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Ordinance Amending Title 17, Chapters 17.04, 17.10, etc., of the Bakersfield Municipal Code Relating to Zoning.
ORDINANCE NO. _______________
ORDINANCE AMENDING TITLE 17, CHAPTERS 17.04.200,
17.04.235, 17.04.356, 17.10.020, 17.10.040 17.24.020,
17.25.020, 17.26.020, 17.58.015, 17.64.060 AND 17.73.040 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ZONING.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 17.04, Sections 17.04.200 and 17.04.235 of the Bakersfield Municipal Code are hereby amended to read as follows:
17.04.200 Dwelling, single-unit.
“Dwelling, single -unit” means a detached building containing only one kitchen, which building is designed and used exclusively for occupancy by one family.
Mobile homes and manufactured homes are also considered single -unit dwellings if they were installed on a permanent foundation and have a pitched roof, per the California Health and Safety Code.
17.04.235 Emergency shelter.
“Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to an occupancy of six months or less as defined in California Government Code Section 65582(d) and Health and Safety Code Section 50801(e).
Emergency shelter also includes other interim interventions, including, but not limited to, a low barrier navigation center, bridge housing, and respite or recuperative care.
Section 17.04.356 is hereby enacted to the Bakersfield Municipal Code as follows:
17.04.356 Housing, Site Inventory.
“Site inventory” means a list of suitable land identified for residential development during the planning period as part of the 6th Housing Element update process, which includes a list of parcels with their size, general plan and zoning designations, existing uses, the development capacity of the parcel, and the determination of how the parcel may meet the housing unit need by income-level.
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Ordinance Amending Title 17, Chapters 17.04, 17.10, etc., of the Bakersfield Municipal Code Relating to Zoning.
SECTION 2.
Chapter 17.10, Section 17.10.020 and 17.10.040 of the Bakersfield Municipal Code is hereby amended to read as follows:
17.10.020 Residential land use regulations and allowable uses.
A. Residential Zones Allowed Uses and Permit Requirements. Table 17.10-1 states the uses allowed within each residential zone and any permits required to establish the use, in compliance with Chapter 17.08 of this code (General Regulations Including Site Plan Review).
B. Housing, Sites Inventory. Residential developments on sites identified in the Housing Element that contain existing lower-income units shall provide replacement units consistent with Government Code Section 65583.2(g)(3), as it may be amended from time to time.
BC. 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.
CD. Definitions. See Chapter 17.04 of this code (Definitions) for land use definitions and explanations.
DE. 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 Key: P = Allowed by Right; DRA = Director Review and Approval; (N) = Not Allowed; CUP = Conditional Use Permit
Land Use Permit Requirement by Zone Additional
Regulations R-S R-1 R-2 R-3 R-4 R-5 R-6 RH
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 Assembly Uses
Educational Institutions
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Ordinance Amending Title 17, Chapters 17.04, 17.10, etc., of the Bakersfield Municipal Code Relating to Zoning.
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 P P P P P P P P 17.04.165
Government Code
Sections 1597.30—
1597.622
Community Care Facility, Large
(seven or more residents)
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
17.04.154.50
Health and Safety
Code Section 1502
Residents per unit will
be analyzed based on
residential uses similar
to other residential
uses of the same type
in the same zone,
pursuant to Fire and
Building Codes
Community Care Facility, Small
(up to seven residents)
P P P P P P P P 17.04.154.50
Health and Safety
Code Section 1502
Emergency Shelter N N N N N N N N
Employee Housing, up to seven
residents
P P P P P P P P
Home Occupation P P P P P P P P 17.04.330
17.63 Housing, Employee, Agriculture N N N P P N N N California Health and Safety Code
Sections17021.5, 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 P P P P N
Single-Unit Dwellings P P P P N N N P
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Ordinance Amending Title 17, Chapters 17.04, 17.10, etc., of the Bakersfield Municipal Code Relating to Zoning.
