HomeMy WebLinkAboutORD NO 5153ORDINANCE NO.�
ORDINANCE AMENDING AND REPEALING VARIOUS
SECTIONS OF TITLE 17, CHAPTER 17.08 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 17.08 of the Bakersfield Municipal Code is hereby
amended to read as follows:
Title 17 - Zoning
Chapter 17.08 - General Regulations Including Site Plan Review
Sections:
17.08.070
Exemptions from site plan review.
17.08.090
Overlooks into residential rear yards.
17.08.120
Reserved.
17.08.140
Design standards for retail developments.
17.08.170
Yard encroachments.
17.08.180
Fence, walls and hedges —Regulations.
SECTION 2.
Title 17, Chapter 17.08, Sections 17.08.070 and 17.08.090 of the Bakersfield
Municipal Code are hereby amended to read as follows:
17.08.070 Exemptions from site plan review.
The following are specifically exempt from and do not require site plan approval:
A. Uses allowed as permitted uses in the R-1, R-S, RH, A, A-20A, FP-P and FP-S
zones;
B. Normal maintenance and repair of improvements and exterior remodeling
not requiring a building permit;
C. Interior improvements which do not involve changes to the exterior of a
building or a change of use or intensity of use;
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D. Subdivision of land;
E. Change of use of an existing building from a permitted use of one class or type
to a permitted use of a different class or type not associated with the
enlargement of space or modification of development standards, zoning
regulations or policies;
F. Parking lot restriping/redesign;
G. Outdoor advertising signs;
H. Wireless telecommunication facilities in accordance with Chapter 17.59 of this
code;
I. Metal storage containers;
J. Utility buildings and structures (unoccupied);
K. Carports;
L. Paint booth additions;
M. Classroom additions to religious institutions;
N. Farmers market;
O. Used car sales where lot is already improved;
P. New surface parking lot;
Q. Additions of accessory buildings on a developed commercial or industrial site;
R. Equipment/contractor storage yards where there are no buildings or
employees;
S. Fallout shelter.
17.08.090 Overlooks into residential rear yards.
A. The intent of this section is to provide a reasonable degree of privacy to and
screening of residential rear yards adjacent to multistory office, commercial,
industrial, apartment or condominium structures. Screening shall only apply to the
rear yard of the impacted residential property, being defined as a three-
dimensional area measured horizontally between the rear property line and the
residential structure, and measured vertically between the grade of the
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residential structure's foundation and a plane five feet above such grade. This
section does not intend to provide a total screening of the affected yard area, or
the affected residence's building walls and windows.
B. Screening shall apply to overlooks from all windows, balconies, and decks from
the second floor and above, in office, commercial, industrial, apartment or
condominium structures containing three or more units that are within one
hundred fifty feet of property zoned for R-1, R-S, MH, PUD projects and
condominium projects of a single -unit character with private rear yards. This
section shall not apply to overlooks from buildings to yards within the same
planned unit development projects.
C. If a building subject to this section begins construction and the property within
one hundred fifty feet of it in the above cited residential zones is vacant, then it
shall not be required to screen that vacant property from its view.
D. Where a project has a severe overlook problem because of topography,
height of structure or other unusual conditions, the building and planning directors
may require a landscape plan to provide a long term screening solution (effective
within five years) within three hundred feet of property zoned R-1, R-S, MH, PUD
projects and condominium projects of a single- unit character with private rear
yards.
E. Where a project falls under the provisions of this section, a conceptual
screening plan shall be submitted with the site plan review application. Where
possible, the screening plan shall incorporate the use of landscaping.
