Chapter 19.60 — RESIDENTIAL SUBURBAN (RS) COMBINING DISTRICT

The purpose of the Residential Suburban (RS) combining district is to expand the number and type of permitted domestic agricultural uses within rural residential areas. The RS combining district may be combined with the Estate (E) where the minimum lot size is one-half (½) net acre (twenty-one thousand seven hundred eighty (21,780) square feet) or larger. The RS combining district may also be combined with the Platted Lands (PL) district, provided, that each lot contains a minimum of one-half (½) net acre. The uses allowed and regulations established by the RS district shall be in addition to regulations of the base district with which the RS district is combined. The keeping of animals permitted by the RS district is an accessory use and shall not be established until a primary use is established.

(Ord. G-7482 § 85, 2007; Ord. G-4832 § 152, 1988: Ord. G-4459 § 2, 1987: prior code § 7135.01)

The following uses and others determined to be similar to these uses pursuant to Sections 19.08.030 through 19.08.080 of this title are permitted in an RS district:

A.

Breeding, raising and keeping of poultry, birds, rabbits, chinchillas, fish, frogs or bees for the domestic use of the resident/occupant of the lot; provided, however, there shall be no killing or dressing of such animals for commercial purposes;

B.

Keeping of cattle, sheep, goats, horses, donkeys, mules or hogs owned by the resident/occupant of the lot, provided any combination of such animals on any one (1) lot shall be limited to one (1) adult animal for every one-quarter (¼) acre, provided, however, there shall be no killing or dressing of such animals for

commercial purposes. One (1) adult animal may be kept on a lot with less than one-quarter (¼) acre, provided that all setback requirements are satisfied;

C.

Uses permitted by the base district with which the RS district is combined.

(Ord. G-7189 § 55, 2005: Ord. G-6864 § 52, 2002; Ord. G-6297 § 56, 1996: prior code § 7135.02)

19.60.030 - Uses permitted with a conditional use permit.

A.

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

B.

Bird breeding—Commercial.

C.

Equestrian establishments, as defined in Section 19.04.250.

(Ord. G-7482 § 86, 2007; prior code § 7135.03)

Prohibited uses in an RS district are those uses prohibited by the base district with which the RS district is combined.

(Prior code § 7135.04)

19.60.050 - Minimum lot size.

Minimum lot size requirements in an RS district are per the requirements of the base district with which the RS district is combined, provided no portion of any lot within the RS district shall contain less than one-half (½) net acre (twenty-one thousand seven hundred eighty (21,780) square feet) except, however, for lots which were zoned E RS and E-1 RS on the date of adoption of Ordinance G-4151, and which were as a result of the adoption thereof rezoned to E (¼).

(Ord. G-4459 § 3, 1987: prior code § 7135.05)

19.60.060 - Minimum lot area per dwelling unit.

Requirements for minimum lot area per dwelling unit in an RS district are per the requirements of the base district with which the RS district is combined.

(Prior code § 7135.06)

19.60.070 - Yards and setbacks.

Yard and setback requirements in an RS district are as follows:

A.

Pens, coops, stables, corrals and other structures and enclosures housing livestock or poultry, and the animals themselves, shall be at least thirty (30) feet away from any off-site residential building or other building used for human habitation and at least one hundred (100) feet away from any public park, school, hospital or similar institution.

B.

All other uses shall comply with the requirements of the base district with which the RS district is combined.

(Ord. G-6864 § 54, 2002: Ord. G-5966 § 113, 1993; Ord. G-4832 § 153, 1988; prior code § 7135.07)

19.60.080 - Height limits.

Height limit requirements in an RS district are per the requirements of the base district with which the RS district is combined.

(Prior code § 7135.08)

Requirements for minimum distance between structures in an RS district are as follows:

A.

There shall be a minimum distance of six (6) feet between a residential building and an accessory building or between accessory buildings, except as otherwise specified in Section 19.60.070 of this title.

B.

All other uses shall comply with the requirements of the base district with which the RS district is combined.

(Ord. G-6864 § 55, 2002; Ord. G-6077 § 223, 1994: Ord. G-5966 § 114, 1993; Ord. G-5346 § 78, 1990; Ord. G-4832 § 154, 1988; prior code § 7135.09)

Parking requirements in an RS district are per the requirements of the base district with which the RS district is combined.

(Prior code § 7135.10)

Sign requirements in an RS district are per the requirements of the base district with which the RS district is combined.

(Prior code § 7135.11)

Landscaping requirements in an RS district are per the requirements of the base district with which the RS district is combined.

(Prior code § 7135.12)

The breeding and raising of livestock, in greater numbers than allowed by subsection (B) of Section 19.60.020 of this chapter, by minors in conjunction with a student-oriented fair project sponsored by a bona fide agricultural organization shall be permitted upon submission of an application for a temporary animal permit to and approval by the planning director in accordance with the procedures set out in Sections 19.102.040 through 19.102.060 of this title.

(Ord. G-6077 § 224, 1994: prior code § 7135.13 (part))

19.60.140 - Temporary animal permit—Application—Contents.

An application for a temporary animal permit shall include the following:

A.

The name and address of the applicant;

B.

The name(s) and address(es) of the property owner(s);

C.

Assessor's parcel number(s);

D.

Legal description of the subject property;

E.

Name of the organization sponsoring the applicant;

F.

A plot plan showing the location of proposed pens, coops or areas for the breeding and raising of animals in relation to existing residence(s) and other buildings and structures within one hundred (100) feet of pens, coops or areas housing livestock;

G.

The signature of each owner of real property abutting the subject lot consenting to the granting of the temporary animal permit.

(Prior code § 7135.13(A))

A.

The breeding and raising of animals on a temporary basis shall comply with the following standards and conditions:

1.

The applicant shall be sponsored by a bona fide organization, such as, but not limited to, Future Farmers of America, 4-H Club, Cow-Belles, or Junior Farmers.

2.

The increase in animal density shall not exceed the density allowed by Section 19.60.020 of this chapter by more than fifty percent (50%). In any event, at least two (2), but no more than six (6), additional animals shall be allowed.

3.

The temporary animal permit shall be effective for a maximum period of six (6) months from the effective date of the permit. No more than one (1) such permit shall be approved for any lot within a one (1) year period.

4.

The written consent of each abutting property owner consenting to the granting of the temporary animal permit must be obtained.

5.

The applicant shall allow inspection of animal maintenance facilities by the Kern County engineering, surveying, and permit services department (building inspection division) and the Kern County public health services department.

6.

Each additional animal authorized by the temporary animal permit over the allowable animal density specified by Section 19.60.020 of this chapter shall be removed upon expiration of the permit.

B.

Equestrian establishments authorized through the conditional use permit process may exceed the maximum number of large animals specified in Section 19.60.020 as provided for in the approved conditional use permit.

(Ord. G-7482 § 87, 2007; Ord. G-6077 § 225, 1994; prior code § 7135.13(B))

(Ord. No. G-8035, § 74, 4-20-10)

Any permit issued pursuant to this chapter may be revoked or modified pursuant to Section 19.102.020 of this title upon receipt of a recommendation for revocation or modification from the Kern County engineering and survey services department (building inspection division) or the Kern County health department.

(Ord. G-6077 § 227, 1994: prior code § 7135.13(C))

Chapter 19.61 - RURAL LIVING (RL) COMBINING DISTRICT

The purpose of the Rural Living (RL) combining district is to expand the number and type of permitted and conditionally permitted uses within rural areas of the county. The RL combining district may be applied to areas designated 5.6, 5.7, or 5.8 by the Kern County general plan or other adopted general or specific plan. The RL combining district shall not be applied on any property that is located within one-quarter (¼) mile of any other property designated 5.1, 5.2, or 5.3 by the Kern County general plan or other adopted general or specific plan, nor shall the RL combining district be applied to any parcel with a size of less than two (2) acres. The RL combining district may be combined with the Estate (E) district or Limited Agriculture (A-1) district, where the permitted lot size is two and one-half (2½) acres or larger. The uses permitted or conditionally permitted and regulations established by the RL district shall be in addition to the uses and regulations of the base district with which the RL district is combined.

(Ord. G-5861 § 25 (part), 1992)

19.61.020 - Permitted uses.

The following uses, uses permitted by the base district, and all others determined to be similar to these uses pursuant to Sections 19.08.030 through 19.08.080 of this title are permitted in the RL district:

A.

Recreation, entertainment, and tourist facilities:

— Boarding or keeping of horses, not to exceed one (1) horse for each one-quarter (¼) acre, including owner's horses

— Horse breeding

— Horse riding

— Horse riding academies and schools

• Horse training or instructional clinics;

B.

Miscellaneous uses:

— Agricultural accessory buildings and structures, including cargo containers not to exceed one (1) cargo container for each two and one-half (2½) acres of gross lot area.

(Ord. G-5861 § 25 (part), 1992)

19.61.030 - Uses permitted with a conditional use permit.

Uses permitted with a conditional use permit in an RL district are those conditional uses permitted by the base district with which the RL district is combined and the following uses:

A.

Recreation, entertainment and tourist facilities:

— Boarding or keeping of horses, exceeding one (1) horse for each one-quarter (¼) acre

— Equestrian establishment, including horse shows and rodeos;

B.

Commercial Uses.

Services:

— Equestrian services

— Veterinary.

(Ord. G-6191 § 74, 1995: Ord. G-5861 § 25 (part), 1992)

Prohibited uses in an RL district are those uses prohibited by the base district with which the RL district is combined and any other use not expressly authorized by this title.

(Ord. G-5861 § 25 (part), 1992)

Minimum lot size requirements in an RL district are per the requirements of the base district with which the RL district is combined, provided, no portion of any lot shall be included within a base district which permits parcel sizes of less than two and one-half (2½) acres.

(Ord. G-5861 § 25 (part), 1992)

19.61.060 - Minimum lot area per dwelling unit.

Requirements for minimum lot area per dwelling unit in an RL district are per the requirements of the base district with which the RL district is combined.

(Ord. G-5861 § 25 (part), 1992)

Yard and setback requirements in an RL district shall be as required in the base district or as follows, whichever is least restrictive:

A.

Pens, coops, stables, corrals, and other structures and enclosures housing livestock or poultry, and the animals themselves, shall be at least:

1.

Fifty (50) feet from the front property line;

2.

Fifteen (15) feet from the street side of a corner lot.

(Ord. G-5966 § 115, 1993; Ord. G-5861 § 25 (part), 1992)

19.61.080 - Height limits.

Height limit requirements in an RL district are per the requirements of the base district with which the RL district is combined.

(Ord. G-5861 § 25 (part), 1992)

19.61.090 - Minimum distance between structures.

The minimum distance between structures in an RL district shall be as required in the base district or as follows, whichever is least restrictive:

A.

There shall be a minimum distance of six (6) feet between a residential building and an accessory building or between accessory buildings, except that pens, coops, other structures for housing animals, and the animals themselves shall be at least thirty (30) feet away from any off-site residential building or other building used for human habitation, at least one hundred (100) feet from the front lot line, at least twentyfive (25) feet from the street side lot line on a corner lot, and at least one hundred (100) feet away from any public park, school, hospital, or similar institution.

(Ord. G-6077 § 228, 1994: Ord. G-5966 § 116, 1993; Ord. G-5861 § 25 (part), 1992)

19.61.100 - Parking.

Parking requirements in an RL district are per the requirements of the base district with which the RL district is combined, except that parking area surfacing shall be provided as required by Subsection A(2) of Section 19.82.090. Parking area surfacing for conditional uses shall be as required by the approved conditional use permit.

(Ord. G-5861 § 25 (part), 1992)

Sign requirements in an RL district are per the requirements of the base district with which the RL district is combined.

(Ord. G-5861 § 25 (part), 1992)

Landscaping requirements in an RL district are per the requirements of the base district with which the RL district is combined, except as otherwise required in conjunction with an approved conditional use permit.

(Ord. G-5861 § 25 (part), 1992)

The director of the Kern County planning department may authorize, upon written request from the property owner, equestrian events to be held for a maximum of five (5) days during any given calendar year involving no more than one hundred (100) people on site, including participants and spectators. Any such request shall be accompanied by a written statement describing the proposed event and by the signatures of the owners of all abutting properties which contain a residence indicating "no objection" to the request. No public address or loudspeaker systems shall be utilized, except that portable, hand-held megaphones or similar sound amplification devices, as determined by the planning director, may be utilized. The planning director may impose conditions deemed necessary to protect the public health, safety, and welfare.

(Ord. G-6077 § 229, 1994: Ord. G-5861 § 25 (part), 1992)

Chapter 19.62 - MOBILEHOME (MH) COMBINING DISTRICT

19.62.010 - Purpose and application.

The purpose of the MH (Mobilehome Combining) district is to provide for the installation of mobile homes with or without foundations in agricultural, resource-related, and residential zoned areas. The MH district may be combined with A-1 (Limited Agriculture), R-1 (Low-density Residential), E (Estate), PL (Platted Lands), or the RF (Recreation-Forestry) districts. Except as specifically provided for in this chapter, the uses allowed and regulations established by the MH district shall be in addition to the regulations of the base district with which the MH district is combined.

(Ord. G-6641 § 34, 1999: Ord. G-4993 § 42, 1989: Ord. G-4943 § 2, 1989: Ord. G-4916 § 17, 1989: Prior code § 7140.01)

(Ord. No. G-8226, § 76, 11-8-11)

The following uses and others determined to be similar to these uses pursuant to Sections 19.08.030 through 19.08.080 of this title are permitted in an MH district:

A.

