Bakersfield City Zoning Code

17.08 General

Regulations Including Site Plan Review

A. On all corner lots located on uncontrolled intersections, no obstruction to motor vehicle driver views in excess of three feet higher than curb flow line grade shall be placed on any corner or reversed corner lot within a triangular area formed by the intersecting street curblines and a line connecting them at points sixty feet from their intersection point.

B. On all lots abutting an alley or driveway, no obstruction to sight view shall be permitted within the triangular area formed by the alley or driveway edge and edge of the sidewalk closest to the interior property line, or the street right-of-way line in the absence of a sidewalk, and a line connecting them at points ten feet from their intersecting point.

17.08.010 Applicability.

The provisions of this chapter are general provisions that apply to development within the city in accordance with the requirements herein. (Ord. 3835 § 3, 1998; prior code § 17.52.010)

17.08.020 Conflicting regulations.

Where any provision of this title imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this title shall govern; provided, however, that where a subdivision has been approved by the planning commission and the city council under the provisions of Chapter 16.36 of this code, then the approved standards for streets and highways, alleys, easements, blocks, lots, yards, pedestrian ways and access shall be considered as requirements of the zoning ordinance. (Prior code § 17.52.020)

17.08.030 Less restrictive uses prohibited.

The express enumeration and authorization in this title of a particular class or building, structure, premises or use in a designated zone shall be deemed a prohibition of such buildings, structure, premises or use in all zones of more restrictive classification, except as otherwise specified. (Prior code § 17.52.030)

17.08.040 Determination of use.

A. Uses permitted other than those specifically mentioned in this title as: (1) uses permitted; (2) uses permitted subject to a director review and approval; or (3) uses permitted subject to the approval of a conditional use permit, in each of the zone districts may be permitted therein subject to the approval of a determination of use.

B. “Determination of use” in this section refers to establishing whether a use that is not included in the applicable zone district use schedule and is not reasonably similar to uses identified within the applicable use schedule can be allowed nonetheless. In such cases, an applicant shall submit an application for determination of use to the planning department for processing, which will be referred to the planning commission for review and approval.

C. The applicant shall submit a completed application form, a completed operational statement, pay a fee as determined by the council, and such information necessary to discern the exact nature and extent of the requested use as may be required by the planning director.

D. The planning department shall schedule the request for determination of use to the next available regular meeting of the planning commission for public hearing.

E. The decision on the determination of use shall provide the applicant with a written explanation, that includes, at a minimum:

1. A definition of the proposed use, which may include edit of or insertion into previously existing definitions; and

2. A classification of the use within the use schedule of the zoning ordinance for all applicable zone districts; and

3. The classification of the use which can be determined to be a prohibited use, a permitted use, a permitted use subject to a director’s review and approval, and/or a permitted use subject to the approval of a conditional use permit; and

4. In all cases where a use is permitted to be established, the planning commission must make the findings that the determination of use is:

a. Consistent with the purpose and intent of the zone district(s) and underlying general plan land use designation(s) as assigned, and

b. Not more detrimental to the public peace, health, safety or welfare of the community than the permitted or conditionally permitted uses specifically mentioned for the respective zone(s), and

c. Similar to and compatible with other uses allowed or conditionally allowed in the designated zone district(s).

F. The determination of use may require:

1. Additional entitlements be approved prior to the establishment of the use; and/or

2. Operational limits to the use; and/or

3. Development requirements to the use as a component of those entitlements.

G. The planning director shall cause a list of such determinations and entitlements to be maintained and shall periodically initiate an amendment to the zoning ordinance to incorporate such changes into the zoning ordinance.

H. Determination of use shall be processed in accordance with public hearing procedures established by Section 17.64.050 and be subject to the findings required by subsection (E)(4) of this section.

I. The decision of the planning commission may be appealed to the city council consistent with Section 17.64.090. (Ord. 5008 § 1, 2020; prior code § 17.52.040)

17.08.050 Prohibited uses.

A. The following uses are specifically prohibited within any zone district:

1. Medical marijuana dispensary.

2. Commercial cannabis activity.

B. Other uses may also be prohibited, provided such uses are, in the opinion of the planning commission, more detrimental to the public peace, health, safety or welfare of the community than the uses specifically mentioned for respective zone(s). (Ord. 5008 § 2, 2020; Ord. 4918 § 2, 2017; Ord. 4731 § 2, 2013; prior code § 17.52.050)

17.08.060 Site plan approval required.

No person shall undertake, conduct, use or construct, or cause to be undertaken, conducted, used or constructed, any of the following without first obtaining site plan approval: any change in the actual use of land or improvements thereon, including, but not limited to, the construction of any improvements which require a building permit, enlargement, reconstruction or renovation of improvements; provided, however, site plan approval may be consolidated with other discretionary approvals such as conditional use permits and planned commercial developments. (Ord. 3835 § 6, 1998)

