HomeMy WebLinkAboutORD NO 5120ORDINANCE NO. 5 12 0
AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING
CHAPTERS 17.25 AND 17.26 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO FLOOR AREA RATIO IN THE CENTRAL
BUSINESS (C-B) ZONE AND COMMERCIAL CENTER (C-C) ZONE.
NOW, BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 17.25 of the Bakersfield Municipal Code is hereby amended to
read as follows:
C-B CENTRAL BUSINESS ZONE
Sections:
17.25.010 Generally.
17.25.020 Uses permitted.
17.25.030 Uses permitted subject to planning director review and approval.
17.25.040 Uses permitted only by conditional use permit.
17.25.050 Additional requirements.
17.25.060 Building height.
17.25.070 Front, side and rear yards.
17.25.080 (Reserved).
17.25.090 Public benefit features.
17.25.100 Minimum lot area.
17.25.010 Generally.
The regulations set out in this chapter shall apply in the C-B central business zone.
This zone is intended to be applicable to the central business core area
accommodating a diverse mix of medium/high density residential, commercial,
financial and institutional uses serving both city-wide and regional needs. In
addition to these uses, cultural, entertainment, specialty retail, convention
services and lodging are also principal uses in this area.
17.25.020 Uses permitted.
A. Any use listed in the uses permitted section in the C-O, C-1 and C-2 zones;
B. Any of the following uses:
Ordinance Amending Chapters 17.25 And 17,26 of the BMC Relating to Floor Area Ratio in the Central Business IC-B)
Zone and Commercial Center (C-C) Zone Q R A K6>
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1. Bus, train and other transit station, provided that transit vehicles are
not stored on -site and no repair work or servicing of transit vehicles is
conducted on -site,
2. News/magazine stand,
3. Nightclub, bar, cocktail lounge or other establishment selling
alcoholic beverages for on -site consumption where such use, including
entertainment, is the primary business,
4. Parking garage or surface lot,
5. Police, fire and other emergency service alarm centers,
6. Post office and other courier or parcel delivery service,
7. Sidewalk use, including, but not limited to, outdoor seating, subject
to issuance of an encroachment permit;
C. Residential uses provided they are located in the second story or above;
D. Mixed combinations of uses allowed in subsections A and B above are
permitted;
E. Accessory buildings, structures and uses necessary to support the principal
use located on the same lot or parcel of land.
17.25.030 Uses permitted subject to planning director review and approval.
The following uses may be permitted in the C-B zone subject to review and
approval by the planning director:
A. Itinerant merchant, including street vendors, subject to city permit and
business license;
B. Promotional activities as defined in this code;
C. Public utility structures;
D. Water pump stations;
E. Public benefit features pursuant to Section 17.25.090.
17.25.040 Uses permitted only by conditional use permit.
Ordinance Amending Chapters 17.25 And 17.26 of the BMC Relating to Floor Area Ratio in the Central Business (C-B)
Zone and Commercial Center (C-C) Zone
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A. The following uses are permitted in a C-B zone only with the approval of a
conditional use permit issued in accordance with the procedures provided in
Chapter 17.64 of this code:
1. Adult day care;
2. Any residential use that is located on the first or ground floor;
3. Banquet venue;
4. Food and/or shelter service as defined in Section 17.04.285:
5. Movie theater serving alcohol;
6. Recycling centers, as defined by Public Resources Code Section
14520, that are within a convenience zone, as defined by Public Resources
Code Section 14509.4;
7. Scientific research and testing services:
8. Swap meets, flea markets and auction houses.
17.25.050 Additional requirements
The following requirements shall apply to all development permitted by this
chapter:
A. All permitted and conditional uses pursuant to this chapter shall be subject
to site plan review as provided in Chapter 17.08.
B. Landscaping shall be subject to the requirements of Chapter 17.61.
C. Off-street parking and loading shall be subject to the requirements of
Chapter 17.58.
D. Signs shall be subject to the requirements of Chapter 17.60.
E. Storage of material and equipment shall be enclosed entirely within a
building.
F. All outside mechanical equipment shall be enclosed or screened from
public street view. Bases of towers and antennas shall be screened or enclosed
to a height of fifteen feet above grade if not camouflaged.
Ordinance Amending Chapters 17.25 And 17.26 of the BMC Relating to Floor Area Ratio in the Central Business (C-B)
Zone and Commercial Center (C-C) Zone gAKF
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G. Roof -top areas of structures shall be completely screened from view by
parapets or other finished architectural features constructed to a height of the
highest equipment and unfinished structural element or architectural feature of
the building. This requirement shall apply to all new construction and remodeling
of existing structures which involve a change of fifty percent or more of the roof
structure or an addition of fifty percent or more to the floor area of the structure.