F. The decision as to what is a reasonable degree of privacy and a reasonable
plan to accomplish such privacy shall be determined by the building and
planning directors. In making such decision, the directors shall consider the
following factors:
1. Topography and zoning of neighboring properties;
2. Design alternatives;
3. Cost;
4. Timing of development;
5. Building code and fire safety regulations;
6. Other factors determined to be significant by the directors.
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G. Methods which may be used to accomplish screening include, but are not
limited to:
1. No windows, balconies or decks facing the affected residential property;
2. Windows with sills a minimum of five feet above the floor;
3. Translucent glass;
4. Wing walls;
5. Louvers appropriately directed;
6. Landscaping;
7. Awnings when used as an interim screening in connection with a
permanent landscaping plan;
8. Other design solutions which accomplish essentially the same results as
determined by the directors;
9. Separation of the multistory building from the closest portion of the yard
being protected by a minimum distance of one hundred fifty feet measured
horizontally.
SECTION 3.
Title 17, Chapter 17.08, Section 17.08.120 of the Bakersfield Municipal Code
is hereby repealed in its entirety:
17.08.120 Reserved.
SECTION 4.
Title 17, Chapter 17.08, Sections 17.08.140, 17.08.170 and 17.08.180 of the
Bakersfield Municipal Code are hereby amended to read as follows:
17.08.140 Design standards for retail developments.
A. Purpose. Bakersfield is concerned with the future design of its commercial
areas, specifically with the growth of retail developments. At the same time, it is
important to encourage economic development. These standards help mitigate
unwanted design, while encouraging developers to incorporate good
community architecture that enhances the city's character and quality of life. In
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addition to the requirements herein, all landscaping projects shall adhere to that
certain Model Water Efficient Landscaping Ordinance (MWELO) as adopted in
California Code of Regulations, Title 23, Chapter 2.7 of this code as adopted by
the state.
B. Applicability.
1. These standards shall apply to all 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 D of this section shall
apply to all commercial and industrial projects, regardless of size, which are
subject to site plan review.
2. These standards are in addition to any other development requirements
as required by this title, including but not limited to zone district regulations,
signs, parking, landscaping, and accessory uses.
C. Expansion to Existing Retail Developments.
a. An addition to an existing retail development that was initially subject
to these standards shall be required to comply with the requirements of
this section.
b. An addition to an existing retail development that was not previously
subject to the requirements of this section is required to comply with this
section if the gross floor area of such establishment as a single expansion
or cumulatively is increased by fifty percent or more, or exceeds fifty
thousand square feet.
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 Highway.
D. Building Design Standards.
1. Exterior building walls and facades over one hundred feet in length shall
incorporate wall plane projections or recesses with a depth of at least three
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percent of the length of the facade and extending along at least twenty
percent of the length of the facade. No facade shall have an uninterrupted
length of flat wall that exceeds one hundred horizontal feet. Facades that
face public streets shall include arcades, display windows, entry areas, or
other such permanent features along no less than sixty percent of their
horizontal length.
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Projections/recesses shall comprise at
least 20% of fagade length with a
minimum depth of 3% of fagade length
WINDOWS AWNINGS ENTRY AREAS ARCADES
Animating features such as these must total 60% of the total facade length
for any fagade abutting a public street
Building Fagades
2. All building facades must include no less than three of the following
elements. At least one of the elements (subsection (D) (2) (a), (D) (2) (b) or
(D) (2) (c) of this section), shall occur horizontally. All elements shall occur at
intervals of no more than thirty feet, either horizontally or vertically.
a. Color change;
b. Texture change;
c. Material change;
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d. An expression of architectural or structural bays through a change in
plane no less than twelve inches in width, such as an offset, reveal or
projecting rib, or other architecturally appropriate feature.
Expression of ArchOctural or Structural Bay
3. In multiple building developments, each individual building shall include
prominent architectural characteristics shared by all buildings in the center so
that the development forms a cohesive sense of place.
4. Rooflines shall be varied with a change in height every one hundred 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 of the height
of the supporting wall. All parapets shall feature three-dimensional cornice
treatment.
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Parapet Standards
5. 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.
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 predominant theme throughout the project area.
6. 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 predominant color palette
shall consist of earth- and natural -toned colors that blend with the
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surrounding area. A variety of these colors is encouraged to allow
individuality but maintain a cohesive sense of place for the entire center.