17.08.070 Exemptions from site plan review.

The following are specifically exempt from and do not require site plan approval:

A. Uses allowed as permitted uses in the R-1, R-S, RH, A, A-20A, FP-P and FP-S zones;

B. Normal maintenance and repair of improvements and exterior remodeling not requiring a building permit;

C. Interior improvements which do not involve changes to the exterior of a building or a change of use or intensity of use;

D. Subdivision of land;

E. Change of use of an existing building from a permitted use of one class or type to a permitted use of a different class or type not associated with the enlargement of space or modification of development standards, zoning regulations or policies;

F. Parking lot restriping/redesign;

G. Outdoor advertising signs;

H. Wireless telecommunication facilities in accordance with Chapter 17.59 of this code;

I. Metal storage containers;

J. Utility buildings and structures (unoccupied);

K. Carports;

L. Paint booth additions;

M. Classroom additions to religious institutions;

N. Farmers market;

O. Used car sales where lot is already improved;

P. New surface parking lot;

Q. Additions of accessory buildings on a developed commercial or industrial site;

R. Equipment/contractor storage yards where there are no buildings or employees;

S. Fallout shelter. (Ord. 5153 § 2, 2024; Ord. 4231 § 6, 2005; Ord. 3835 § 6, 1998)

17.08.080 Site plan approval process.

A. Application. The application shall consist of a fee, based upon a schedule adopted by the city council, one legible copy of the application form and two legible copies of a site plan showing the intended use of all buildings to be constructed, elevations and floor plans, and a list of off-site improvements to be constructed in accordance with city ordinances and standards. The application shall also include sufficient information to determine whether the proposed project is consistent with the general plan and zoning ordinance as implemented by adopted city regulations and all information necessary to determine if the project is subject to review pursuant to the California Environmental Quality Act (CEQA), as determined by the planning director. All applications shall consist of the following:

1. Application Form. The application form shall be provided by the planning director and shall be filled out to the satisfaction of the planning director;

2. Check List. Hazardous materials compliance check list as required by the city fire marshal;

3. Site Plan. The site plan shall be neatly dimensioned and drawn to an appropriate scale (preferred scale is one inch equals twenty feet) with a minimum size of eight-and-one-half inches by eleven inches and shall depict the subject parcel. The site plan shall indicate the location of the site, project address, location of all existing improvements, the type and location of all proposed improvements, type and location of all improvements proposed to be demolished or constructed, all existing and proposed uses on-site and all evidence of a mappable nature which may be required, including:

a. Location, height and material of existing and/or proposed fences and walls,

b. Location of off-street parking, the number of required parking spaces, the number of provided parking spaces, and the number of and location of handicapped spaces, type of paving, direction arrows depicting traffic flow, parking dimensions, and total parking lot square footage,

c. Location and type of parking lot lighting, including pole locations, pole height, light source, illumination level and fixture types,

d. Locations and width of drive approaches,

e. Method of stormwater disposal,

f. Location of existing and/or proposed public improvements (such as curbs, gutters, sidewalks, sewers, utility poles, fire hydrants, street lights, traffic-control signing, traffic signal devices, specific plan lines for streets and highways, etc.),

g. On-site drainage and method of sewage disposal,

h. Location of trash refuse area,

i. Landscaped areas,

j. Summary of all proposed buildings, including:

i. Total gross floor area,

ii. Number of floors and square footage per floor,

iii. Existing use or uses of the building(s) and their respective square footage,

iv. Proposed use or uses of the building(s) and their respective square footage,

v. Required and provided parking ratios for each building;

k. Elevations and floor plans, including description of room use, of all proposed or existing buildings or additions to existing buildings. In the case of building additions, the plans shall clearly show existing and proposed areas and any areas proposed for demolition;

4. Landscape Plan. The applicant shall provide a landscape plan as set forth in Chapter 17.61 of this code which demonstrates the project complies with the requirements of that chapter and/or landscaping requirements set out in the zoning ordinance or specific plans for that area;

5. Environmental Information. The applicant shall provide such information as may be required by the planning director in satisfaction of the requirements of the California Environmental Quality Act (CEQA);

6. Additional Information. The applicant shall provide any other information as required by the planning director that is necessary to ensure that the project can be adequately evaluated;

7. Fees. The applicant shall pay a fee not to exceed the cost of processing and reviewing the plan as set forth in Chapter 3.70 of this code.

1. Acceptance. Applications shall be submitted to the planning director. Within thirty days, the planning director shall determine whether the application is complete and conforms to these requirements. No application shall be deemed complete unless the project is consistent with the general plan and zoning ordinance as implemented by adopted regulations of the city. If the application does not conform to the requirements of this chapter or is inconsistent with the general plan or zoning regulations, the planning director shall notify the applicant what additional requirements or applications may be necessary to comply with this section. If the application is complete, he/she shall accept it for processing.