Supportive Housing P P P P P P P P Government Code
Section 65651
Transitional Housing P P P P P P P P Government Code
Section 65651
Retail, Service, and Office Uses
Certified Farmers’ 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 P P
Public Utilities, Structures, and
Services
DRA N N N N N N N
17.10.040 Other applicable standards and regulations.
A. General Applicable Standards for All Residential Zones —Development Standards.
1. Nonconforming 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.
B. Multifamily Residential Development- Streamlined Ministerial Review.
1. Qualifying multifamily residential development projects will be subject to the Streamlined Ministerial Review process, pursuant to Government Code Section 65913.4 as it may be amended from time to time.
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Ordinance Amending Title 17, Chapters 17.04, 17.10, etc., of the Bakersfield Municipal Code Relating to Zoning.
BC. 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. Fifty feet of an y dwelling unit or other structure used for human habitation;
b. One hundred feet of the front lot line of the lot upon which such animal or structure is located;
c. Ten feet of the street side of a corner lot; or
d. One hundred 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 (B)(1) of this section, 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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Ordinance Amending Title 17, Chapters 17.04, 17.10, etc., of the Bakersfield Municipal Code Relating to Zoning.
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 fifty 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 rev ocation or modification shall be served by certified mail upon the permit -holder
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Ordinance Amending Title 17, Chapters 17.04, 17.10, etc., of the Bakersfield Municipal Code Relating to Zoning.
and shall be effective upon mailing. Such revocation or modification may be appealed to the city council within ten 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.
CD. 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 one hundred twenty 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 twelve 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.
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Ordinance Amending Title 17, Chapters 17.04, 17.10, etc., of the Bakersfield Municipal Code Relating to Zoning.
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. 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 twenty feet. b. If a garage or carport (attached or detached) opening is parallel to a public street, the setback shall be a minimum of fifteen feet. c. If a garage or carport (attached or detached) opening faces a private street, the setback shall be a minimum of three feet. d. Front yard structural setbacks shall be a minimum of fifteen feet to living space and twelve feet to architectural extensions, such as porches.
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Ordinance Amending Title 17, Chapters 17.04, 17.10, etc., of the Bakersfield Municipal Code Relating to Zoning.
e. Where fifty 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 fifteen feet in depth measured from the front lot line; and if a garage or carport (attached or detached from the main structure) opening faces a public or private street, the setback shall be a minimum of twenty 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 twenty feet. b. If a garage or carport (attached or detached) opening faces a private street, the setback shall be a minimum of three 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 three feet, provided the alley is a minimum width of twenty 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.
9. Two Residential Dwelling Units and Urban Lot Split in a R -1 (Single Unit Dwelling Zone).
a. City shall ministerially approve two residential units and an Urban Lot Split subdivision, pursuant to Government Code Sections 65852.21 and 66411.7, as they may be amended from time to time.
DE. 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 twelve percent of the area of the lot.
Additional Development Standards per Those in Table 17.10-2.
2. Front Setback.
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Ordinance Amending Title 17, Chapters 17.04, 17.10, etc., of the Bakersfield Municipal Code Relating to Zoning.
a. If a garage or carport (attached or detached) opening faces a public street, the setback shall be a minimum of twenty 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 fifteen feet.
c. If a garage or carport (attached or detached) opening faces a private street, the setback shall be a minimum of three feet. d. Front yard structural setbacks shall be a minimum of twelve feet to living space and nine feet to architectural extensions, such as porches.
3. Side Setback.
a. If a garage or carport (attached or detached) opening faces a public street, the setback shall be a minimum of twenty feet. b. If a garage or carport (attached or detached) opening faces a private street, the setback shall be a minimum of three 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 ten feet. For all other adjacent lots, the side yard shall not be less than four 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 three feet, provided the alley or garage court is not less than twenty 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 ten feet for the first story and fifteen feet for the second and additional stories.
