they meet all required Uniform Building, Electrical and other safety
codes as adopted by the City.
17.71.070 PROHIBITIONS.
A. No outdoor lighting fixture may resemble a traffic signal or be operated in such a
manner as to constitute a hazard or danger to persons for safe vehicular and
pedestrian travel.
B. Lighting that is oriented upward, except as otherwise permitted by this chapter.
C. Searchlights, beacons, and laser source lights, except as permitted by the City
under a special event permit in accordance with Section 17.60.070 B.
D. Lights that blink, flash, move, and revolve, except as otherwise permitted by the
Bakersfield Municipal Code.
E. Permanent lighting directed at or into the Kern River or natural areas. , f
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17.71.080 FIXTURE DIAGRAMS.
Examples of Acceptable / Unacceptable Lighting Fixtures
Unacceptable / Discouraged Acceptable
Fixtures at produce glare and light trespass Fixtures that shield the light source to minimize glare and light trespass
and to facilitate better vision at night
ah*d lss •msli Full Cutoff Fixtures
Ynm lens
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Unshielded Floodlights
or Poorly-shielded Floodlights
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Fully Shielded
W k & Wall
Mount ount Fixtures
Unshielded Walipacks
& Unshielded or
Poorly-shielded Wall hldd
Mount Fixtures n.n.~av. •"•`m
fit, Fully Shielded Fixtures
Drop-Lens & Sag-Lens Fixtures
w/ exposed bulb / refractor lens
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Unshielded Streetlight
\ Full Cutoff Streetlight
Unshielded Bollards Fully Shielded
Unshielded Barn Fully Shielded Walkway
Light Barn Light Bollards
u
UnshieldecFully Shielded
Period' Style Decorative FUlly Shielded
Fixtures Fixtures Period' ur Styla
Fbctes
Louvered bum enM"
'Marine'style .S y °db B„.d.p
y 'n oPqu• lap
Fixtures
Drop-Lens Canopy Flush Mounted or Side
Fixtures Shielded Under Canopy
Fixtures
Unshielded PAR
Floodlights
Shielded / Properly-aimed
PAR Floodlights
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SECTION 7.
1. All of the foregoing recitals are hereby found to be true and correct.
2. That the project is exempt from CEQA, pursuant to Section 15061(b)(3),
General Rule.
SECTION 8.
This ordinance shall be posted in accordance with the Bakersfield Municipal
Code and shall become effective not less than thirty (30) days from and after the date of its
passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by
the Council of the City of Bakersfield at a regular meeting thereof held on
APR 0 7 2010 by the following vote:
YES- COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCR VI ER
S: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
ROBERTA GAFFORD, C
CITY CLERK and Ex Offi to Clerk of the
Council of the City of Bakersfield
APPROVED APR 0 7 2010
HARVEY L. HALL
Mayor of the City of Bakersfie
APPROVED as to form
VIRGINIA GE ARO
City
By:Attorne L
KShea \ S:\TRACTS\Amendments NE Title 16, 17, W&L - 2010\CC\CC ORDINANCE Title 17 2 read.doc
3/19/2010
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, 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 gth day of April, 2010 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4617, passed by the
Bakersfield City Council at a meeting held on the 7th day of April, 2010 and entitled:
AN ORDINANCE AMENDING THE TEXT OF TITLE 17 (ZONING
ORDINANCE) OF THE BAKERSFIELD MUNICIPAL CODE, CHAPTERS
17.08 GENERAL REGULATIONS, 17.25 CENTRAL BUSINESS ZONE,
17.26 COMMERCIAL CENTER ZONE, 17.61 LANDSCAPE
STANDARDS, AND ADDING CHAPTER 17.71 OUTDOOR LIGHTING,
TO INCORPORATE SPECIFIC DESIGN CRITERIA FOR NEW
DEVELOPMENT IN NORTHEAST BAKERSFIELD.
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
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By: 0"Pji
DEPU City CI rk
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