HomeMy WebLinkAboutORD NO 5151ORDINANCE NO.
ORDINANCE AMENDING, ENACTING AND REPEALING
VARIOUS SECTIONS OF TITLE 17, CHAPTER 17.04 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO ZONING.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Title 17, Chapter 17.04 of the Bakersfield Municipal Code is hereby
amended, enacted and repealed to read as follows:
Title 17 - Zoning
Chapter 17.04 - Definitions
Sections:
17.04.032
Acreage, gross.
17.05.035
Acreage, net.
17.04.050
Reserved.
17.04.060
Reserved.
17.04.140
Reserved.
17.04.150
Club, private.
17.04.154.50
Community care facility.
17.04.170
Dwelling, accessory unit (ADU).
17.04.180
Dwelling, accessory unit junior (JADU).
17.04.190
Dwelling, multi -unit.
17.04.195
Dwelling, single -room occupancy unit.
17.04.200
Dwelling, single -unit.
17.04.210
Reserved.
17.04.235
Emergency shelter
17.04.240
Family
17.04.320
Reserved.
17.04.352
Housing, employee, agriculture
17.04.353
Housing, employee
17.04.354
Housing, supportive.
17.04.355
Housing, transitional.
17.04.460.50
Low barrier navigation center.
17.04.465.25
Mixed -use.
17.04.465.50
Mixed -use, horizontal.
17.04.465.75
Mixed -use, vertical.
17.04.494.25
Places of assembly, commercial.
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17.04.494.50 Public and quasi -public uses.
17.04.498
Religious institution.
17.04.510
Reserved.
17.05.515
Sanctuary.
17.04.539
Reserved.
17.04.602
Reserved.
17.04.626
Reserved.
17.04.650
Use, change of.
SECTION 2.
Title 17, Chapter 17.04, Section 17.04.032 of the Bakersfield Municipal Code
are hereby enacted to read as follows:
17.04.032 Acreage, gross.
"Acreage, gross" means the entirety of the legal lot.
SECTION 3.
Title 17, Chapter 17.04, Section 17.04.035 of the Bakersfield Municipal Code
is hereby repealed and enacted to read as follows:
17.04.035 Acreage, net.
"Acreage, net" means the calculated area based on buildable area plus local
street. Net Acreage does not include dedications of roadway for Freeways,
Highways, Arterial and Collector streets, land dedicated for schools, parks,
drainage basins, and any land area deemed unbuildable because of
easements, such as underground pipelines or overhead powerlines.
SECTION 4.
Title 17, Chapter 17.04, Sections 17.04.050, 17.04.060, 17.04.140 of the
Bakersfield Municipal Code are hereby repealed in their entirety:
17.04.050
Reserved.
17.04.060
Reserved.
17.04.140
Reserved.
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SECTION 5.
Title 17, Chapter 17.04, Section 17.04.150 of the Bakersfield Municipal Code
is hereby amended to read as follows:
17.04.150 Club, private.
"Club, private" is any organization, group or association supported by the
members thereof, the primary purpose of which is to render a service or services
to its members, their guests or the community, but shall not include any
organization, group, or association, the chief activity of which is business or
commerce as defined by Section 17.04.120 of this title.
SECTION 6.
Title 17, Chapter 17.04, Section 17.04.154.50 of the Bakersfield Municipal
Code is hereby enacted to read as follows:
17.04.154.50 Community care facility.
"Community care facility" means any facility, place, or building that is maintained
and operated to provide nonmedical residential care, day treatment, adult day
care, or foster family agency services for children, adults, or children and adults,
including, but not limited to, the physically handicapped, mentally impaired,
incompetent persons, and abused or neglected children, and includes those
facilities as defined in Health and Safety Code Section 1502 and relevant sections
as may be amended from time to time.
SECTION 7.
Title 17, Chapter 17.04, Sections 17.04.170, 17.04.180, 17.04.190 of the
Bakersfield Municipal Code are hereby amended to read as follows:
17.04.170 Dwelling, accessory unit (ADU).
"Dwelling, accessory unit" means an attached or detached dwelling unit that
provides complete independent living facilities on the same parcel as a legal
single -unit or multi -unit dwelling, including permanent provisions for living,
sleeping, eating, cooking and sanitation. Accessory dwelling unit types include:
"Attached" means an accessory dwelling unit that is created in whole or in part
from newly constructed space that is attached to an existing or proposed primary
dwelling, such as through a shared wall, floor, or roofline.
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"Detached" means an accessory dwelling unit that is created in whole or in part
from newly constructed space that is detached or separated from the proposed
or existing primary dwelling, including an existing stand-alone garage converted
into an accessory dwelling unit. The detached accessory dwelling unit shall be
located on the same parcel as the existing or proposed primary dwelling.
"Converted" means an entirely located within the existing or proposed primary
dwelling or accessory structure, including but not limited to attached garages,
storage areas, or similar uses; or an accessory structure including but not limited
to studio, pool house, or other similar structure.
