HomeMy WebLinkAboutORD NO 5175ORDINANCE NO. 51 7 5
AN ORDINANCE AMENDING AND ENACTING VARIOUS
SECTIONS OF TITLE 17, CHAPTERS 17.10, 17.58 AND 17.64 OF THE
BAKERSFIELD MUNICIPAL CODE BY RELATING TO ZONING.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 17.10, Section 17.10.030 of the Bakersfield Municipal Code is
hereby enacted to read as follows:
17.10.030 Residential Zone Development Standards.
A. Residential Zone 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).
C. Parking. Minimum parking standards are not required for:
(1) Single-family residential development;
(2) Deed -restricted affordable housing projects:
(3) All residential development in the Central District and Old Town Kern;
(4) Multi -family residential development with 19 or less dwelling units.
Setbacks to garages, carports and/or parking lots as a potential feature of
development are addressed herein.
Pursuant to Government Code Section 65863.2(f) and relevant sections of
the California Government Code as amended from time to time, this section shall
not reduce, eliminate, or preclude the enforcement of any requirement imposed
on a new multifamily residential to provide electric vehicle supply equipment
installed parking spaces or parking spaces that are accessible to persons with
Ordinance Amending and Enacting Various Sections of Chapters 17.10, 17.58 and 17.64 of the Bakersfield
Municipal Code Relating to Zoning
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disabilities that would have otherwise applied to the development if this section
did not apply.
Table 17.10-2
Residential Zones Development Standards
Parcel Area
Development Feature
Distance between Structures
Setbacks (min. ft.)
Zone
(min. ft.)
(to garage/living space/porch)
Parcel Area
per
Height
Between
square
Dwelling
(ma.. ft.)
Between
wImg(min
el/
Between
Side -
feet or acres)
(min square
Dwelling
Accessory
Front (ft.)
Side (ft.)
Corner
Rear (ft.)
feet)
Units
Accessory
Units
Units
25 garage
R-S
15,000 sf
15,000
35
10
3
3
20 living
5
10
25
15 porch
20 garage
R-1
4,500
4,500 sf
35
8
3
3
15 living
4
10
5
12 porch
20 garage
Single -Unit:
Single -Unit:
8
12 living
4
10
5
R-2
2,000 sf
2,000
35
3
3
9 porch
Multi -Unit:
Multi -Unit:
10
15
4/10
10
10/15
6,000 sf
2,000 sf
20 garage
Single -Unit
Single -Unit
8
9 living
4
10
5
R-3
2,000 sf
2,000
45
3
3
6 porch
Multi -Unit
Multi -Unit
10
15
4/10
10
10115
6,000 sf
2,000 sf
R-4
10,000 sf
N/A
65
8
3
3
10 living
4
10
10/15
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 Porch
0
0
0
R-H
20 ac
N/A
35
100
3
3
110
5
10
25
Other
Applicable 17,10.040
Repulations
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
Ordinance Amending and Enacting Various Sections of Chapters 17.10, 17.58 and 17.64 of the Bakersfield
Municipal Code Relating to Zoning
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SECTION 2.
Chapter 17.58 of the Bakersfield Municipal Code is hereby enacted to read
as follows:
Chapter 17.58 - Parking And Loading Standards
Sections:
17.58.010 Purpose.
17.58.015 Residential parking requirements
17.58.020 Facilities required.
17.58.030 Minimum dimensions for required parking and freight loading spaces.
17.58.040 Rules for calculating required parking and freight loading areas.
17.58.050 General standards as to location and arrangement of parking.
17.58.055 Transit credit.
17.58.060 Parking lots.
17.58.070 Required parking on the same lot as the structure or use served —
Exceptions.
17.58.080 Shared use of required parking.
17.58.090 Reduction of parking where area requirements are satisfied.
17.58.100 On -street parking credit.
17.58.1 10 Parking space requirements by land use.
17.58.120 Parking space requirements within the "central district;" and "Old
Town Kern".
17.58.130 Freight loading space requirements.
SECTION 3.
Chapter 17.58, Section 17.58.015 of the Bakersfield Municipal Code is
hereby enacted to read as follows:
17.58.015 Residential parking requirements.
A. Minimum parking standards are not required for:
(1) Single-family residential development;
(2) Deed -restricted affordable housing projects:
(3) All residential development in the Central District and Old Town Kern;
Ordinance Amending and Enacting Various Sections of Chapters 17.10, 17.58 and 17.64 of the Bakersfield
Municipal Code Relating to Zoning OAK�c
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(4) Multi -family residential development with 19 or less dwelling units. Setbacks
to garages, carports and/or parking lots as a potential feature of
development are addressed herein.
Pursuant to Government Code Section 65863.2(f) and relevant sections of
the California Government Code as amended from time to time, this section shall
not reduce, eliminate, or preclude the enforcement of any requirement imposed
on a new multifamily residential to provide electric vehicle supply equipment
installed parking spaces or parking spaces that are accessible to persons with
disabilities that would have otherwise applied to the development if this section
did not apply.
SECTION 4.