Mobilehome, certified under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C. - Section 5401 et seq.) and which is no older than thirty (30) years from the date application is made for an installation permit;

B.

Uses permitted by the base district with which the MH district is combined.

(G-7189 § 57, 2005: Ord. G-4943 § 3, 1989; Ord. G-4916 § 18, 1989; Ord. G-4832 § 155, 1988; Prior code § 7140.02)

19.62.030 - Uses permitted with a conditional use permit.

A.

Mobilehome, which is older than thirty (30) years from the date application is made for an installation permit;

B.

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

(Ord. G-7189 § 58, 2005: prior code § 7140.03)

Prohibited uses in an MH district are those uses prohibited by the base district with which the MH district is combined.

(Prior code § 7140.04)

Minimum lot size requirements in an MH district are per the requirements of the base district with which the MH district is combined.

(Prior code § 7140.05)

Requirements for minimum lot area per dwelling unit in an MH district are per the requirements of the base district with which the MH district is combined.

(Prior code § 7140.06)

19.62.070 - Yards and setbacks.

Yard and setback requirements in an MH district are per the requirements of the base district with which the MH district is combined.

(Prior code § 7140.07)

19.62.080 - Height limits.

Height limits in an MH district are per the requirements of the base district with which the MH district is combined.

(Prior code § 7140.08)

19.62.090 - Minimum distance between structures.

Requirements for minimum distance between structures in an MH district are per the requirements of the base district with which the MH district is combined.

(Prior code § 7140.09)

19.62.100 - Parking.

Parking requirements in an MH district are per the requirements of the base district with which the MH district is combined.

(Prior code § 7140.10)

19.62.110 - Signs.

Sign requirements in an MH district are per the requirements of the base district with which the MH district is combined.

(Prior code § 7140.11)

19.62.120 - Landscaping.

Landscaping requirements in an MH district are per the requirements of the base district with which the MH district is combined.

(Prior code § 7140.12)

19.62.130 - Special review procedures and development standards.

A.

If the method of installation results in the exposure of the undercarriage, a continuous perimeter skirting compatible with the mobilehome siding shall be installed.

B.

No special architectural or size requirements shall apply to mobilehome installations in the MH district, except as may be specifically required by Sections 19.62.020 or 19.62.030.

(Ord. G-6077 § 232, 1994: Ord. G-5966 § 117, 1993; Ord. G-5346 § 80, 1990: Ord. G-4943 § 5, 1989)

Chapter 19.64 - WIND ENERGY (WE) COMBINING DISTRICT

A.

It is the intent of the board of supervisors, in adopting this chapter, to promote the use of proven winddriven generators for energy recovery, and to promote safeguards ensuring the maintenance of the health, safety and welfare of the citizens of the county. In addition, in adopting this chapter, it is the intent of the board of supervisors to promote the use of an alternative to fossil-fuel-generated electrical power in areas of the county which are identified to have suitable wind resources for production of commercial quantities

of wind-generated electrical power. Furthermore, it is the intent of the board of supervisors that sitespecific application of this chapter shall occur only in a manner that provides a harmonious balance between the suitability of a project site with existing area land use and physical surroundings.

B.

The WE district is a combining district and shall only be applied to the following district classifications: Exclusive Agriculture (A), Industrial (M-1, M-2, and M-3), Natural Resource (NR) with a minimum lot size of twenty (20) acres, Recreation-Forestry (RF) with a minimum lot size of twenty (20) acres, Limited Agriculture (A-1) with a minimum lot size of twenty (20) acres, or Estate (E) with a minimum lot size of twenty (20) acres. The uses allowed and the regulations required in the WE district shall be in addition to the regulations of the base district with which the WE district is combined. The WE district may not be adopted as a single land use designation.

(Ord. G-7189 § 59, 2005; prior code § 7145.01)

The following uses and all others determined to be similar to these uses pursuant to Sections 19.08.030 through 19.08.080 of this title are permitted in a WE district:

A.

Wind-driven electrical generators, prototype, as defined in Chapter 19.04 of this title;

B.

Wind-driven electrical generators, production, as defined in Chapter 19.04 of this title;

C.

Accessory administrative and maintenance structures and facilities, electrical substations, transmission lines and other facilities and electrical structures accessory and incidental to the main use;

D.

Uses permitted by the base district with which the WE district is combined.

(Prior code § 7145.02)

(Ord. No. G-8226, § 77, 11-8-11)

19.64.030 - Uses permitted with a conditional use permit.

The following uses and all others determined to be similar to these uses pursuant to Sections 19.08.030 through 19.08.080 of this title are permitted in a WE district subject to securing a conditional use permit in accordance with the standards and procedures set out in Chapter 19.104 of this title:

A.

Wind-driven electrical generators, experimental, as defined in Chapter 19.02 of this title, on a temporary basis;

B.

Wind-driven electrical generators, manufacture, or assembly;

C.

Conditional uses permitted by the base district with which the WE district is combined.

(Ord. G-6412 § 56, 1997: prior code § 7145.03)

19.64.040 - Prohibited uses.

The following uses are prohibited in a WE district:

A.

Wind-driven electrical generators, experimental, as defined in Chapter 19.02 of this title, on a permanent basis;

B.

All other uses not permitted by Sections 19.64.020 and 19.64.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited in a WE district.

(Ord. G-7189 § 61, 2005: prior code § 7145.04)

19.64.050 - Minimum lot size.

Minimum lot size requirements in a WE district are per the requirements of the base district with which the WE district is combined.

(Ord. G-7189 § 62, 2005: prior code § 7145.05)

Requirements for minimum lot area per dwelling unit in a WE district are per the requirements of the base district with which the WE district is combined.

(Prior code § 7145.06)

19.64.070 - Yards and setbacks.

Yard and setback requirements in a WE district are as follows:

A.

Wind-driven electrical generators shall comply with the setback requirements specified in Sections 19.64.130 through 19.64.150 of this title;

B.

All other structures shall comply with the requirements of the base district with which the WE district is combined.

(Prior code § 7145.07)

19.64.080 - Height limits.

Height limits in a WE district are as follows:

A.

Wind-driven electrical generators and associated meteorological towers shall comply with the height limits specified in Section 19.64.140 of this chapter;

B.

All other uses and structures shall comply with the requirements of the base district with which the WE district is combined.

(Ord. G-7189 § 63, 2005: prior code § 7145.08)

19.64.090 - Minimum distance between structures.

Requirements for minimum distance between structures in a WE district are as follows:

A.

Wind-driven electrical generators shall comply with the requirements specified in Sections 19.64.130 through 19.64.150 of this chapter;

B.

All other uses shall comply with the requirements of the base district with which the WE district is combined.

(Prior code § 7145.09)

19.64.100 - Parking.

Parking requirements in a WE district are per the requirements of the base district with which the WE district is combined.

(Prior code § 7145.10)

19.64.110 - Signs.

Sign requirements in a WE district are as follows:

A.

Signs in connection with wind-driven electrical generators shall comply with the requirements specified in Sections 19.64.130 through 19.64.150 of this chapter;

B.

All other signs shall comply with the requirements of the base district with which the WE district is combined.

(Prior code § 7145.11)

19.64.120 - Landscaping.

Landscaping requirements in a WE district are as follows:

A.

None required in connection with wind-driven electrical generators;

B.

All other uses shall comply with the requirements of the base district with which the WE district is combined.

(Prior code § 7145.12)

19.64.130 - Detailed plot plan required—Contents.

Prior to issuance of construction permits, the developer shall submit a detailed plot plan for review and approval by the planning director. The plan boundaries shall coincide with those of the project parcel. The following information shall be included in said plan:

A.

Existing topography and drainage channels;

B.

Direction of prevailing winds across the project site;

C.

Location, height and dimensions of all existing structures;

D.

Distance to all residences located within one (1) mile of exterior project boundary;

E.

Manufacturer and model designation, rated KW capacity, overall machine height (grade level to highest tip extension), total blade diameter, hub height, rated maximum rotor RPM, location of proposed structures and buildings and, upon request of the planning director, manufacturer's production record, and/or sufficient manufacturer's data in order to classify machines as experimental, prototype, or production in accordance with the definitions contained in this chapter;

F.

Location, grades and dimensions of all roads and parking areas, both existing and proposed;

G.

Location and extent of known archaeological remains;

H.

Location and type of project security fencing;

I.

Location of site by longitude and latitude coordinates within ten (10) feet and elevation of site above mean sea level within ten (10) feet;

J.

A plan of proposed project phasing;

K.

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;

L.

A certificate signed by a registered civil engineer or licensed land surveyor stating that area encompassed by the project has been surveyed under his supervision or that a previous survey was performed by a registered civil engineer or licensed land surveyor and that sufficient monuments have been placed to accurately establish the exterior project boundaries;

M.

A certificate signed by a registered civil engineer or licensed land surveyor stating that the proposed development is in full compliance with the requirements of this chapter. The director of the Kern County planning department may require the submittal of additional documentation of compliance when deemed necessary;

N.

Soil erosion and sedimentation control plan, including re-vegetation plan, as provided for in Section 19.64.140(K) (grading permits only).

(Ord. G-7189 § 64, 2005: Ord. G-6077 § 233, 1994: Ord. G-5966 § 119, 1993; Prior code § 7145.13(A))

19.64.140 - Development standards and conditions.

Development in the WE combining district, and commercial wind-driven electrical generators permitted subject to securing a conditional use permit, shall comply with the following standards:

A.

All necessary building and grading permits shall be obtained from the Kern County planning department. For construction and permit purposes, all wind generator towers shall conform to the regulations of the applicable seismic zone of the Uniform Building Code and the applicable groundshaking zone.

B.

Towers and blades shall be painted a nonreflective, unobtrusive color or have a nonreflective surface.

C.

Fencing shall be erected for each wind machine or on the perimeter of the total project. Wind project facilities shall be enclosed with a minimum four (4)-foot-high security fence constructed of four (4) strand barbed wire or materials of a higher quality. Fencing erected on the perimeter of the total project shall include minimum eighteen (18) inch by eighteen (18) inch signs warning of wind turbine dangers. Such signs shall be located a maximum of three hundred (300) feet apart and at all points of site ingress and egress. Where perimeter fencing is utilized, the planning director may waive this requirement for any portion of the site where unauthorized access is precluded due to topographic conditions.

D.

All on-site electrical power lines associated with wind machines shall be installed underground within one hundred fifty (150) feet of a wind turbine and elsewhere when practicable, excepting therefrom "tie-ins" to utility type transmission poles, towers, and lines. However, if project terrain or other factors are found to be unsuitable to accomplish the intent and purpose of this provision, engineered aboveground electrical power lines shall be allowed.

E.

Prior to issuance of construction permits, the developer shall provide the Kern County planning department with proof of approved access to the site.

F.

Wind generator setback shall be as follows:

1.

Setback Where Adjacent Parcels Contain Less Than Forty (40) Acres. A minimum wind generator setback of two (2) times the overall machine height (measured from grade to the top of the structure, including the uppermost extension of any blades) or five hundred (500) feet, whichever is less, shall be maintained from exterior project boundaries where the project site is adjacent to existing parcels of record which contain less than forty (40) acres and are not zoned WE combining district.

The planning director may allow a reduction in this setback, not to exceed a minimum setback of one (1) times the overall machine height (measured from grade to the top of the structure, including the uppermost extension of any blades) if a letter of consent from the owner(s) of record of adjacent parcels is filed with the Kern County planning department.

2.

Setback Where Adjacent Parcels Contain Forty (40) Acres or More. A minimum wind generator setback of one and one-half (1½) times the overall machine height (measured from grade to the top of the structure, including the uppermost extension of any blades) or five hundred (500) feet, whichever is less, shall be maintained from all exterior project boundaries.

The planning director may allow a reduction or waiver of this setback requirement in accordance with both of the following provisions:

a.

The project exterior boundary is a common property line between two (2) or more approved wind energy projects or both properties are located within the WE district; and

b.

The property owner of each affected property has filed a letter of consent to the proposed setback reduction with the planning director.

3.

Setback From Off-site Residence(s) on Adjacent Parcels. In all cases, regardless of parcel area, a minimum wind generator setback of one and one-half (1½) times the overall machine height (measured from grade to the top of the structure, including the uppermost extension of any blades) or five hundred (500) feet, whichever is greater, shall be maintained from any off-site residence.

The planning director may allow a reduction in this setback, not to exceed a minimum setback of one (1) times the overall machine height, if a letter of consent from the owner(s) of record of the adjacent parcel is filed with the planning director.

4.

Project Interior Wind Generator Spacing. Wind generator spacing within the project boundary shall be in accordance with accepted industry practices pertaining to the subject machine.

5.

Setback From On-site Residences and Accessory Structures Designed for Human Occupancy. A minimum wind generator setback of one (1) times the overall machine height (measured from grade to the top of the structure, including the uppermost extension of any blade) shall be maintained from any on-site residence or accessory structure designed for human occupancy.

6.

Setback From Public Highways and Streets, Public Access Easements, Public Trails, and Railroads. A minimum wind generator setback of one and one-half (1½) times the overall machine height (measured from grade to the top of the structure, including the uppermost extension of any blade) shall be maintained from any publicly maintained public highway or street. A minimum wind generator setback of one (1) times the overall machine height shall be maintained from any public access easement or railroad right-of-way. A minimum wind generator setback of one hundred fifty (150) feet shall be maintained from the outermost extension of any blade to any public trail, pedestrian easement, or equestrian easement.