2. Referral and Review. After the application is deemed complete, the planning director shall transmit one copy of the application to the site plan review committee which is established and shall consist of the planning director, building director, fire chief and public works director, or their designated representatives. The site plan review committee shall review and provide comments on such application to the planning director.

3. Environmental Review. The planning director shall conduct CEQA review pursuant to CEQA implementation guidelines and state law if the project is subject to CEQA.

4. Approval. After considering the recommendations from the site plan review committee and the planning director, and after approving any necessary CEQA documents, the development services director may approve, conditionally approve or deny the site plan. The development services director may impose time limits within which specified improvements shall be installed. Failure to complete installation of such improvements within the specified time limit shall void both the site plan approval and any building permit issued. A site plan may only be denied if the proposed project does not comply with city codes, standards or policies, or CEQA. The action of the development services director approving or denying site plan, if not appealed as provided hereinafter, shall be final.

5. Building Permit Review. Upon submittal by the applicant for a building permit for a project for which site plan approval has been given, the building director will transmit a copy of the construction plans to the site plan review committee who will review the plans for compliance with the conditions, requirements and mitigation measures imposed on the site plan. If the committee determines the applicant has not complied with one or more of the applicable codes, standards, mitigation measures or other conditions imposed by the development services director, the planning director shall notify the applicant in writing that the plans will be suspended from further processing until such compliance is satisfied. No certificate of occupancy shall be issued by the building director until all conditions, requirements and mitigation measures imposed on the site plan have been accomplished.

6. Commencement of Construction. No development or construction, including grading, for which site plan approval is required, may begin until the process set forth in this chapter has been completed, the time period for appeal has expired, and all other permits and licenses required for the project to commence have been obtained.

1. Revisions Prior to Decision. The applicant may submit revisions to the site plan application at any time before the site plan is approved or denied. The planning director may determine that the revisions require study by the staff or comment by one or more city departments and/or other public agencies, or further CEQA review, and may therefore reprocess the application as necessary, including recirculating any environmental document for public comment.

2. Revisions After Denial of the Site Plan. The applicant may resubmit the proposal with revisions together with any required processing fees. Such resubmittal shall be acted upon in the same manner as the original application.

3. Revisions After Approval of the Site Plan. At any time after approval, but before the approved site plan expires, the applicant may submit revisions to the plan. Such revisions shall be acted upon in the same manner as the original application; provided, however, minor revisions resulting from physical obstacles, compliance with conditions or mitigation measures, or other comparable constraints may be approved by the planning director. Revisions as provided in this subsection shall not extend the time the site plan expires.

D. Expiration of Site Plan. Approved site plans shall expire unless building permits have been issued on the project, or on projects not requiring a building permit construction has commenced on-site, within two years of the date of approval and the entire project completed not more than five years from the date of approval of the site plan. Time requirements may be extended for a period of one year by the planning director through resubmittal of final plans for check against current code requirements and/or written justification for the requested extension. No fees will be levied for such a compliance check and extension. Changes to the plans originally approved for purposes other than code requirements shall require an application for revisions pursuant to this chapter. Upon expiration of the building permit, a new site plan approval must be obtained. In any event, such site plan shall expire upon the rezoning of the site following approval of the site plan unless the proposed use is a permitted use in the subsequent zone.

1. Any person not satisfied with the decision of the development services director may, within ten days of the date of that decision, appeal to the city planning commission by filing a written notice of appeal and payment of fees with the planning director setting forth the precise basis and issues on appeal and requesting a hearing thereon. The planning commission shall, as soon as possible, hold a noticed public hearing thereon. Only appeals of issues subject to review by the planning commission will be accepted for filing.

2. Notice of the date, time and place of the hearing shall be mailed or delivered at least ten days prior to the hearing to the owner of the subject real property, the owner’s duly authorized agent, the project applicant, and the appellant. Notice shall also be mailed to every person filing with the planning director a written request for notice, and those within the noticed area if the site plan was initially subject to a public hearing.

3. Review by the planning commission of an appealed site plan is limited to a determination of whether or not an adopted development standard, zoning regulation, or policy applied or not applied to the project was done consistent with authority granted by city ordinance. No authority is granted to add, delete, change or modify adopted standards, regulations or policies except as required to comply with conditions necessary to mitigate unavoidable environmental impacts. After hearing the appeal, the planning commission may deny, grant or partially grant the appeal by directing changes to the project or to the CEQA document adopted or to the mitigation measures as necessitated by their findings regarding the issues appealed. All findings, CEQA determinations and conditions made by the development services director not appealed to the planning commission shall remain in full force and effect and shall not be modified by the planning commission. The decision by the planning commission shall be final.

4. Any person not satisfied with the decision of the planning commission may, within ten days of the date of that decision, appeal to the city council. All procedures for notice, review of the appeal, and the holding of the public hearing within subsection E shall also apply to the city council.

