The purpose of this chapter is to establish reasonable and necessary development standards for single-family, multifamily, commercial, industrial, institutional and other similar uses to ensure that development subject to this chapter includes appropriate public improvements and is compatible with surrounding uses. The development standards specified in this chapter shall apply to all multifamily development in the Medium-density Residential (R-2), High-density Residential (R-3), and all development in the Commercial Office (CO), Neighborhood Commercial (C-1), General Commercial (C-2), Highway Commercial (CH), Light Industrial (M-1), Medium Industrial (M-2) and Heavy Industrial (M-3) districts, except as provided in this chapter, and shall apply to those uses in the Exclusive Agriculture (A) and Natural Resource (NR) districts as required by those chapters. The in-fill development of single-family dwellings on individual lots shall also require necessary road dedications and improvements as provided for in this chapter.

(Ord. G-6864 § 57, 2002: Ord. G-6077 § 252, 1994: Prior code § 7215.01)

A.

Single-family dwellings on individual lots located within an E, R-1, R-2, and R-3 district which have an area of one-half (½) acre or less, and are also located within a type "A" improvement area (see Appendix), necessary road dedications shall be provided as specified in subsection 19.08.020.A when a new single-family dwelling is constructed. In such instances, road improvements, including curb, gutter, and sidewalk, shall be installed as required by the Kern County Roads Department under an approved encroachment permit where fifty percent (50%) or more of similarly zoned lots on the same side of the street within a one (1) block radius or one thousand (1,000) feet, whichever is less, have been improved with type "A" road improvements.

B.

All new single-family dwellings located within the Indian Wells Valley Land Use Management Plan area (as defined by Section 19.08.015 of this title) after its adoption shall be subject to the following landscaping standards:

1.

Landscaping shall be provided in accordance with the requirements of Chapter 19.86 of this title, California Code of Regulations, Title 23, Division 2, Chapter 2.7 Model Water Efficient Landscape Ordinance and Kern County Code of Building Regulations (Title 17).

C.

Outside of the Indian Wells Valley Land Use Management Plan area (as defined by Section 19.08.015 of this title), all new single-family dwellings shall be subject to the following landscaping standards:

1.

Landscaping shall be provided in accordance with the requirements of Chapter 19.86 of this title, California Code of Regulations, Title 23, Division 2, Chapter 2.7 Model Water Efficient Landscape Ordinance and Kern County Code of Building Regulations (Title 17).

(Ord. No. G-8558, § 4, 5-19-15; Ord. No. G-8656, §§ 7, 8, 7-26-16)

All multifamily residential development in the R-2 and R-3 districts shall comply with the following standards:

A.

Street and road dedications shall be made to the county, in a manner prescribed by the Kern County engineering and survey services department and the Kern County roads department, for all existing or proposed local, secondary, and major highways. The required dedication shall be thirty (30) feet from the centerline of a local street, forty-five (45) feet from the centerline of a secondary (collector) highway, and fifty-five (55) feet from the centerline of a major (arterial) highway, or as required by any adopted official or specific plan line. In cases where a street is on the boundary of a development, a minimum dedication of forty (40) feet shall be made.

B.

All developments within Type A improvement areas (see Appendix) shall provide road or street improvements to Type A subdivision standards. Developments in all other areas shall provide road or street improvements to Type B subdivision standards, unless Type A subdivision standards are required by any adopted specific plan in which the development is proposed, in which case Type A improvements shall be required. Street improvements shall include base and pavement tie to existing pavement. Existing pavement shall be saw cut at match point. If the project site abuts a state highway, road improvements shall be provided as required by the California Department of Transportation. In addition, all multifamily developments involving five (5) or more units and located within Type A or B improvement areas shall include exterior fencing, with materials as approved by the planning director.

C.

Obstructions within street rights-of-way shall be removed as specified by the Kern County land division ordinance.

D.

All access drives, parking areas, and vehicle maneuvering areas shall be surfaced with a minimum of two (2) inches of asphaltic concrete paving or material of higher quality. Parking spaces and freight loading spaces shall be provided as provided for in Chapter 19.82 of this title.

E.

From the drop point of any overhead power pole on the periphery of the site, all new on-site utility services shall be placed underground.

F.

A plan for the disposal of drainage water originating on-site and from adjacent road rights-of-way shall be approved by the Kern County department of engineering and survey services, if required. Easements or grant deeds shall be given to the county of Kern for drainage purposes or access thereto, as necessary.