G.

Wind generator machine and associated meteorological tower overall height shall not exceed six hundred (600) feet and is subject to Section 19.08.160. For the purposes of this chapter, machine height shall be measured as follows:

1.

Overall machine height of horizontal axis machines shall be measured from grade to the top of the structure, including the uppermost extension of any blades.

2.

Machine height of vertical axis or other machine designs shall be measured from grade to the highest point of the structure.

H.

All wind projects including wind generators and towers shall comply with all applicable county, state, and federal laws, ordinances, or regulations.

I.

One (1) project identification sign, located at each point of project ingress and egress, not to exceed thirtytwo (32) square feet in area, may be erected on the project site. No other signs shall be installed other than safety signs and the required warning signs. The developer shall submit a sign elevation drawing to the planning director for review and approval prior to installation.

J.

Where a residence, school, church, public library, or other sensitive or highly sensitive land use, as identified in the noise element of the county general plan, is located within one (1) mile in a prevailing downwind direction or within one-half (½) mile in any other direction of a project's exterior boundary, an acoustical analysis shall be prepared by a qualified acoustical consultant prior to the issuance of any

building permit. The consultant and the resulting report shall be subject to review and approval by the Kern County health department. The report shall address any potential impacts on sensitive or highly sensitive land uses.

In addition, the acoustical report shall demonstrate that the proposed development shall comply with the following criteria:

1.

Audible noise due to wind turbine operations shall not be created which causes the exterior noise level to exceed forty-five (45) dBA for more than five (5) minutes out of any one (1) hour time period (L8. 3 ) or to exceed fifty (50) dBA for any period of time when measured within fifty (50) feet of any existing residence, school, hospital, church, or public library.

2.

Low frequency noise or infrasound from wind turbine operations shall not be created which causes the exterior noise level to exceed the following limits when measured within fifty (50) feet of any existing residence, school, hospital, church, or public library.

3.

In the event audible noise due to wind turbine operations contains a steady pure tone, such as a whine, screech, or hum, the standards for audible noise set forth in subparagraph (1) of this subsection shall be reduced by five (5) dBA. A pure tone is defined to exist if the one-third (⅓) octave band sound pressure level in the band, including the tone, exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous one-third (⅓) octave bands by five (5) dBA for center frequencies of five hundred (500) Hz and above, by eight (8) dBA for center frequencies between one hundred sixty (160) Hz and four hundred (400) Hz, or by fifteen (15) dBA for center frequencies less than or equal to one hundred twenty-five (125) Hz.

4.

In the event the audible noise due to wind turbine operations contains repetitive impulsive sounds, the standards for audible noise set forth in subparagraph (1) of this subsection shall be reduced by five (5) dBA.

5.

In the event the audible noise due to wind turbine operations contains both a pure tone and repetitive impulsive sounds, the standards for audible noise set forth in subparagraph (1) of this subsection shall be reduced by a total of five (5) dBA.

6.

In the event the ambient noise level (exclusive of the development in question) exceeds one (1) of the standards given above, the applicable standard shall be adjusted so as to equal the ambient noise level. For audible noise, the ambient noise level shall be expressed in terms of the highest whole number sound pressure level in dBA which is exceeded for no more than five (5) minutes per hour (L8. 3 ). For low

frequency noise or infrasound, the ambient noise level shall be expressed in terms of the equivalent level (Leq) for the one-third (⅓) octave band in question, rounded to the nearest whole decibel. Ambient noise levels shall be measured within fifty (50) feet of potentially affected existing residences, schools, hospitals,

churches, or public libraries. Ambient noise level measurement techniques shall employ all practical means of reducing the effects of wind-generated noise at the microphone. Ambient noise level measurements may be performed when wind velocities at the proposed project site are sufficient to allow wind turbine operation, provided that the wind velocity does not exceed thirty (30) mph at the ambient noise measurement location.

Any noise level falling between two (2) whole decibels shall be the lower of the two (2).

8.

In the event that noise levels, resulting from a proposed development, exceed the criteria listed above, a waiver to said levels may be granted by the planning director provided that the following has been accomplished:

a.

Written consent from the affected property owners has been obtained stating that they are aware of the proposed development and the noise limitations imposed by this code, and that consent is granted to allow noise levels to exceed the maximum limits allowed.

b.

A permanent noise impact easement has been recorded in the County Hall of Records which describes the benefitted and burdened properties and which advises all subsequent owners of the burdened property that noise levels in excess of those permitted by this code may exist on or at the burdened property.

K.

Prior to the issuance of any grading permit, a plan for the mitigation of potential soil erosion and sedimentation shall be prepared by a registered civil engineer or other professional and submitted for the approval by the Director of the Kern County Engineering, Surveying, and Permit Services Department. The plan shall include provisions for site revegetation, including any necessary re-soiling, proposed plant species, proposed plant density and percentage of ground coverage, and the methods and rates of application and shall include sediment collection facilities as may be required by the engineering, surveying, and permit services department.

ineering, Surveying, and Permit Services Department. The plan shall include provisions for site revegetation, including any necessary re-soiling, proposed plant species, proposed plant density and percentage of ground coverage, and the methods and rates of application and shall include sediment collection facilities as may be required by the engineering, surveying, and permit services department.

The soil erosion and sedimentation control plan shall be consistent with the applicable requirements of the California Regional Water Quality Control Board pertaining to the preparation and approval of Storm Water Pollution Prevention Plans. Notwithstanding the foregoing, the revegetation portion of the soil erosion and sedimentation plan shall be prepared by a professional biologist or other professional approved, in advance, by the Kern County Engineering, Surveying, and Permit Services Department.

The plan shall include a timetable for full implementation, estimated costs, and a surety bond or other security as approved by the Kern County Engineering, Surveying, and Permit Services Department in an amount determined by that department to guarantee plan implementation. The soil erosion and sedimentation control plan, including the revegetation plan and security instrument, shall be submitted to, and approved by, the floodplain management section of the engineering, surveying, and permit services department prior to the issuance of any grading permit. The security shall remain on file with the engineering, surveying, and permit services department until that department has verified that the plan has been successfully implemented.

L.

A minimum of on-site roadways shall be constructed. Temporary access roads utilized for initial machine installation shall be revegetated to a natural condition after completion of machine installation. The applicant shall submit a plan of all proposed roads, temporary and permanent, for approval by the planning director prior to the issuance of any building permits.

M.

Construction of any slopes steeper than four to one (4:1) shall be prohibited unless specifically authorized by the Kern County Planning and Community Development Department and mitigation is provided.

N.

Wind project facilities shall be encircled with a ten (10) foot wide fuel break. Subject fuel breaks may be installed for each wind machine or the perimeter of the total project, but in no event shall encompass more than forty (40) acres per block. Permanent access roads may also be considered fuel breaks. This requirement may be modified at the discretion of the Kern County Fire Chief.

O.

No building permits will be issued until the grading has been completed in accordance with the approved plans and "as graded certification" has been made by the engineer.

(Ord. G-7189 §§ 65—71, 2005; Ord. G-6077 § 234, 1994: Prior code § 7145.13(B))

(Ord. No. G-8226, § 78, 11-8-11)

19.64.150 - Wind turbine maintenance and abandonment.

A.

Except for maintenance periods, wind turbines shall be maintained in an operational condition. A turbine or group of turbines seeking, but unable to obtain transmission service or a power purchase agreement and out of service for that reason, shall be considered to be in a maintenance period provided such wind turbines are otherwise viable by general industry practices.

B.

Any wind turbine not in operational condition for a consecutive period of twelve (12) months shall be deemed abandoned and shall be removed within sixty (60) days from the date a written notice is sent to the property owner and turbine owner, as well as the project operator, by the county. Within this sixty (60)-day period, the property owner, turbine owner, or project operator may provide the planning director with a written request and justification for an extension for an additional twelve (12) months. The planning director shall consider any such request at a director's hearing as provided for in Section 19.102.070 of this title. In

no case shall the planning director authorize an extension beyond two (2) years from the date the wind turbine was deemed abandoned without requiring financial assurances to guarantee the removal of the wind turbine, and that portion of the support structure lying above the natural grade level, in the form of a corporate surety bond, irrevocable letter of credit, or an irrevocable certificate of deposit wherein the county is named as the sole beneficiary. In no case shall a wind turbine which has been deemed

abandoned be permitted to remain in place for more than forty-eight (48) months from the date the wind turbine was first deemed abandoned.

C.

If the property owner fails to remove an abandoned wind turbine within the time frame specified above, the county may remove the structure(s) at the property owner's expense and lien the property to recover all enforcement and removal costs; however, the county shall first notify the property owner of its intent to remove the structure(s) in accordance with this section in writing at least thirty (30) days prior to removing said structure(s). The county shall not issue any grading or building permits for any new development on the subject property until any such lien has been paid in full.

(Ord. G-7189 § 73, 2005: prior code § 7145.13(C))

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

(Ord. G-7189 § 74, 2005)

Chapter 19.66 - PETROLEUM EXTRACTION (PE) COMBINING DISTRICT

The purpose of the Petroleum Extraction (PE) combining district is to designate lands containing productive or potentially productive petroleum resources to promote the development of such resources in a manner compatible with surrounding development. The PE combining district may be applied only to those areas that are zoned Estate (E), Commercial Office (CO), Neighborhood Commercial (C-1), General Commercial (C-2), or Highway Commercial (CH). The uses allowed and the regulations established by the PE district shall be in addition to the regulations of the base district with which the PE district is combined.

(Prior code § 7150.01)

The following uses and all others determined to be similar to these uses pursuant to Sections 19.08.030 through 19.08.080 of this title are permitted in a PE District:

A.

Wells for the exploration for and development and production of oil or gas or other hydrocarbon substances if the well or wells are located more than two hundred ten (210) feet away from any existing dwelling or existing building utilized for commercial purposes, excluding those premises utilized solely for storage of equipment, material, household goods, or similar material.

B.

Deepening or redrilling, within the existing well bore, of any well used for the production or development of oil or gas or other hydrocarbon substances, or the replacement of any production facility which did not require a conditional use permit on the date drilling began or the date the facility was installed.

C.

Drilling of a replacement well when the original well did not require a conditional use permit, and where the original well has been abandoned in accordance with California Division of Oil and Gas regulations and drilling of a replacement well commences within one (1) year of the conclusion of abandonment procedures, and the replacement well is located within twenty (20) feet of the original well or is farther from any existing dwelling or commercial building than the original well.

D.

Uses permitted by the base district with which the PE District is combined.

(Prior code § 7150.02)

(Res. No. 2020-116, § 2, 5-19-20; Ord. No. G-8992, § 18, 3-8-21)

19.66.030 - Uses permitted by a conditional use permit.

The following uses and all others determined to be similar to these uses pursuant to Sections 19.08.030 through 19.08.080 of this title are permitted in a PE District subject to securing a conditional use permit in accordance with the procedures set out in Chapter 19.104 of this title:

A.

Wells for the exploration for and development and production of oil or gas or other hydrocarbon substances if the well or wells are located within two hundred ten (210) feet of any existing dwelling or existing building utilized for commercial purposes, excluding those premises utilized solely for storage of equipment, material, household goods, or similar material.

B.

Conditional uses permitted by the base district with which the PE District is combined.

(Prior code § 7150.03)

(Res. No. 2020-116, § 2, 5-19-20; Ord. No. G-8992, § 19, 3-8-21)

All other uses not permitted by Sections 19.66.020 and 19.66.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited in a PE district.

(Ord. G-7189 § 75, 2005: prior code § 7150.04)

Minimum lot size requirements in a PE district are per the requirements of the base district with which the PE district is combined.

(Prior code § 7150.05)

Requirements for minimum lot area per dwelling unit in a PE district are per the requirements of the base district with which the PE district is combined.

(Prior code § 7150.06)

19.66.070 - Yards and setbacks.

Yard and setback requirements in a PE district are as follows:

A.

No oil or gas well shall be drilled within one hundred (100) feet of the right-of-way of any existing or proposed public highway or street.

B.

All other uses permitted by the base district shall conform to the yard and setback requirements of the base district with which the PE district is combined.

(Prior code § 7150.07)

19.66.080 - Height limits.

Height limit requirements in a PE District are as follows:

A.

No height limit on derricks and other equipment used during the exploration and drilling phase of development.

B.

Pumping units shall not exceed eighty (80) feet in height.

C.

All other uses permitted by the base district shall conform to the height limits of the base district with which the PE District is combined.

(Prior code § 7150.08)

(Res. No. 2020-116, § 2, 5-19-20; Ord. No. G-8992, § 20, 3-8-21)

19.66.090 - Minimum distance between structures.

Requirements for minimum distance between structures in a PE district are as follows:

A.

Per the requirements of Chapter 19.98 of this title;

B.

All other uses shall comply with the base district with which the PE district is combined.

(Prior code § 7150.09)

19.66.100 - Parking.

Parking requirements in a PE district are as follows:

A.

No minimum requirement for drilling and production activities, provided, however, all vehicle parking and maneuvering areas shall be treated and maintained with oiled sand or a similar dust binding material;

B.

All other uses permitted by the base district shall conform to the requirements of the base district with which the PE district is combined.

(Prior code § 7150.10)

19.66.110 - Signs.

The following signs are permitted in a PE district in accordance with the requirements of Chapter 19.84 of this title:

A.