EF. R-3 (Multi-Unit Dwelling) Zone—Additional Development Standards per Those in Table 17.10-2.
1. Front Setback.
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Ordinance Amending Title 17, Chapters 17.04, 17.10, etc., of the Bakersfield Municipal Code Relating to Zoning.
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 three feet.
c. All parking shall have a minimum five -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.
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 ten feet. For all other adjacent lots, the side yard shall not be less than four 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 three feet, provided the alley or garage court is not less than twenty 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 ten feet for the first story and fifteen 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.
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Ordinance Amending Title 17, Chapters 17.04, 17.10, etc., of the Bakersfield Municipal Code Relating to Zoning.
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 ten thousand square feet and, that is not part of, or adjacent to, multi-unit subdivisions or other multifamily projects that existed prior to the effective date of the ordinance codified in this section.
FG. 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.
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 five -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
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Ordinance Amending Title 17, Chapters 17.04, 17.10, etc., of the Bakersfield Municipal Code Relating to Zoning.
not less than ten feet for the first story and fifteen 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 three feet, provided the alley or garage court is not less than twenty feet in width.
5. Minimum Lot Area.
a. Ten thousand 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 the ordinance codified in this section.
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 ten thousand 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.
GH. 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 one hundred feet to the front lot line , nor nearer than fifty feet to any existing dwelling on any contiguous property, nor within one hundred feet to any public park, school, hospital, or similar institution.
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Ordinance Amending Title 17, Chapters 17.04, 17.10, etc., of the Bakersfield Municipal Code Relating to Zoning.
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.
4. Setback From the Centerline of Roadways.
a. All structures shall be located not less than one hundred ten feet from the centerline of any existing or proposed public street or highway.
SECTION 3.
Chapter 17.24, Section, 17.24.020, of the Bakersfield Municipal Code is hereby amended to read as follows:
17.24.020 Uses permitted.
The following uses are permitted in the C-2 zone:
A. Any use listed in the uses permitted section in the C-O and C-1 zones.
B. Any of the following uses:
1. Adult entertainment establishments as defined in Section 17.69.020 and subject to the regulations of Chapter 17.69 of this code.
2. Apparel and accessory stores.
3. Appliance store, including stoves, refrigerators, washers, dryers, and other electric or gas appliances, including repair.
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Ordinance Amending Title 17, Chapters 17.04, 17.10, etc., of the Bakersfield Municipal Code Relating to Zoning.
4. Automobile accessory or part stores, including stereo, phone, tire, upholstery and tune -up specialty shops but excluding heavy or major mechanical work and all body or paint work, and where all work is conducted inside a building.
5. Automobile dealership, new and used.
6. Automobile rental agency, including limousine service.
7. Bowling center, billiards.
8. Brewery or distillery, small.
9. Camera and photographic supply.
10. Card room, bingo parlor.
11. Carpet and upholstery cleaners.
12. Carwash, detailing.
13. Computers and computer software store.
14. Department store.
15. Emergency shelter.
1516. Farmers market; provided it is conducted on a paved surface, shall not be operated more than two days per calendar week, has been certified by the Kern County Agricultural Commissioner, and that adequate parking is available through joint, shared or other arrangement as a pproved by the planning director pursuant to Chapter17.58 of this code. 1617. Food vending vehicle.
1718. Floor covering store.
1819. Funeral services, including a crematory provided it is incidental to the main use.
1920. Furniture store, including rental.
2021. Garage for public or commercial parking.
2122. Gift, novelty and souvenir store.
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Ordinance Amending Title 17, Chapters 17.04, 17.10, etc., of the Bakersfield Municipal Code Relating to Zoning.
