Bakersfield City Zoning Code
17.64 Modifications
Conditional Use Permits, Amendments and Appeals
17.64.010 Scope.
The regulations set forth in this chapter shall apply to modifications, conditional use permits, the enactment of text amendments to Title 17 and zone changes (amendments changing property from one zone to another or changing the boundary of any zone.) (Ord. 3746 § 17, 1997)
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 code.
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. (Ord. 5175 § 5, 2024; Ord. 5173 § 2, 2024; Ord. 5020 § 1, 2020; Ord. 4876 § 3, 2016; Ord. 3835 § 38, 1998; Ord. 3754 § 1, 1997; Ord. 3746 § 17, 1997)
17.64.030 Authority of planning commission.
The planning commission, as the advisory agency, shall have the sole authority to grant modifications of automobile parking space requirements on private property for multifamily 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(O). Appeal of the commission decision on such modification shall be governed by the provisions of Chapter 16.52 of this code. (Ord. 5175 § 5, 2024; Ord. 3746 § 17, 1997)
17.64.040 Initiation.
A. Applications for director review and approval permits shall be filed with the planning director or his/her appointed designee on forms provided by the planning director.
B. Applications for conditional use permits shall be filed with the planning director or his/her appointed designee on forms provided by the planning director.
C. Proceedings for redistricting of property may be initiated by the city council, planning commission, planning director or by filing with the planning director an application signed by one or more of the record owners of the parcel of property which is the subject of the application or an agent of the owner authorized in writing. In the event that an application by owners involving more than one parcel of land is submitted for district amendment or adoption, owners of parcels representing at least sixty percent of the area involved must sign the application. The names of all record owners of all land involved must be stated on the application.
D. Proceedings for amendment of any provisions of Title 17 of this code, other than amendments changing property from one zone to another, may be initiated by city council action, planning commission action or action of the city staff. (Ord. 5020 § 2, 2020; Ord. 3746 § 17, 1997)
17.64.042 Fees.
The city council shall by resolution set fees for application for director review and approval, conditional use permits, changes of zones and for appeals from any order, requirement, decision or determination provided for in this chapter. Such fees shall be in amounts necessary and appropriate to reimburse the city for all costs related to the processing of and acting upon each such application or appeal. No application or appeal shall be deemed complete until the prescribed fee has been received by the city. (Ord. 5020 § 3, 2020; Ord. 3746 § 17, 1997)
17.64.050 Hearings—Notices.
A. Procedure for Director Review and Approval Permits. Any application for a director review and approval permit shall be considered by the planning director after it is publicly noticed in the following manner:
1. Not less than ten days before the planning director decision, a direct mailing shall be sent to the owners and/or occupants of property located within three hundred feet of the boundaries of the project site, as shown on the latest equalized assessment roll.
2. Notice shall also be given by first class mail to any person who has filed a written request with the planning division. The city may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing.
3. Such notice shall include the following information: the name of the applicant, nature of the request, location of the property, the environmental determination, the proposed date of “planning director decision” (ten days from date of notice), and the appropriate method and deadline for written or verbal comments to be submitted to the city for consideration.
4. Substantial compliance with these provisions shall be sufficient and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this section.
5. Alternatively, at his/her discretion, the planning director may refer the proposed use directly to the planning commission for a public hearing and decision. If the proposed use is referred to the planning commission, the noticing, hearing, and planning commission appeal procedures of subsection B of this section shall be followed.
6. For any director review and approval permit application filed in conjunction with any discretionary application (including a conditional use permit, tentative subdivision map, etc.), the applicant shall file the application concurrently, for review with the application requiring discretionary approval.
B. Procedure for Conditional Use Permits and Zone Changes. Upon the receipt in proper form of a complete application for a conditional use permit, or zone change, along with the fee adopted pursuant to Section 3.70.040, the planning director shall fix a time and place of public hearing thereon in the following manner:
1. Not less than ten days before the date of such public hearing, notice of the date, time and place of hearing, along with the location of the property and the nature of the request shall be given.
2. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to the owner of the subject real property of the owner’s duly authorized agent, and to the project applicant.
3. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to each local agency (if not the city) expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.
4. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within three hundred feet of real property that is the subject of the hearing. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection or subsection (B)(2) of this section is greater than one thousand, in lieu of mailed or delivered notice, notice may be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city at least ten days prior to the hearing. Notice of hearing upon each application for a conditional use permit to allow drilling for and production of petroleum pursuant to Chapter 15.66 of this code shall be mailed to such owners of all property that is the subject of the hearing, and the production operator of record of subject real property as shown in the state of California Department of Conservation, Geologic Energy Management Division (herein CalGEM) records as of thirty days of the date of application of the conditional use permit. The applicant shall be responsible for obtaining the operator’s name and address from CalGEM and submitting such documentation from the division with the application for a conditional use permit.
5. Notice shall be published in at least one newspaper of general circulation within the city at least ten days prior to the hearing.
6. Notice shall be mailed to every person filing with the planning director a written request for notice.
7. In addition, not less than twenty days but not more than sixty days prior to the hearing on any general plan amendment, specific plan, zone change, or conditional use permit, the applicant shall post signs on the property indicating the date, time, and place of the hearing on the proposed general plan amendment, specific plan, zone change, or conditional use permit.
a. One sign shall be posted for every three hundred feet of street frontage, or portion thereof, with a maximum of two signs per street frontage. If no portion of the property fronts an existing public street, at least one sign shall be posted on the property nearest the point of legal access from a public street or as otherwise directed by the planning director.
b. For general plan amendment, specific plan, zone change, and conditional use permit on an undeveloped site, the size of the signs shall be eight feet wide by four feet high. Lettering style, formatting, mounting, and materials to be used shall be as set forth in the administrative policy manual approved by the development services director.
c. For a conditional use permit on a developed site in all nonresidential zones, the size of the signs shall be four feet wide by four feet high. The signs shall be posted along the street frontage, but not in the public right-of-way. In addition, a smaller sign (e.g., eleven inches by seventeen inches), at the discretion of the planning director, shall be placed in the window of the facility where the activity will occur. For a conditional use permit on a developed site in a residential zone, the provisions of Section 17.60.070(C) shall apply.
d. The applicant shall file with the planning department, on a form provided by the city, photograph(s) of the posted sign(s) and a declaration, signed under penalty of perjury, that the property has been posted according to the requirements of this section.
e. If the applicant fails to post the signs within the specified time, and if the photographs and declaration are not filed with the planning department within five days of the signs being posted, the public hearing may be postponed until the signs are posted and proof of posting has been submitted.
f. The applicant shall remove all signs posted pursuant to this section within ten days after final city action on the general plan amendment, specific plan, zone change, or conditional use permit. Should the applicant withdraw their application for a general plan amendment, specific plan, zone change, or conditional use permit, all signs posted shall be removed within ten days of the withdrawing of the application.
g. Should the applicant fail to remove any sign within the specified time, the city may remove any such sign and the costs thereof shall be borne by the applicant.
C. When proceedings are initiated for the amendment of any provision of this title, other than amendments changing property from one zone to another, or changing the boundary of any zone, a public hearing shall be held. Notice of such hearing shall be given once by publication in a newspaper of general circulation in the city, which notice shall state the time, date and place of such hearing and a general description of the nature of the proposed text amendment. (Ord. 5094 § 1, 2022; Ord. 5020 § 4, 2020; Ord. 4939 § 20, 2018; Ord. 4714 § 1, 2012; Ord. 4392 § 2, 2006; Ord. 4060 § 4, 2002; Ord. 3746 § 17, 1997)
17.64.060 Director review and approval permits and conditional use permits—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.
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 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.
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.
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. (Ord. 5020 § 5, 2020; Ord. 4913 § 1, 2017; Ord. 4681 § 1, 2012; Ord. 4557 § 1, 2009; Ord. 3746 § 17, 1997)
17.64.070 Zone changes—Hearing—Decision.
A. A public hearing shall be held and conducted by the planning commission or city council, notice of which shall be given as set forth in subsection B of Section 17.64.050.