5. Failure to file an appeal within the time period prescribed therefor shall be deemed a waiver of the right of appeal. (Ord. 4939 § 9, 2018; Ord. 4714 § 1, 2012; Ord. 3835 § 6, 1998)

17.08.090 Overlooks into residential rear yards.

A. The intent of this section is to provide a reasonable degree of privacy to and screening of residential rear yards adjacent to multistory office, commercial, industrial, apartment or condominium structures. Screening shall only apply to the rear yard of the impacted residential property, being defined as a three-dimensional area measured horizontally between the rear property line and the residential structure, and measured vertically between the grade of the residential structure’s foundation and a plane five feet above such grade. This section does not intend to provide a total screening of the affected yard area, or the affected residence’s building walls and windows.

B. Screening shall apply to overlooks from all windows, balconies, and decks from the second floor and above, in office, commercial, industrial, apartment or condominium structures containing three or more units that are within one hundred fifty feet of property zoned for R-1, R-S, MH, PUD projects and condominium projects of a single-unit character with private rear yards. This section shall not apply to overlooks from buildings to yards within the same planned unit development projects.

C. If a building subject to this section begins construction and the property within one hundred fifty feet of it in the above cited residential zones is vacant, then it shall not be required to screen that vacant property from its view.

D. Where a project has a severe overlook problem because of topography, height of structure or other unusual conditions, the building and planning directors may require a landscape plan to provide a long term screening solution (effective within five years) within three hundred feet of property zoned R-1, R-S, MH, PUD projects and condominium projects of a single-unit character with private rear yards.

E. Where a project falls under the provisions of this section, a conceptual screening plan shall be submitted with the site plan review application. Where possible, the screening plan shall incorporate the use of landscaping.

F. The decision as to what is a reasonable degree of privacy and a reasonable plan to accomplish such privacy shall be determined by the building and planning directors. In making such decision, the directors shall consider the following factors:

1. Topography and zoning of neighboring properties;

2. Design alternatives;

3. Cost;

4. Timing of development;

5. Building code and fire safety regulations;

6. Other factors determined to be significant by the directors.

G. Methods which may be used to accomplish screening include, but are not limited to:

1. No windows, balconies or decks facing the affected residential property;

2. Windows with sills a minimum of five feet above the floor;

3. Translucent glass;

4. Wing walls;

5. Louvers appropriately directed;

6. Landscaping;

7. Awnings when used as an interim screening in connection with a permanent landscaping plan;

8. Other design solutions which accomplish essentially the same results as determined by the directors;

9. Separation of the multistory building from the closest portion of the yard being protected by a minimum distance of one hundred fifty feet measured horizontally. (Ord. 5153 § 2, 2024; Ord. 3835 § 6, 1998)

17.08.100 Dwellings to face access other than alley.

A. Except where otherwise provided for in this title, every dwelling shall face or have frontage upon a street or permanent means of access to a street by way of a public or private easement of passageway other than an alley.

B. Such easements shall be not less than ten feet in width. (Prior code § 17.52.100)

17.08.110 Height of buildings—Roof structures, chimneys and towers.

A. No penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment; towers, steeples, roof signs or other structures shall exceed the height limit provided in this title.

B. Flagpoles, public utility poles and lines, chimneys and smokestacks may extend not more than thirty feet above the height limit provided in this title; provided, that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. Wireless telecommunication facilities, including antennas, satellite dish antennas, and towers shall be subject to the provisions of Chapter 17.59 of this code. (Ord. 4231 § 7, 2005; prior code § 17.52.110)

17.08.125 Street setback exceptions—Front and side yard.

Where more than fifty percent of the lots along the same side of a street within the same block contains existing buildings having setbacks from the street less than the required minimum specified by the zone district in which the buildings are located, any new building may be set back a distance equal to the average setback of the existing buildings. However, in no instances, shall any building be required to be located more than the minimum setback specified by the zone district. (Ord. 4753 § 1, 2013; Ord. 3463 § 1, 1992; Ord. 2696 § 2, 1982)

17.08.130 Accessory buildings.

A. Accessory buildings or structures may be located within an interior side or rear yard area in any residential zone district or project of a residential nature provided they do not exceed a height of seven feet and/or an area of one hundred twenty square feet.

B. Accessory buildings or structures exceeding a height of seven feet and/or an area of one hundred twenty square feet in any residential zone district or project of a residential nature, shall not be located nearer than five feet to any interior side or rear property line.

C. Accessory buildings and structures in commercial and industrial zone districts shall be subject to all development standards of that zone district.

D. No accessory buildings or structures shall be located within any required street side yard or front yard area. Fountains, ponds and other decorative water features, and garden/art decorations are exempt from this subsection provided that they do not exceed a height of six feet. Flag-poles are also exempt and are subject to the regulations in subsection B of Section 17.08.110. (Ord. 4680 § 1, 2012; Ord. 3964 § 5, 2000; Ord. 2696 § 3, 1982; prior code § 17.52.130)

17.08.140 Design standards for retail developments.

A. Purpose. Bakersfield is concerned with the future design of its commercial areas, specifically with the growth of retail developments. At the same time, it is important to encourage economic development. These standards help mitigate unwanted design, while encouraging developers to incorporate good community architecture that enhances the city’s character and quality of life. In addition to the requirements herein, all landscaping projects shall adhere to that certain Model Water Efficient Landscaping Ordinance (MWELO) as adopted in California Code of Regulations, Title 23, Chapter 2.7 of this code as adopted by the state.