Directional, warning signs, identification signs in connection with oil, gas or other hydrocarbon drilling and development operations;

B.

Signs permitted by the base district with which the PE district is combined.

(Prior code § 7150.11)

Landscaping requirements in a PE district are per the requirements of the base district with which the PE district is combined.

(Prior code § 7150.12)

All drilling and hydrocarbon development activities in a PE District shall be carried out in accordance with the standards and procedures set out in Section 19.98.060 of this title. All activities subject to an oil and gas conformity review or minor activity review shall comply with the provisions of Section 19.98.060 of the title.

(Prior code § 7150.13)

(Res. No. 2020-116, § 2, 5-19-20; Ord. No. G-8992, § 21, 3-8-21)

Chapter 19.68 - GEOLOGIC HAZARD (GH) COMBINING DISTRICT

The purpose of the Geologic Hazard (GH) combining district is to protect the public's health and safety and minimize property damage by designating areas that are subject to or potentially subject to surface faulting, groundshaking, ground failure, landslides, mudslides, or other geologic hazards by establishing reasonable restrictions on land use in such areas. The GH district shall be applied to lands designated Map Code 2.1, 2.2, or 2.3 by the county general plan and to any other area where there is a reasonable presumption based on documented evidence that a hazardous or potentially hazardous condition exists. The regulations established by the GH district shall be in addition to the regulations of the base district with which the GH district is combined.

(Prior code § 7155.01)

19.68.020 - Permitted uses.

Permitted uses in a GH district are those uses permitted by the base district with which the GH district is combined, except as modified in accordance with the standards and procedures set out in Sections 19.68.130 through 19.68.150 of this chapter.

(Prior code § 7155.02)

Uses permitted with a conditional use permit in a GH district are those conditional uses permitted by the base district with which the GH district is combined, except as modified in accordance with the standards and procedures set out in Sections 19.68.130 through 19.68.150 of this chapter.

(Prior code § 7155.03)

Prohibited uses in a GH district are those uses prohibited by the base district with which the GH district is combined.

(Prior code § 7155.04)

19.68.050 - Minimum lot size.

Minimum lot size requirements in a GH district are per the requirements of the base district with which the GH district is combined.

(Prior code § 7155.05)

Requirements for minimum lot area per dwelling unit in a GH district are per the requirements of the base district with which the GH district is combined.

(Prior code § 7155.06)

Yard and setback requirements in a GH district are per the requirements of the base district with which the GH district is combined, except as modified in accordance with the standards and procedures set out in Sections 19.68.130 through 19.68.150 of this chapter.

(Prior code § 7155.07)

19.68.080 - Height limits.

Height limit requirements in a GH district are per the requirements of the base district with which the GH district is combined.

(Prior code § 7155.08)

(Ord. No. G-8226, § 79, 11-8-11)

Requirements for minimum distance between structures in a GH district are per the requirements of the base district with which the GH district is combined, except as modified in accordance with the standards and procedures set out in Sections 19.68.130 through 19.68.150 of this chapter.

(Prior code § 7155.09)

Parking requirements in a GH district are per the requirements of the base district with which the GH district is combined.

(Prior code § 7155.10)

19.68.110 - Signs.

Sign requirements in a GH district are per the requirements of the base district with which the GH district is combined.

(Prior code § 7155.11)

Landscaping requirements in a GH district are per the requirements of the base district with which the GH district is combined.

(Prior code § 7155.12)

No use shall be established, no development shall occur, and no building permit or grading permit shall be issued for any use or development in the GH combining district until an application for 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 of this title.

(Ord. G-6077 § 235, 1994: Prior code § 7155.13 (part))

19.68.140 - Plot plan review—Application—Contents.

An application for plot plan review shall include the following:

A.

Name and address of applicant;

B.

Name(s) and address(es) of the property owner(s);

C.

Assessor's parcel number(s);

D.

Legal description of the property;

E.

A plot plan drawn at the scale specified by the planning director, which includes the following information:

1.

Topography and proposed grading,

2.

Location and extent of all geologic hazards, including areas subject to surface faulting, groundshaking, ground failure, landslides, mudslides and other geologic hazards,

3.

Location of all proposed buildings and structures,

Location of proposed streets, roads and parking areas,

5.

Proposed drainage improvements,

6.

North arrow;

F.

A geological report prepared by a qualified engineering geologist, certified by the state of California, shall be required for the following projects:

1.

Any subdivision of land which is subject to the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code, and which contemplates the eventual construction of structures for human occupancy,

2.

Structures for human occupancy, with the exception of:

a.

Single-family wood frame dwellings to be built on parcels of land for which geologic reports have been approved pursuant to the provisions of subdivision (1) of this subsection,

b.

A single-family wood frame dwelling not exceeding two (2) stories when such dwelling is not part of a development of four (4) or more dwellings,

c.

Residential accessory structures,

d.

Single mobilehome installations on individual lots;

G.

The geological report shall be prepared in conformity with the policies and criteria of the State Mining and Geology Board and the Guidelines for Evaluating the Hazard of Surface Fault Rupture, promulgated by the California Division of Mines and Geology. The geological report shall include the following information:

1.

The original signature and certification number of the responsible geologist,

2.

An index map showing the regional setting of the study area,

3.

A description of the study methods used; the methods may include, but are not limited to, field traverses and inspections, test pits or trenches, drill holes, geophysical investigation, aerial photo analysis, laboratory texts and review of previously published or unpublished maps and reports,

4.

On an appropriate topographic base, an orig-inal geological map of the site and as much of the surrounding area as is practicable. The scale shall be one (1) inch to one thousand (1,000) feet or larger for the main geologic map, and one (1) inch to one hundred (100) feet for complementary geologic maps emphasizing special features or hazards,

5.

One (1) or more geologic structure sections showing actual or probable subsurface relations and clearly labeled as to which relations are conjectural,

6.

A statement of conclusions and recommendations regarding suitability of proposed uses, including, but not limited to, buildings, structures, roads and septic systems in relation to the existing or potential geologic hazards and recommended mitigation measures with respect to the following:

a.

Location of buildings, structures, roads and septic systems in relation to identified geologic hazard or hazards,

b.

Method of construction,

c.

Grading,

d.

Removal of native vegetation and re-planting of cut slopes,

e.

Any other aspect of building construction or site development that has a clear relationship to the identified geologic hazard or hazards,

7.

A list of references of geologic literature used in evaluation of the site.

(Ord. G-6077 § 236, 1994; Ord. G-4993 § 43, 1989; Ord. G-4832 § 158, 1988; Prior code § 7155.13(A))

Development in the GH combining district shall comply with the mitigation measures recommended in the geological report required by Section 19.68.140 of this chapter as approved by the Kern County planning department. In any event, structures for human occupancy shall be set back at least fifty (50) feet from any active fault trace or one hundred (100) feet from any fault trace that cannot be precisely located or is depicted as "inferred" on the Kern County Seismic Hazard Atlas.

(Ord. G-6077 § 238, 1994: Prior code § 7155.13(B))

Chapter 19.70 - FLOODPLAIN (FP) COMBINING DISTRICT

Sections:

A.

The purpose of the Floodplain (FP) combining district is to protect the public health and safety and minimize property damage by designating areas that are potentially subject to flooding and by establishing reasonable restrictions on land use in such areas. The FP district shall be applied to those areas lying within Zone A on the Flood Insurance Rate Maps (FIRM) or those areas potentially subject to flooding as designated by the Kern County engineering and survey services department pending reclassification of such areas into the Floodplain Primary (FPP) district or the Floodplain Secondary (FPS) combining district. The regulations established by the FP district shall be in addition to the regulations of the base district with which the FP district is combined.

B.

The special flood hazard area designated as Zone A is based on historical flood flows where no quantitative determination of the frequency of flooding has been made. Detailed engineering studies are performed and/or approved by the Kern County engineering and survey services department prior to the reclassification of the FP combining district into the FPP district and/or FPS combining district.

C.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or flood heights may be increased by man-made or natural causes, such as bridge openings restricted by

debris. This chapter does not imply that areas outside the FP district or land uses permitted within the FP district will be free from flooding or flood damages. This chapter shall not create liability on the part of the county of Kern or any officer or employee thereof for any flood damage that may result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. G-6191 § 75, 1995: Ord. G-6077 § 239, 1994: Ord. G-4993 § 44, 1989; Ord. G-4832 § 159, 1988; prior code § 7160.01)

19.70.020 - Permitted uses.

Permitted uses in an FP district are those uses permitted by the base district with which the FP district is combined, except as prohibited by Section 19.70.040 of this chapter or as modified in accordance with the standards set out in Section 19.70.130 of this chapter.

(Prior code § 7160.02)

19.70.030 - Uses permitted with a conditional use permit.

Uses permitted with a conditional use permit in an FP district are those conditional uses permitted by the base district with which the FP district is combined, except as prohibited by Section 19.70.040 of this chapter or as modified in accordance with the standards set out in Section 19.70.130 of this chapter.

(Prior code § 7160.03)

All other uses not permitted by Sections 19.70.020 and 19.70.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited in an FP district, including:

A.

All uses prohibited by the base district with which the FP district is combined;

B.

All uses that will likely increase the flood hazard or affect the water-carrying capacity of the floodplain beyond the limits resulting from encroachment as specified in Section 19.70.130 of this chapter;

C.

Dumping, stockpiling or storage of floatable substances or other materials which, in the opinion of the Kern County engineering and survey services department, will add to the debris load of the stream or watercourse, unless protected by flood control devices approved by the Kern County engineering and survey services department and constructed in accordance with Section 19.70.130 of this chapter;

D.

Storage of junk or salvage operations;

E.

Oil storage tanks or processing equipment, unless floodproofed or sufficiently elevated above the base flood elevation, as determined by the Kern County engineering and survey services department;

F.

Individual sewage disposal systems (e.g., septic tank systems), unless protected by flood control devices approved by the Kern County engineering, surveying, and permit services department and constructed in accordance with the requirements of the Kern County public health services department so as to minimize infiltration of floodwaters into the systems and discharges from the systems into the floodwaters;

G.

Sources of water supply (e.g., wells, springs, etc.) unless protected by flood control devices approved by the Kern County engineering and survey services department and constructed in accordance with the requirements of the Kern County health department so as to minimize infiltration of floodwaters;

H.

Any use which endangers the temporary safeguards erected for flood protection.

(Ord. G-7189 § 76, 2005; Ord. G-6641 § 35, 1999; Ord. G-6191 § 76, 1995: Ord. G-6077 § 240, 1994: prior code § 7160.04)

(Ord. No. G-8035, § 76, 4-20-10)

19.70.050 - Minimum lot size.

Minimum lot size requirements in an FP district are per the requirements of the base district with which the FP district is combined.

(Ord. G-4993 § 45, 1989: Prior code § 7160.05)

19.70.060 - Minimum lot area per dwelling unit.

Requirements for minimum lot area per dwelling unit in an FP district are per the requirements of the base district with which the FP district is combined.

(Ord. G-4993 § 46, 1989: Prior code § 7160.06)

19.70.070 - Yards and setbacks.

Yard and setback requirements in an FP district are per the requirements of the base district with which the FP district is combined, except that all development shall be set back a minimum of ten (10) feet from the banks of any watercourse and sewage disposal systems shall be set back a minimum of one hundred (100) feet from the banks of any watercourse.

(Prior code § 7160.07)

19.70.080 - Height limits.

Height limit requirements in an FP district are per the requirements of the base district with which the FP district is combined.

(Prior code § 7160.08)

Requirements for minimum distance between structures in an FP district are per the requirements of the base district with which the FP district is combined; however, the floodplain management section of the engineering and survey services department may require a greater minimum distance between structures in order to provide sufficient water-carrying capacity of the floodplain to meet the requirements of Section 19.70.130.

(Ord. G-6077 § 241, 1994: Ord. G-4993 § 47, 1989: prior code § 7160.09)

Parking requirements in an FP district are per the requirements of the base district with which the FP district is combined.

(Prior code § 7160.10)

Sign requirements in an FP district are per the requirements of the base district with which the FP district is combined, provided that construction of the sign(s) shall comply with the minimum standards set out in Section 19.70.130 of this chapter.

(Prior code § 7160.11)

Landscaping requirements in an FP district are per the requirements of the base district with which the FP district is combined.

(Prior code § 7160.12)

All development within the FP district shall comply with the requirements of the flood damage prevention ordinance (Chapter 17.48 of this code) and the following standards:

A.

Generally, development within the floodplain may not cumulatively increase the base flood elevation at any point more than one (1) foot.

1.

Computations of increased flood heights caused by development in the floodplain shall be based upon the reasonable assumption that there shall be an equal loss of conveyance on opposite sides of the stream.

2.

Cases for super critical flow, or where velocity conditions are such that normal encroachment analyses are not possible or inappropriate, the allowable increase of one (1) foot shall be applied to the energy grade line instead of the base flood elevation.

3.

Cases for over bank velocities exceeding seven (7) feet per second, the floodway boundary shall coincide with the one hundred (100) year floodplain boundaries.

4.

All such computations shall be made or approved by the Kern County engineering and survey services department.

(Ord. G-6191 § 77, 1995: Ord. G-6077 § 242, 1994: prior code § 7160.13)

Chapter 19.72 - FLOODPLAIN SECONDARY (FPS) COMBINING DISTRICT

A.

