HomeMy WebLinkAboutORD NO 5171ORDINANCE NO.
5I f -
ORDINANCE AMENDING TITLE 17, CHAPTER 17.58 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 17.58 of the Bakersfield Municipal Code is hereby
amended to read as follows:
Title 17 - Zoning
Chapter 17.58 - Parking and Loading Standards
Sections:
17.58.050 General standards as to location and arrangement of parking.
17.58.055 Transit credit.
17.58.070 Required parking on the same lot as the structure or use served —
Exceptions.
17.58.110 Parking space requirements by land use.
Prior legislation: Ords. 4236, 4104, 3964, 3839, 3835, 3458, 3285, 2891, 2851, 2819, 2722; prior code § § 17.56.010
through 17.56.030, 17.56.090, 17.56.100 and 17.58.010 through 17.58.080.
17.58.050 General standards as to location and arrangement of parking.
A. Every new off-street parking or loading space shall have adequate means of
ingress from and egress to a street or alley that is designed and paved in
accordance to adopted city standards. Every required off-street parking or
loading space shall be independently accessible, except where tandem parking
spaces are allowed. Access to off-street loading spaces shall be provided on
private property.
B. The internal layout of off-street parking and loading spaces, driveways, aisles
and maneuvering areas shall be clearly marked according to city standards.
C. Parking spaces for people with disabilities shall be provided and designed in
accordance with Title 24 of the California Administrative Code and Americans
with Disabilities Act (ADA) requirements. These parking stalls shall be allowed to
be counted as part of the total number of parking spaces required for the use or
building.
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D. Off-street parking and loading facilities shall be arranged so as to prevent
encroachments upon street rights -of -way, adjacent properties, and landscaping
areas required pursuant to Chapter 17.61 of this code. In approving the design of
said parking and loading facilities the approving authority shall consider the
maneuvering, standing and storage of vehicles, and layout of the facilities, and
may require the use of curbing, bumper or wheel guards, or other such devices
as necessary to ensure compliance with this section.
E. Freight and merchandise loading docks or loading areas shall not be visible
from any public street. Landscaped buffers and/or walls shall be used to screen
these areas from public view.
F. For all multiple -unit projects, driveways shall not exceed a width of thirty feet
(top -to -top) or the minimum width necessary for two-way travel as determined by
the traffic engineer.
G. Driveways crossing sidewalks shall be arranged, to the extent practical, to
minimize the width and frequency of curb cuts, and conflicts with pedestrian and
transit movements as determined by the traffic engineer.
H. Every off-street parking or loading facility and access thereto shall be suitably
graded, paved, drained, and maintained according to standards adopted by
the city engineer. Whenever corrosive materials are loaded or unloaded, docks,
driveways, off-street loading and parking areas shall be concrete or equivalent
as required by the city engineer.
I. New off-street parking facilities, or additions or alterations to existing off-street
parking facilities shall be subject to approval pursuant to Chapter 17.08 of this
code.
J. No area credited as all or part of a required off-street parking space shall also
be credited as all or part of a required off-street loading space, or used for off-
street loading. No area credited as all or part of a required loading space shall
also be credited as all or part of a required off-street parking space, or used for
off-street parking.
K. In no event shall any parking required and provided pursuant to Section
17.58.010 through 17.58.110 be situated in such way that vehicles entering the
parking area be allowed to back onto any street or thoroughfare in order to leave
said property, except as follows.
1. This provision shall not apply to any single -unit residence in an area zoned
residential.
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2. On streets which have not been designated by the traffic authority as
arterial or collector streets, the traffic authority is granted the power to permit
backing onto such streets for multiple -unit projects containing four units or less
on a site that is not part of a multiple -unit subdivision project where such
backing will not adversely affect traffic, and the design, width and function of
the driveway is similar to a single -unit residential driveway use.
L. Neither the area of a required side yard abutting a street nor the required front
yard shall be used for off-street parking or drive aisles required by this code except
as allowed in Section 17.58.050(M).
