HomeMy WebLinkAboutORD NO 5154ORDINANCE NO.
ORDINANCE REPEALING AND ENACTING VARIOUS
SECTIONS OF TITLE 17, CHAPTER 17.10 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 17.10 of the Bakersfield Municipal Code are hereby
repealed and enacted to read as follows:
Title 17 - Zoning
Chapter 17.10 - Residential Zones
Sections:
17.10.010
Purpose and Intent of Residential Zones.
17.10.020
Residential Land Use Regulations and Allowable Uses.
17.10.025
Reserved.
17.10.030
Residential Zone Development Standards.
17.10.040
Other Applicable Standards and Regulations.
17.10.050
Reserved.
17.10.060
Reserved.
17.10.070
Reserved.
17.10.072
Reserved.
17.10.075
Reserved.
17.10.080
Reserved.
SECTION 2.
Title 17, Chapter 17.10, Sections 17.10.010 and 17.10.020 of the Bakersfield
Municipal Code are hereby repealed and enacted to read as follows:
17.10.010 Purpose and Intent of Residential Zones.
A. Purpose. The purpose of this Chapter is to describe the character and intent of
the City's residential zones, describe allowed land uses and permit requirements
in residential zones, identify any supplemental land use regulations applicable to
residential zones, and establish development standards for the same.
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B. Zoning Map. The boundaries, designations, and locations of the zones
established by this Zoning Code shall be in compliance with Chapter 17.06 (Zones
Established - Zoning Boundaries) and shown upon the map(s) entitled "Official
Zoning Map" of the City of Bakersfield " and referred to in this Zoning Code as the
Zoning Map. Any additional maps adopted shall also be a part of this Zoning
Code by reference. This Zoning Code, together with the Zoning Map, is hereby
adopted in compliance with current State planning, zoning, and development
laws.
C. Zone Purpose Statements.
1. R-S (Residential Suburban) Zone. The purpose of the R-S Zone is to provide
land areas for the use and occupancy of single -unit detached dwellings and
accessory dwelling units. It is the intent of this zone to promote a range of
single -unit product types on larger parcels, as well as provide for the allowance
of animal keeping under specific guidelines and operating standards. The
residential density range for this zone is 0 to 2 dwelling units per net acre.
2. R-1 (Single -Unit Dwelling) Zone. The purpose of the R-1 Zone is to provide
land areas for the use and occupancy of single -unit detached dwellings and
accessory dwelling units. It is the intent of this zone to protect and preserve
existing neighborhoods and promote the future development of lower -density
residential single -unit neighborhoods that provide a livable, walkable, and
sustainable residential environment. The residential density range for this zone
is 2.1 to 6 dwelling units per net acre.
3. R-2 (Small Lot Single -Unit Dwelling) Zone. The purpose of the R-2 Zone is to
provide land areas for the use and occupancy of single -unit dwellings and
accessory dwelling units and two -unit duplex dwellings. It is the intent of this
zone to promote and encourage single -unit and two -unit neighborhoods that
provide a livable, walkable and sustainable residential environment. The
residential density range for this zone is 6.1 to 13 dwelling units per net acre.
4. R-3 (Medium Density Multi -Unit Dwelling) Zone. The purpose of the R-3 Zone
is to provide land areas for the use and occupancy of accessory dwelling units,
two -unit dwellings, medium -density single -unit dwellings and medium -density
multi -unit dwellings. It is the intent of this zone to provide a livable, walkable
and sustainable residential environment similar to that found in small -lot single -
unit neighborhoods at densities that promotes medium -density duplexes,
condominiums, townhomes and apartments. The residential density range for
this zone is 13.1 to 20 dwelling units per net acre.
5. R-4 (High Density Multi -Unit Dwelling) Zone. The purpose of the R-4 Zone is to
provide land areas for the use and occupancy of multi -story, multi -unit
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dwellings (e.g., rowhouses, flats, condominiums, townhouses and apartments)
at higher densities that include on -site recreational amenities. It is the intent of
this zone to provide a livable, walkable, and sustainable residential
environment that ensures compatibility with surrounding lower -density single -
unit and multi -unit dwellings and neighborhood commerce. The residential
density range for this zone is 20.1 to 30 dwelling units per net acre.