17.25.060 Building height.
There shall be no maximum building height in a C-B zone.
17.25.070 Front, side and rear yards.
There shall be no minimum front, side or rear yard in a C-B zone; however, where
a lot abuts any R, E, MH zone, or PUD project of a single family nature, there shall
be a minimum setback from any side or rear property line of twenty feet.
17.25.080 (Reserved).
17.25.090 Public benefit features.
A. The following public benefit features are encouraged:
Open Space, Atrium, Plaza, or Garden Available to the Public.
a. These areas are intended to provide public open space which
provides quiet retreats from surrounding activity in the intensely
developed areas of downtown or a center. While relatively small,
they should be flexible in design to accommodate passive
recreational activities, as well as allow events and public gatherings.
They should also be strategically located to denote important
places, create a focus for surrounding development, and increase
light and air of the street level. Weather protected areas can serve
to function as an interior park to give the public relief from extreme
weather conditions.
b. An open space area shall be directly accessible from a public
sidewalk with accessibility to the handicapped meeting state
handicapped requirements.
C. Permanent art may be incorporated as part of the open areas
as set forth in this subsection.
Ordinance Amending Chapters 17.25 And 17.26 of the BMC Relating to Floor Area Ratio in the Central Business (C-B)
Zone and Commercial Center (C-C) Zone
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d. Kiosks, displays, art exhibits, and retail vendors are permitted
provided they are portable in nature and use of the open area by
the public is not precluded. The total area occupied by such uses
should not exceed twenty-five percent of the total open area.
e. Interior pedestrian lighting shall be provided.
f. Directory or directional signs may be permitted pursuant to
Chapter 17.60.
2. Sculptured Building Tops.
a. Sculptured building tops are intended to provide visual interest
and variety in the downtown or center skyline. They have the
greatest impact in the downtown area where the tallest buildings are
permitted. A sculptured building top which modifies the silhouette of
a building by reducing the area of the top floors, reduces the overall
bulk of the building to produce a more interesting building form. As
the building increases in height, its upper portion should become
more slender and ornamental. Mechanical equipment on the roof
would be enclosed and integrated into the design of the building.
3. Public Art Work.
a. There is a broad view of what constitutes art, and it is desired
to encourage a high -quality, imaginative interpretation of the
various media. Works of art may be merely decorative, or both
decorative and functional. Over time, new materials and art forms
may be developed. Therefore, art work may include, but is not limited
to two or three dimensional works in all media such as oil or acrylic
on canvas, textiles, photography, ceramics, wood, paper, metal,
stone, etc. Art work may also include fountains, mobiles, special wall
or paving surface, mosaics, murals, landscaping elements, and other
decorative features. Interdisciplinary projects and collaborations are
encouraged, as are works involving sound, touch and other senses.
b. Art work should be an integral part of the design of the building
or public open space, and should be compatible in bulk, scale,
design, texture, color, and shape with the space in which if is located.
It shall be located so that it is clearly visible to people using the public
space, and whenever possible, visible from the street.
C. The setting for art work shall be designed in such a way as to
provide comfort and amenity, and accommodate people viewing it
Ordinance Amending Chapters 17.25 And 17.26 of the BMC Relating to Floor Area Ratio in the Central Business IC-BI
Zone and Commercial Center C-CI Zone ' AN
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by incorporating such features as steps, ledges, benches and other
seating, or provide rails or other architectural features to lean against.
d. The property owner shall be responsible for the maintenance
of all art features for the life of the building or open space.
4. Voluntary Building Setback.
a. Voluntary building setbacks are intended to expand the
landscaped area along streets to encourage additional open space
along public streets that link large open space areas, parks and
plazas.
b. The additional setback area should provide ample room for
landscaping that will complement existing street landscaping and
the building.
5. Overhead Weather Protection.
a. Overhead weather protection is intended to improve
pedestrian comfort along pedestrian routes.
b. Overhead protections should be permanent and
nonretractable with a minimum protection width of six feet.
C. At least one-half of the overhead protections should be over
the public sidewalk or walkway. An encroachment permit shall be
obtained from the public works department for any overhead
protection over public right-of-way.
d. No covering shall extend more than ten feet or to a point within
two feet from the curb flow line, whichever is less. The entire area
under the weather protection shall be unobstructed by structural
elements such as columns.
e. The lower edge of the overhead protection shall be a
minimum of eight feet and a maximum of twelve feet above the
sidewalk.