The purpose of the Floodplain Secondary (FPS) combining district is to protect the public health and safety and minimize property damage by designating areas that are subject to flooding with relatively low velocities or depths and by establishing reasonable restrictions on land use in such areas. The FPS district shall be applied to those areas lying within special flood hazard areas designated as Zones AO and AH, and Zone A1-A30 on the Flood Insurance Rate Maps (FIRM), but excluding the floodway on the Flood Boundary Floodway Maps (FBFM), the designated floodway on the State of California's Board of Reclamation's Kern River Designated Floodway Studies, or other maps where engineering studies have been made and adopted by the county board of supervisors. The regulations established by the FPS district shall be in addition to the regulations of the base district with which the FPS district is combined.

B.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or flood heights may be increased by manmade or natural causes, such as bridge openings restricted by debris. This chapter does not imply that areas outside the FPS district or land uses permitted within this district will be free from flooding or flood damages. This chapter shall not create liability on the part of the county of Kern or any officer or employee thereof for any flood damage that may result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Prior code § 7165.01)

Permitted uses in an FPS district are those uses permitted by the base district with which the FPS district is combined, except as prohibited by Section 19.72.040 of this chapter or as modified in accordance with the standards set out in Section 19.72.130 of this chapter.

(Prior code § 7165.02)

Uses permitted with a conditional use permit in an FPS district are those conditional uses permitted by the base district with which the FPS district is combined, except as prohibited by Section 19.72.040 of this chapter or as modified in accordance with the standards set out in Section 19.72.130 of this chapter.

(Prior code § 7165.03)

All other uses not permitted by Section 19.72.020 or 19.72.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited in an FPS district, including the following:

A.

All uses prohibited by the base district with which the FPS district is combined;

B.

All uses that will likely increase the flood hazard or affect the water-carrying capacity of the floodplain beyond the limits resulting from encroachment as specified in Section 19.72.130 of this chapter;

C.

Dumping, stockpiling or storage of floatable substances or other materials which, in the opinion of the Kern County engineering and survey services department, will add to the debris loads of the stream or watercourse;

D.

Storage of junk or salvage operations;

E.

Oil storage tanks or processing equipment, unless floodproofed or sufficiently elevated above the base flood elevation, as determined by the Kern County engineering and survey services department;

F.

Individual sewage disposal systems (e.g., septic tank systems), unless protected by flood control devices approved by the Kern County engineering and survey services department and constructed in accordance with the requirements of the Kern County health department so as to minimize infiltration of floodwaters into the systems and discharges from the systems into the floodwaters;

G.

Sources of water supply (e.g., wells, springs, etc.), unless protected by flood control devices approved by the Kern County engineering and survey services department and constructed in accordance with the requirements of the Kern County health department so as to minimize infiltration of floodwaters;

H.

Any use which endangers the temporary safeguards erected for flood protection;

I.

Tree farming, unless it can be shown to the Kern County engineering and survey services department that the spacing of trees will not affect the water-carrying capacity of the stream beyond limits resulting from encroachment as specified in Section 19.72.130 of this chapter.

(Ord. G-7189 § 78, 2005; Ord. G-6191 § 78, 1995: Ord. G-6077 § 243, 1994: Ord. G-5346 § 81, 1990; prior code § 7165.04)

19.72.050 - Minimum lot size.

Minimum lot size requirements in an FPS district are per the requirements of the base district with which the FPS district is combined.

(Prior code § 7165.05)

19.72.060 - Minimum lot area per dwelling unit.

Requirements for minimum lot area per dwelling unit in an FPS district are per the requirements of the base district with which the FPS district is combined.

(Prior code § 7165.06)

19.72.070 - Yards and setbacks.

Yard and setback requirements in an FPS district are per the requirements of the base district with which the FPS district is combined, except that all development shall be set back a minimum of ten (10) feet from an imaginary plane on a slope of two (2) horizontal to one (1) vertical projected upward from the toe of the existing bank of any watercourse, and sewage disposal systems shall be set back a minimum of one hundred (100) feet from the top of the existing banks of the watercourse. These setback requirements may be reduced if recommended through the preparation of a soils engineering report by a registered civil engineer experienced and knowledgeable in the practice of soils engineering. The report shall be subject to review and approval by the planning department.

(Ord. G-6077 § 244, 1994: Ord. G-4993 § 48, 1989: prior code § 7165.07)

19.72.080 - Height limits.

Height limit requirements in an FPS district are per the requirements of the base district with which the FPS district is combined.

(Prior code § 7165.08)

Requirements for minimum distance between structures in an FPS district are per the requirements of the base district with which the FPS district is combined; however, the floodplain management section of the engineering and survey services department may require a greater minimum distance between structures in order to provide sufficient water-carrying capacity of the floodplain to meet the requirements of Section 19.72.130.

(Ord. G-6077 § 245, 1994: Ord. G-4993 § 49, 1989: prior code § 7165.09)

Parking requirements in an FPS district are per the requirements of the base district with which the FPS district is combined.

(Prior code § 7165.10)

19.72.110 - Signs.

Sign requirements in an FPS district are per the requirements of the base district with which the FPS district is combined, provided that construction of the sign(s) shall comply with the minimum standards set out in Section 19.72.130 of this chapter.

(Prior code § 7165.11)

19.72.120 - Landscaping.

Landscaping requirements in an FPS district are per the requirements of the base district with which the FPS district is combined.

(Prior code § 7165.12)

19.72.130 - Special review procedures and development standards.

All development within the FPS district shall comply with the requirements of the flood damage prevention ordinance (Chapter 17.48 of this code) and the following standards:

A.

Generally, development within the floodplain may not cumulatively increase the base flood elevation at any point more than one (1) foot.

1.

Computations of increased flood heights, caused by development in the floodplain, shall be based upon the reasonable assumption that there shall be an equal loss of conveyance on opposite sides of the stream.

2.

Cases for super critical flow, or where velocity conditions are such that normal encroachment analyses are not possible or inappropriate, the allowable increase of one (1) foot shall be applied to the energy grade line

instead of the base flood elevation.

3.

Cases for over bank velocities exceeding seven (7) feet per second, the floodway boundary shall coincide with the one hundred (100) year floodplain boundaries.

4.

All such computations shall be made or approved by the Kern County engineering and survey services department.

(Ord. G-6191 § 79, 1995: Ord. G-6077 § 246, 1994: Ord. G-4993 § 50, 1989: prior code § 7165.13)

Chapter 19.73 - KERN RIVER CORRIDOR (KRC) COMBINING DISTRICT

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)

19.73.030 - Uses permitted with a conditional use permit.

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)

19.73.100 - Kern River development permit—Required.

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;

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 singlefamily 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)

Chapter 19.74 - SCENIC CORRIDOR (SC) COMBINING DISTRICT

The purpose of the Scenic Corridor (SC) combining district is to designate areas which contain unique visual and scenic resources as viewed from a major highway or freeway wherein the siting of off-site advertising signs needs to be reviewed on a case-by-case basis to safeguard the scenic qualities of the natural environment and the visual qualities of primary entranceways into the county. The regulations established by the SC district shall be in addition to the regulations of the base commercial or industrial zoning district with which the SC district is combined.

(Ord. G-6297 § 57 (part), 1996)

Permitted uses in an SC district are those uses permitted by the base district with which the SC district is combined except for off-site advertising signs.

(Ord. G-6297 § 57 (part), 1996)

19.74.030 - Uses permitted with a conditional use permit.

A.

Off-site advertising signs;

B.

Uses permitted with a conditional use permit in the applicable base district with which the SC district is combined.

(Ord. G-6297 § 57 (part), 1996)

19.74.040 - Prohibited uses.

Prohibited uses in an SC district are those uses prohibited by the base district with which the SC district is combined.

(Ord. G-6297 § 57 (part), 1996)

Minimum lot size requirements in an SC district are per the requirements of the base district with which the SC district is combined.

(Ord. G-6297 § 57 (part), 1996)

Yard and setback requirements in an SC district are per the requirements of the base district with which the SC district is combined.

(Ord. G-6297 § 57 (part), 1996)

Sign requirements in an SC district are per the requirements of the base district with which the SC district is combined and per the off-site advertising sign requirements specified in Section 19.84.050 of this chapter, except that more restrictive requirements may be imposed through the conditional use permit process pursuant to this chapter.

(Ord. G-6297 § 57 (part), 1996)

This chapter shall only apply to those areas where the board of supervisors has adopted an ordinance describing the legal boundaries of the SC district. In the creation of any SC district, the board of supervisors shall find that the proposed SC district is necessary to promote the public welfare by protecting sensitive view sheds from major highways and freeways from the unrestricted development of off-site advertising signs.

(Ord. G-6297 § 57 (part), 1996)

Chapter 19.76 - AIRPORT APPROACH HEIGHT (H) COMBINING DISTRICT

The purpose of the Airport Approach Height (H) combining district is to minimize aviation hazards by regulating land uses, restricting the height of buildings and vegetation, and specifying design criteria necessary to promote aviation safety and to implement the requirements of the adopted airport land use compatibility plan. The H district may be applied to areas within the vicinity of any public or general-use airport as provided for in the airport land use compatibility plan. The standards established by the H district shall be in addition to the regulations of the base district with which the H district is combined.

(Ord. G-7482 § 88, 2007: prior code § 7175.01)

Permitted uses in an H district are those uses permitted by the base district with which the H district is combined, except as provided for in this chapter.

(Ord. G-7482 § 89, 2007: prior code § 7175.02)

Uses permitted with a conditional use permit in an H district are those conditional uses permitted by the base district with which the H district is combined and those uses specified below that are otherwise permitted in the applicable base district that warrant discretionary review and approval to ensure that those uses can be established in such a manner as to minimize risks to aviation and promote public health and safety.

Within airport land use compatibility zone "A," as specified in the adopted airport land use plan, buildings are not permitted, and all proposed uses of land shall require the approval of a conditional use permit pursuant to Chapter 19.104 of this title.

Within airport land use compatibility zones "B-1" and "B-2," as specified in the adopted airport land use plan, the following uses, if permitted in the underlying base zoning district, shall require the approval of a conditional use permit pursuant to Chapter 19.104 of this title:

— Child-care centers

— Rehabilitation facilities

— Retail commercial buildings exceeding ten thousand (10,000) square feet of gross building area

— Food or beverage manufacturing or bottling facilities

• Hotels and motels

— Any multifamily residential, commercial, or industrial building with more than two (2) stories above the native ground level

— Sports arenas and amusement complexes

— Commercial shopping centers exceeding five (5) gross acres in size

— Auditoriums, movie theaters, and community centers

— Residential community care facilities with over six (6) residents

Within airport land use compatibility zone "C," as specified in the adopted airport land use plan, the following uses, if permitted in the underlying base zoning district, shall require the approval of a conditional use permit pursuant to Chapter 19.104 of this title:

— Child-care centers designed to accommodate more than fifty (50) children

— Any multifamily residential, commercial, or industrial building with more than four (4) stories above the native ground level.

(Ord. G-7482 § 90, 2007: prior code § 7175.03)

Prohibited uses in an H district are those uses prohibited by the base district with which the H district is combined and any other use listed below that has been determined to be incompatible within certain compatibility zones as set forth in the adopted airport land use compatibility plan. No use shall be established or maintained on any land included within an H district in such a manner as to create significant electrical interference with radio communications between the airport and aircraft or which make it more difficult for pilots to distinguish between airport lights and other lighting. No use shall be made of any land that impairs pilot visibility of runways or which otherwise endangers the landing, take off, or maneuvering of aircraft.

Within airport land use compatibility zones "B-1," "B-2," and "C," as specified in the adopted airport land use compatibility plan, the following uses, even if otherwise permitted in the underlying base zoning district, are prohibited:

• Public* and private schools

— Hospitals

• Nursing homes, rest homes, or retirement homes

• The acquisition and/or development of a school site within any of the airport land use compatibility zones specified in this subsection is inconsistent with the applicable general or specific plan.

(Ord. G-7482 § 91, 2007; prior code § 7175.04)

Minimum lot size requirements in an H district are per the requirements of the base district with which the H district is combined.

(Prior code § 7175.05)

Requirements for minimum lot area per dwelling unit in an H district are per the requirements of the base district with which the H district is combined.

(Prior code § 7175.06)

Yard and setback requirements in an H district are per the requirements of the base district with which the H district is combined.

(Prior code § 7175.07)

No building, structure, plant or tree in an H district shall exceed thirty-five (35) feet in height, except as may be approved pursuant to Sections 19.76.130 and 19.76.140 of this chapter. However, in no case shall the height exceed the height allowed by the base zone with which the H combining district is combined.

(Prior code § 7175.08)

Requirements for minimum distance between structures in an H district are per the requirements of the base district with which the H district is combined.

(Prior code § 7175.09)

Parking requirements in an H district are per the requirements of the base district with which the H district is combined.

(Prior code § 7175.10)

19.76.110 - Signs.

Sign requirements in an H district are per the requirements of the base district with which the H district is combined.

(Prior code § 7175.11)

Landscaping requirements in an H district are per the requirements of the base district with which the H district is combined.

(Prior code § 7175.12)

19.76.125 - Design standards.

A.

Exterior Lighting. All light standards shall be designed to minimize reflective glare and light-scatter. All light standards employing bare bulb illumination, including floodlighting fixtures, shall be equipped with glare shields and shall be directed downward. Light bulb outlining of buildings by means of neon tubing is permitted only where the amperage does not exceed thirty (30) milliamperes. Light bulb outlining of buildings and structures using incandescent lighting is prohibited. Exposed reflector-type lamps are prohibited. Flashing lights are prohibited, except for lighting approved by or used by a public agency to alert the public to hazardous conditions. Light standards determined to constitute a hazard to air traffic

shall constitute a public nuisance and may be abated pursuant to Chapters 8.44 and 8.54 of the Kern County ordinance code.