6. R-5 (Very High Density Multi -Unit Dwelling) Zone. The purpose of the R-5 Zone
is to provide land areas for the use and occupancy of multi -unit dwellings (e.g.,
condominiums, townhouses, and apartments) at very -high densities in
proximity to neighborhood commercial centers. It is the intent of this zone to
provide a livable, walkable, and sustainable residential environment that
encourages development types that use innovative site planning. The
residential density range for this zone is 30.1 to 50 dwelling units per net acre.
7. R-6 (Urban Core) Zone. The purpose of the R-6 Zone is to provide land areas
for the use and occupancy of multi -unit dwellings (e.g., condominiums, mid -
rise, and high-rise apartments). It is the intent of this zone to encourage high -
intensity and centralized urban development along major corridors,
interchanges, transit hubs, and throughout downtown Bakersfield.
Development within this zone should initiate a transition to a more dense,
highly urban, walkable, and transit -oriented environment that serves as the link
between residential development and adjacent employment centers.
Projects in this zone should incorporate development standards to increase
street activation, provide a variety of onsite recreational amenities for
residents, and have direct access to employment centers. The minimum
residential density for this zone is 50.1. There is no maximum residential density
for this zone.
8. R-H (Residential Holding) Zone. The purpose of the R-H Zone to retain large
undeveloped land areas for future urban development. Once development
is proposed, a General Plan Amendment and change of zoning will be
required for consistency with the proposed development. This will ensure that
development progresses in an orderly and logical manner consistent with the
city's growth policies. The R-H zone is considered agricultural in nature as it will
allow both agricultural and petroleum resource uses to continue their
operations until such time urbanization takes place.
17.10.020 Residential Land Use Regulations and Allowable Uses.
Residential Zones Allowed Uses and Permit Requirements. Table 17.10-1 states
the uses allowed within each residential zone and any permits required to
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establish the use, in compliance with Chapter 17.08 (General Regulations
Including Site Plan Review).
Additional Regulations. Where the last column in Table 17.10-1 includes a
chapter or section number, the regulations in the referenced chapter or section
shall apply to the use. Provisions in other sections of this Zoning Code, Municipal
Code, and State Law may also apply.
Definitions. See Chapter 17.04 (Definitions) for land use definitions and
explanations.
Uses Not Listed. Uses not listed below may be reviewed by the Planning
Director to determine if they are similar to those listed and appropriate in this zone
and if so, what type of permit is required.
Table 17.10-1
Residential Zones Allowed Uses and Permit Requirements
Agricultural and Resource Uses
Accessory Agricultural Structures
and Uses
N
N
N
N
N
N
N
P
Agricultural and Horticulture
N
N
N
N
N
N
N
P
Animal Raising and Breeding
P
N
N
N
N
N
N
P
17.10.040
Drilling for and Production of
Petroleum
N
N
N
N
N
N
N
CUP
15.66
Recreation, Education, and Public Assembh I ses
Educational InstilL1110119
Elementary School
N
P
P
P
P
P
P
N
Junior High School
N
P
P
P
P
P
P
N
High School
N
P
P
P
P
P
P
N
College or University
N
N
N
N
N
N
N
N
Religious Institution
CUP
CUP
CUP
CUP
N
N
N
CUP
17.04.498
Public and Quasi -Public Uses
DRA
CUP
CUP
CUP
CUP
CUP
CUP
CUP
17.10.040
Residential Uses
Accessory Dwelling Unit (detached,
attached, junior
P
P
P
P
P
P
P
P
17.65
Accessory Structure
P
P
P
P
P
P
P
P
17.10.040
Child Day Care Home
17.04.165
P
P
P
P
P
P
P
P
Gov. Code Section
1597.30-1597.622
Community Care Facility, Large (six
17.04.154.50
or more residents)
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Health and Safety
Code Section 1502