6. Day Care Facilities (Children and Adult).
a. Day care facilities provide a safe and supportive environment
for a wide range of educational, social and health related services
for both children and adults. Encouraging the integration of these
Ordinance Amending Chapters I7.25 And 17.26 of the BMC Relating to Floor Area Ratio In the Central Business (C-B)
Zone and Commercial Center (C-C) Zone
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facilities into mixed use developments allow these services to be near
both homes and workplaces helping caregivers better manage
quality time at both work and home. The location of these facilities
near employment centers and residential neighborhoods can also
contribute to reducing automobile congestion, air pollution, and
enhance the ability to blend civic, volunteer and work interests into
sustainable communities.
17.25.100 Minimum lot area.
There shall be no lot minimum requirement in a C-B zone.
SECTION 2.
Chapter 17.26 of the Bakersfield Municipal Code is hereby amended to
read as follows:
C-C COMMERCIAL CENTER ZONE'
Sections:
17.26.010 Generally.
17.26.020 Uses permitted.
17.26.030 Uses permitted subject to planning director review and approval.
17.26.040 Uses permitted subject to conditional use permit.
17.26.050 Additional requirements.
17.26.060 Building height.
17.26.070 Front, rear and side yards.
17.26.080 (Reserved).
17.26.090 Public benefit features.
17.26.100 Minimum lot area.
17.26.110 Distance between buildings on the some lot.
* Prior history: prior code §§ 17.29.010-17.29.060 and Ords. 2706, 2831 and 3395.
17.26.010 Generally.
The regulations set out in this chapter shall apply in the C-C (commercial center)
zone. This zone is intended for those areas in the city that are planned for large-
scale mixed use development centers consisting of commercial and high density
residential uses.
17.26.020 Uses permitted.
The following uses are permitted in a C-C zone:
Ordinance Amending Chapters 17.25 And 17.26 of the 8MC Relating to Floor Area Ratio in the Central Business (C-B)
Zone and Commercial Center (C-C) zone
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A. Any use listed in the uses permitted section in the C-O, C-1 and C-2 zones.
B. Any of the following uses:
1. Apartment hotel, roominghouse, single room occupancy;
2. Bus, train and other transit station, provided that transit vehicles are
not stored on -site and no repair work or servicing of transit vehicles is
conducted on -site;
3. Parking garage or surface lot;
4. Police, fire and other emergency service alarm centers;
5. Post office and other courier or parcel delivery service;
6. Sidewalk use, including but not limited to outdoor seating, subject to
issuance of an encroachment permit;
7. Multiple -family dwelling;
8. Single-family dwelling provided it is attached to and accessory to a
commercial use.
C. Mixed combinations of uses allowed in subsections A and B of this section
are permitted.
D. Accessory buildings, structures or uses necessary to support the principal
use located on the same lot or parcel of land.
17.26.030 Uses permitted subject to planning director review and approval.
The following uses may be permitted in the C-C zone subject to review and
approval by the planning director:
A. Public utility structures;
B. Water pump stations;
C. Itinerant merchant, including street vendors, subject to city permit and
business license;
D. Promotional activities as defined in this code;
Ordinance Amending Chapters 17.25 And 17.26 of the BMC Relating to Floor Area Ratio in the Central Business iC-B)
Zone and Commercial Center IC -CI Zone gAKia
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E. Public benefit features pursuant to Section 17.26.090.
17.26.040 Uses permitted subject to conditional use permit.
A. The following uses are permitted in a C-C zone only with the approval of a
conditional use permit issued in accordance with the procedures provided in
Chapter 17.64 of this code:
Adult day care;
2. Assisted living facility;
3. Banquet venue;
4. Bars, nightclubs, cabarets, cocktail lounges or other establishments
selling alcoholic beverages for on -site consumption where such use,
including entertainment, is the primary business;
5. Food and/or shelter service as defined in Section 17.04.285;
6. Kennels;
7. Movie theater serving alcohol;
8. Recycling centers, as defined by Public Resources Code Section
14520, that are within a convenience zone, as defined by Public Resources
Code Section 14509.4;
9. Scientific research and testing services;
10. Swap meets, flea markets and auction houses;
11. Single-family dwelling that is not accessory to a commercial use.
17.26.050 Additional requirements.
The following requirements shall apply to all development permitted by this
chapter:
A. All permitted and conditional uses pursuant to this chapter shall be subject
to site plan review as provided in Chapter 17.08.
