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Bakersfield City Zoning Code

17.26 C-C

Commercial Center Zone

*Prior history: prior code §§ 17.29.01017.29.060 and Ords. 2706, 2831 and 3395.

17.26.010 Generally.

The regulations set out in this chapter shall apply in the C-C (commercial center) zone. This zone is intended for those areas in the city that are planned for large-scale mixed use development centers consisting of commercial and high density residential uses with a minimum density of 20.1 dwelling units an acre. Residential development in the C-C zone will still be subject to the R-4 standards with the exception of the density maximum. (Ord. 5162 § 1, 2024; Ord. 5120 § 2, 2023; Ord. 4312 § 1, 2006; Ord. 3631 § 4, 1995)

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;

8. Single-room occupancy unit.

C. Mixed combinations of uses allowed in subsections A and B of this section are permitted.

D. Accessory buildings, structures or uses necessary to support the principal use located on the same lot or parcel of land. (Ord. 5162 § 1, 2024; Ord. 5120 § 2, 2023; Ord. 4312 § 3, 2006; Ord. 3631 § 4, 1995)

17.26.030 Uses permitted subject to planning director review and approval.

The following uses may be permitted in the C-C zone subject to review and approval by the planning director:

A. Public utility structures;

B. Water pump stations;

C. Itinerant merchant, including street vendors, subject to city permit and business license;

D. Promotional activities as defined in this code;

E. Public benefit features pursuant to Section 17.26.090. (Ord. 5120 § 2, 2023; Ord. 3631 § 4, 1995)

17.26.040 Uses permitted subject to conditional use permit.

A. The following uses are permitted in a C-C zone only with the approval of a conditional use permit issued in accordance with the procedures provided in Chapter 17.64 of this code:

1. Adult day care;

2. Assisted living facility;

3. Banquet venue;

4. Bars, nightclubs, cabarets, cocktail lounges or other establishments selling alcoholic beverages for on-site consumption where such use, including entertainment, is the primary business;

5. Food and/or shelter service as defined in Section 17.04.285;

6. Kennels;

7. Movie theater serving alcohol;

8. Recycling centers, as defined by Public Resources Code Section 14520, that are within a convenience zone, as defined by Public Resources Code Section 14509.4;

9. Scientific research and testing services;

10. Swap meets, flea markets and auction houses. (Ord. 5162 § 1, 2024; Ord. 5120 § 2, 2023; Ord. 5008 § 10, 2020; Ord. 4948 § 1, 2018; Ord. 3746 § 9, 1997; Ord. 3695 § 4, 1995; Ord. 3631 § 4, 1995)

17.26.050 Additional requirements.

The following requirements shall apply to all development permitted by this chapter:

A. All permitted and conditional uses pursuant to this chapter shall be subject to site plan review as provided in Chapter 17.08 of this code.

B. Landscaping shall be subject to the requirements of Chapter 17.61 of this code.

C. Off-street parking and loading shall be subject to the requirements of Chapter 17.58 of this code.

D.  Signs shall be subject to the requirements of Chapter 17.60 of this code.

E. Commercial development proposed adjacent to property zoned or designated for residential development shall be required to be separated by a solid masonry wall constructed a minimum height of six feet from highest grade. Any wall located within or along the front yard area shall not exceed a height of four feet. Along street frontages, landscaping shall be required in lieu of or in combination with a solid wall, as determined by the development services director, to screen the commercial development from the residential uses.

F. Open storage of material and equipment permitted in this zone shall be surrounded and screened by a solid wall or fence, including solid gates where necessary, not less than six feet in height. Materials shall not be stacked above the height of the screening.

G. All outside mechanical equipment shall be enclosed or screened from public street view. Bases of towers and antennas shall be screened or enclosed to a height of fifteen feet above grade if not camouflaged.

H. Roof-top areas of commercial structures shall be completely screened from view by parapets or other finished architectural features constructed to a height of the highest equipment and unfinished structural element or architectural feature of the building. This requirement shall apply to all new commercial construction and remodeling of existing commercial structures which involve a change of fifty percent or more of the roof structure or an addition of fifty percent or more to the floor area of the commercial structure. (Ord. 5120 § 2, 2023; Ord. 4939 § 13, 2018; Ord. 4714 § 1, 2012; Ord. 4617 § 4, 2010; Ord. 4312 § 4, 2006; Ord. 3964 § 24, 2000; Ord. 3835 § 14, 1998; Ord. 3631 § 4, 1995)

17.26.060 Building height.

Building height requirements in a C-C zone shall not exceed one hundred eighty feet (approximately twelve stories). (Ord. 5120 § 2, 2023; Ord. 3631 § 4, 1995)