2223. Hardware store, including home building and garden supply. 2324. Hobby, toy and game store.
2425. Home furnishings, including kitchenware, glassware, lamps and lighting, and fireplace inserts.
2526. Hospital, sanitarium.
2627. Hotel, motel, including restaurants, bars and cocktail lounges, provided they are incidental to the main use.
2728. Luggage and leather goods.
2829. Military surplus store.
2930. Motion picture theater and auditoriums, excluding drive-in. 3031. Motorcycle dealership, new and used.
3132. Musical instrument store.
3233. Nurseries.
3334. Paint, glass and wallpaper store.
3435. Pool and spa sales, provided there is no outside storage of material. 3536. Radio, television and other consumer electronics store, including repair. 3637. Record, tape, disk and other pre-recorded music and video store. 3738. Restaurant and related eating places, including drive -through services and on -site alcohol sales when served together with and incidental to the serving of food, or in a cocktail lounge or bar which is an accessory use to the restaurant, including entertainment.
3839. School, elementary, junior high, and high.
3940. Sewing, needlework and piece good store.
4041. Skating rinks.
4142. Sporting goods, including bicycles, camping equipment, firearms, skiing and golf.
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Ordinance Amending Title 17, Chapters 17.04, 17.10, etc., of the Bakersfield Municipal Code Relating to Zoning.
4243. Taxidermist.
4344. Theater, cinema, excluding drive-in.
4445. Trade, vocational or specialized school.
4546. Used merchandise, including antiques, books, furniture, thrift shops, and pawnshops.
4647. Variety store.
4748. Video arcade.
4849. Winery, boutique.
C. The accessory buildings or structures necessary to such use located on the same lot or parcel of land.
D. Dwelling for use by caretaker or night security, or as accessory and incidental to the permitted use on the parcel.
SECTION 4.
Chapter 17.25, Section 17.25.020 of the Bakersfield Municipal Code is hereby amended to read as follows:
17.25.020 Uses permitted.
A. Any use listed in the uses permitted section in the C-O, C-1, and C-2 zones; B. Any of the following uses:
1. Bus, train and other transit station; provided, that transit vehicles are not stored on site and no repair work or servicing of transit vehicles is conducted on site,
2. News/magazine stand,
3. Nightclub, bar, cocktail lounge or other establishment selling alcoholic beverages for on-site consumption where such use, including entertainment, is the primary business,
4. Parking garage or surface lot,
5. Police, fire and other emergency service alarm centers,
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Ordinance Amending Title 17, Chapters 17.04, 17.10, etc., of the Bakersfield Municipal Code Relating to Zoning.
6. Post office and other courier or parcel delivery service,
7. Sidewalk use, including, but not limited to, outdoor seating, subject to issuance of an encroachment permit;
C. Low barrier navigation center.
CD. Multiple-unit dwelling;
DE. Employee housing, up to six residents;
EF. Mixed combinations of uses allowed in subsections A and B of this section are permitted;
FG. Accessory buildings, structures and uses necessary to support the principal use located on the same lot or parcel of land.
SECTION 5.
Chapter 17.26, Section 17.26.020 of the Bakersfield Municipal Code is hereby amended to read as follows:
17.26.020 Uses permitted.
The following uses are permitted in a C-C zone:
A. Any use listed in the uses permitted section in the C-O, C-1 and C-2 zones.
B. Any of the following uses:
1. Bus, train and other transit station; provided, that transit vehicles are not stored on site and no repair work or servicing of transit vehicles is conducted on site;
2. Employee housing, up to six residents;
3. Multiple-unit dwelling;
4. Parking garage or surface lot;
5. Police, fire and other emergency service alarm centers;
6. Post office and other courier or parcel delivery service;
7. Sidewalk use, including but not limited to outdoor seating, subject to issuance of an encroachment permit;
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Ordinance Amending Title 17, Chapters 17.04, 17.10, etc., of the Bakersfield Municipal Code Relating to Zoning.
8. Single-room occupancy unit.
C. Low barrier navigation center.
CD. Mixed combinations of uses allowed in subsections A and B of this section are permitted.
DE. Accessory buildings, structures or uses necessary to support the principal use located on the same lot or parcel of land.