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Table 17.10-1
Residential Zones Allowed Uses and Permit Requirements
CUP — Conditional Use I)ernift
Permit Requirement by Zone
Land Use
Additional
R-1
R-2
R-3
R-4
R-5
R-6
RH
Regulations
Community Care Facility, Small (up
17.04.154.50
to six residents)
P
P
P
P
P
P
P
P
Health and Safety
Code Section 1502
Emergency Shelter
N
N
N
N
N
N
N
N
Employee Housing, up to six
13
P
13
P
P
P
13
P
residents
Home Occupation
13
P
13
P
P
P
P
P
17.04.330
17.63
California Health
Housing, Employee, Agriculture
N
N
N
P
P
N
N
N
and Safety Code
17021.5, 17021.6
and 17021.8
Low Barrier Navigation Center
N
N
N
N
N
N
N
N
Assembly Bill 101
AB 101
Mobile Home Park
N
N
CUP
CUP
N
N
N
N
Multi -Unit Dwellings
N
N
P
P
P
P
P
N
17.14
Single -Room Occupancy Units
N
N
N
1'
P
P
P
N
Single -Unit Dwellings
P
P
P
P
N
N
N
P
Supportive Housing
P
P
P
P
P
P
P
P
Gov. Code Section
65651
Transitional Housing
P
P
P
P
P
P
P
P
Gov. Code Section
65651
Retail, Service, and Office Uses
Certified Farmer's Market
N
N
N
N
DRA
DRA
DRA
N
Construction Trailer/ Temporary
Contractor's Office
DRA
DRA
DRA
DRA
DRA
DRA
DRA
DRA
Real Estate Tract Sales Office and
Model Homes
DRA
P
P
P
P
P
P
N
17.10.040
Private Nurseries and Greenhouses
P
DRA
DRA
DRA
N
N
N
P
17.10.040
Stable, Commercial
CUP
N
N
N
N
N
N
N
Utility, Transportation, and Communication Uses
Domestic Water Wells (private) P P P P P P 1, P
Public Utilities, Structures, and DRA N N N N N N N
Services
SECTION 3.
Title 17, Chapter 17.10, Section 17.10.025 of the Bakersfield Municipal Code
is hereby repealed in its entirety:
17.10.025 Reserved.
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SECTION 4.
Title 17, Chapter 17.10, Sections 17.10.030 and 17.10.040 of the Bakersfield
Municipal Code are hereby repealed and enacted to read as follows:
17.10.030 Residential Zone Development Standards.
A. Table 17.10-2 Residential Zones Development Standards. The intent of Table
17.10-2 is to clearly and precisely establish the basic site and structure regulations
that apply to all developments in each of the residential zones. The table also
indicates where additional site and structure requirements, including, but not
limited to, off-street parking, landscaping, signage, fences and obstructions, and
performance standards, apply to mixed -use zones.
B. Density. Maximum density standards shall be consistent with this Title and
the General Plan (or applicable Master Plan, Specific Plan, or Area Plan).
Table 17.10-2
Residential Zones Development Standards
Development Feature
(In ill i III Lill] un less othem ise specified
Parcel
Distance between Structures
Setbacks (min. ft.)
Zone
Parcel
Area per
(min. ft.)
(to garage/living space/porch)
Between
Between
Dwelling/Between
Side -
Area (min
square feet or
Dwelling
Height
(mom ft)
acres)
(min square
Dwelling
cessory
Accessory
Accessory
Front (ft.)
Side (ft.)
Comer
Rear (ft.)
feet)
Units
Units
Units
(ft.)
25 garage
R-S
15,000 sf
15,000 sf
35
10
3
3
20 living
5
10
25
15 porch
20 garage
R-1
4,500 sf
4,500 sf
35
8
3
3
15 living
4
10
5
12 porch
Single -Unit:
Single -Unit:
20 garage
2,000 sf
2,000 sf
8
121iving
4
10
5
R-2
35
3
3
9 porch
Multi -Unit:
Multi -Unit:
6,000 sf
2,000 sf
10
15
4/10
10
10/15
Single -Unit
Single -Unit
20 garage
2000 sf
,
2 000 sf
8
living
4
10
5
R-3
45
3
3
6 porch
6
Multi -Unit
Multi -Unit
6,000 sf
2,000 sf
10
15
4/10
10
10/15
R-4
10,000 Sf
N/A
65
8
3
3
10 living
4
10
10115
5 porch
R-5
10,000 sf
N/A
80
8
3
3
10 living
4
10
10115
5 porch
R-6
10,000 sf
N/A
120
8
3
3
5 living
0
0
0
0 Porch
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Table 17.10-2
Residential Zones Development Standards
Development
Feature
Parcel
Distance between Structures
Setbacks (min. ft.)
Zone
Parcel
Area per
(min. ft.)
(to garage/living space/porch)
Area (min
square feet or
Dwelling Height
.
(maxft.)
Between
Between Between
Dwellin S/
Side-
Side -
acres)
(min square
Dwelling
Accessory
Accessory
Front (ft.) Side (ft.) Corner Rear (ft.)
feet)
Units
Units
Units
(ft.)
