The purpose of the Kern River Corridor (KRC) Combining District is to implement the policy objectives of the Kern River Plan Element of the Metropolitan Bakersfield General Plan. These policy objectives include the preservation of riparian habitat and open space values, the preservation and maintenance of the Kern River floodway, and to provide for public access to and the enjoyment of the Kern River Corridor. The Kern River Plan and this chapter provide for a range of resource, residential, and limited commercial and industrial uses that are unobtrusive and environmentally compatible with the Kern River Corridor. The KRC district may be combined with any base district. The regulations established by the KRC district shall be in addition to the regulations of the base district with which the KRC district is combined.

For the purposes of this chapter, "development" shall be defined as follows:

"Development" means any action taken requiring a permit or application to seek amendment or authorization under provisions of any grading, zoning, parcel map, or final map subdivision ordinance. "Development" means actions, such as grading permit approval, zoning change, conditional use permit, modification, variance, tentative parcel map approval, and tentative subdivision map approval. "Development" means converting an existing legal land use entitlement to another specific purpose by altering the intended density, intensity, or use of an existing authorized entitlement.

(Ord. G-7012 § 48, 2003; Ord. G-6968 § 54 (part), 2003)

(Ord. No. G-8226, § 80, 11-8-11)

Permitted uses in a KRC district are those uses permitted by the base district with which the KRC district is combined.

(Ord. G-6968 § 54 (part), 2003)

Uses permitted with a conditional use permit in a KRC district are those conditional uses permitted by the base district with which the KRC district is combined.

(Ord. G-6968 § 54 (part), 2003)

Uses prohibited by the base district with which the KRC district is combined and all other uses not expressly authorized by this title.

(Ord. G-6968 § 54 (part), 2003)

Minimum lot size requirements in a KRC district are per the requirements with which the KRC district is combined.

(Ord. G-6968 § 54 (part), 2003)

A.

All new development, excluding water wells, boat docks, and water diversion structures, where permitted, shall maintain a minimum setback of ninety (90) feet from the designated floodway line, as shown by the boundary of the FPP district on the applicable zoning map or as otherwise determined by the floodplain management section of the Kern County Engineering and Survey Services Department. Alternatively, the required setback shall be measured from the designated floodway line at a distance of sixty percent (60%) of the distance between the designated floodway line and the point of the lot farthest from that line.

B.

Except as otherwise required by this section, yards and setback requirements are per the requirements of the base district with which the KRC district is combined.

(Ord. G-6968 § 54 (part), 2003)

Height limits in a KRC district are as follows:

A.

Buildings and structures shall not exceed a height of three (3) stories or thirty-five (35) feet within a distance of two hundred (200) feet from the designated floodway line, as shown by the boundary of the FPP district on the applicable zoning map or as otherwise determined by the Kern County Engineering, Surveying, and Permit Services Department.

B.

Except as otherwise required by this section, building and structure heights shall conform to the height limits of the base district with which the KRC district is combined.

(Ord. G-6968 § 54 (part), 2003)

(Ord. No. G-8226, § 81, 11-8-11)

A.

Signs are permitted in the KRC district in accordance with the provisions of Chapter 19.84 of this title and as permitted by the base district with which the KRC district is combined, except as follows:

1.

Pole signs, where permitted by the base district, shall not exceed a height of twenty-four (24) feet.

2.

Off-site advertising signs shall be prohibited.

(Ord. G-6968 § 54 (part), 2003)

Landscaping shall be provided as specified in Section 19.73.120 and, except as otherwise required by this chapter, shall be installed in accordance with the requirements of Chapter 19.86. New plants, shrubs, and trees proposed in conjunction with required landscaping plans shall be chosen from a list of approved plant species. The planning department shall provide the approved plant species list to all applicants for development projects within the KRC district.

(Ord. G-6968 § 54 (part), 2003)

Except as provided in this section, no permitted use shall be established, no permitted development shall occur, and no building permit or grading permit shall be issued for any permitted use or development subject to this chapter until an application for a development permit has been submitted to and approved by the planning director in accordance with the procedures set out in Sections 19.102 070 through 19.102.120 of this title. A development permit shall not be required for building additions and accessory structures which do not exceed a fifty percent (50%) increase of the gross square footage of building area located on the affected parcel unless the expansion will result in the creation of additional dwelling units. Additionally, a development permit shall not be required for changing one permitted use to another permitted use where no building permits are required or in instances where a conditional use permit or precise development plan is required, where the requirements of this chapter are incorporated into the approved development.

(Ord. G-6968 § 54 (part), 2003)

An application for a development permit review shall include the following:

A.

A site development plan drawn to scale, which includes the following information:

1.

Topography and proposed grading, including areas that will remain undisturbed;

2.

Location of all existing buildings and structures;

3.

Location of all proposed buildings and structures;

4.

Location of proposed septic tanks and leach fields, if applicable;

5.

Proposed vehicular circulation and parking areas;

6.

Distance from property lines to the centerline of adjacent streets;

7.

Distance from designated floodway line to structures and buildings;

8.

Required road improvements;

9.

Location of existing and proposed easements, including public access;

10.

 Proposed landscaping, including areas of native vegetation that will remain undisturbed;

11.