B. Landscaping shall be subject to the requirements of Chapter 17.61.
Ordinance Amending Chapters 17.25 And 17.26 of the BMC Relating to Floor Area Ratio in the Central Business (C-B)
Zone and Commercial Center (C-C) Zone gAH1c
- Page 9 of 14 -- .F ''a
C. Off-street parking and loading shall be subject to the requirements of
Chapter 17.58.
D. Signs shall be subject to the requirements of Chapter 17.60.
E. Commercial development proposed adjacent to property zoned or
designated for residential development shall be required to be separated by a
solid masonry wall constructed a minimum height of six feet from highest grade.
Any wall located within or along the front yard area shall not exceed a height of
four feet. Along street frontages, landscaping shall be required in lieu of or in
combination with a solid wall, as determined by the development services
director, to screen the commercial development from the residential uses.
F. Open storage of material and equipment permitted in this zone shall be
surrounded and screened by a solid wall or fence, including solid gates where
necessary, not less than six feet in height. Materials shall not be stacked above
the height of the screening.
G. All outside mechanical equipment shall be enclosed or screened from
public street view. Bases of towers and antennas shall be screened or enclosed
to a height of fifteen feet above grade if not camouflaged.
H. Roof -top areas of commercial structures shall be completely screened from
view by parapets or other finished architectural features constructed to a height
of the highest equipment and unfinished structural element or architectural
feature of the building. This requirement shall apply to all new commercial
construction and remodeling of existing commercial structures which involve a
change of fifty percent or more of the roof structure or an addition of fifty percent
or more to the floor area of the commercial structure.
17.26.060 Building height.
Building height requirements in a C-C zone shall not exceed one hundred eighty
feet (approximately twelve stories).
17.26.070 Front, rear and side yards.
There shall be no minimum front, side or rear yard in a C-C zone; however, where
a lot abuts any R, E, MH zone, or PUD project of a single-family nature, there shall
be a minimum setback from any side or rear property line of twenty feet.
17.26.080 (Reserved).
Ordnance Amending Chapters 17.25 And 1726 of the BMC Relating to Floor Area Ratio in the Central Business C-BI
Zone and Commercial Center IC -CI Zone gA Kg
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17.26.090 Public benefit features.
A. The following public benefit features are encouraged:
1. Open Space, Atrium, Plaza, or Garden Available to the Public
a. These areas are intended to provide public open space which
provides quiet retreats from surrounding activity in the intensely
developed areas of downtown or a center. While relatively small,
they should be flexible in design to accommodate passive
recreational activities, as well as allow events and public gatherings.
They should also be strategically located to denote important
places, create a focus for surrounding development, and increase
light and air at the street level. Weather protected areas can serve
to function as an interior park to give the public relief from extreme
weather conditions.
b. An open space area shall be directly accessible from a public
sidewalk with accessibility to the handicapped meeting state
handicapped requirements.
C. Permanent art may be incorporated as part of the open areas
as set forth in this subsection.
d. Kiosks, displays, art exhibits, and retail vendors are permitted
provided they are portable in nature and use of the open area by
the public is not precluded. The total area occupied by such uses
should not exceed twenty-five percent of the total open area.
e. Interior pedestrian lighting shall be provided.
f. Directory or directional signs may be permitted pursuant to
Chapter 17.60.
2. Sculptured Building Tops
a. Sculptured building tops are intended to provide visual interest
and variety in the downtown or center skyline. They have the
greatest impact in the downtown area where the tallest buildings are
permitted. A sculptured building top which modifies the silhouette of
a building by reducing the area of the top floors, reduces the overall
bulk of the building to produce a more interesting building form. As
the building increases in height, its upper portion should become
Ordinance Amending Chapters 17.25 And 17.26 of the BMC Relating to Floor Area Ratio in the Central Business IC-BI OAKF,
Zone and Commercial Center (C-C) Zone
— Page 11 of 14 --
'ORIGINAL
more slender and ornamental. Mechanical equipment on the roof
would be enclosed and integrated into the design of the building.