Chapter 17.58, Sections 17.58,1 10 and 17.58.120 of the Bakersfield
Municipal Code are hereby amended to read as follows:
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
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:
Ordinance Amending and Enacting Various Sections of Chapters 17.10, 17.58 and 17.64 of the Bakersfield
Municipal Code Relating to Zoning
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PARKING SPACE REQUIREMENTS BY LAND USE
1. One -family dwellings
2. Accessory dwelling unit (per Chapter 17.65)
3. Multiple -family dwelling and condominium (19 units or
less)
4. Multiple -family dwelling and condominium (20 units or
more)
5. General office
(i.e., real estate, finance companies, architects, engineers,
attorneys, C.P.A. and other similar uses)
6. Medical and dental office, including chiropractic office,
specialized medical offices and other similar uses
7. Physical and occupational therapy
8. Medical laboratory such as diagnostic dental and x-ray
laboratories and other similar uses
Surgery center and other out -patient facilities
9. Office park or complex
(single and multiple tenant buildings with both general
and medical office uses)
No minimum required.
No minimum required.
No minimum required.
0.25 spaces per unit.
Moderate, low, and very low income projects and being
recorded as such by declaration or covenant that runs
with the land, have no minimum requirement.
Exception: Based on the facts and circumstances, a
developer of multiple -family dwelling of 20 units or
more can request a zoning modification to waive or
reduce parking requirements from the advisory board and
ultimately to the City Council, subject to an appeal.
Zoning modification requests are reviewed on a case -by -
case basis.
1 space per 250 square feet of gross floor area
1 space per 200 square feet of gross floor area
I space per 300 square feet of gross floor area
I space per 250 square feet of gross floor area
1 space per 200 square feet of gross floor area up to and
including 15,000 square feet, plus an additional 1 space
per 250 square feet of gross floor area in excess of
15,000 square feet
Ordinance Amending and Enacting Various Sections of Chapters 17.10, 17.58 and 17.64 of the Bakersfield
Municipal Code Relating to Zoning
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10. Neighborhood and regional shopping center
(freestanding satellite pads such as fast food restaurants
or banks shall be computed separately unless satellite
buildings contain 2 or more tenants)
11. General retail
(single tenant only; for multiple tenant buildings, refer to
No. 11 above)
12. Restaurant, including fast food restaurant
1 space per 200 square feet of gross floor area up to and
including 35,000 square feet, plus an additional 1 space
per 250 square feet of gross floor area in excess of
35,000 square feet
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 consumed off If use has 1 or more drive -up windows with drive-in
premises shall be parked in accordance with general retail lanes 24 feet in length, credit for 1 parking space per
in No. 12 above) window shall be given
13. 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)
14. Convenience market with or without fueling services
15. Bank, savings and loan, credit union
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.
1 space per 200 square feet of gross floor area, minimum
of 10 spaces required;
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 I parking space per
window shall be given;
Ordinance Amending and Enacting Various Sections of Chapters 17.10, 17.58 and 17.64 of the Bakersfield
Municipal Code Relating to Zoning
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16. Hotel, motel
(additional parking required for meeting rooms,
restaurants, bars, and office space)
17. Furniture store
Plus office space for above
18. Beauty salon and barbershop
19.
20.
21
22.
23.
24.
25.
Veterinary hospital and clinic
Museum
Library
Cultural center
Nursery sales
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 studio,
private gym, karate and judo club, and similar uses
Bowling alley
(restaurants, video arcades, pro shops and other related
uses shall be computed separately by use)
Billiards
(restaurants, video arcades, pro shops and other related
uses shall be computed separately by use)
Golf course
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
1 space per 4,000 square feet of inside or outside sales
area
1 space per 300 square feet of gross floor area
4 spaces per alley
2 spaces per table
6 spaces per tee
Ordinance Amending and Enacting Various Sections of Chapters 17.10, 17.58 and 17.64 of the Bakersfield
Municipal Code Relating to Zoning
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26.
27
(restaurants, video arcades, pro shops and other related
uses shall be computed separately by use)
Tennis, racquetball, and handball court
(restaurants, video arcades, pro shops and other related
uses shall be computed separately by use)
Stadium, sports arena, exhibition hall
28. Park, outdoor recreational facility
29.
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)
Hospital
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)
3 spaces per court
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
1 space per 6 people that the facility is designed to
accommodate
or
If seating is provided, I 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 l seat
3/4 space per bed
Ordinance Amending and Enacting Various Sections of Chapters 17.10, 17.58 and 17.64 of the Bakersfield
Municipal Code Relating to Zoning
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ill
32.