M. Notwithstanding the provisions of Section 17.58.110, the area of a required
front yard or street side yard in an R-2, R-3, R-4, R-5, or R-6 zone may be
encroached to the extent of four feet for off-street parking required by this
chapter, subject to the following limitations and conditions:
1. The encroaching parking space must be an extension of and parallel to a
row of parking containing two or more spaces;
2. The prohibition against backing onto streets contained in Section
17.58.050(K) shall apply;
3. On corner lots or lots at intersecting streets, no such encroachment is
permitted in a sixty -foot corner cutoff area as measured along the intersecting
street curb -lines as extended;
4. Any landscaping or walls required by subsection N of this section in the
encroached area or the sixty -foot corner cutoff area must be approved by
the city traffic engineer.
N. Where the parking area or lot, including driveways, drive aisles, delivery areas,
and loading and unloading areas, is adjacent to property zoned residential, it
shall be separated by a continuous solid wall of masonry construction a minimum
height of six feet as measured from highest adjacent grade and by a continuous
landscaped strip at least seven feet in width; however, this landscape strip shall
not be required for projects containing four units or less in any R-2, R-3, or R-4 zone
and not adjacent to any single -unit residential zone except to satisfy minimum
shading requirements in Section 17.61.030(H). Additionally, where common,
shared, or joint use of parking or drive aisles exist or will occur between residentially
and/or commercially zoned properties and such is recorded according to Section
17.58.080, the wall and landscape separation shall not be required. Any wall
located within or along the front yard setback shall not exceed a height of four
feet.
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O. All delivery, loading and solid waste operations shall be subject to the
provisions of Section 17.08.140(G).
P. Within the "central district" and properties zoned C-B and C-C, any off-street
freight loading area located within fifty feet of any residential zoned or
developed property shall be completely enclosed within a building if such freight
loading is used between the hours of 10:00 pm and 7:00 am.
17.58.055 Transit credit.
Except for the "central district," required parking may be reduced by ten percent
if there exists a transit facility as defined in Section 17.04.624 within one thousand
feet of the front or main customer door of the building that is linked with an
improved and paved pedestrian way.
17.58.070 Required parking on the same lot as the structure or use served —
Exceptions.
A. The nonresidential parking requirements of this Section may be satisfied by
owning adjacent parking facilities or leasing the required parking spaces from
properties adjacent to the subject property. If parking is proposed on an adjacent
parcel, said parking must be considered readily accessible to the subject
property as determined by the planning director. If off-street parking is proposed
on an adjacent parcel, said parking shall conform to the requirements in Section
17.58.070(C). of this code.
B. Off -site parking for uses within the "central district" and properties zoned C-B
and C-C shall be subject to the following exceptions and requirements:
1. Required off-street parking spaces for one -family or two-family dwellings in
residential zones shall be located on the same lot as the dwellings served.
2. Required off-street parking spaces for all other dwellings shall be located
on the same lot as the dwelling served, as an accessory use, or within a
walking distance of five hundred feet, as either a permitted or a conditional
use, depending upon the use provisions applicable to the zone in which such
parking is located, and such parking shall be easily recognized for that
project, such as but not limited to, signs, dedicated and improved pedestrian
ways, and other identification as approved by the planning director. Required
off-street parking spaces for projects designed for senior citizens or the
handicapped shall be on site.
3. Required off-street parking spaces for all uses other than dwellings shall be
located on the same lot as the use served, as an accessory use, or within a
walking distance of one thousand feet, as either a permitted or a conditional
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use, depending upon the use provisions applicable to the zone in which such
parking is located, and such parking shall be easily recognized for that
project, such as but not limited to, signs, dedicated and improved pedestrian
ways, and other identification as approved by the planning director.
4. Walking distance for purposes of subsections (B) (2) and (B) (3) above shall
mean the distance from the front or main customer door of the building to the
nearest point of the off-street parking facility assigned to such structure or use
or part thereof, along the shortest and most convenient improved pedestrian
walkway open to the user or users of such off-street parking space.