B.

Buildings and Structures. All buildings and structures shall have nonreflective surfaces, including roofing materials and any appurtenant equipment installed on the roof of any building. Building and structure surfaces determined to constitute a hazard to air traffic shall constitute a public nuisance and may be abated pursuant to Chapters 8.44 and 8.54 of the Kern County ordinance code.

C.

Electrical or Radio Interference. No use of land within the H district shall result in significant electrical or radio interference with the essential operations of an airport or which pose a navigation hazard to aircraft. Any source of electrical or radio interference determined to constitute a hazard to air traffic shall constitute a public nuisance and may be abated pursuant to Chapters 8.44 and 8.54 of the Kern County ordinance code.

D.

Fuel Storage. The storage of more than two thousand (2,000) gallons of non-aviation liquid fuel or compressed gas within the "B-1" and "B-2" airport land use compatibility zones, as set forth in the adopted airport land use compatibility plan, shall be below ground. Within the "A" airport land use compatibility zone, all non-aviation liquid fuel or gas storage shall be below ground. These fuel storage requirements shall not apply to publicly owned airports. Additionally, the director of the Kern County airports department may waive or modify these requirements on privately owned public use airports, and any such waiver or modification shall be made in writing, a copy of which shall be transmitted to the planning director.

(Ord. G-7482 § 92, 2007)

Except for the construction of single-family dwellings and permitted residential accessory structures on existing lots of record, no use, building, structure, plant, or tree shall be established until an application for site development plan review 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 chapter. Uses requiring approval of a precise development plan or conditional use permit shall not require a separate review as specified by this subsection, provided that the requirements of this chapter are incorporated into the design and approval of the applicable plan or permit.

(Ord. G-7482 § 93, 2007: Ord. G-6077 § 248, 1994: prior code § 7175.13 (part))

An application for site development plan review shall include the following:

A.

Name and address of applicant;

B.

Name(s) and address(es) of the property owner(s);

C.

Assessor's parcel number(s);

D.

Legal description of the property;

E.

For any proposed structure or vegetation that will exceed a height of thirty-five (35) feet, a letter from the Federal Aviation Administration which shall state that the proposed development does not constitute a hazard to air traffic and does not violate any federal regulations. The letter shall also include any special conditions imposed by the Federal Aviation Administration;

F.

A plot plan drawn at the scale specified by the planning director, which includes the following information:

1.

Topography and proposed grading,

2.

Proposed private access drives and parking areas,

3.

Location of all permanent buildings and structures,

4.

Park, open space and recreation areas,

5.

Proposed landscaping,

6.

North arrow;

G.

Elevations of all permanent common buildings.

Prior to the consideration of a development plan pursuant to this section, the development plan shall be submitted to the Kern County airports department and any applicable airport district or operator of a public use airport for review and comment. Comments pertaining to the development plan shall be submitted to the planning director within fifteen (15) days following the receipt of the development plan by the airports department and, if applicable, the airport district or public use airport operator. Approval of a site development plan pursuant to this chapter shall be contingent upon those conditions identified by the planning director, in consultation with the director of the Kern County airports department, any applicable Airport District, or operator of a public use airport, that are deemed necessary to minimize impacts to essential airport operations and to air traffic safety.

(Ord. G-7482 § 94, 2007; Ord. G-6077 § 249, 1994: prior code § 7175.13(A))

19.76.150 - Residential subdivision tract maps.

A.

No residential subdivision tract exceeding an overall density of one (1) dwelling unit per ten (10) acres shall be approved within an airport land use compatibility zone "B-1" and no residential subdivision tract exceeding an overall density of one (1) dwelling unit per two (2) acres shall be approved within an airport land use compatibility zone "B-2' unless:

1.

The existing general or specific plan land use designation predates the adoption of the airport land use compatibility zone (September 23, 1996); or

2.

The site qualifies as an "infill' development, as determined by the planning director, as provided in Section 2.1.4 of the airport land use compatibility zone; or

3.

A cluster plan, approved pursuant to Chapter 19.58 of this title, is approved resulting in an overall density that does not exceed the maximum permitted density specified in this section and which provides for a minimum amount of thirty percent (30%) open space of the gross acreage of the project site which shall be concentrated within the area most proximate to the extension of the applicable runway centerline.

(Ord. G-7482 § 95, 2007)

Chapter 19.78 - INTERIM DISTRICTS

Interim districts are those zoning districts that have been determined by the board of supervisors to be no longer necessary to effect the purposes of the county zoning ordinance. The interim districts are to be replaced by new permanent zoning districts in accordance with the procedures set out in Chapter 19.112 of this title. Until all land in the county designated in any interim district is rezoned to another district, provisions for permitted uses, height, bulk and space standards are regulated by the new standards

established in this title. This chapter identifies the regulations under which use and development of land may occur in any interim district.

(Prior code § 7190.01)

All development in the P district shall comply with the requirements and standards set out in Chapter 19.82 of this title. Permitted uses in the P district shall be limited to the parking of motor vehicles, except that temporary displays of retail equipment or products may be authorized by the planning director if related to an on-site retail business. In conjunction with such approval, the planning director may impose conditions deemed necessary to promote public health, safety, and welfare. Except for parking lot related improvements, no structures or buildings shall be permitted in the P district. Use of the P district for storage uses shall be prohibited.

(Ord. G-6077 § 250, 1994: Prior code § 7190.02)

All development in the MS district shall comply with the requirements and standards set out in Chapter 19.18 (R-1 district), except where property is zoned for lot sizes of one-quarter (¼) acre or greater, in which case the requirements and standards set out in Chapter 19.16 (E district) shall apply. Mobilehome age and installation requirements shall be subject to the standards set out in Chapter 19.62 (MH combining district).

(Ord. G-6191 § 80, 1995: Ord. G-6077 § 251, 1994)

Chapter 19.80 - SPECIAL DEVELOPMENT STANDARDS

Sections:

The purpose of this chapter is to establish reasonable and necessary development standards for singlefamily, 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)

19.80.015 - Development standards—Single-family dwelling districts.

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 singlefamily 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 twentyfive (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 countymaintained 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)

19.80.040 - Plot plan review and approval—Required.

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)

19.80.050 - Plot plan review—Contents.

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))

Chapter 19.81 - OUTDOOR LIGHTING "DARK SKIES ORDINANCE"

19.81.010 - Purpose and application.

A.

Residents in many areas of Kern County currently enjoy a dark night sky and have expressed interest in continued access to natural dark skies. In order to maintain the existing character of Kern County, a minimal approach shall be taken to outdoor lighting, as excessive illumination can create a glow that may obscure the night sky and excessive illumination or glare may constitute a nuisance. The purpose of this chapter is to provide requirements for outdoor lighting within specified unincorporated areas of Kern County in order to accomplish the following objectives:

1.

Encourage a safe, secure, and less light-oriented nighttime environment for residents, businesses, and visitors.

2.

Promote a reduction in unnecessary light intensity and glare, and to reduce light spillover onto adjacent properties.

3.

Protect the ability to view the night sky by restricting unnecessary upward projections of light.

4.

Promote energy conservation and a reduction in the generation of greenhouse gases by reducing wasted electricity that can result from excessive or unwanted outdoor lighting.

B.

The figures/drawings incorporated in this chapter or shown on informational sheets produced by the county of Kern are provided as guidelines for the public and staff to use in meeting the intent of this chapter. The figures serve only as examples. The county of Kern does not endorse or discriminate against any manufacturer or company that may be shown, portrayed, or mentioned as examples.

C.

Should a conflict arise between this chapter and the California Green Building Standards Code, the more restrictive of the two shall apply.

(Ord. No. G-8226, § 84, 11-8-11)

19.81.020 - Definitions.

For the purposes of carrying out the intent of this title, words, phrases, and terms shall be deemed to have the meaning ascribed to them below. In construing the provisions of this title, specific provisions shall supersede general provisions relating to the same subject, and text shall supersede diagrams relating to the same subject. Words, phrases, and terms not defined in this section shall have the meaning commonly or logically associated therewith.

A.

Architectural Feature: Unique roofline, gable, mast, extension, overhang, or other architectural embellishment intended to add architectural interest to a building or structure.

B.

Attached Lighting: A light fixture that is attached to a building or structure. Any light fixture that is directly or indirectly attached to a structure with a diameter and/or width of more than twelve (12) inches is considered attached lighting.

C.

Fixture: A complete lighting unit including the lamp and parts designed to distribute the light, position and protect the lamp, and connect the lamp to a power source. Also referred to as a luminaire. The fixture may include an assembly housing, a mounting bracket or polo socket, lamp holder, ballast, a reflector or mirror, and a refractor or lens.

D.

Floodlight: An outdoor lighting fixture intended to illuminate a large area. Often utilized to broadcast light over a substantial area for security and recreational purposes.

E.

Freestanding Lighting: A light fixture that is not attached to a building or structure. Any light fixture attached to a structure with a diameter and/or width of twelve (12) inches or less (such as a pole) is considered freestanding lighting.

F.

Fully Shielded: An outdoor lighting fixture that is shielded with a non translucent barrier or constructed in such a manner that the light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane passing through the lowest point of the fixture where light is emitted. Light rays emitted by a fully-shielded fixture shall not cast direct light onto any adjacent property other than a common solid fence (See Figures in Section 19.81.040(A).

G.

Glare: A direct and unshielded light striking the eye to result in reduced visual performance.

H.

Incandescent: Light produced by a filament heated to a high temperature by electric current.

I.

Internally Illumined Signage: Sign illuminated by a light source internal to sign enclosure and not directly visible externally.

J.

Lamp/Bulb: A generic term for an artificial light source typically installed in the socket portion of a fixture. Commonly referred to as a bulb.

K.

Light Pollution: Any adverse effect of artificial light sources including, but not limited to, discomfort to the eye or diminished vision due to glare, uncontrolled uplighting, uncomfortable distraction to the eye, or any artificial light that substantially diminishes the view of the night sky.

L.

Lumen: A unit of standard measurement used to describe the amount of light that is produced; a measurement of the brightness/intensity of a light source.

M.

Low Voltage Landscape Lighting: Freestanding electric lighting powered fifteen (15) volts or less and limited to sixty (60) watts or seven hundred fifty (750) lumens, whichever is less, per fixture, for the purpose of illuminating trees, shrubbery, and other natural external elements.

N.

Night Sky: The overhead sky, between dusk and dawn; ideally allows view of stars, despite necessary or desired illumination of private and public property.

O.

Outdoor Lighting Fixture: Any lighting fixture that is installed, located, or used in such a manner to provide illumination of objects or activities outside. Outdoor lighting fixtures include all fixtures mounted to the

exterior of a structure, poles, or other freestanding structures, or placed so as to provide direct illumination on any exterior area or activity.

P.

Outdoor Performance/Sport/Recreational Facilities: Public or private facilities designed for the conduct of sports, leisure activities, and other customary recreational activities.

Q.

Partially Shielded Fixture: A fixture employing a top shield to eliminate all direct upward light, but otherwise does not shield the lamp from view. May allow some light to pass through a semi-translucent barrier, and/or may allow visibility of the lamp/bulb from certain perspectives.

R.

Seasonal Lighting: Seasonal displays of forty-five (45) days or less within one (1) calendar year.

S.

Temporary lighting: means lighting that is intended to be used for a special event for twelve (12) days or less per calendar year.

T.

Uplight: Light emitted from a fixture into the hemisphere at or above the horizontal plane. Uplighting is prohibited, except as permitted by Section 19.81.040(F)

(Ord. No. G-8226, § 84, 11-8-11)

A.

New Outdoor Lighting. All new temporary or permanent outdoor lighting fixtures that is both permitted and installed on and after the effective date of this chapter shall conform to the requirements established by this chapter.

B.

Existing Outdoor Lighting. All existing outdoor lighting fixtures installed prior to the effective date of this chapter shall be addressed as follows:

1.

Legal, nonconforming: All outdoor light fixtures which are existing and legally installed prior to the date of adoption of this chapter are legal, nonconforming uses and are exempt from the requirements of this chapter.

Additions or Alterations to Property: When an addition of fifty percent (50%) or more in terms of additional dwelling units, gross floor area, cumulative seating capacity, parking spaces, either with a single addition or with cumulative additions occurs on any property, all existing nonconforming lighting fixtures on the entire property shall be made to comply with the requirements of this chapter. Additionally, all new outdoor lighting fixtures shall meet the requirements of this chapter.

(Ord. No. G-8226, § 84, 11-8-11)

19.81.040 - General requirements.

The following general standards apply to all outdoor lighting fixtures subject to this ordinance.

A.

Shielding. All outdoor lighting fixtures which utilize one hundred (100) watts or more (based on an incandescent bulb), or emit one thousand six hundred (1,600) lumens or more per fixture, shall be fully shielded per the definition listed in this chapter, unless the fixture is exempted by this chapter. All floodlights which utilize less than one hundred (100) watts per fixture must be at least partially shielded to reduce light spillover onto adjacent properties.

Additionally, the light source (bulb) within all lighting fixtures shall be oriented downward to prevent direct uplighting, except as permitted by Section 19.81.040(F).

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B.