3. Public Art Work.
a. There is a broad view of what constitutes art, and it is desired
to encourage a high -quality, imaginative interpretation of the
various media. Works of art may be merely decorative, or both
decorative and functional. Over time, new materials and art forms
may be developed. Therefore, art work may include, but is not limited
to, two- or three-dimensional works in all media such as oil or acrylic
on canvas, textiles, photography, ceramics, wood, paper, metal,
stone, etc. Art work may also include fountains, mobiles, special wall
or paving surfaces, mosaics, murals, landscaping elements, and
other decorative features. Interdisciplinary projects and
collaborations are encouraged, as are works involving sound, touch
and other senses.
b. Art work should be an integral part of the design of the building
or public open space, and should be compatible in bulk, scale,
design, texture, color, and shape with the space in which it is located.
It shall be located so that it is clearly visible to people using the public
space, and whenever possible, visible from the street.
C. The setting for art work shall be designed in such a way as to
provide comfort and amenity, and accommodate people viewing it
by incorporating such features as steps, ledges, benches and other
seating, or provide rails or other architectural features to lean against.
d. The property owner shall be responsible for the maintenance
of all art features for the life of the building or open space.
4. Voluntary Building Setback.
a. Voluntary building setbacks are intended to expand the
landscaped area along streets to encourage additional open space
along public streets that link large open space areas, parks and
plazas.
b. The additional setback area should provide ample room for
landscaping that will complement existing street landscaping and
the building.
5. Overhead Weather Protection.
Ordinance Amending Chapters 17.25 And 17.26 of the BMC Relating to Floor Area Ratio in the Central Business (C-B)
ePKF9
Zone and Commercial Center C-C) Zone pQ S
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a. Overhead weather protection is intended to improve
pedestrian comfort along pedestrian routes.
b. Overhead protections should be permanent and
nonretractable with a minimum width of protection six feet.
C. At least one-half of the overhead protection should be over
the sidewalk within the public right-of-way. An encroachment permit
shall be obtained from the public works department.
d. No covering shall extend more than ten feet or to a point within
two feet from the curb flow line, whichever is less. The entire area
under the weather protection shall be unobstructed by structural
elements such as columns.
e. The lower edge of the overhead protection shall be a
minimum of eight feet and a maximum of twelve feet above the
sidewalk.
6. Day Care Facilities (Children and Adult).
a. Day care facilities provide a safe and supportive environment
for a wide range of educational, social and health related services
for both children and adults. Encouraging the integration of these
facilities into mixed use developments allow these services to be near
both homes and workplaces helping caregivers better manage
quality time at both work and home. The location of these facilities
near employment centers and residential neighborhoods can also
contribute to reducing automobile congestion, air pollution, and
enhance the ability to blend civic, volunteer and work interests into
sustainable communities.
17.26.100 Minimum lot area.
There shall be no lot minimum requirement in a C-C zone; however, all buildings
used exclusively for dwelling purposes shall comply with the provisions of the R-4
zone.
17.26.110 Distance between buildings on the same lot.
None; however, all buildings used exclusively for dwelling purposes shall comply
with the provisions of the R-4 zone.
SECTION 3.
Ordinance Amending Chapters 17.25 And 17.26 of the BMC Relating to Floor Area Ratio in the Central Business C-81
Zone and Commercial Center (C-C) Zone 0pxE9
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This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days after the
date of its passage.
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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
FEB 2 _ 2023 by the following vote:
✓ ✓ ✓ ✓ ✓ ✓
YES'. COUNCILMEMBER ARIAS, GONZALES. WEIR, SMITH, FREEMAN, GRAY, KAUR
NOES: COUNCILMEMBER
ABSTAIN'. COUNCILMEMBER
ABSENT: COUNCILMEMBER
4IEDRIMAKIS MMI
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: FEB 2 2 2023
By
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City At rney�
VIRIDIANA GALLARDO-KIN
Deputy City Attorney
VGK/vlg
S:\COUNCIL\Ords\22-23\12.25 and 17.26FIocrAredRdtIpRdIn.docx
Ordinance Amending Chapters 17.25 And 17.26 of the BMC Relating to Floor Area Ratio in the Central Business (C-BI
OAKi
Zone and Commercial Center 1C-CI Zone p 9s
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern )ss.
JULIE DRIMAKIS, 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 24th day of February 2023 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Ordinance No.
5120 passed by the Bakersfield City Council at a meeting held on the 22nd dov
of February 2023 and entitled:
AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING CHAPTERS 17.25 AND
17.26 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO FLOOR AREA RATIO IN
THE CENTRAL BUSINESS (C-B) ZONE AND COMMERCIAL CENTER (C-C) ZONE.
JULIE DRIMAKIS, MMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
B.
D T City Clerk
S:\D000MENTFORMSWOP. ORD wpd