7. Finished exterior building materials shall not include smooth -faced
concrete block, tilt -up concrete panels or prefabricated steel panels as a
major component (more than fifty percent) of each fagade or exterior wall.
E. Entryways.
a. For projects exceeding fifty thousand square feet of gross floor area,
and/or five acres of net buildable area, at least two sides of the retail
development shall feature customer entrances. The two required sides
shall be those planned to have the highest level of public pedestrian
activity. One of the sides shall be that which most directly faces a primary
public or private street with pedestrian access. The other may face a
second street with pedestrian access or the main parking lot area if there
is no second street. All entrances shall be architecturally prominent and
clearly visible from the abutting public street.
b. Public entrances must include architectural elements that emphasize
the entry. Each retail development on a site shall have clearly defined,
highly visible customer entrances featuring no less than three of the
following:
i. Canopies or porticos;
ii. Overhangs;
iii. Recesses/projections;
iv. Arcades;
v. Raised corniced parapets over the door;
vi. Peaked roof forms or towers;
vii. Arches;
viii. Plazas or outdoor patios;
ix. Display windows;
x. Fountains or other water features;
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xi. Architectural details such as file work and moldings that are
integrated into the building structure and design;
xii. Integral planters or wing walls that incorporate landscaped areas
and/or places for sitting.
c. Weather protection elements shall be provided at all public entrances.
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Building Entrances
(example of a development with customer entrances on all sides that face a public street)
F. Parking Lot Design.
1. Where minimum parking requirements are fifty or more spaces, no more
than sixty percent of the off-street parking area for the entire area of land
devoted to the retail development shall be located between the front facade
of the retail development and the abutting streets unless the parking lots are
screened from view by other freestanding pad buildings, or landscaping with
trees and incorporating berms, retaining walls, hedges, or combination
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thereof at least four feet high, plazas, water elements, or other such features
that diminish the visual impression of a mass parking lot from the public rights -
of -way. Option 2 shall include the planting of shrubs between the wall and the
sidewalk.
2. Where minimum parking requirements are fifty or more spaces, parking lots
shall be divided into sections of two hundred spaces or less with internal
pedestrian walkways, buildings or landscaped open areas. Pedestrian ways
shall be subject to the provisions of subsection E of this section.
3. Areas for bicycle parking shall be provided throughout the center and shall
not interfere with pedestrian walkways when required by building code.
4. If shopping carts are to be provided, cart corrals shall be installed and
generally distributed across parking area.
G. Pedestrian Circulation.
1. For projects exceeding fifty thousand square feet of gross floor area,
and/or five acres of net buildable area, meandering sidewalks at least six feet
in width shall be provided along all sides of the retail development that abuts
a local public street, and meandering sidewalks at least eight feet in width
shall be provided along all sides of the retail development that abuts a
collector or arterial public street.
2. For projects exceeding fifty thousand square feet of gross floor area,
and/or five acres of net buildable area, continuous internal pedestrian
walkways, no less than six feet in width, shall be provided from a public
sidewalk or right-of-way to the principal customer entrances of all retail
developments on the site, including all freestanding pad buildings. Pedestrian
walkways shall link all buildings in the development. At a minimum, walkways
shall connect focal points of pedestrian activity such as, but not limited to,
transit stops, street crossings, building and store entry points, and shall feature
adjoining landscaped areas that include trees, shrubs, benches, flower beds,
ground covers or other such materials for no less than fifty percent of the
length of the walkway. Use of decorative arbors, freestanding arcades or
other weather protection structures is permitted.
3. Sidewalks, no less than six feet in width, shall be provided along the full
length of the building along any facade featuring a customer entrance, and
along any facade abutting public parking areas. Such sidewalks shall be
located at least six feet from the facade of the building to provide planting
beds for foundation landscaping, except where features such as arcades or
entryways are part of the facade.
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4. All internal pedestrian walkways shall be clearly distinguished from driving
surfaces using durable, low maintenance surface materials such as pavers,
bricks or scored concrete to enhance pedestrian safety and comfort, as well
as the attractiveness of the walkways.