17.04.180 Dwelling, accessory unit, junior (JADU).
"Dwelling, accessory unit, junior (JADU)" means an accessory dwelling unit that is
located within the living space of an existing or proposed primary single -unit
dwelling, as defined in Section 17958.1 of the California Health and Safety Code,
and which meets the following requirements:
1. Shall only be allowed on parcels zoned for single -unit residences and that
include an existing or proposed single -unit dwelling.
2. Is entirely located within an existing or proposed primary single -unit
dwelling.
3. Has independent exterior access from the primary dwelling.
4. Has sanitation facilities that are either shared with or separate from those of
the primary dwelling.
5. Includes an efficiency kitchen, which includes a cooking facility with
appliances, food preparation counter, and storage cabinets that are of
reasonable size in relation to the size of the junior accessory dwelling unit.
17.04.190 Dwelling, multi -unit.
"Dwelling, multi -unit" is a structure, or portion thereof, designed for or occupied
by two or more families, each of which occupies a separate dwelling unit in which
each family lives independently of one another.
SECTION 8.
Title 17, Chapter 17.04, Section 17.04.195 of the Bakersfield Municipal Code
is hereby enacted to read as follows:
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17.04.195 Dwelling, single -room occupancy unit.
"Dwelling, single -room occupancy unit" means any residential structure
containing more than five units intended or designed to be used, rented, or hired
out to be occupied for sleeping purposes, generally for one person per unit.
Individual units typically share communal features, (e.g., kitchen, bathroom,
entertainment area).
SECTION 9.
Title 17, Chapter 17.04, Section 17.04.200 of the Bakersfield Municipal Code
is hereby amended to read as follows:
17.04.200 Dwelling, single -unit.
"Dwelling, single -unit" means a detached building containing only one kitchen,
which building is designed and used exclusively for occupancy by one family.
SECTION 10.
Title 17, Chapter 17.04, Section 17.04.210 of the Bakersfield Municipal Code
is hereby repealed in its entirety:
17.04.210 Reserved.
SECTION 11.
Title 17, Chapter 17.04, Section 17.04.235 of the Bakersfield Municipal Code
is hereby enacted to read as follows:
17.04.235 Emergency shelter.
"Emergency shelter" means housing with minimal supportive services for homeless
persons that is limited to an occupancy of six months or less as defined in
California Government Code Section 65582(d) and Health and Safety Code
Section 50801(e) .
SECTION 12.
Title 17, Chapter 17.04, Section 17.04.240 of the Bakersfield Municipal Code
is hereby amended to read as follows:
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17.04.240 Family.
"Family" means an individual or group of individuals, related or unrelated, living
together as a single housekeeping unit, including necessary servants. A family
does not include institutional group living situations such as a residential facility,
rest home, dormitory, or similar use, nor does it include such commercial group
living arrangements such as a motel, hotel, or similar use.
SECTION 13.
Title 17, Chapter 17.04, Section 17.04.285 of the Bakersfield Municipal Code
are hereby amended to read as follows:
17.04.285 Food and/or shelter service agency.
"Food and/or shelter service agency" means any entity, whether or not for profit,
not operated by the city, county, state, or federal government, and not deemed
a "residential use of property" under state law applicable to charter cities, which
regularly provides lodging and/or food services providing shelter, food and/or
day care free, or intentionally below cost, two or more days per week to persons
in need of such assistance. For purposes of this title, the term "food and/or shelter
service agency" does not include any incorporated entity providing food or
shelter during any duly proclaimed emergency.
SECTION 14.
Title 17, Chapter 17.04, Section 17.04.320 of the Bakersfield Municipal Code
are hereby repealed in its entirety:
17.04.320 Reserved.
SECTION 15.
Title 17, Chapter 17.04, Sections 17.04.352, 17.04.353, 17.04.354, 17.04.355,
17.04.460.50, 17.04.465.25, 17.04.465.50, 17.04.465.75, 17.04.494.25 and
17.04.494.50 of the Bakersfield Municipal Code are hereby enacted to read as
follows:
17.04.352 Housing, employee, agriculture.
"Housing, employee, agriculture" means housing provided for farmworkers.
Housing consists of any living quarters or dwelling, boarding house, barracks,
bunkhouse, mobile home, manufactured home, travel trailer, or other
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accommodations maintained in one or more structures. Employee housing,
agriculture, shall be in compliance with the California Health and Safety Code
17021.5, 17021.6 and 17021.8.
17.04.353 Housing, employee.
"Housing, employee" means housing provided for six or fewer employees and
shall be deemed a single -unit dwelling. Residents of the employee housing must
be employed by the owner of the home.
17.04.354 Housing, supportive.
"Housing, supportive" means housing with no limit on length of stay, that is
occupied by the target population and that is linked to on -site or off -site services
that assist the supportive housing resident in retaining the housing, improving his
or her health status, and maximizing his or her ability to live and, when possible,
work in the community. Supportive housing units are residential uses subject only
to those requirements and restrictions that apply to other residential uses of the
same type in the same zone.