R-H
20 ac
N/A 35
100
3
3
110
5
10
25
Other
Applicable
17.10.040
Regulations
Additional
Regulations
Regulation
Section or Chapter
Accessory Dwelling Units
Chapter 17.65
Accessory Structures
Section 17.08.130
Fences, Walls, and Hedges
Section 17.08.180
Height of Buildings
Section 17.08.110
Landscape Standards
Chapter 17.61
Multi -Unit Dwelling Objective Design Standards
Chapter 17.14
Off -Street Parking and Loading
Chapter 17.58
Street Setback Exceptions
Section 17.08.125
Yard Encroachments
Section 17.08.170
Signs
Chapter 17.60
17.10.040 Other Applicable Standards and Regulations.
A. General Applicable Standards for All Residential Zones.
Development Standards.
1. Non -Conforming Lots (Area and Frontage).
a. A lot with less area or frontage than what is required in this Title shall be
permitted if the lot was legally created as a separate lot and recorded as
such prior to this zoning ordinance being applicable to that lot.
2. Structure Separation.
a. The distance between a dwelling unit and accessory structure and
between accessory structures can be a less than three feet, however, the
buildings will be considered attached and subject to all regulations as they
may pertain to dwelling units and accessory structures based on this
combined area, and the regulations of the Building Code as adopted by
the City.
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B. R-S (Residential Suburban) Zone.
Additional Standards per the Allowable Uses in Table 17.10-1.
1. Animal Raising and Breeding. The following animals and numbers of animals
are permitted:
a. Breeding, hatching, raising, and keeping of poultry, fowl, rabbits,
chinchillas, Vietnamese pot-bellied pigs, fish, frogs, and bees for the
domestic use of the resident/occupant of the lot.
b. Keeping of cattle, sheep, goats, horses, mules, and burros in a ratio not
exceeding one adult animal of the foregoing for each one -quarter acre of
fenced enclosure area dedicated for the habitation of said animals.
2. No fowl or animals, nor any pen, coop, stable, corral or other structure or
enclosure housing livestock or poultry shall be kept or maintained within:
a. 50 feet of any dwelling unit or other structure used for human habitation;
b. 100 feet of the front lot line of the lot upon which such animal or structure
is located;
c. 10 feet of the street side of a corner lot; or
d. 100 feet of any public park, school, hospital, or similar institution.
e. Raising, killing, or dressing of any such animals or poultry for commercial
purposes is prohibited.
3. Temporary Animal Permits. The breeding and raising of animals in numbers
greater than those allowed by Subsection (1) above, by minors in conjunction
with a student -oriented fair project sponsored by a bona fide agricultural
organization, shall be permitted upon submission of an application for a
temporary animal permit to and approval by the planning director in
accordance with the procedures set forth in this section.
a. Application. An application for a temporary animal permit shall include
the following:
i. The name and address of the applicant;
ii. Name and age of minor raising the animal(s);
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iii. The name(s) and address(es) of the property owner(s) or legal
description of the subject property;
iv. Assessor's parcel number;
v. Name of the organization sponsoring the minor, including name,
phone number, and acknowledgement from the sponsor that the minor
is engaging in an activity under their program;
vi. A plot plan showing the location of proposed pens, coops or areas
for the breeding and raising of animals in relation to existing residences
and other buildings and structures within one hundred feet of pens,
coops, or areas housing livestock.
b. Conditions of Approval. A Temporary Animal Permit shall be issued by
the Planning Director under the following conditions:
i. The minor shall be sponsored by a bona fide organization such as,
but not limited to, Future Farmers of America and 4-H Club.
ii. The increase in animal density shall not exceed the density allowed
by more than 50 percent; provided, however, that at least two and no
more than six additional animals shall be allowed.
iii. The Planning Director may permit the raising of one swine provided
all other standards in this Chapter are satisfied.
iv. The written consent of the owners or occupants of all abutting
property shall be obtained.
v. The applicant shall allow inspection of animal maintenance facilities
by the City and any animal control agencies during the effective period
of the permit upon request.
c. Each additional animal authorized by the Temporary Animal Permit over
the allowable animal density specified in this Subsection of this Chapter
shall be removed upon expiration of the permit.
d. Any permit issued pursuant to this section may be revoked or modified
whenever the Planning Director has a reasonable suspicion that any person
to whom such permit has been issued has violated any of the provisions of
this chapter. Notification of such revocation or modification shall be served
by certified mail upon the permit -holder and shall be effective upon
mailing. Such revocation or modification may be appealed to the City
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Council within 10 days of receipt of notification of such revocation or
modification.
e. All Temporary Animal Permits shall be effective for a period not to
exceed six months from the effective date of the permit. No more than one
such permit shall be approved for any lot within a one-year period.