SECTION 6.
Chapter 17.58, Section 17.58.015 of the Bakersfield Municipal Code is hereby amended 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;
4. Multifamily residential development with nineteen or less dwelling units.
Setbacks to garages, carports and/or parking lots as a potential feature of development are addressed herein.
5. For supportive housing developments with up to 50 units located within
0.5 miles of a public transit stop.
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 7.
Chapter 17.64, Section 17.64.060 of the Bakersfield Municipal Code is hereby amended to read as follows:
17.64.060 Director review and approval permits and conditional use permits—
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Ordinance Amending Title 17, Chapters 17.04, 17.10, etc., of the Bakersfield Municipal Code Relating to Zoning.
Hearing—Decision and findings.
A. Director Review and Approval Permit. The planning director shall render a decision on the application within ten days after the proposed date of “planning director decision” included in the public notice, as described in Section
17.64.050(A). The decision shall grant in modified form, conditionally grant, or deny the requested director review and approval permit as follows:
1. Approval/Conditional Approval. In the case where no public comments in opposition to the request have been received and the planning director is able to make the appropriate findings as noted in subsection B of this section, the planning director will grant approval or conditional approval.
For conditional approvals, the planning director may apply conditions of approval upon the entitlement as noted in subsection D of this section.
2. Referral to Planning Commission. In the case where public comments in opposition to the request have been received, the planning director shall either deny or refer the proposed request directly to the planning commission for a public hearing and decision. If the proposed use is referred to the planning commission, the noticing and hearing procedures in Section
17.64.050(B), Hearings—Notices, shall apply.
3. Denial. In the case where public comments in opposition to the request have been received and the planning director is unable to make the appropriate findings as noted in subsection B of this section, the planning director will deny the application. Such denial may be appealed per Section
17.64.090.
B. Findings Required for Director Review and Approval Permit. A director review and approval permit shall be granted only when it is found that:
1. The granting of such director review and approval permit would not be materially detrimental to the public welfare, nor injurious to the property or improvements in the zone or vicinity in which the property is located; and
2. The granting of the director review and approval permit is necessary to permit an appropriate improvement or improvements 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 atypical subdivision development; and
3. The granting of the director review and approval permit would not be inconsistent with the purposes and intent of Title 17 of this code.
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Ordinance Amending Title 17, Chapters 17.04, 17.10, etc., of the Bakersfield Municipal Code Relating to Zoning.
C. Conditional Use Permit. Following the public hearing, the planning commission or city council may grant, grant in modified form, conditionally grant, or deny the requested conditional use permit. Such decision shall be reflected in a formal resolution containing the findings and the facts upon which the findings are based.
D. Findings Required for Conditional Use Permit. A conditional use permit shall be granted only when it is found that:
1. The proposed use is deemed essential or desirable to the public convenience or welfare; and
2. The proposed use is in harmony consistent with the various elements and objectives of the general plan and applicable specific plans.
E. Conditions. The issuance of any director review and approval permit or conditional use permit pursuant to this title may be granted subject to such conditions as may be deemed appropriate or necessary to assure compliance with the intent and purpose of the zoning regulations and the various elements and objectives of the general plan and applicable specific plans and policies of the city or to protect the public health, safety, convenience, or welfare. Dedications of real property may be required and improvements of public streets shall be in accordance with standard specifications of the city on file in the office of the city engineer.
F. Exercise of Rights. The exercise of rights granted by a director review and approval permit or conditional use permit shall be commenced within two years after the date of the final decision.
G. Termination of Rights. The director review and approval permit or conditional use permit shall terminate, and all rights granted therein shall lapse, and the property affected thereby shall be subject to all of the provisions and regulations of Title 17 of this code applicable to the zone in which such property is classified, when any of the following occur:
1. There is a failure to commence the exercise of rights as required by subsection E of this section, or within any duly granted extension;
2. There is a discontinuance for a continuous period of one year of the exercise of the rights granted.
H. Extension of Time. Any time limit contained in this chapter or in any decision, for good cause shown, may be extended by the body issuing the initial conditional use permit or director review and approval permit for a period which shall not exceed one year.