5. Whenever the planning director determines that sufficient spaces are
available in a public parking facility within one thousand feet of a new
business, he or she may accept a contract pursuant to Section 17.58.070(C)
for such spaces in satisfaction of the off-street parking requirements of this
chapter.
C. In order to be credited toward the parking requirements of any development,
use, or structure, any off-street parking space located on a lot other than the lot
on which the structure or use to be served is located must meet the following
criterion:
1. Assurances as to the availability of remote parking spaces must be
provided. Such availability shall be assured either by ownership of both the lot
containing the structure or use to be served and the lot containing the off-
street parking space by at least one common owner, or by a lease or other
instrument providing for the availability of the parking space for not less than
the actual lifetime of the structure or until a change of use or modification to
an existing use occurs. An attested copy of any such instrument shall be filed
with the planning department prior to approval of any building permit
application affected by this arrangement for provision of required off-street
parking. In addition, in either case, a document in a form approved by the
city attorney shall be executed by the parties concerned, and recorded in
the office of the Kern county recorder, serving as a notice of the restrictions
under this code applying both to the lot requiring and the lot containing the
off-street parking space, by virtue of this arrangement for provision of required
off-street parking. (Ord. 4521 § 10, 2008)
17.58.110 Parking space requirements by land use.
A. The minimum number of off-street parking spaces shall be provided and
maintained for the following specified uses or facilities identified in the table in
subsection E of this section. The number of off-street parking spaces shall not
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exceed one hundred fifty percent of the minimum requirement (limit does not
apply to residential uses).
B. Tandem parking will not be counted toward the requirement for legal off-
street parking, except one tandem parking space will be permitted for a single-
family dwelling, and for each unit of a multiple -family dwelling that contains four
units or less on a site that is not part of a multiple -family subdivision project.
C. Motorcycle parking that is provided and clearly identified for such use may
be counted as part of the total number of parking spaces required for a
nonresidential use or building. However, this credit shall not exceed twenty-five
spaces or five percent of the total parking required, whichever is less.
D. For uses not listed in the parking space requirements table, parking will be
determined by the planning director based on the listed use(s) that most closely
resembles the proposed use.
E. Parking space requirements by land use table:
PARKING SPACE REQUIREMENTS BY LAND USE
One -family dwellings
2. Accessory dwelling unit (per Chapter 17.65)
3. Multiple -family dwelling and condominium
(efficiency, studio and 1-bedroom units)
4. Multiple -family dwelling and condominium (2 or
more bedrooms)
Ordinance Amending Chapter 17.58
2 spaces per dwelling unit
Consistent with the provisions of Section 65852.2
and relevant sections of the California
Government Code as amended from time to
time.
1 space per unit, plus an additional 10% for
guest parking on parcels containing 5 or more
units.
Moderate, low, and very low income projects
with 5 or more units and being recorded as such
by declaration or covenant that runs with the
land, may reduce required parking by 25%
(moderate, low and very low income is defined
as being at or below 120% of the median
income of Kern County as established by the
state of California).
2 spaces per unit, plus an additional 10% for
guest parking on parcels containing 5 or more
units.
Moderate, low, and very low income projects
with 5 or more units and being recorded as such
by declaration or covenant that runs with the
land, may reduce required parking by 25%
(moderate, low and very low income is defined
as being at or below 120% of the median
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income of Kern County as established by the
state of California).