1. These standards shall apply to all retail developments throughout the city within all commercial zone districts, and all nonresidential zones where the development contains retail commercial components, including but not limited to planned unit development zones, industrial zones, and recreation/open space zones. These standards also apply to all specific plan areas unless the plan has standards that are more restrictive. In Northeast Bakersfield, the building design standards in subsection D of this section shall apply to all commercial and industrial projects, regardless of size, which are subject to site plan review.

2. These standards are in addition to any other development requirements as required by this title, including but not limited to zone district regulations, signs, parking, landscaping, and accessory uses.

1. An addition to an existing retail development that was initially subject to these standards shall be required to comply with the requirements of this section.

2. An addition to an existing retail development that was not previously subject to the requirements of this section is required to comply with this section if the gross floor area of such establishment as a single expansion or cumulatively is increased by fifty percent or more, or exceeds fifty thousand square feet.

3. Reference may be made in this subsection to specific geographic areas, which are defined as follows:

a. Northeast Bakersfield includes all lands east of Fairfax Road (and any northern extension thereof) and north of the Union Pacific Railroad that parallels Edison Highway.

1. Exterior building walls and facades over one hundred feet in length shall incorporate wall plane projections or recesses with a depth of at least three percent of the length of the facade and extending along at least twenty percent of the length of the facade. No facade shall have an uninterrupted length of flat wall that exceeds one hundred horizontal feet. Facades that face public streets shall include arcades, display windows, entry areas, or other such permanent features along no less than sixty percent of their horizontal length.

2. All building facades must include no less than three of the following elements. At least one of the elements (subsection (D)(2)(a), (D)(2)(b) or (D)(2)(c) of this section), shall occur horizontally. All elements shall occur at intervals of no more than thirty feet, either horizontally or vertically.

a. Color change;

b. Texture change;

c. Material change;

d. An expression of architectural or structural bays through a change in plane no less than twelve inches in width, such as an offset, reveal or projecting rib, or other architecturally appropriate feature.

3. In multiple building developments, each individual building shall include prominent architectural characteristics shared by all buildings in the center so that the development forms a cohesive sense of place.

4. Rooflines shall be varied with a change in height every one hundred linear feet of the building length. Parapets, mansard roofs, gable roofs, hip roofs, or dormers shall be used to conceal flat roofs and roof top equipment from public view. Alternating lengths and designs of the roofline are acceptable. If parapets are used, they shall not at any point exceed one-third of the height of the supporting wall. All parapets shall feature three-dimensional cornice treatment.

5. Exterior building materials shall be high quality materials, including, but not limited to, brick, sandstone, and other native stone, manufactured stone (realistic), wood, glass, decorative metal elements, and tinted/textured concrete masonry units, including stucco and synthetic stucco-type materials.

a. For projects in Northeast Bakersfield, building materials consisting of river rock, native stone, cobblestone, ledge stone, rough-sawn timbers, and logs, either as a single element or combination thereof, shall be used as the predominant theme throughout the project area.

6. Primary facade colors shall be low reflectance, subtle colors over primary, bold or dramatic colors. The use of reflective metallic or fluorescent colors is discouraged. However, building trim and accent areas may feature brighter colors, including primary colors. Paint applied over brick, stone and concrete is prohibited.

a. For projects in Northeast Bakersfield, the predominant color palette shall consist of earth- and natural-toned colors that blend with the surrounding area. A variety of these colors is encouraged to allow individuality but maintain a cohesive sense of place for the entire center.

7. Finished exterior building materials shall not include smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels as a major component (more than fifty percent) of each façade or exterior wall.

a. For projects exceeding fifty thousand square feet of gross floor area, and/or five acres of net buildable area, at least two sides of the retail development shall feature customer entrances. The two required sides shall be those planned to have the highest level of public pedestrian activity. One of the sides shall be that which most directly faces a primary public or private street with pedestrian access. The other may face a second street with pedestrian access or the main parking lot area if there is no second street. All entrances shall be architecturally prominent and clearly visible from the abutting public street.

b. Public entrances must include architectural elements that emphasize the entry. Each retail development on a site shall have clearly defined, highly visible customer entrances featuring no less than three of the following:

i. Canopies or porticos;

ii. Overhangs;

iii. Recesses/projections;

iv. Arcades;

v. Raised corniced parapets over the door;

vi. Peaked roof forms or towers;

vii. Arches;

viii. Plazas or outdoor patios;

ix. Display windows;

x. Fountains or other water features;

xi. Architectural details such as tile work and moldings that are integrated into the building structure and design;

xii. Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

c. Weather protection elements shall be provided at all public entrances.