Convalescent hospital and extended medical care facility 1 /2 space per bed
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)
Child or adult day care center
1 space per 6 clients plus I space per staff member of the
largest shift, with drop-off and pick-up area approved by
the traffic engineer
33. Family day care home 1 space per employee of the largest shift
(The residential driveway is acceptable if the parking
space does not conflict with any child drop-off/pick-up
area)
34. Elementary or middle school 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
35. High school, trade, secondary and post secondary school 1 space for each faculty member and 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
36. Manufacturing, wholesale, service and automotive repair 1 space per 500 square feet of gross floor area
Plus office space for above 1 space per 300 square feet of gross floor area
37. Warehouse 1 space per 1,000 square feet of gross floor area up to
and including 10,000 square feet, plus an additional I
Ordinance Amending and Enacting Various Sections of Chapters 17.10, 17.58 and 17.64 of the Bakersfield
Municipal Code Relating to Zoning
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space per 3,000 square feet in excess of 10,000 square
feet
Plus office space for above 1 space per 300 square feet of gross floor area
Self-service storage facility 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)
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)
40. Contractor's storage yard
Public buildings and grounds other than administrative
offices
41. Electric distribution substation
Electric transmission substation
Gas regulator station
Public utility/water well station
Automated/computerized communications equipment
buildings (where no permanent employees assigned)
1 space per 400 square feet of gross floor area
I space per company vehicle plus 1 space per 2
employees on the maximum working shift (a person
stationed or working out of the storage or service yard)
No parking required
17.58.120 Parking space requirements within the "central district" and "Old
Town Kern".
The following supplemental off-street parking standards shall be applicable
within the "central district" as defined in Chapter 17.04 of this code; and "Old
Town Kern" as defined in Chapter 10.08 of this code:
A. Minimum parking standards are not required for all residential development
in the Central District and Old Town Kern.
B. Pursuant to Government Code Section 65863.2(f) and relevant sections of the
California Government Code as amended from time to time, this section shall not
reduce, eliminate, or preclude the enforcement of any requirement imposed on
a new multifamily residential to provide electric vehicle supply equipment
Ordinance Amending and Enacting Various Sections of Chapters 17.10, 17.58 and 17.64 of the Bakersfield
Municipal Code Relating to Zoning
--Page 10 of 13 --
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installed parking spaces or parking spaces that are accessible to persons with
disabilities that would have otherwise applied to the development if this section
did not apply.
C. Any change of use of an existing building in the "central district" shall not be
subject to additional off-street parking requirements set forth in this chapter,
provided there is no expansion of the square footage of the building.
D. If not specifically addressed within these supplemental standards, the parking
and loading standards of this chapter shall apply.
SECTION 5.
Chapter 17.64, Sections 17.64.020 and 17.64.030 of the Bakersfield
Municipal Code are hereby amended to read as follows:
17.64.020 Authority of planning director.
The planning director shall have authority to grant director review and
approval permits, subject to appeal to the planning commission under the
provisions of this title, subject to the following:
A. Modification or waiver of:
1. Automobile parking space or loading requirements on private property
for office, commercial, and industrial uses, and
2. The height, yard and lot area regulations on a lot or lots, including, but
not limited to, modification of such regulations for some or all lots within a
subdivision to facilitate zero -lot -line or other typical subdivision development, and
3. Fence, wall and hedge regulations as may be necessary to secure an
appropriate improvement on a lot.
4. Multi -unit residential objective site design standards as identified in
Chapter 17.14 of this Title.
B. Land use approvals as provided for within the various zone districts of
this title.
C. Wireless facilities right-of-way permits for wireless telecommunication
facilities proposed to be located within the public right-of-way pursuant to
Chapter 12.30 of this code.
17.64.030 Authority of planning commission.
Ordinance Amending and Enacting various Sections of Chapters 17.10, 17.58 and 17.64 of the Bakersfield
Municipal Code Relating to Zoning
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The planning commission, as the advisory agency, shall have the sole
authority to grant modifications of automobile parking space requirements on
private property for multi -family development, and of minimum lot size standards
on a lot or lots within a subdivision in the course of approval or conditional
approval of any tentative map. The hearing on any such modification shall be
consolidated with the hearing on the tentative map, shall be noticed with the
notice of hearing on such map, and the commission shall not approve such
modification unless it makes the findings specified in Section 16.28.170(0). Appeal
of the commission decision on such modification shall be governed by the
provisions of Chapter 16.52 of this code.
SECTION 6.
This Ordinance shall be posted in accordance with the Bakersfield
Municipal Code and shall become effective thirty (30) days from and after the
date of its passage.
M
Ordinance Amending and Enacting Various Sections of Chapters 17.10, 17.58 and 17.64 of the Bakersfield
Municipal Code Relating to Zoning
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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
APR 1 112024 by the following vote:
v
COUNCILMEMBER: ARIAS, GONtALES, WEIR , SMITH, f*EEI► AN,�ftY, KAUR
AY0 COUNCILMEMBER 1�12�.J1_► F 22p.�rY1n►�Co��t
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
J LIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: APR 10 2024
•
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
By
VIRIDIANA ALLARDO-KING
Deputy City Attorney
Ordinance Amending and Enacting Various Sections of Chapters 17.10, 17.58 and 17.64 of the Bakersfield
Municipal Code 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.
5175, passed by the Bakersfield City Council at a meeting held on the 27th day
of March 2024 and entitled:
ORDINANCE AMENDING, AND ENACTING VARIOUS SECTIONS OF TITLE 17,
CHAPTERS 17.10, 17.58 AND 17.64 OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO ZONING.
JULIE DRIMAKIS, MMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By.
DE UT City Clerk
SADOCUM ENT\FORMSWOP.ORD.wpd
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