4. Private Nurseries and Greenhouses.
a. Salesrooms or other structures used for the sales of the products
produced are prohibited.
C. R-1 (Single -Unit Dwelling) Zone.
Additional Standards per Allowable Uses in Table 17.10-1.
1. Accessory Structures.
a. Ramps, platforms, basins, pools, or other accessory structure used for the
riding of skateboards, roller skates, rollerblades, bicycles, motorcycles, or
similar devices, provided the structure does not exceed a vertical height
(above or below grade) of four feet, or a horizontal area (one structure or
total combined area if multiple structures) of 120 square feet. Such
structures made nonconforming by this subsection shall be brought into
conformance, obtain conditional use approval, or be removed as directed
by the Code Enforcement Manager.
b. Accessory structures, including a private garage, shall not exceed 12
percent of the area of the lot.
2. Private Nurseries and Greenhouses.
a. Private greenhouses and horticultural collections, flower and vegetable
gardens and fruit trees, shall not be used for commercial purposes.
3. Public and Quasi -Public Uses.
a. Parks with passive daytime recreation shall not include lighted fields for
nighttime recreation and activities.
4. Real Estate Tract Sales Office and Model Homes.
a. Each subdivision tract is permitted a maximum of six model homes, one
of which may include a sales tract office, for each home builder in the tract.
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Additional model homes may be permitted subject to approval by the
Planning Director.
b. Model homes may be constructed prior to recordation of a final map
for the tract; however, no such home shall be offered for sale or rent, or be
sold or rented, until the final map has been recorded pursuant to Title 16 of
this code.
c. Sales offices shall only be used during the original sales of the lots and/or
homes within the subdivision tract in which they are located.
d. A sales office shall be located in a model home; however, a separate
temporary office which may include a commercial coach is permitted for
a period not to exceed ninety days pending completion of construction of
the model home.
e. Any sales office located in the garage portion of a model home shall be
removed and converted to a garage prior to the building department
releasing covenants restricting the model home's sale and issuing a
certificate of occupancy.
f. The vehicle route leading to and in front of any sales office shall be
paved from an existing improved public street prior to the public being
invited to that office regarding sales of lots and/or homes in the tract.
Additional Development Standards per those in Table 17.10-2.
5. Front Setback.
a. If a garage or carport (attached or detached) opening faces a public
street, the setback shall be a minimum of -20 feet.
b. If a garage or carport (attached or detached) opening is parallel to a
public street, the setback shall be a minimum of 15 feet.
c. If a garage or carport (attached or detached) opening faces a private
street, the setback shall be a minimum of 3 feet.
d. Front yard structural setbacks shall be a minimum of 15 feet to living
space and 12 feet to architectural extensions, such as porches.
e. Where 50 percent or more of the front lot line is along a cul-de-sac or
street knuckle curvature, the front yard setback line shall be a minimum of
15 feet in depth measured from the front lot line; and if a garage or carport
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(attached or detached from the main structure) opening faces a public or
private street, the setback shall be a minimum of 20 feet.
6. Side Setback.
a. If a garage or carport (attached or detached) opening faces a public
street, the setback shall be a minimum of 20 feet.
b. If a garage or carport (attached or detached) opening faces a private
street, the setback shall be a minimum of 3 feet.
7. Rear Setback.
a. If a garage or carport (attached or detached) opening faces a private
alley, the setback shall be a minimum of 3 feet, provided the alley is a
minimum width of 20 feet.
8. Minimum Lot Area.
a. When there is an alley at the rear of the lot, the minimum lot area may
be measured to the center of the alley.
D. R-2 (Small -Lot Single -Unit Dwelling) Zone.
Additional Standards per the Allowable Uses in Table 17.10-1.
1. Accessory Structures.
a. Accessory structures on lots developed with one single -unit dwelling shall
not exceed 12 percent of the area of the lot.
Additional Development Standards per those in Table 17.10-2.