Building Entrances
(example of a development with customer entrances on all sides that face a public street)

1. Where minimum parking requirements are fifty or more spaces, no more than sixty percent of the off-street parking area for the entire area of land devoted to the retail development shall be located between the front facade of the retail development and the abutting streets unless the parking lots are screened from view by other freestanding pad buildings, or landscaping with trees and incorporating berms, retaining walls, hedges, or combination thereof at least four feet high, plazas, water elements, or other such features that diminish the visual impression of a mass parking lot from the public rights-of-way. Option 2 shall include the planting of shrubs between the wall and the sidewalk.

2. Where minimum parking requirements are fifty or more spaces, parking lots shall be divided into sections of two hundred spaces or less with internal pedestrian walkways, buildings or landscaped open areas. Pedestrian ways shall be subject to the provisions of subsection E of this section.

3. Areas for bicycle parking shall be provided throughout the center and shall not interfere with pedestrian walkways when required by building code.

4. If shopping carts are to be provided, cart corrals shall be installed and generally distributed across parking area.

1. For projects exceeding fifty thousand square feet of gross floor area, and/or five acres of net buildable area, meandering sidewalks at least six feet in width shall be provided along all sides of the retail development that abuts a local public street, and meandering sidewalks at least eight feet in width shall be provided along all sides of the retail development that abuts a collector or arterial public street.

2. For projects exceeding fifty thousand square feet of gross floor area, and/or five acres of net buildable area, continuous internal pedestrian walkways, no less than six feet in width, shall be provided from a public sidewalk or right-of-way to the principal customer entrances of all retail developments on the site, including all freestanding pad buildings. Pedestrian walkways shall link all buildings in the development. At a minimum, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers or other such materials for no less than fifty percent of the length of the walkway. Use of decorative arbors, freestanding arcades or other weather protection structures is permitted.

3. Sidewalks, no less than six feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Such sidewalks shall be located at least six feet from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade.

4. All internal pedestrian walkways shall be clearly distinguished from driving surfaces using durable, low maintenance surface materials such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways.

5. Parked vehicles shall not overhang into any pedestrian walkways.

6. Pedestrian access to adjacent residential neighborhoods shall be provided where local streets abut the project. This access shall connect directly to focal points in the project such as, but not limited to, community/public spaces, main building or store entries, or transit stops without traversing through loading areas, buildings rears, etc. These pedestrian walkways shall be clearly distinguished from driving surfaces using durable, low maintenance surface materials such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways.

H. Central Features and Community Space. For projects exceeding twenty thousand square feet of gross floor area, and/or two and one-half acres of net buildable area, each retail establishment subject to the standards in this section shall contribute to the establishment or enhancement of community and public spaces by providing at least two of the following:

1. Pedestrian plaza or patio with seating;

2. Transportation/transit center;

3. Covered window shopping walkway along at least seventy-five percent of primary building;

4. Outdoor playground area;

5. Water feature;

6. Clock tower;

7. Any other such deliberately shaped area and/or focal feature or amenity that enhances the community and public spaces of the center.

Any such areas shall have direct access to the public sidewalk network and such features shall not be constructed of materials that are inferior to the principal materials of the building and landscape.

1. No delivery, loading, trash removal or compaction, or other such operations shall be within thirty feet of any properties zoned or developed with residential uses.

2. In addition to compliance with the noise level performance standards table in the noise element of the Metropolitan General Plan for exterior daytime/nighttime exterior noise levels, other than trash removal by the city or its contractors, all loading, unloading, delivery, private refuse collection and related operations shall not be permitted between the hours of ten p.m. and seven a.m. adjacent to any land zoned or developed with residential uses. These activities may occur if the developer submits evidence to the city that sound mitigation will reduce the noise generated by such operations to less than three dBA above the measured background noise level at the same period for any three continuous minutes in any hour during the operation as measured at the property line adjacent to said residential lands. Evidence of compliance must include background data (without the subject equipment operating) at said property line for the subject period, modeling results or test data from the proposed equipment, or noise data gathered from a similar location if approved by the city.

3. Loading docks shall include separate walls for noise attenuation adjacent to residential areas and be screened with landscaping (evergreen trees twenty feet on center) so the loading docks are not visible from residential areas or public streets.

4. Trash pickup areas shall not be visible from public streets unless the enclosure areas are architecturally designed matching the design of the center.

1. Storage of materials and merchandise is prohibited unless screened in accordance with this title, including use of landscaping. Vending equipment and shopping cart storage areas must be screened from public view and not impede pedestrian ways.

2. Seasonal sales of merchandise shall not be permitted in any required parking area but shall be within a screened area dedicated for such use.