B. The planning commission or city council shall either approve and recommend the enactment of the proposed amendment, disapprove it or recommend an alternative zoning district more restrictive than that proposed.
C. If any proposed zoning is disapproved by the planning commission and no appeal is filed, such action by the planning commission shall be final and conclusive. The disapproval of a matter initiated by the planning commission itself shall be final, and not subject to appeal.
D. All approvals and recommendations of zone changes by the planning commission shall be presented to the city council for final action following public hearing by the planning commission. Matters so presented to the city council for final action shall not require a noticed public hearing before the city council except as required by Section 17.64.100 or unless an appeal is filed pursuant to Section 17.64.090. (Ord. 3746 § 17, 1997)
17.64.080 Title 17 text amendments—Hearing—Decision.
A. Any text amendments codified herein to this title shall require a public hearing conducted by the planning commission or city council, notice of which shall be given as set forth in Section 17.64.050(C).
B. The planning commission or city council shall either approve and recommend the enactment of the amendment as proposed or as altered, or shall disapprove the amendment. Any final text amendments to this title shall be presented to city council for final action.
C. Any text amendment to this title enacted into ordinance by city council shall be done in accordance with its normal procedure. The action of the council shall be final. (Ord. 5107 § 1, 2022; Ord. 3746 § 17, 1997)
17.64.090 Appeals—Conditional use permits and zone changes.
A. The action of the planning commission shall be final unless, within ten calendar days after the decision, the applicant or any other person shall appeal therefrom in writing to the city council by filing such appeal with the city clerk. A decision of the city council shall be final and conclusive.
B. The appeal shall include the appellant’s interest in or relationship to the subject property, the decision or action appealed, and specific reasons why the appellant believes the decision or action from which the appeal is taken should not be upheld.
C. The city clerk shall set the date for hearing the appeal. Notice of the appeal hearing shall be given as set forth in Section 17.64.050.
D. For conditional use permits, on appeal following the hearing, the city council may grant, grant in modified form, or deny the requested conditional use permit. The decision of the council shall be final and conclusive.
E. For zone changes, on appeal following a public hearing, the council may enact into ordinance the zoning amendment giving rise to the appeal or any alternative zoning district more restrictive than that proposed, may affirm any conditional approval and recommendation of the planning commission, or may decide against adoption of the proposed zoning ordinance amendment. The decision of the council shall be final and conclusive. (Ord. 5020 § 6, 2020; Ord. 4086 § 1, 2002; Ord. 3746 § 17, 1997)
17.64.100 Zone changes—Council action when planning commission decision not appealed.
A. When no appeal is filed in accordance with Section 17.64.090, the city council may enact into ordinance any zone changes as approved and recommended by the planning commission in accordance with its normal procedure as in the case of any other ordinance of the city.
B. If the council decides to disapprove the recommended zone change, approve a district more restrictive than that recommended, or change any of the conditions recommended by the planning commission, the city council shall set the matter for a noticed public hearing at the next available regular meeting for which notice, as required in Section 17.64.050, may be published, posted and mailed.
C. At the public hearing, the city council may approve the zone change as recommended by the planning commission, disapprove the zone change, approve a district more restrictive than that recommended or change any of the recommended conditions.
D. No permit or license shall be issued for any use involved in an application for a change of zone until the same has become final on the effective date of an ordinance. (Ord. 3746 § 17, 1997)
17.64.110 Conditions for reapplication.
Where an application for a zone change or conditional use permit has been finally determined by the city council or planning commission, no reapplication or new application for the same zone change or conditional use permit shall be considered or heard by the planning commission or city council for a period of one year. However, where a change has occurred which, in the sound discretion of the city council or planning commission (whichever previously made the final determination) indicates that a new hearing should be had on an application for a zone change and where a showing has been made that the public interest would best be served by reconsideration or new consideration, the prohibition of this subsection may be waived after a finding by the body petitioned that the public interest would best be served by a reconsideration of a new hearing. (Ord. 5020 § 7, 2020; Ord. 3746 § 17, 1997)