5. Dwelling designed for senior citizens 62 years and over: 1 space per 2 units
55 years and over: 1 space per unit
(a recorded covenant is required limiting Plus an additional 10% for guest parking on
occupancy of at least 1 resident per unit by age parcels containing 5 or more units
as noted or is physically handicapped)
6. General office 1 space per 250 square feet of gross floor area
(i.e., real estate, finance companies, architects,
engineers, attorneys, C.P.A. and other similar
uses)
7. Medical and dental office, including 1 space per 200 square feet of gross floor area
chiropractic office, specialized medical offices
and other similar uses
8. Physical and occupational therapy 1 space per 300 square feet of gross floor area
9. Medical laboratory such as diagnostic dental 1 space per 250 square feet of gross floor area
and x-ray laboratories and other similar uses
Surgery center and other out -patient facilities
10. Office park or complex 1 space per 200 square feet of gross floor area
up to and including 15,000 square feet, plus an
(single and multiple tenant buildings with both additional 1 space per 250 square feet of gross
general and medical office uses) floor area in excess of 15,000 square feet
11. Neighborhood and regional shopping center 1 space per 200 square feet of gross floor area
up to and including 35,000 square feet, plus an
(freestanding satellite pads such as fast food additional 1 space per 250 square feet of gross
restaurants or banks shall be computed floor area in excess of 35,000 square feet
separately unless satellite buildings contain 2 or
more tenants)
12. General retail
(single tenant only; for multiple tenant buildings,
refer to No. 11 above)
13. Restaurant, including fast food restaurant
1 space per 300 square feet of gross floor area
1 parking space per 75 square feet of gross floor
area (no additional parking is required for
outdoor seating)
(Note: take-out restaurants where food is If use has 1 or more drive -up windows with drive -
consumed off premises shall be parked in in lanes 24 feet in length, credit for 1 parking
accordance with general retail in No. 12 above) space per window shall be given
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14.
15.
In
Night club, including live entertainment
(Note: For breweries and wineries, including
boutique wineries, parking for food service, retail
sales, office, and warehousing/storage shall be
computed separately by use)
If such lane exceeds 44 feet, 2 spaces per
window shall be credited in computing parking
requirements
Whenever the planning director determines
that any restaurant with less than 3,000 square
feet of gross floor area serves primarily those
that may be conducting other business within
the central district or properties zoned C-B or C-
C, he/she may waive all or any portion of the
parking requirements.
1 parking space per 50 square feet of gross floor
area (no additional parking is required for
outdoor seating)
Whenever the planning director determines
that any night club with less than 3,000 square
feet of gross floor area is open after 3:00 p.m.
within the central district or properties zoned C-
B or C-C, he/she may waive all or any portion of
the parking requirements.
Convenience market with or without fueling 1 space per 200 square feet of gross floor area,
services minimum of 10 spaces required;
Bank, savings and loan, credit union
17. Hotel, motel
(additional parking required for meeting rooms,
restaurants, bars, and office space)
18. Furniture store
Plus office space for above
19. Beauty salon and barbershop
20. Veterinary hospital and clinic
21. Museum
Ordinance Amending Chapter 17.58
If use has 1 or more fuel pump islands, credit for
2 parking spaces per pump shall be given
1 space per 300 square feet of gross floor area;
If use has 1 or more drive -up windows with drive-
in lanes 24 feet in length, credit for 1 parking
space per window shall be given;
If such lane exceeds 44 feet, 2 spaces per
window shall be credited in computing parking
requirements
1 space per sleeping unit
1 space per 1,000 square feet of gross floor area
1 space per 300 square feet of gross floor area
1 space per 150 square feet of gross floor area
or 2 spaces per barber or styling chair,
whichever is less
1 space per 500 square feet of gross floor area
1 space per 500 square feet of gross floor area
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22
23
24
25
26.
27
28.