3. Truck trailers shall not remain on the site for more than forty-eight hours (loading and unloading only). Truck or trailer storage, or use of trailers for product storage is prohibited.

4. Metal storage containers as defined in Section 17.04.464 and any other portable storage containers for permanent or temporary use, except for construction and/or remodeling purposes, are prohibited. (Ord. 5153 § 4, 2024; Ord. 5006 § 2, 2020; Ord. 4943 § 1, 2018; Ord. 4617 §§ 1, 2, 2010; Ord. 4603 §§ 1, 2, 2009; Ord. 4427 § 3, 2007)

17.08.150 Special dwelling setbacks.

A. No dwelling or any part thereof shall be placed or constructed within fifty feet of any lot which adjoins property zoned agricultural or residential suburban, unless the property upon which the dwelling is placed or constructed is itself within one of the said zones.

B. No dwelling or any part thereof shall be placed or constructed within thirty feet of any freeway or railroad right-of-way,

C. The provisions in subsections A. and B. of this section shall not apply to accessory buildings; setbacks of said accessory buildings shall be subject to Section 17.08.130. (Ord. 3520 § 2, 1993; prior code § 7.52.145)

17.08.160 Through lots—Designation of front lot line.

On through lots, the front lot line shall be designated by the planning director. In such cases, the minimum rear yard shall be the average of the yards on lots next adjoining. If such lots next adjoining are undeveloped, the minimum rear yard shall conform to the front yard setback for the zone in which the property is located. (Ord. 2696 § 4, 1982; prior code § 17.52.150)

17.08.170 Yard encroachments.

Where yards are required in this title, they shall be not less in depth or width than the minimum dimension specified for any part, and they shall be at every point open and unobstructed from the ground upward, except as follows:

A. Cornices, canopies, carports, eaves, patio or porch covers, or other similar architectural features not providing additional floor or interior space within the building may extend into a required side yard not to exceed two feet or rear yard not to exceed three feet. This encroachment may include structural supports to the ground, however, the open area of the longest wall and one additional wall of a carport, patio, porch or similar enclosure shall be equal to at least sixty-five percent of the area of each wall. Openings may only be enclosed with insect screening or similar material that allows unrestricted outside air circulation.

B. Open unenclosed, uncovered porches, platforms or landing places which do not extend above the level of the first floor of the building, with the exception of guard rails as may be required by the building director, may extend into any front, side or rear yard not more than six feet.

C. Detached accessory buildings may occupy side and rear yards as provided in Section 17.08.130.

D. Carports, patios, porches, or similar enclosures that provide covered space constructed before January 1, 1988, shall be deemed legal nonconforming structures subject to the provisions of Chapter 17.68 of this code. The building director shall make the final determination as to the age of said structures. (Ord. 5153 § 4, 2024; Ord. 3826 § 1, 1998; Ord. 2817 § 1, 1983; Ord. 2696 § 5, 1982; prior code § 17.52.160)

17.08.175 Clear sight view.

C. Motor vehicle driver site distance at controlled intersections shall be maintained in accord with the following design standards:

Design speed (mph)	20	30	40	50	60
Minimum corner intersection sight distance (feet)	200	300	400	500	600

Corner sight distance measured from a point of the minor road at least fifteen feet from the edge of the major road pavement and measured from a height of eye of three and three-quarters feet on the minor road to a height of object of four and one-half feet on the major road. The location of the object to the left of the minor street is to be measured at twelve feet from the nearside edge of the major road with parking or six feet from the nearside edge of the major road without parking. The location of the object to the right of the minor road is to be measured at one-half the major street width plus three feet from the nearest edge of the major road. (Ord. 3169 § 1, 1988; Ord. 2883 § 1, 1983; Ord. 2696 § 6, 1982)

17.08.180 Fence, walls and hedges—Regulations.

A. In the R-1, R-2, R-3, R-4, R-5, R-6, MX-1, and MX-2 zones, no fence, wall or hedge located in the rear or side yards shall exceed a height of six feet unless a greater height is required by city or state regulations for noise attenuation or sight screening. On all through lots located in these zones in which the rear lot line abuts a state highway, major highway or secondary highway and is below the grade of the roadway, at the roadway grade, or less than ten feet above the roadway grade, a masonry wall as defined by Section 17.04.462 shall be provided.

B. In the R-1, R-2, R-3, R-4, R-5, R-6, MX-1, and MX-2 zones, no fence, wall or hedge located in the required front yard shall exceed a height of four feet, except in the following situations, in which such fence or wall may be higher but shall not exceed a height of six feet:

1. Where, as determined by the planning commission, a side yard is adjacent to an arterial or collector street and a higher wall is necessary to finish the required subdivision wall.

2. Where, as determined by the city council, planning commission, or planning director, a higher fence or wall is necessary for purpose of noise attenuation.