G.

The method of water supply and sewage disposal shall be as required and approved by the Kern County environmental health services department.

H.

Fire flows, fire protection facilities, and access ways shall be as required and approved by the Kern County fire department.

I.

When more than three (3) dwelling units will be constructed adjacent to property zoned E (1), E (1/2), E (1/4), or R-1, a six (6) foot high solid masonry wall shall be constructed between the proposed development and the adjacent property. Trees with a mature height of at least ten (10) feet shall be planted along the entire length of the masonry wall, spaced at a distance to provide noise attenuation, at the interior side and rear-yard property line adjacent to residentially zoned property as described in this section, and shall meet the requirements of Section 19.86.030 of this title. The wall height shall be reduced to four (4) feet within the required front-yard setback area and no landscaping shall be required that extends above the masonry wall. All landscaping shall be in compliance with the Solar Shade Control Act.

J.

When construction in excess of one (1) story is proposed adjacent to property zoned for single-family residential use, all windows above the first story and within seventy-five (75) feet of the adjacent property zoned for single-family residential use shall contain glass that is opaque or translucent or shall be screened in a manner as approved by the planning director. No balconies shall be permitted within this seventy-five (75) foot area. For all multi-family developments with twenty (20) or more dwelling units which abut property zoned for single-family residential use, all buildings containing dwellings located within sixty-five (65) feet of an interior side or rear property line that abuts single-family zoned property, shall be limited to a height of one (1) story.

K.

All exterior lighting shall be equipped with glare shields or baffles and shall be directed away from adjacent properties and roads. Except for parking garages, all light poles, standards, and fixtures, including bases and pedestals, shall be a minimum of fifteen (15) feet but shall not exceed forty (40) feet in height above grade. Lighting within areas containing the H (Airport Approach) combining district, or otherwise located within one-half (½) mile of any public airport or public use airstrip, shall additionally be developed and maintained as required by Section 19.76.125 of this title. Light fixtures shall be maintained in sound operating conditions at all times.

L.

Trash pick up shall occur a minimum of once each week. All trash and recyclables receptacles shall be enclosed within a six (6) foot, three-sided masonry enclosure with securable iron gate and shall be installed on an impervious surface at a location that is outside the required front yard setback and convenient for refuse haulers and which does not interfere with on- or off-site parking or circulation. For all multi-unit developments consisting of five (5) or more dwelling units, adequate space shall be provided for the collection and loading of recyclable materials.

M.

Landscaping shall be provided in accordance with the requirements of Chapter 19.86 of this title, California Code of Regulations, Title 23, Division 2, Chapter 2.7 Model Water Efficient Landscape Ordinance and Kern County Code of Building Regulations (Title 17).

N.

For all multifamily developments with five (5) or more dwelling units, a minimum of five (5) percent of the net lot area shall be developed and maintained as common usable open space. This requirement may be reduced to two and one-half (2½) percent when recreational center buildings, improved play lots, swimming pools, and/or on-site child-care facilities will also be provided. The required common usable open space area may be divided into more than one (1) location, provided that no single location shall contain less than four hundred (400) square feet. No buildings or structures shall occupy areas designated for common usable open space except buildings or structures designed exclusively for recreational purposes as determined by the planning director. Parking areas and drainage sumps deeper than ten (10) inches shall not be utilized as common usable open space.

O.

For all multifamily developments with twenty (20) or more dwelling units, on-site laundry facilities shall be provided at a minimum ratio of one (1) washer and dryer for each twenty (20) dwellings units.

P.

For all multifamily developments with twenty (20) or more dwelling units, a minimum of one-half (½) of the required number of on-site parking spaces shall be covered.

Q.

For all multifamily developments containing five (5) or more dwelling units, bicycle racks or storage lockers shall be provided at a minimum ratio of one space for every three (3) dwelling units. Ground level dwelling units containing private patios may be excluded from this requirement.

R.

The planning director may waive any of the above-listed requirements where a documented hardship, not involving economics, exists or where there are unusual circumstances that prevent compliance with any of the required development standards. Additionally, street improvements and construction of curb, gutter and sidewalks will not be required for individual or cumulative additions constituting less than fifty percent (50%) expansion of development existing on the effective date of this chapter.

S.

Off-street parking shall be provided in accordance with the requirements of Chapter 19.82 of this title.