2. Front Setback.
a. If a garage or carport (attached or detached) opening faces a public
street, the setback shall be a minimum of 20 feet.
b. If a garage or carport (attached or detached) opening is parallel to a
public or private street, the setback shall be a minimum of 15 feet.
c. If a garage or carport (attached or detached) opening faces a private
street, the setback shall be a minimum of 3 feet.
d. Front yard structural setbacks shall be a minimum of 12 feet to living
space and 9 feet to architectural extensions, such as porches.
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3. Side Setback.
a. If a garage or carport (attached or detached) opening faces a public
street, the setback shall be a minimum of 20 feet.
b. If a garage or carport (attached or detached) opening faces a private
street, the setback shall be a minimum of 3 feet.
c. For multi -unit developments where the side setback separates a lot in
an R-2 zone from an adjacent lot zoned R-1, MH, or a PUD development,
the side yard shall not be less than 10 feet. For all other adjacent lots, the
side yard shall not be less than 4 feet.
4. Rear Setback.
a. If a garage or carport (attached or detached) opening faces a public
or private alley or garage court, the setback shall be a minimum of 3 feet,
provided the alley or garage court is not less than 20 feet.
b. For multi -unit developments where the rear setback separates a lot in
an R-2 zone from an adjacent lot zoned R-1, MH, or a PUD project consisting
of single -unit dwellings, the rear yard shall not be less than 10 feet for the
first story and 15 feet for the second and additional stories.
E. R-3 (Multi -Unit Dwelling) Zone.
Additional Development Standards per those in Table 17.10-2.
1. Front Setback.
a. For both single units and multi -unit residential development in the R-3
zone, no direct access shall be allowed from a garage or carport onto a
public street. All parking shall access internal vehicular circulation and/or
alleys to provide for site ingress/egress.
b. If a garage or carport (attached or detached) opening takes access to
internal vehicular circulation and/or an alley providing site ingress/egress to
a public street, the setback shall be a minimum of 3 feet.
c. All parking shall have a minimum 5-foot setback from public streets.
2. Side Setback.
a. No direct access shall be allowed from a garage and/or carport from a
side yard onto a public street.
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b. For multi -unit developments where the side setback separates a lot in
an R-3 zone from an adjacent lot zoned R-S, R-1, MH, R-2, or a PUD project
consisting of single -unit dwellings, the side yard shall not be less than 10 feet.
For all other adjacent lots, the side yard shall not be less than 4 feet.
3. Rear Setback.
a. If a garage or carport (attached or detached) opening faces a public
or private alley or garage court, the setback shall be a minimum of 3 feet,
provided the alley or garage court is not less than 20 feet in width.
b. For multi -unit developments where the rear setback separates a lot in
an R-3 zone from an adjacent lot zoned R-S, R-1, , MH, R-2, or a PUD project
consisting of single -unit dwellings, the rear yard shall be not less than 10 feet
for the first story and 15 feet for any second and additional stories.
4. Minimum Lot Area.
a. Where there is an alley to the rear of the lot, the minimum lot area may
be measured to the center of said alley.
5. Separation of Uses.
a. Multi -unit residential developments where the rear or side property line
separates a lot zoned R-1, MH, R-2, or PUD project consisting of single -unit
dwellings shall include a solid masonry wall with a minimum height of six feet
from highest grade.
b. If the masonry wall is located within the front setback, the maximum
height of the wall shall not exceed four feet.
c. This requirement does not apply to any lot less than 10,000 square feet
and, that is not part of, or adjacent to, multi -unit subdivisions or other multi-
family projects that existed prior to the effective date of the ordinance
codified in this section.
F. R-4 (High Density), R-5 (Very High Density Multi -Unit Dwelling), and R-6 (Urban
Core) Zones.
Additional Standards per the Allowable Uses in Table 17.10-1.
1. Residential Facility for Court -Ordered Individuals.
Ordinance Repealing and Enacting Various Sections of Chapter 17.10 Relating to Zoning
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a. Housing for court -ordered individuals is limited to juveniles or adults in
custody or court -ordered living restrictions for violations of local, state, and
federal law, including, but not limited to, halfway houses and detention
centers.
Additional Development Standards per those in Table 17.10-2.
2. Front Setback.
a. No direct front yard access shall be allowed from a garage or carport
onto a public street. All parking shall access internal vehicular circulation
and/or alleys to provide for site ingress/egress.
b. All parking shall have a minimum 5-foot setback from public streets.