17.26.070 Front, rear and side yards.

There shall be no minimum front, side or rear yard in a C-C zone; however, where a lot abuts any R, MH zone, or PUD project of a single-unit nature, there shall be a minimum setback from any side or rear property line of twenty feet. (Ord. 5162 § 1, 2024; Ord. 5120 § 2, 2023; Ord. 4312 § 5, 2006; Ord. 3631 § 4, 1995)

17.26.090 Public benefit features.

A. The following public benefit features are encouraged:

1. Open Space, Atrium, Plaza, or Garden Available to the Public.

a. These areas are intended to provide public open space which provides quiet retreats from surrounding activity in the intensely developed areas of downtown or a center. While relatively small, they should be flexible in design to accommodate passive recreational activities, as well as allow events and public gatherings. They should also be strategically located to denote important places, create a focus for surrounding development, and increase light and air at the street level. Weather protected areas can serve to function as an interior park to give the public relief from extreme weather conditions.

b. An open space area shall be directly accessible from a public sidewalk with accessibility to the handicapped meeting state handicapped requirements.

c. Permanent art may be incorporated as part of the open areas as set forth in this subsection.

d. Kiosks, displays, art exhibits, and retail vendors are permitted provided they are portable in nature and use of the open area by the public is not precluded. The total area occupied by such uses should not exceed twenty-five percent of the total open area.

e. Interior pedestrian lighting shall be provided.

f.  Directory or directional signs may be permitted pursuant to Chapter 17.60 of this code.

2. Sculptured Building Tops.

a. Sculptured building tops are intended to provide visual interest and variety in the downtown or center skyline. They have the greatest impact in the downtown area where the tallest buildings are permitted. A sculptured building top which modifies the silhouette of a building by reducing the area of the top floor, reduces the overall bulk of the building to produce a more interesting building form. As the building increases in height, its upper portion should become more slender and ornamental. Mechanical equipment on the roof would be enclosed and integrated into the design of the building.

3. Public Art Work.

a. There is a broad view of what constitutes art, and it is desired to encourage a high-quality, imaginative interpretation of the various media. Works of art may be merely decorative, or both decorative and functional. Over time, new materials and art forms may be developed. Therefore, art work may include, but is not limited to, two- or three-dimensional works in all media such as oil or acrylic on canvas, textiles, photography, ceramics, wood, paper, metal, stone, etc. Art work may also include fountains, mobiles, special wall or paving surfaces, mosaics, murals, landscaping elements, and other decorative features. Interdisciplinary projects and collaborations are encouraged, as are works involving sound, touch and other senses.

b. Art work should be an integral part of the design of the building or public open space, and should be compatible in bulk, scale, design, texture, color, and shape with the space in which it is located. It shall be located so that it is clearly visible to people using the public space, and whenever possible, visible from the street.

c. The setting for art work shall be designed in such a way as to provide comfort and amenity, and accommodate people viewing it by incorporating such features as steps, ledges, benches and other seating, or provide rails or other architectural features to lean against.

d. The property owner shall be responsible for the maintenance of all art features for the life of the building or open space.

4. Voluntary Building Setback.

a. Voluntary building setbacks are intended to expand the landscaped area along streets to encourage additional open space along public streets that link large open space areas, parks and plazas.

b. The additional setback area should provide ample room for landscaping that will complement existing street landscaping and the building.

5. Overhead Weather Protection.

a. Overhead weather protection is intended to improve pedestrian comfort along pedestrian routes.

b. Overhead protections should be permanent and nonretractable with a minimum protection width of six feet.

c. At least one -half of the overhead protection should be over the sidewalk within the public right-of-way. An encroachment permit shall be obtained from the public works department.

d. No covering shall extend more than ten feet or to a point within two feet from the curb flow line, whichever is less. The entire area under the weather protection shall be unobstructed by structural elements such as columns.

e. The lower edge of the overhead protection shall be a minimum of eight feet and a maximum of twelve feet above the sidewalk.

6. Day Care Facilities (Children and Adult).

a. Day care facilities provide a safe and supportive environment for a wide range of educational, social and health related services for both children and adults. Encouraging the integration of these facilities into mixed use developments allows these services to be near both homes and workplaces helping caregivers better manage quality time at both work and home. The location of these facilities near employment centers and residential neighborhoods can also contribute to reducing automobile congestion, air pollution, and enhance the ability to blend civic, volunteer and work interests into sustainable communities. (Ord. 5120 § 2, 2023; Ord. 4312 § 7, 2006; Ord. 3631 § 4, 1995)

17.26.100 Minimum lot area.

There shall be no lot minimum requirement in a C-C zone; however, all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone. (Ord. 5120 § 2, 2023; Ord. 3631 § 4, 1995)

17.26.110 Distance between buildings on the same lot.

None; however, all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone. (Ord. 5120 § 2, 2023; Ord. 3631 § 4, 1995)