T.

Signs may be provided as specified by the applicable zoning district regulations and Chapter 19.84 of this title.

U.

During all on-site grading and construction activities, adequate measures shall be implemented to control fugitive dust.

(Ord. G-7482 § 96, 2007: Ord. G-6077 §§ 253, 254, 1994; Ord. G-5966 § 121, 1993: Ord. G-5885 § 130, 1993; Ord. G-5346 § 83, 1990; Ord. G-4993 § 51, 1989; Ord. G-4832 §§ 160, 161, 1988; prior code § 7215.02(A))

(Ord. No. G-7821, § 62, 1-27-09; Ord. No. G-8656, § 9, 7-26-16; Ord. No. G-9183, § 3, 12-6-22)

All development in the CO, C-1, C-2, CH, M-1, M-2, and M-3 districts, and, where specified, in the A and NR districts, shall comply with the following standards:

A.

Street and road dedications shall be made to the county, in a manner prescribed by the Kern County engineering and survey services department and the Kern County roads department, for all existing or proposed local, secondary, and major highways. The required dedication shall be thirty (30) feet from the centerline of a local street, forty-five (45) feet from the centerline of a secondary (collector) highway, and fifty-five (55) feet from the centerline of a major (arterial) highway, or as required by any adopted official or specific plan line. In cases where a street is on the boundary of a development, a minimum dedication of forty (40) feet shall be made.

B.

All developments within Type A improvement areas (see Appendix) shall provide road or street improvements to Type A subdivision standards. Developments in all other areas shall provide road or street improvements to Type B subdivision standards, unless Type A subdivision standards are required by any adopted specific plan in which the development is proposed, in which case Type A improvements shall be required. Street improvements shall include base and pavement tie to existing pavement. Existing pavement shall be saw cut at match point. If the project abuts a state highway, road improvements shall be provided as required by the California Department of Transportation. Any project which generates twenty-five (25) or more heavy truck trips per day shall require submittal of a traffic study/analysis to the Kern County Roads Department, for review and approval. The study/analysis shall identify the heavy truck annual average daily trips (ADT) generated by the proposed development on county-maintained roads for the purposes of determining the adequacy of the existing structural capacity of the project's related roadways and may require the developer to provide an additional asphalt concrete overlay on roads as determined in consultation with the Kern County Roads Department prior to commencement of operation.

C.

Obstructions within street rights-of-way shall be removed as specified by the Kern County land division ordinance.

D.

All access drives, parking areas, and vehicle maneuvering areas shall be surfaced with a minimum of two (2) inches asphaltic concrete paving constructed over a minimum of three (3) inches of compacted base material or material of higher quality. Where the project site does not have direct access to a county-maintained road, a paved access drive shall connect to the closest county-maintained road, and a paved tie-in shall be provided under encroachment permit from the Kern County roads department. The paved access drive shall be continuously maintained in good condition.

E.

From the drop point of any overhead power pole on the periphery of the site, all new on-site utility services shall be placed underground.

F.

A plan for the disposal of drainage waters originating on-site and from adjacent road rights-of-way shall be approved by the Kern County department of engineering and survey services, if required. Easements or grant deeds shall be given to the county of Kern for drainage purposes or access thereto, as necessary.

G.

The method of water supply and sewage disposal shall be as required and approved by the Kern County environmental health services department.

H.

Fire flows, fire protection facilities, and access ways and safety setbacks shall be as required and approved by the Kern County fire department.

I.

When adjacent to property zoned for single-family or multifamily residential purposes, a six (6) foot high solid masonry wall shall be constructed between the proposed development and the adjacent property. The wall height shall be reduced to four (4) feet within the required front-yard setback area.

J.

All exterior lighting shall be directed away from adjacent properties and roads. When lighting will be visible from a residential district or adjacent public roads, the lighting standards shall be equipped with glare shields or baffles and shall not exceed forty (40) feet in height above grade. Lighting within areas containing the H (airport approach height combining) district, or otherwise located within one-half (½) mile of any public airport or public use airstrip, shall additionally be developed and maintained as required by subsection (A) of Section 19.76.125 of this title. Light fixtures shall be maintained in sound operating condition at all times.

K.