Prohibited Light Source Types. The following exterior light source types shall be prohibited in and within twenty-five (25) feet of all residential zone districts (E, R-1, R-2, and R-3): metal halide, mercury vapor, and quartz.

C.

Maintanence. Outdoor light fixtures shall be kept in good working order and shall be continuously maintained in a manner that serves the original design intent of the system and ensures continued compliance with this chapter.

D.

Fixture Height. All light fixtures that are mounted on a building or structure (attached lighting) and all lighting fixtures that are not attached (freestanding lighting) shall conform to the mounting height limitations as listed in the table below (Table 19.81.050.C.1). Maximum fixture height shall be measured from the finished interior grade of the mounting area to the top point of the lighting fixture.

eight. All light fixtures that are mounted on a building or structure (attached lighting) and all lighting fixtures that are not attached (freestanding lighting) shall conform to the mounting height limitations as listed in the table below (Table 19.81.050.C.1). Maximum fixture height shall be measured from the finished interior grade of the mounting area to the top point of the lighting fixture.

E.

Fixture Types. The following figures illustrate examples of fully shielded and not fully shielded outdoor lighting fixtures. Note: Even those types of fixtures shown as fully shielded must be installed and aimed properly to comply with this chapter.

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F.

Uplighting And Lighting Aimed Against Structures Or Landscaping. Direct upward lighting and lighting aimed against structures shall be prohibited except as follows:

Accent lighting of architectural features: Architectural features may be illuminated by vertical uplighting, provided that no glare or off-site light spillover is produced. Lamps used for this type of accent lighting shall be low intensity to produce a subtle lighting effect and shall utilize less than one hundred (100) watts and shall emit less than one thousand six hundred (1,600) lumens per fixture.

2.

Accent lighting of other objects: For statues, public art, or other objects of interest where the light cannot be effectively contained by the structure and where objects cannot be illuminated with down lighting, upward lighting may be used in the form of narrow-cone spotlights that utilize less than one hundred (100) watts and emit less than one thousand six hundred (1,600) lumens and confine the illumination to the object of interest. Unrestricted uplighting of a displayed United States Flag or the State of California State Flag shall be permitted.

==> picture [84 x 84] intentionally omitted <==

3.

All other lighting aimed against structures: An outdoor lighting fixture may be aimed against a structure only if: (1) the light is effectively contained by the structure; (2) no glare is visible from off site; and (3) the fixture is fully shielded so that none of the light which is emitted above the horizontal plane crosses over the property line of the parcel where the subject light is located.

4.

Low voltage landscape light: Low voltage landscape lighting such as that used to illuminate fountains, shrubbery, trees, walkways, etc., shall be permitted provided that such lighting is limited to fixtures utilizing a maximum of sixty (60) watts (or seven hundred fifty (750) lumens, whichever is or less), per fixture, the fixture is not mounted to poles or buildings, and the fixture is shielded to eliminate glare and light spillover onto adjacent properties.

G.

Outdoor Performance, Sport And Recreational Facilities.

1.

Where playing fields or other special activity areas are to be illuminated by floodlight, lighting fixtures shall be mounted, aimed, and shielded so that their beams fall within the primary playing area and immediate surroundings, and so that off-site light spillover onto any residentially zoned (E, R-1, R-2, R-3) property is minimized. This subsection shall not apply to legal, nonconforming fixtures.

2.

Recreational facilities shall be illuminated for public or private use only when the facility is being utilized, except for security lighting authorized by Section 19.81.040.J. All non-security lighting must be turned off no later than 11:00 p.m. or thirty (30) minutes after the termination of the event and/or use, whichever occurs last. At the conclusion of the event and/or use, a reduced-level lighting system shall be used to facilitate patrons leaving the facility, cleanup, nighttime maintenance, and other closing activities. This subsection shall not apply to legal, nonconforming fixtures and illumination patterns.

H.

New Off-Site And On-Site Outdoor Advertising Signs. New off-site outdoor advertising signs installed after the effective date of this chapter and which include externally mounted light fixtures shall be subject to the following: The externally mounted light fixtures shall be mounted to the top of the adverting structure, shall be oriented downward and shall be fully shielded, except for fixtures utilizing less than one hundred (100) watts and emitting less than one thousand six hundred (1,600) lumens per fixture. Externally mounted light bulbs or lighting tubes that are not filled with neon, argon, or krypton shall not be visible from any portion of an adjacent public right-of-way or adjoining property. Internally illuminated signs shall be exempt from this chapter and shall be regulated as set forth by Chapter 19.84 (Signs) of the Kern County Zoning Ordinance.

I.

Searchlights and Laser Lights.

1.

Searchlights and laser lights may only be utilized in the following circumstances:

a.

As approved in conjunction with a temporary event permit (TEP) issued by the Kern County Planning and Community Development Department pursuant to Section 19.08.340.

b.

In conjunction with grand openings where a TEP is not required. A grand opening shall commemorate an initial building or project opening, a change in ownership of an exiting business, or remodel/enlargement of over fifty percent (50%) of the floor area or a new business in an existing building. Use of a searchlight or laser light in conjunction with a grand opening shall not exceed a combined total of three (3) days in any calendar year.

c.

In emergencies, by/at the direction of sheriff/fire or other emergency personnel.

J.

Hours Of Operation (Curfew) And Security Lighting.

Outdoor light fixtures located anywhere within a residential zone district (E, R-1, R-2, R-3) or within any other zone district where the new fixture is located within twenty-five (25) feet of an existing single-family residence, shall adhere to the following:

a.

Lighting fixtures (such as carriage lights, under-eave lights and porch lights) that utilize less than one hundred (100) watts and emit less than one thousand six hundred (1,600) lumens per fixture and that do not project light above the horizontal plane shall not be subject to an illumination curfew.

b.

Security lighting fixtures that utilize one hundred (100) watts or more (or emit one thousand six hundred (1,600) lumens or more) shall be controlled by a motion-sensor device if used after 11:00 p.m., and the fixture shall only be illuminated when activated by the device. The motion sensor device shall be

programmed so that the fixture remains illuminated for no more than ten (10) minutes if activated by the device. Each fixture shall conform to all other provisions of this chapter, including shielding requirements.

c.

All other non-exempt outdoor lighting fixtures shall be turned off between the hours of 11:00 p.m. and sunrise.

2.

Outdoor lighting fixtures located outside of a residential zone district (E, R-1, R-2, R-3), or located more than twenty-five (25) feet from any existing single-family residence within any other zone district shall adhere to the following:

a.

All lighting fixtures shall be subject to the shielding provisions as listed in Section 19.81.040 of this chapter.

b.

Lighting fixtures listed under this provision shall not be subject to an illumination curfew.

(Ord. No. G-8226, § 84, 11-8-11)

The following are permanently exempt from the provisions of this chapter:

1.

Outdoor lighting specifically approved in conjunction with a discretionary permit.

2.

Federal and State Facilities: Outdoor light fixtures on, in, or in connection with facilities and land owned or operated by the government of the United States of America or the State of California; however, these

agencies are encouraged to comply with the provisions of this chapter.

3.

Airports and Other Lighting Required by the Federal Aviation Administration: Outdoor lighting for public and private airports and any other uses that are regulated by the Federal Aviation Administration.

4.

Correctional Institutions: Outdoor lighting for federal, state, and county-owned or operated correctional institutions; however, voluntary compliance with the intent and provisions of this chapter is encouraged.

5.

Emergency Light: Temporary emergency lighting needed by the sheriff's department, police department, fire department, public utility, rescue operation or in conjunction with any other emergency service.

6.

Temporary Construction: All temporary lighting used for the construction or repair of roadways, utilities, and other public infrastructure.

7.

Internally Illuminated Signs: All internally illuminated signs, including those used for on-site and off-site advertising purposes. Such signs are regulated by the provisions of Chapter 19.84 (Signs) of the Kern County Zoning Ordinance.

8.

Neon, Argon, or Krypton: All fixtures illuminated solely by neon, argon, or krypton.

9.

United States Flag and State of California Flag: Lighting used to illuminate a properly displayed United States Flag and/or the State of California Flag.

10.

Lighting Required by Building Codes or other Regulations: Communication towers, exit signs, lighting for stairs/ramps, lighting for points of ingress/egress to buildings, and all other illumination required by air navigation safety provisions, building codes, OSHA standards, and other permitting requirements from State or federal agencies.

11.

Fossil Fuel Light: All outdoor light fixtures producing light directly by the combustion of fossil fuels (such as kerosene lanterns, gas lamps, etc.)

Street Lighting: Lighting equipment within a public or private right-of-way or easement for the principal purpose of illuminating streets, roadways, and/or other areas open to transport by vehicle or pedestrian traffic.

13.

Seasonal Displays: Displays using multiple low wattage bulbs or lasers, provided that they do not constitute a fire hazard, create a nuisance, and are maintained in a safe condition. Such displays shall not be illuminated for more than forty-five (45) days per calendar year.

14.

Water Features: Lighting in swimming pools and other water features governed by Article 680 of the National Electrical Code.

15.

Temporary Event Lighting: Temporary lighting for special events that does not conform to this chapter shall be reviewed as part of an application for a Temporary Event Permit (TEP), pursuant to Chapter 19.08.340 of the Kern County Zoning Ordinance. Any temporary lighting exemption approved via the TEP process shall be utilized for a period of time that exceeds a combined total of twelve (12) combined days on any one (1) parcel during a calendar year. Exemptions are renewable for a period of not more than twelve (12) additional combined days. Requests for renewal of a temporary exemption shall be processed in the same manner as the original request. No outdoor light fixtures shall be exempted from this chapter for more than twenty-four (24) days combined during a calendar year.

16.

Steeples: Lighting used to illumination the tall ornamental tower that forms the superstructure of a church, temple, office building, etc., shall be exempt from this chapter.

17.

Temporary Agricultural Activities: Lighting used to illuminate temporary agricultural activities such as harvesting on property zoned A (Exclusive Agriculture) or A-1 (Limited Agriculture) and lasting no more than twelve (12) consecutive days and no more than twenty four (24) combined days on any one (1) parcel during a calendar year.

(Ord. No. G-8226, § 84, 11-8-11; Res. No. 2020-116, § 2, 5-19-20; Ord. No. G-8992, § 22, 3-8-21)

19.81.060 - Outdoor lighting plans.

A.

An outdoor lighting plan shall be submitted in conjunction with any application for a building permit within a commercial or industrial zone district (CO, CH, C-1, C-2, M-1, M-2, M-3) where new outdoor lighting fixtures will be installed as a part of the project for which the building permit is required. At minimum, an outdoor lighting plan shall include the following:

1.

Manufacturer specification sheets, cut sheets, or other manufacturer provided information for all proposed outdoor lighting fixtures to show fixture diagrams, light source type, and light output levels (in watts or lumens per fixture).

2.

The proposed location, mounting height, and aiming point of all outdoor lighting fixtures (a site plan is preferred).

3.

If building elevations are proposed for illumination, the plan shall include drawings for all relevant building elevations showing the placement of fixtures, the portions of the elevations to be illuminated, and the aiming point for any remote light fixture.

4.

The outdoor lighting plan shall be correlated with any required landscaping plan that is submitted with the building permit application package and shall demonstrate that outdoor lighting shall not be unreasonably obscured or obstructed by existing or future foliage growth.

B.

The above required plans and descriptions shall be sufficiently complete to enable the Kern County Engineering, Surveying, and Permit Services Department to readily determine whether the proposal is in compliance with this chapter. If such plans and descriptions do not enable this determination, the director of that department may require additional information following the initial outdoor lighting plan submittal, including but, not limited to; a written narrative to demonstrate the objectives of the lighting and manufacturer data as determined by that department as being necessary to determine compliance with the provisions of this chapter.

(Ord. No. G-8226, § 84, 11-8-11)

A.

All outdoor lighting fixtures installed after the effective date of this chapter shall conform to the

requirements established by this chapter. It shall be unlawful and a nuisance to install or operate any new outdoor lighting fixture in violation of this chapter.

B.

Complaints: Complaints alleging noncompliance with the provisions of this chapter shall be filed with the Kern County Engineering, Surveying, and Permit Services Department/Code Compliance Division. Complaints shall be filed in writing and shall specifically cite the applicable provisions of this chapter for

which the complaint is submitted. Photographic evidence to support the alleged noncompliance may be submitted with written complaints.

(Ord. No. G-8226, § 84, 11-8-11)

A.

Any person desiring to install or operate an outdoor lighting fixture in such a manner that is not permitted by this chapter may apply for relief from the regulation in question. Any such request shall include the following:

Exceptions: The applicant shall submit a written request to the planning director. The request shall include a written description of the proposed lighting, shall address the need for the lighting, shall describe the type of shielding to be utilized, if any, and a shall include a statement as to how the lighting fixture will be made to comply with the overall objectives of this chapter. The written statement shall be accompanied by photographs of any affected existing lighting fixtures and a filing fee of two hundred fifty dollars ($250.00). In the case of new lighting fixtures, the request shall include a copy of the manufacturer's specifications. Upon a determination that sufficient information has been submitted to adequately consider the requested exception, the exception shall be considered generally according to the procedures set out in Sections 19.102.080, 19.102.100, 19.102.110, and 19.102.120 of the Kern County Zoning Ordinance, and as set forth below:

1.

Not fewer than seven (7) days prior to the date on which the decision will be made regarding issuance of the exception, a notice of opportunity for public hearing shall be sent by mail or delivered to the property owners of all parcels which abut the exterior boundaries of the property for which the exception is being requested. No hearing on the application shall be held before a decision is made unless a hearing is requested by the applicant tor other affected person.