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Ordinance Amending Title 17, Chapters 17.04, 17.10, etc., of the Bakersfield Municipal Code Relating to Zoning.
1. The property owner may request an extension of the time limit by written application to the planning director or designee. Such application shall be filed before the expiration date of the conditional use permit or director review and approval permit. The application shall provide reasons for extension of the permit.
2. Upon the receipt in proper form of an application for an extension, along with the fee adopted pursuant to Section 3.70.040, the planning director shall fix a time and place of public hearing thereon. The hearing shall be noticed as set forth in Section 17.64.050(B).
3. Following the public hearing, the hearing body shall approve, conditionally approve, or deny extension of the conditional use permit or director review and approval permit.
I. Revocation of Rights. The planning commission may revoke the rights granted by such director review and approval permit or conditional use permit and the property affected thereby shall be subject to all of the provisions and regulations of Title 17 of this code applicable as of the effective date of revocation. Such revocation shall be for good cause, including, but not limited to, the failure to comply with conditions or complete construction as required by subsection G of this section, the failure to comply with any condition contained in the director review and approval permit or conditional use permit, or the violation by the owner or tenant of any provision of the municipal code pertaining to the premises for which such director review and approval permit or conditional use permit was granted.
1. Notice of the intent to revoke shall be given, together with the reasons therefor, either by personal delivery to the occupant of such premises, to the owner of such premises, to any person indicated in the permit as being entitled to exercise the permit, or by deposit in the United States mail, postage prepaid, addressed to such person(s) at his or her last known business or residence address as the same appears in the records of the director review and approval permit or conditional use permit. Service by mail shall be deemed to have been completed at the time of deposit in the post office, or any United States mailbox.
2. The decision of the planning commission shall be final, subject to appeal to the city council within ten days after notice.
3. When a proper appeal has been filed, public hearing upon the matter shall be set before the city council within a reasonable time after the appeal is filed.
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Ordinance Amending Title 17, Chapters 17.04, 17.10, etc., of the Bakersfield Municipal Code Relating to Zoning.
4. Not less than ten days before the date of such public hearing, notice of the time and place of the hearing before the body shall be given as set forth in Section 17.64.050(B).
5. On appeal, the city council may affirm the revocation, overturn the revocation or modify the order of revocation.
6. The decision of the city council shall be final and conclusive.
J. Date of Issuance. No permit or license for any use involved in an application for a director review and approval permit or conditional use permit shall be issued until same has become final by reason of the failure of any person to appeal or by reason of the action of the city council.
SECTION 8.
Chapter 17.73, Section, 17.73.040 of the Bakersfield Municipal Code are hereby amended to read as follows:
17.73.040 Approval findings.
The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:
A. Whether the housing in the request will be used by a person with a disability under the Acts;
B. Whether the request for reasonable accommodation is necessary to make specific housing available to a person with a disability under the Acts;
C. Whether the requested reasonable accommodation would impose an undue financial, administrative or enforcement burden on the city;
D. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning;
E. Potential impact on surrounding uses;
FE. Physical attributes of the property and structures; and
G. Other reasonable accommodations that may provide an equivalent level of benefit.
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Ordinance Amending Title 17, Chapters 17.04, 17.10, etc., of the Bakersfield Municipal Code Relating to Zoning.
SECTION 9.
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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I 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 ______________________________ by the following vote:
AYES: COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER: ____________________________________________________________________ ABSTAIN: COUNCILMEMBER: ____________________________________________________________________ ABSENT: COUNCILMEMBER: ____________________________________________________________________
_________________________________________
JULIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield
APPROVED: _________________
By __________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By _________________________
VIRIDIANA GALLARDO-KING
Deputy City Attorney II
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