Trash pick up shall occur a minimum of once each week. All trash and recyclables receptacles shall be enclosed within a six (6) foot, three-sided masonry enclosure with securable iron gate and shall be installed on an impervious surface at a location that is outside the required front yard setback and convenient for refuse haulers and which does not interfere with on- or off-site parking or circulation. For all commercial and industrial uses with five (5) or more employees, adequate space shall be provided for the collection and loading of recyclable materials.

L.

For industrial developments utilizing outside storage, the areas devoted to outside storage shall be treated with a dust binder or other dust control measure, as approved by the planning director. Screening, if required by the base district regulations, shall also be provided.

M.

Landscaping shall be provided in accordance with the requirements of Chapter 19.86 of this title California Code of Regulations, Title 23, Division 2, Chapter 2.7 Model Water Efficient Landscape Ordinance and Kern County Code of Building Regulations (Title 17).

N.

For all new development in commercial and the M-1 zone districts, roof-mounted mechanical, refrigeration or heating equipment shall be concealed by full or partial enclosures that employ the same building materials as used in the facade and/or roof design so that the equipment is not visible from any off-site location. When located on the ground adjacent to a building, mechanical, refrigeration or heating equipment shall be screened by landscaping, solid masonry wall or solid fencing, or combination thereof, from abutting public streets and all adjacent properties developed with residential or commercial uses.

O.

The planning director may waive any of the above-listed requirements where a documented hardship, not involving economics, exists or where there are unusual circumstances that prevent compliance with any of the required development standards. Additionally, street improvements and construction of curb, gutter, and sidewalks shall not be required for individual or cumulative additions constituting less than fifty percent (50%) expansion of development existing on the effective date of this chapter.

P.

Off-street parking and loading areas shall be provided in accordance with the requirements of Chapter 19.82 of this title.

Q.

Signs may be provided as specified by the applicable zoning district regulations and Chapter 19.84 of this title.

R.

During all on-site grading and construction activities, adequate measures shall be implemented to control fugitive dust.

S.

All non-mobile sources of noise produced by commercial and industrial uses, except for those located within the M-3 district, and located within five hundred (500) feet of property developed residentially and zoned for residential use (E, R-1, R-2 and R-3) shall comply with the following exterior noise standards:

1.

The use shall not generate noise that exceeds an average sixty-five (65) dB Ldn (twenty-four (24) hour median) between the hours of seven (7:00) a.m. and ten (10:00) p.m. and shall not generate noise that exceeds 65 dB, or which would result in an increase of five (5) dB or more from ambient sound levels, whichever is greater, between the hours of ten (10:00) p.m. and seven (7:00) a.m.

2.

Noise level measurements shall be taken at the exterior of the closest residential dwelling within the boundary of the affected residential district(s) with a sound level meter using the A-weighted network (scale) and, where practical, the microphone shall be positioned five (5) feet above the ground and away from reflective surfaces. Public complaints alleging violation of this standard may be required to submit documentation of actual noise level measurements. The planning director, in consultation with the Kern County department of environmental health services, may authorize deviations or exceptions to the standards contained in this subsection and may require noise attenuation measures in conjunction with such authorization.

T.

When accessory to a permitted use, the storage of flammable and combustible liquids not otherwise regulated by this title shall be subject to the following:

1.

The maximum quantity of flammable or combustible liquids stored in above-ground tanks associated with any particular business shall be twelve thousand (12,000) gallons per tank and an aggregate maximum of forty-eight thousand (48,000) gallons, unless the Kern County fire marshal approves a deviation to allow additional storage capacity.

2.

The maximum quantity of flammable or combustible liquids stored in above-ground vaults or underground tanks or vaults shall be fifteen thousand (15,000) gallons per vault or underground tank associated with any particular business and an aggregate maximum of forty-eight (48,000) gallons, unless the Kern County fire marshal approves a deviation to allow additional storage capacity.

3.

Above-ground storage structures designed for the storage of six thousand (6,000) gallons or less of any flammable or combustible liquid shall be setback a minimum distance of fifteen (15) feet from any property line and from any dwelling unit, except where the California Fire Code or the Kern County fire marshal specifically authorizes a deviation from this setback requirement. Above-ground storage structures designed for the storage of more than six thousand (6,000) gallons of any flammable or combustible liquid shall be setback a minimum distance of twenty-five (25) feet from any property line and from any dwelling unit, except where the California Fire Code or the Kern County fire marshal specifically authorizes a deviation from this setback requirement.

4.