17.04.355 Housing, transitional.
"Housing, transitional" means buildings configured as rental housing, but
operating under program requirements that require the termination of assistance
and recirculation of the assisted unit to another eligible program recipient at
some predetermined future point in time, which shall be no less than six months
from the beginning of the assistance. Transitional housing units are residential uses
subject only to those requirements and restrictions that apply to other residential
uses of the same type in the same zone.
17.04.460.50 Low barrier navigation center.
"Low barrier navigation center" means a shelter focused on temporarily housing
persons and connecting them with income opportunities, public benefits, and
health services prior to moving to permanent housing, in compliance with
Government Code Section 65660. Low barrier navigation centers must meet the
diverse needs of the population by allowing and accommodating people with
disabilities, pets and pet owners, partners, the storage of possessions, and for
survivors of domestic violence. means a lot having frontage on two parallel or
approximately parallel streets.
17.04.465.25 Mixed -use.
"Mixed -use" means a development consisting of one or more parcels developed
as a cohesive development project and designed with a blend of uses (e.g.,
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commercial retail, retail service, office, residential, civic, and institutional). The
uses may be located vertically in the same structure (see "Mixed -Use, Vertical" or
horizontally (see "Mixed -Use, Horizontal) in separate structures in compliance with
the standards established by this Title.
17.04.465.50 Mixed -use, horizontal.
"Mixed -use, horizontal" means any mixed -use development that incorporates
two or more different use categories alongside one another, either in one mixed -
use structure, or as two or more separate structures on one parcel.
17.04.465.75 Mixed -use, vertical.
"Mixed -use, vertical" means any mixed -use development that incorporates two
or more different use categories stacked in one multi -story mixed -use structure.
17.04.494.25 Places of assembly, commercial.
"Places of assembly, commercial" means a facility for public or private assembly
and meetings, including civic and private auditoriums, banquet halls, community
centers, conference and convention facilities; meeting halls for clubs, and other
membership organizations.
17.04.494.50 Public and quasi -public uses.
"Public and quasi -public uses" means a facility for public or semipublic use such
as civic buildings, community buildings and uses, and public utility uses including
substations, governmental buildings, museums, art galleries, fire houses, post
offices, police stations, libraries, parks, essential services, and similar uses, any of
which may have additional requirements to use set forth herein.
SECTION 16.
Title 17, Chapter 17.04, Section 17.04.498 of the Bakersfield Municipal Code
is hereby repealed and enacted to read as follows:
17.04.498 Religious institution.
"Religious institution" means a building, its accessory buildings and uses, where
persons regularly assemble for worship, which is maintained and controlled by a
religious body organized to sustain public worship. Includes Sunday school but
excludes schools and other educational institutions.
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SECTION 17.
Title 17, Chapter 17.04, Section 17.04.510 of the Bakersfield Municipal Code
is hereby repealed in its entirety:
14.04.510 Reserved.
SECTION 18.
Title 17, Chapter 17.04, Section 17.04.515 of the Bakersfield Municipal Code
is hereby amended to read as follows:
17.04.515 Sanctuary.
"Sanctuary" means a religious building or room in which general worship services
are held as an element of a religious institution.
SECTION 19.
Title 17, Chapter 17.04, Sections 17.04.539, 17.04.602 and 17.04.626 of the
Bakersfield Municipal Code are hereby repealed in their entirety:
14.04.539
Reserved.
17.04.602
Reserved.
17.04.626
Reserved.
SECTION 20.
Title 17, Chapter 17.04, Section 17.04.650 of the Bakersfield Municipal Code
is hereby amended to read as follows:
17.04.650 Use, change of.
"Use, change of means a change from one to another of the following
categories:
l . Commercial/retail other than restaurant or convenience store;
2. Restaurant or convenience store;
3. Industrial;
4. Multi -unit residential;
5. Office, other than medical office;
6. Religious institution;
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7. Hospital;
8. Medical office.
9. Changes from one use to another which is substantially dissimilar, as
determined by the planning director.
SECTION 21.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
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
MAR 2 7 2024 by the following vote:
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Q�: COUNCILMEMBER: ARIAS, GONZALES,-WEIR, SMITH, FREEMAN, GRAY, -*A- fi -
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
AB : COUNCILMEMBER 1� V4,CUA J)
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J LIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: MAR 2 7 2024
By O
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CIT)( ATTORNEY
VIRIDIANA GALLARDO-KING
Deputy City Attorney
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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 15th day of April 2024 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Ordinance No.
5151, passed by the Bakersfield City Council at a meeting held on the 27th day
of March 2024 and entitled:
ORDINANCE AMENDING, ENACTING AND REPEALING VARIOUS SECTIONS OF
TITLE 17, CHAPTER 17.04 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO
ZONING.
JULIE DRIMAKIS, MMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
B
D U Y CLity Clerk
SAD0CUMENl1F0RMSW0P.0RD.wpd
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