5. Parked vehicles shall not overhang into any pedestrian walkways.
6. Pedestrian access to adjacent residential neighborhoods shall be
provided where local streets abut the project. This access shall connect
directly to focal points in the project such as, but not limited to,
community/public spaces, main building or store entries, or transit stops
without traversing through loading areas, buildings rears, etc. These
pedestrian walkways shall be clearly distinguished from driving surfaces using
durable, low maintenance surface materials such as pavers, bricks or scored
concrete to enhance pedestrian safety and comfort, as well as the
attractiveness of the walkways.
H. Central Features and Community Space. For projects exceeding twenty
thousand square feet of gross floor area, and/or two and one-half acres of net
buildable area, each retail establishment subject to the standards in this section
shall contribute to the establishment or enhancement of community and public
spaces by providing at least two of the following:
1. Pedestrian plaza or patio with seating;
2. Transportation/transit center;
3. Covered window shopping walkway along at least seventy-five percent
of primary building;
4. Outdoor playground area;
5. Water feature;
6. Clock tower;
7. Any other such deliberately shaped area and/or focal feature or amenity
that enhances the community and public spaces of the center.
Any such areas shall have direct access to the public sidewalk network and such
features shall not be constructed of materials that are inferior to the principal
materials of the building and landscape.
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Center With Community Features
I. Delivery/Loading and Solid Waste Operations. For Projects Exceeding Fifty
Thousand Square Feet of Gross Floor Area and/or Five Acres of Buildable Area.
1. No delivery, loading, trash removal or compaction, or other such
operations shall be within thirty feet of any properties zoned or developed with
residential uses.
2. In addition to compliance with the noise level performance standards
table in the noise element of the Metropolitan General Plan for exterior
daytime/nighttime exterior noise levels, other than trash removal by the city or
its contractors, all loading, unloading, delivery, private refuse collection and
related operations shall not be permitted between the hours of ten p.m. and
seven a.m. adjacent to any land zoned or developed with residential uses.
These activities may occur if the developer submits evidence to the city that
sound mitigation will reduce the noise generated by such operations to less
than three dBA above the measured background noise level at the same
period for any three continuous minutes in any hour during the operation as
measured at the property line adjacent to said residential lands. Evidence of
compliance must include background data (without the subject equipment
operating) at said property line for the subject period, modeling results or test
data from the proposed equipment, or noise data gathered from a similar
location if approved by the city.
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3. Loading docks shall include separate walls for noise attenuation adjacent
to residential areas and be screened with landscaping (evergreen trees
twenty feet on center) so the loading docks are not visible from residential
areas or public streets.
4. Trash pickup areas shall not be visible from public streets unless the
enclosure areas are architecturally designed matching the design of the
center.
J. Storage, Seasonal Sales, Miscellaneous.
1. Storage of materials and merchandise is prohibited unless screened in
accordance with this title, including use of landscaping. Vending equipment
and shopping cart storage areas must be screened from public view and not
impede pedestrian ways.
2. Seasonal sales of merchandise shall not be permitted in any required
parking area but shall be within a screened area dedicated for such use.
3. Truck trailers shall not remain on the site for more than forty-eight hours
(loading and unloading only). Truck or trailer storage, or use of trailers for
product storage is prohibited.
4. Metal storage containers as defined in Section 17.04.464 and any other
portable storage containers for permanent or temporary use, except for
construction and/or remodeling purposes, are prohibited.
17.08.170 Yard encroachments.
Where yards are required in this title, they shall be not less in depth or width than
the minimum dimension specified for any part, and they shall be at every point
open and unobstructed from the ground upward, except as follows:
A. Cornices, canopies, carports, eaves, patio or porch covers, or other similar
architectural features not providing additional floor or interior space within the
building may extend into a required side yard not to exceed two feet or rear yard
not to exceed three feet. This encroachment may include structural supports to
the ground, however, the open area of the longest wall and one additional wall
of a carport, patio, porch or similar enclosure shall be equal to at least sixty-five
percent of the area of each wall. Openings may only be enclosed with insect
screening or similar material that allows unrestricted outside air circulation.