3. Side Setback.
a. No direct side yard access shall be allowed from a garage or carport
onto a public street. All parking shall access internal vehicular circulation
and/or alleys to provide for site ingress/egress.
4. Rear Setback.
a. For multi -unit developments where the rear setback separates a lot in
an R-4 or R-5 zone from an adjacent lot zoned R-S, R-1, MH, R-2, or a PUD
project consisting of single -unit dwellings, the rear yard shall be not less than
10 feet for the first story and 15 feet for any second and additional stories.
b. If a garage or carport (attached or detached) opening faces a public
or private alley or garage court at the rear of the parcel, the setback shall
be a minimum of 3 feet, provided the alley or garage court is not less than
20 feet in width.
5. Minimum Lot Area.
a. 10,000 square feet in the R-4, R-5, and R-6 zones. Where there is an alley
to the rear of the lot, the minimum lot area may be measured to the center
of said alley.
b. A lot may be less than the minimum provided the lot is as shown on a
recorded subdivision map approved by the City prior to adoption of this
ordinance.
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6. Sound Attenuation Wall.
a. Multi -unit residential developments where the rear or side property line
separates a lot zoned R-S, R-1, MH, R-2, or PUD project consisting of single -
unit dwellings shall include a solid masonry wall with a minimum height of
six feet from highest grade.
b. If the masonry wall is located within the front setback, the maximum
height of the wall shall not exceed four feet.
c. This requirement does not apply to any lot less than 10,000 square feet
and, that is not part of, or adjacent to, multi -unit subdivisions or other multi-
unit projects that existed prior to the effective date of the ordinance
codified in this section.
G. R-H (Residential Holding) Zone.
Additional Standards per the Allowable Uses in Table 17.10-1.
1. Accessory Agricultural Structures.
a. Accessory agricultural structures and uses, including farm buildings,
housing for agricultural workers, garages and implement shelters, provided
no livestock or any building or enclosure used in connection with livestock
shall be located within 100 feet to the front lot line, nor nearer than 50 feet
to any existing dwelling on any contiguous property, nor within than 100
feet to any public park, school, hospital, or similar institution.
2. Agricultural and Horticulture.
a. Allowable agricultural and horticulture include nurseries, greenhouses,
orchards, aviaries or the raising of field crops, tree crops, berry or bush crops
or vegetable or flower gardening on a commercial scale.
3. Animal Raising and Breeding.
a. The keeping of bovine animals, horses, mules, and sheep; provided that
the number thereof shall not exceed a number per acre equal to four adult
animals in any combination of the foregoing animals and their immature
offspring.
b. Includes the breeding, hatching, and raising of poultry and fowl and
breeding and raising of rabbits and other fur -bearing animals.
Additional Development Standards per those in Table 17.10-2.
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4. Setback from the Centerline of Roadways.
a. All structures shall be located not less than 1 10 feet from the centerline
of any existing or proposed public street or highway.
SECTION 5.
Title 17, Chapter 17.10, Sections 17.10.050, 17.10.060, 17.10.070, 17.10.072,
17.10.075 and 17.10.080 of the Bakersfield Municipal Code are hereby repealed
in their entirety:
17.10.050
Reserved.
17.10.060
Reserved.
17.10.070
Reserved.
17.10.072
Reserved.
17.10.075
Reserved.
17.10.080
Reserved.
SECTION 6.
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:
✓ ✓ ✓ ✓ ;/
AY COUNCILMEMBER: ARIAS, GONZALES-WE4, SMITH, FREEMAN, GRAY;KAk}R-
NOES: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
COUNCILMEMBER: ED Q IS-
J LIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield
APPROVED: R 2 7 2024
By:
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attor y
By: 0�
VIRIDIANA GALLARDO-KING
Deputy City Attorney
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Ordinance Repealing and Enacting Various Sections of Chapter 17.10 Relating to Zoning
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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.
5154, passed by the Bakersfield City Council at a meeting held on the 27th day
of March 2024 and entitled:
ORDINANCE REPEALING AND ENACTING VARIOUS SECTIONS OF THE TITLE 17,
CHAPTERS 17.10 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ZONING.
JULIE DRIMAKIS, MMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
arTYktit'y Clerk
S ADOCUM ENT\FORMS\FIOP.ORD.wpd
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