C. Reserved.

D. In the R-1, R-2, R-3, R-4, R-5, R-6, MX-1, and MX-2 zones no barbed or electrified wire shall be used or maintained in or about the construction of a fence, wall or hedge along the front, side or rear lines of any lot, or within three feet of said lines, and no sharp wire or points shall project at the top of any fence or wall less than six feet in height.

E. In the C-O, C-C, C-1, C-2, M-1 and M-2 zones no barbed or electrified wire shall be erected, installed, used or maintained or caused to be erected, installed, used or maintained on, in or about any fence, wall or hedge along the front, side or rear lines of any lot, nor shall any barbed wire be erected, installed, used or maintained or caused to be erected, installed, used or maintained, for fencing purposes, or as a barrier across or around any lot, or portion thereof, or around any building or structure upon or along any street, alley or public way, unless the lowest strand of barbed wire is installed not less than six feet three inches above the highest adjoining grade on either side of such fence; where barbed or electrified wire is erected, installed, used or maintained in accordance with this subsection, it shall not extend over or into any abutting property or public right-of-way and shall, in all cases, either extend in toward the owner’s side of such fence or directly vertical, subject to approval by the building director.

F. In the A zone barbed or electrified wire for agricultural fencing purposes shall be permitted to be erected, installed, used or maintained at locations at least one thousand three hundred feet from any residential area as defined in Section 17.32.020, and not otherwise, subject to approval by the building director.

G. Fences constructed prior to September 1, 1983, intended to act as protective enclosures and to make canals inaccessible to small children, are exempted from the restrictions of subsections D, E and F of this section. (Ord. 5153 § 4, 2024; Ord. 5020 § 18, 2020; Ord. 4781 § 1, 2014; Ord. 3824 § 3, 1998; Ord. 3610 § 2, 1994; Ord. 3021 § 3, 1986; Ord. 2696 § 7, 1982; prior code § 17.52.170)

17.08.190 Conditional zoning.

A. Definitions. “Conditional zoning” means an amendment of the zoning ordinance, concerning a specific parcel or parcels of property, which is enacted only after the owner of such real property has met specified conditions or, where appropriate, has entered into a contract with the city agreeing to satisfy specified conditions, performance of which is secured by surety bond.

B. Conditions. Requirements which may be made a condition of an amendment to the zoning ordinance as provided in subsection A of this section include, but are not limited to, the dedication of rights-of-way and easements, the waiver of direct access rights of any street abutting the property to be rezoned and construction of reasonable improvements. Such conditions shall relate to problems arising or potentially arising from the property if rezoned and used in accordance with the new zoning, such as vehicular or pedestrian traffic, police and fire services, grading or topography, access, drainage, water supply, sewers, utilities and/or proposed physical development affecting nearby properties. The conditions imposed shall fulfill public needs reasonably expected to result from the allowable uses and/or development of the property and/or avoid circumstances adverse to the public health, safety, convenience or welfare.

C. Procedure. In considering a proposed zone change pursuant to Section 17.64.110 of this code, the planning commission may, by resolution, conditionally approve the proposed zone change and recommend enactment of an ordinance effectuating such change subject to satisfaction of specified conditions and, where appropriate, the contractual commitment of the property owner to satisfy the specified conditions within a specified period of time and a surety bond guaranteeing performance of such contract. The owner of the property to be rezoned shall, within ten days after adoption by the planning commission of such resolution, either:

1. Commence preparation of a contract agreeing to the conditions specified in such resolution, conditioned upon city council enactment of an ordinance effectuating the zone change, and provide the planning director with a surety bond in the amount of one hundred percent of the total estimated cost of any improvements required by the specified conditions as estimated by the public works director;

2. Have satisfied the specified conditions; or

3. Appeal to the city council the recommendation of the planning commission imposing such conditions pursuant to Section 17.64.090 of this code. Failure of the owner to take any of the three actions specified above shall constitute withdrawal of the application for rezoning of his or her property. (Ord. 3964 §§ 6, 7, 2000; Ord. 2696 § 8, 1982; prior code § 17.52.200)

17.08.200 Drilling for and production of petroleum.

Drilling, operation or maintenance of any well or well site for petroleum, natural gas or related drilling, or operation or maintenance of any production operation, are allowed in the city pursuant to the requirements of Chapter 15.66 of this code. (Ord. 3477 § 2, 1992; prior code § 17.52.250(A))

17.08.210 Approval of development entitlement conditioned on indemnification of city.

The applicant and/or property owner and/or subdivider of any development entitlement, including, but not limited to, a zone change, general plan amendment, conditional use permit, modification or site plan review, shall indemnify, defend, and hold harmless the city of Bakersfield, its officers, agents, employees, departments, commissioners, and boards against any and all liability of any kind arising from the terms and provisions of the development entitlement application, including, without limitation, any California Environmental Quality Act (CEQA) approval or any related development approvals or conditions. Terms of the agreement shall be subject to approval by the city attorney. (Ord. 4909 § 1, 2017; Ord. 4711 § 1, 2012; Ord. 4676 § 3, 2012)