B. Open unenclosed, uncovered porches, platforms or landing places which do
not extend above the level of the first floor of the building, with the exception of
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guard rails as may be required by the building director, may extend into any front,
side or rear yard not more than six feet.
C. Detached accessory buildings may occupy side and rear yards as provided
in Section 17.08.130.
D. Carports, patios, porches, or similar enclosures that provide covered space
constructed before January 1, 1988 shall be deemed legal nonconforming
structures subject to the provisions of Chapter 17.68 of this code. The building
director shall make the final determination as to the age of said structures.
17.08.180 Fence, walls and hedges —Regulations.
A. In the R-1, R-2, R-3, R-4, R-5, R-6, MX-1, and MX-2 zones, no fence, wall or hedge
located in the rear or side yards shall exceed a height of six feet unless a greater
height is required by city or state regulations for noise attenuation or sight
screening. On all through lots located in these zones in which the rear lot line abuts
a state highway, major highway or secondary highway and is below the grade of
the roadway, at the roadway grade, or less than ten feet above the roadway
grade, a masonry wall as defined by Section 17.04.462 shall be provided.
B. In the R-1, R-2, R-3, R-4, R-5, R-6, MX-1, and MX-2 zones, no fence, wall or hedge
located in the required front yard shall exceed a height of four feet, except in the
following situations, in which such fence or wall may be higher but shall not
exceed a height of six feet:
1. Where, as determined by the planning commission, a side yard is adjacent
to an arterial or collector street and a higher wall is necessary to finish the
required subdivision wall.
2. Where, as determined by the city council, planning commission, or
planning director, a higher fence or wall is necessary for purpose of noise
attenuation.
C. Reserved.
D. In the R-1, R-2, R-3, R-4, R-5, R-6, MX-1, and MX-2 zones no barbed or electrified
wire shall be used or maintained in or about the construction of a fence, wall or
hedge along the front, side or rear lines of any lot, or within three feet of said lines,
and no sharp wire or points shall project at the top of any fence or wall less than
six feet in height.
E. In the C-O, C-C, C-1, C-2, M-1 and M-2 zones no barbed or electrified wire
shall be erected, installed, used or maintained or caused to be erected, installed,
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used or maintained on, in or about any fence, wall or hedge along the front, side
or rear lines of any lot, nor shall any barbed wire be erected, installed, used or
maintained or caused to be erected, installed, used or maintained, for fencing
purposes, or as a barrier across or around any lot, or portion thereof, or around
any building or structure upon or along any street, alley or public way, unless the
lowest strand of barbed wire is installed not less than six feet three inches above
the highest adjoining grade on either side of such fence; where barbed or
electrified wire is erected, installed, used or maintained in accordance with this
subsection, it shall not extend over or into any abutting property or public right-
of-way and shall, in all cases, either extend in toward the owner's side of such
fence or directly vertical, subject to approval by the building director.
F. In the A zone barbed or electrified wire for agricultural fencing purposes shall
be permitted to be erected, installed, used or maintained at locations at least
one thousand three hundred feet from any residential area as defined in Section
17.32.020, and not otherwise, subject to approval by the building director.
G. Fences constructed prior to September 1, 1983, intended to act as protective
enclosures and to make canals inaccessible to small children, are exempted from
the restrictions of subsections D, E and F of this section.
SECTION 5.
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.
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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
MAR 2 7 2024 by the following vote:
YE COUNCILMEMBER: ARIAS, GONZALES,-WE4R, SMITH, FRE MAN, GRAYAA4R-
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
COUNCILMEMBER k,C j
J LIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: 7 7 2024
By
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
By I -
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.
5153, passed by the Bakersfield City Council at a meeting held on the 27th day
of March 2024 and entitled:
ORDINANCE AMENDING AND REPEALING VARIOUS SECTIONS OF TITLE 17,
CHAPTER 17.08 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ZONING.
JULIE DRIMAKIS, MMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
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lv-N�TIY City Clerk
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