All above-ground storage shall be within types of containers approved for that use by the Kern County fire marshal.

5.

In instances where the Kern County fire marshal approves deviations from the requirements of this section, conditions may be imposed that are deemed necessary by the fire marshal to safeguard public health and safety. Any such deviation shall be authorized in writing.

6.

Businesses located within the H (airport approach height combining) district shall be subject to the additional fuel storage restrictions set forth in subsection (D) of Section 19.76.125 of this title.

U.

Permitted uses that include the placement of any solid or liquid material directly on the ground which has the potential to leach into the ground and adversely impact groundwater, shall consult with, and be subject to review and approval by, the regional water quality control board or, alternatively, the Kern County environmental health services department.

V.

Prior to the issuance of grading and building permits, the owner/operators of permitted uses that involve equipment or activities that store, use or generate hydrocarbons, particulate matter, toxic chemicals, nuisance odors or other air contaminants subject to air pollution control requirements, shall consult with, and be subject to the requirements of, the applicable air pollution control district. If requested by the applicable air pollution control district, the building official may withhold final inspection or issuance of a certificate of occupancy for any structure on property containing a business which is in noncompliance with the requirements of that district until such time as the deficiencies are corrected.

W.

Any business which stores hazardous or toxic chemicals as a normal part of its business shall file a business plan with the Kern County environmental health services department.

(Ord. G-7482 § 97, 2007: Ord. G-6864 § 58, 2002; Ord. G-6077 §§ 256—258, 1994; Ord. G-5966 § 122, 1993: Ord. G-5885 § 132, 1993; Ord. G-5346 § 85, 1990; Ord. G-4993 § 52, 1989; Ord. G-4832 §§ 162, 163, 1988; prior code § 7215.02(B))

(Ord. No. G-7821, § 63, 1-27-09; Ord. No. G-8226, §§ 82, 83, 11-8-11; Ord. No. G-8656, § 10, 7-26-16)

Except for one (1) single-family residential dwelling on a single lot, or as otherwise 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 a plot plan review has been submitted to and approved by the planning director in accordance with the procedures set out in Sections 19.102.040 through 19.102.060. A plot plan review shall not be required for building additions 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 plot plan review shall not be required for changing one (1) permitted use to another permitted use where no building permits are required.

(Ord. G-6077 § 260, 1994: Ord. G-5966 § 123, 1993: Prior code § 7215.03 (part))

(Ord. No. G-8558, § 5, 5-19-15)

Plot plan review shall include the following:

A.

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

1.

Topography and proposed grading,

2.

Location of all existing buildings and structures,

3.

Location of all proposed buildings and structures,

4.

Proposed vehicular circulation and parking areas,

5.

Distance from property lines to the centerline of adjacent streets,

6.

Required road improvements,

7.

Proposed landscaping,

8.

North arrow,

9.

Phasing or development schedule;

B.

Elevations of proposed buildings and structures (multifamily residential projects only);

C.

A note on the plot 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.

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-5966 § 124, 1993: Ord. G-4832 § 164, 1988; Prior code § 7215.03(A))

Within the Eastern Kern Desert Region, as defined by the County General Plan, all development which results in surface disturbance as a result of any use, or extension of the use, of land as regulated by this title, shall continually employ best management practices to minimize soil erosion by onsite activities, rainfall, flowing water, or wind so as not to result in a nuisance or contribute thereto.

(G-6864 § 60 (part), 2002)

(Ord. No. G-8558, § 6, 5-19-15)

The plot plan required by this chapter shall be reviewed and approved in accordance with procedures set out in Sections 19.102.040 through 19.102.060 of this title. Where grading or building permits are required, the plot plan shall be reviewed concurrently with the processing of the required permits. No plot plan review shall be required where a use is allowed subject to securing a conditional use permit or precise development plan. Any plot plan approved pursuant to this chapter shall expire one (1) year after the date of approval, except where building permits have been issued for construction authorized under the approved plot plan, in which case the approved plot plan shall expire after the construction has been completed or on the date building permits are canceled.

(Ord. G-6864 § 60 (part), 2002: Ord. G-5966 § 125, 1993: Ord. G-5684 § 80, 1991: Ord. G-4832 § 165, 1988; Prior code § 7215.03(B))

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

(G-6864 § 60 (part), 2002: Ord. G-5966 § 126, 1993: Prior code § 7215.03(C))