 North arrow;

12.

 Phasing or development schedule, if applicable.

B.

Elevations of proposed buildings and structures.

C.

A note on the site development plan describing facility improvements, including:

1.

Water supply system;

2

Sewage collection and disposal system;

3.

Public utilities;

4.

Fencing;

5.

Location of trash receptacles and method of screening, if required.

D.

Except for the construction of one (1) single-family dwelling, accessory dwellings units and dwellings authorized for temporary purposes where grading permits are not required, a biota report which evaluates potential impacts of the proposed development on existing flora and fauna shall be submitted for all development projects.

E.

An acoustical analysis shall be submitted for any commercial, industrial, active recreational, or resource recovery proposals which shall include recommendations to minimize noise impacts on surrounding single-family residential development, public recreational areas, public trails, and the Kern River.

F.

Any and all reports, approvals, or requirements which may be required by mitigation measures incorporated into an environmental document adopted for implementation of this district for specific parcels, including a plan for implementation of recommendations contained in such reports.

(Ord. G-6968 § 54 (part), 2003)

(Ord. No. G-8725, § 16, 7-11-17)

Development within the KRC district shall comply with the following minimum standards:

A.

A minimum of fifteen percent (15%) of the net lot area shall be landscaped in conjunction with all multifamily residential, commercial, industrial, active recreational, or institutional development proposals. Native vegetation may be utilized as part of the required landscaping. New plants, shrubs, and trees shall be chosen from a list on file with the planning department.

B.

All disturbed areas within the required setback, excluding roads, pedestrian paths and riding trails, shall be revegetated pursuant to Section 19.73.090, except where revegetation would conflict with the end use, as determined by the planning director.

C.

Where public trail alignments have been adopted by the Board of Supervisors, trails shall be dedicated and improved as required by any adopted trails plan.

D.

Easements for public access to and along the Kern River may be required for all residential tracts and may be required in conjunction with the approval of other land division proposals, multifamily residential, commercial, industrial, recreational, or institutional development proposals.

E.

Except for the construction of one (1) single-family dwelling, accessory dwellings units approved pursuant to Chapter 19.90 of this title and dwellings legally authorized for temporary purposes, residential development in areas designated 5.2, 5.3, 5.35, and 5.4 shall be by means of an approved cluster plan pursuant to Chapter 19.58 of this title. This requirement shall also apply to residential subdivision tracts but shall not apply to parcels created by parcel map.

F.

Within the required ninety(90) foot setback from the designated floodway, the removal of live native trees with a trunk diameter in excess of eight (8) inches, measured at a height of four (4) feet above grade, shall be prohibited, except as authorized by the written approval of the planning director.

G.

Except for the removal of dead or diseased vegetation, removal of native vegetation within the designated floodway shall be prohibited, except as authorized in writing by a responsible public agency with jurisdiction, including, but not limited to the city of Bakersfield, the county of Kern, the Department of Water Resources, the State Department of Fish and Game, and the U.S. Army Corps of Engineers. Nothing herein shall prohibit the removal of weeds or other vegetation determined to constitute a potential fire hazard by the Kern County Fire Department.

H.

Mining operations within the KRC district shall be limited to sand, gravel, and aggregate mining subject to the provisions of Chapter 19.100 of this title. An acoustical analysis shall accompany any application for surface mining permit approval. In conjunction with any such permit request, the long-term storage of equipment, structures, and stockpiles shall be prohibited within the primary floodplain and avoided, where feasible, within the secondary floodplain. The use of landscaped screening for active mining operations shall be strongly encouraged. Surface mining permits within the KRC district shall not provide for permanent mining entitlements and shall normally be limited to temporary entitlements of five (5) years or less.

I.

The construction or alteration of levees and the alteration of riverbanks, including stream bank protection measures, shall be prohibited, except as authorized in writing by the floodplain management section of the Kern County Engineering and Survey Services Department and any other public agency with jurisdiction.

J.

The introduction or placement of fill, boulders, or other material into the designated floodway that could impede or divert flows shall be prohibited, except as authorized in writing by a responsible public agency with jurisdiction.

K.

Natural topography, vegetation, and scenic features shall be retained to the greatest feasible extent, as determined by the planning director.

L.

All development shall be consistent with the objectives and policies contained within the adopted Kern River Plan Element.

(Ord. G-6968 § 54 (part), 2003)

(Ord. No. G-8725, § 17, 7-11-17)

If development approved in accordance with this chapter has not commenced within one (1) year of the approval, the approval shall become null and void and of no effect, unless an extension has been granted by the planning director upon written request for an extension before the expiration of the one (1) year period. This provision shall not apply to applications approved in conjunction with a precise development plan, in which case the expiration period shall coincide with that of the approved precise development plan.

(Ord. G-6968 § 54 (part), 2003)

The planning director may approve minor plan modifications to an approved site development plan in accordance with the procedures set out In Sections 19.102.040 through 19.102.060 of this title if the planning director determines that the modification(s)does not constitute a substantial change in the approved project.

(Ord. G-6968 § 54 (part), 2003)

Any permit issued pursuant to this chapter may be revoked or modified pursuant to Section 19.102.020 of this title.

(Ord. G-6968 § 54 (part), 2003)