Library
Cultural center
Nursery sales
1 space per 4,000 square feet of inside or
outside sales area
Vehicle sales area
Trailer and camper sales area
Boat and farm machinery sales area
(office, retail sales, service department, and
repair area shall be computed separately by
use)
Health club, such as aerobics and gymnastics
1 space per 300 square feet of gross floor area
studio, private gym, karate and judo club, and
similar uses
Bowling alley
4 spaces per alley
(restaurants, video arcades, pro shops and other
related uses shall be computed separately by
use)
Billiards
2 spaces per table
(restaurants, video arcades, pro shops and other
related uses shall be computed separately by
use)
Golf course
6 spaces per tee
(restaurants, video arcades, pro shops and other
related uses shall be computed separately by
use)
Tennis, racquetball, and handball court
3 spaces per court
(restaurants, video arcades, pro shops and other
related uses shall be computed separately by
use)
Stadium, sports arena, exhibition hall
1 space per 6 seats
Where benches are provided, 18 inches of
bench space shall be the equivalent of 1 seat;
where no fixed seating is provided, 7 square feet
of public assembly floor space shall be the
equivalent of 1 seat
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29. Park, outdoor recreational facility
30. Lodges, halls
Banquet rooms, including those associated with
a restaurant
Religious institution
Funeral home
Mortuary
Theater
Auditorium, including school multi -purpose
buildings and similar places of assembly
(figure main public meeting areas only)
1 space per 6 people that the facility is
designed to accommodate
or
If seating is provided, 1 space per 4 seats,
whichever is greater
1 space per 4 seats provided in accordance
with applicable fire code occupancy standards
Where benches are provided, 18 inches of
bench space shall be the equivalent of 1 seat;
where no fixed seating is provided, 7 square feet
of public assembly floor space shall be the
equivalent of 1 seat
31. Hospital 3/4 space per bed
Medical in -patient clinic and other overnight
treatment facilities
(additional parking required for administrative
offices, out -patient clinic, testing, teaching,
research and other similar activities)
32. Convalescent hospital and extended medical 1 /2 space per bed
care facility
Nursing and convalescent home
Homes for the aged
Conjugate care and extended care facility
Residential care or group home
(additional parking required for administrative
offices, testing, teaching, research and other
similar activities)
33. Child or adult day care center
Ordinance Amending Chapter 17.58
1 space per 6 clients plus 1 space per staff
member of the largest shift, with drop-off and
pick-up area approved by the traffic engineer
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34. Family day care home
(The residential driveway is acceptable if the
parking space does not conflict with any child
drop-off/pick-up area)
35. Elementary or middle school
1 space per employee of the largest shift
1 space for each faculty member and
employee (based on the maximum number of
faculty and employees on site at any given
time)
or
1 space per 4 seats in the primary public
assembly area, whichever is greater
36. High school, trade, secondary and post 1 space for each faculty member and
secondary school employee, and 1 space for every 4 students
(based on the maximum number of faculty,
employees and students on site at any given
time)
or
1 space per 4 seats in the primary public
assembly area, whichever is greater
37. Manufacturing, wholesale, service and 1 space per 500 square feet of gross floor area
automotive repair
Plus office space for above
38. Warehouse
Plus office space for above
39. Self-service storage facility
40. Industrial office/warehouse complex
(multi -tenant shell buildings in either an M-1 or M-
2 zone containing a mix of office, commercial,
industrial and storage uses)
1 space per 300 square feet of gross floor area
1 space per 1,000 square feet of gross floor area
up to and including 10,000 square feet, plus an
additional 1 space per 3,000 square feet in
excess of 10,000 square feet
1 space per 300 square feet of gross floor area
2 spaces for the manager's living unit and 3
spaces with public access for the office (note:
rows between storage buildings shall be at least
20 feet wide to allow for simultaneous vehicle
parking and passage, and fire access)
1 space per 400 square feet of gross floor area
41. Contractor's storage yard 1 space per company vehicle plus 1 space per
2 employees on the maximum working shift (a
Public buildings and grounds other than person stationed or working out of the storage
administrative offices or service yard)
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42. Electric distribution substation
Electric transmission substation
Gas regulator station
Public utility/water well station
Automated/computerized
equipment buildings (where
employees assigned)
No parking required
communications
no permanent
SECTION 2.
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.
--------- 000--------
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:
v v
A�Z COUNCILMEMBER: ARIAS, GONZALES,4V&R-,SMITH, FREEMAN, GRAY, KAIJR
NOES:
ABSTAIN:
ABSEN
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER D 1 _'� ��'i a 1-�-\
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
KAR N GOH
Mayor
APPROVED AS TO FORM:
VIRGINI GENNARO, CITY TTORNEY
By
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 15ih day of April 2024 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Ordinance No.
5171, passed by the Bakersfield City Council at a meeting held on the 27'h day
of March 2024 and entitled:
ORDINANCE AMENDING TITLE 17, CHAPTER 17.58 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 P TY City Clerk
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