2.

If a public hearing is requested by the applicant or other affected person, a notice of public hearing shall be sent by mail or delivered to all property owners of property located within a one hundred (100) foot radius of the exterior boundaries of the property for which the exception is being requested, so that the request can be considered at a hearing to be held by the planning director. The application shall be scheduled for consideration at the next available hearing that would allow for adequate time for public advertisement of the project. After considering input at a public hearing, the planning director shall render a decision in accordance with Section 19.102.100 of the Kern County Zoning Ordinance, subject to the findings specified in subsection (B) of this section.

B.

An exception shall only be granted if it is determined that strict application of the requirements of this chapter will create an undue hardship on the applicant and it can be determined that the objectives of this chapter will still be realized in granting the exception.

C.

Appeals: Any affected party may appeal the decision of the planning director to the board of supervisors as provided for in Section 19.102.110 of the Kern County Zoning Ordinance.

(Ord. No. G-8226, § 84, 11-8-11)

Chapter 19.82 - OFF-STREET PARKING

The purpose of this chapter is to reduce street congestion and promote the safety and convenience of the residents of Kern County by requiring the provision of adequate and well-designed parking in connection with the land uses authorized by this title. Parking required by this chapter shall be provided at the time any main building or structure is erected or enlarged, or use is established, changed or expanded. Development involving individual or cumulative expansion constituting fifty percent (50%) or more of the development existing on the effective date of this chapter shall comply with the off-street parking requirements of this chapter for both the existing and new development, except that existing parking facilities shall be exempt from the landscaping requirements. The standards in this chapter are minimum standards.

(Prior code § 7220.01)

Uses permitted by this chapter shall provide off-street parking spaces according to the following schedule:

A.

Residential Uses.

1.

Accessory dwelling unit: One (1) per bedroom, not to exceed two (2) per unit or as otherwise provided for in Chapter 19.90.

2.

Boarding house, rooming house, residential hotel, fraternity or sorority house, or dormitory: One (1) per bedroom.

3.

Duplex, triplex, quadruplex, multifamily dwelling, or condominium: One (1) per efficiency unit, studio, or one-bedroom unit, and, for complexes consisting of five (5) or more units, an additional space for every five (5) such units for guest parking; two (2) per unit for each unit containing two (2) or more bedrooms, and, for complexes consisting of five (5) or more units, an additional space for every ten (10) such units for guest parking.

4.

Mobilehome and recreational vehicle park: Two (2) spaces per designated mobilehome space and one (1) space per every five (5) designated mobilehome spaces for guest parking; one (1) space per every designated recreational vehicle space.

5.

Retirement or rest home, transitional housing facility, supportive housing facility or emergency shelter: One (1) per four (4) resident beds.

6.

Single-family dwelling or mobilehome: Two (2) per dwelling unit.

B.

Recreation, Entertainment, and Tourist Facilities.

1.

Ballfield: Ten (10) per diamond,

2.

Batting cage: One (1) per cage,

3.

Bowling alley: Four (4) per lane,

4.

Dance hall, ballroom, or discotheque: One (1) per thirty (30) square feet of gross building area,

5.

Golf course: Three (3) per hole,

6.

Golf driving range: One (1) per tee,

7.

Hotel or motel: One (1) per room plus two (2) for the manager's quarters and one (1) per full-time staff member,

8.

Miniature golf course: Two (2) per hole,

Movie theater: One (1) per three (3) seats,

10.

Pool and billiard parlor: Two (2) per pool or billiard table,

11.

Skateboard parks: One (1) per five hundred (500) square feet of use area,

12.

Shooting range or gun club: One (1) per shooter station,

Soccer fields: Twenty (20) per field,

14.

Sports arena: One (1) per three and one-half (3 ½) seats,

15.

Swimming pool: One (1) per one hundred (100) square feet of pool and deck area plus bicycle parking racks containing a minimum of ten (10) spaces,

16.

Tennis club or health club: One (1) per one hundred (100) square feet of open indoor recreational area plus two (2) per tennis or racquetball court,

17.

Video games arcade: One (1) per one hundred (100) square feet of gross building area plus bicycle parking racks containing a minimum of ten (10) spaces,

C.

Offices.

1.

Business or professional office: One (1) per two hundred fifty (250) square feet of gross building area,

2.

Financial institution, including bank, savings and loan or credit union: One (1) per two hundred (200) square feet of gross building area,

Medical or dental office, veterinary office, clinic: One (1) per two hundred (200) square feet of gross building area;

D.

General Retail Sales.

1.

Auto sales: One (1) per two thousand (2,000) square feet of sales area plus one (1) per two hundred fifty (250) square feet of office area,

2.

Bar, tavern or cocktail lounge: One (1) per seventy-five (75) square feet of gross building area,

3.

Cardroom: One (1) per three (3) seats or one (1) per one hundred (100) square feet of gross building area, whichever is greater,

4.

Convenience store: One (1) per two hundred (200) square feet of gross building area,

5.

Convenience store with fast-food drive-thru: One (1) per one hundred fifty (150) square feet of gross building area,

6.

Furniture store: One (1) per five hundred (500) square feet of gross building area,

7.

General retail: One (1) per two hundred fifty (250) square feet of gross building area,

8.

Nursery, retail: One (1) per two hundred fifty (250) square feet of indoor display area plus one (1) per two thousand (2,000) square feet of outdoor sales area,

9.

Heavy equipment, recreational vehicles or truck sales: One (1) per two thousand (2,000) square feet of sales area plus one (1) per two hundred fifty (250) square feet of office area,

10.

Restaurant, cafe or coffee shop: One (1) per one hundred (100) square feet of gross building area,

11.

Restaurant, delivery only, where no seating area is provided: One (1) per two hundred fifty (250) square feet of gross building area,

12.

Restaurant, fast food: One (1) per seventy-five (75) square feet of gross building area,

13.

Shopping center: One (1) per two hundred (200) square feet of gross floor area, or the sum of individual tenant parking space requirements, whichever is less;

E.

Services.

1.

Auto repair, tire sales and service: One (1) per three hundred (300) square feet of gross building area,

2.

Barber or beauty shop: One (1) per one hundred (100) square feet of gross building area or one (1) per chair, whichever is less,

3.

Equipment rental: One (1) per two thousand (2,000) square feet of outside display area or storage area plus one (1) per two hundred fifty (250) square feet of office area plus one (1) per five hundred (500) square feet of inside display area,

4.

Laundromat, self-service: One (1) per three (3) washing machines,

5.

Mini-warehouse: Three (3) plus one (1) for each two hundred (200) units or portion thereof plus two (2) per residence or manager's living quarters plus one (1) per two hundred fifty (250) square feet of office area,

6.

Mortuary or funeral parlor: One (1) per three and one-half (3½) seats or one (1) per forty (40) square feet of assembly area, whichever is less,

7.

Video rental: One (1) per one hundred (100) square feet of gross building area;

F.

Industrial Uses.

1.

Contractor storage yard: One (1) per five thousand (5,000) square feet of lot area,

2.

Manufacturing or assembly: One (1) per five hundred (500) square feet of floor area plus one (1) per two hundred fifty (250) square feet of office area,

3.

Warehouse or wholesale distribution: One (1) per one thousand (1,000) square feet of storage area for the first ten thousand (10,000) square feet, one (1) per three thousand (3,000) square feet thereafter plus one (1) per two hundred fifty (250) square feet of office area;

G.

Institutional Uses.

1.

Auditorium: one (1) per three and one-half (3½) seats,

2.

Cemetery: one (1) per three and one-half (3½) seats in the chapel plus one (1) per two hundred fifty (250) square feet of office space,

3.

Church or auditorium: one (1) per three and one-half (3½) seats,

4.

Community care facilities and rehabilitation facilities: one (1) per three (3) beds, plus one (1) for each fulltime employee on the shift with the largest number of employees,

5.

Convalescent hospital or sanitarium: one (1) per four (4) patient beds,

6.

Hospital: one (1) per two (2) patient beds,

7.

Library or museum: one (1) per five hundred (500) square feet of public use area,

8.

Meeting halls and other places of public assembly where no fixed seating is provided: one (1) per forty (40) square feet of gross floor area;

H.

Educational Institutions and Schools.

1.

College, business school, trade school: One (1) per employee plus one (1) per two (2) students at full enrollment,

2.

Dance or karate school: One (1) per three hundred (300) square feet of gross building area,

3.

Elementary and junior high school: One (1) per employee plus one (1) per twenty (20) students at full enrollment,

4.

High school: One (1) per employee plus one (1) per eight (8) students at full enrollment,

I.

Miscellaneous Uses.

1.

Child care center or preschool: One (1) per eight (8) children for which the facility is licensed plus one (1) per employee;

J.

Where the calculation of parking needs results in the requirement for a fraction of a parking space, the additional parking space shall be provided;

K.

Floor area shall mean gross floor area unless otherwise specified;

L.

Where a proposed use is not listed in this section, the planning director shall determine parking needs based on the listed use which most nearly resembles the proposed use;

M.

Where parking requirements are based on the number of seats, eighteen (18) inches of pew or bench seating shall be equivalent to one (1) seat;

N.

Where no fixed seating is provided, seven (7) square feet of floor space shall be equivalent to one (1) seat.

O.

In conjunction with a drive-through restaurant or coffee shack, a credit of two (2) parking spaces may be applied to the applicable off-street parking requirement.

P.

In conjunction with a convenience market that also provides gasoline service, a credit of one (1) space may be applied to each gasoline pump.

Q.

Where a lot contains a use with existing legal nonconforming parking, no additional parking shall be required unless there is a change of use, a new building proposed or an existing building or use is enlarged. Parking shall then be assessed as follows:

1.

When there is change in use to another use with the same or lesser amount of required parking, no additional parking is required, except that as may be necessary to comply with the handicapped parking requirements of Section 19.82.050.

2.

When new buildings or building additions are proposed, only the gross square footage of the new building area shall be subject to the requirements of this chapter.

3.

If a new building will replace an existing building not associated with a change in use of the property and for which parking has been determined to be legal nonconforming, the planning director may authorize a credit of up to the amount of parking provided for the amount of square footage associated with the historical use to be applied to the new building.

(Ord. G-7189 §§ 80, 81; Ord. G-6967 §§ 25, 26, 2003; Ord. G-6864 § 61, 2002; Ord. G-6641 §§ 37, 18, 1999; Ord. G-6551 § 89, 1998; Ord. G-6297 § 58, 1996; Ord. G-6191 §§ 81, 82, 1995; Ord. G-6077 § 261, 1994: Ord. G-5861 § 26, 1992; Ord. G-5803 § 46, 1992; Ord. G-5346 § 87, 1990; Ord. G-4832 § 166, 1988; prior code § 7220.02)

(Ord. No. G-7821, §§ 64—67, 1-27-09; Ord. No. G-8226, § 85, 11-8-11; Ord. No. G-8725, § 18, 7-11-17)

19.82.030 - Parking space dimensions.

All parking spaces shall be at least nine (9) feet by twenty (20) feet, except that:

A.

Compact automobile parking spaces shall be at least eight (8) feet by sixteen (16) feet.

B.

Handicapped automobile parking spaces shall comply with the requirements of Chapter 2-71 of Title 24 of the California Administrative Code.

C.

Where a raised curb or wheel blocks are provided, parking spaces may be permitted a two (2) foot overhang, except where such an overhang would interfere with the use of a pedestrian walkway or landscape planter, as determined by the planning director.

D.

Parallel spaces shall be at least nine (9) feet by twenty-two (22) feet.

E.

Motorcycle parking spaces shall be at least four (4) feet wide by eight (8) feet deep.

F.

Loading spaces, when required, shall have a minimum length of thirty-five (35) feet, a minimum width of ten (10) feet, and a minimum vertical clearance of fourteen (14) feet, except the minimum length for the first such space required shall be twenty-five (25) feet and the minimum vertical clearance shall be twelve (12) feet.

(Ord. G-6077 § 262, 1994: Ord. G-5684 § 81, 1991: prior code § 7220.03)

(Ord. No. G-7821, § 69, 1-27-09)

19.82.040 - Compact car and motorcycle parking.

A.

Up to twenty percent (20%) of the spaces in a parking facility with ten (10) or more spaces may be designed and designated for compact cars.

B.

Up to two percent (2%) of the spaces in a parking facility with fifty (50) or more spaces serving nonresidential uses may be designed and designated for motorcycle parking.

(Prior code § 7220.04)

(Ord. No. G-7821, § 70, 1-27-09)

A.

Parking spaces for the handicapped shall be provided and designed in accordance with the requirements of Title 24 of the California Administrative Code and all applicable federal requirements.

B.

All handicapped parking spaces and access between the handicapped parking spaces and the primary entrances of associated buildings or facilities shall be surfaced in a manner to facilitate wheelchair use.

(Ord. G-6297 § 60, 1996: Ord. G-5346 § 89, 1990; Prior code § 7220.05)

A.

For every building or facility occupied by manufacturing, storage, warehouse, wholesale or retail store, market, passenger terminal, apartment complexes consisting of more than fifty (50) dwelling units, theater, hotel, motel, restaurant, hospital, laundry, dry cleaning plant, or similar use requiring the receipt or distribution of vehicles or merchandise, adequate space for standing, loading, and unloading shall be provided and maintained on the same lot in addition to the automobile parking required by Section 19.82.020 of this chapter.

B.

Freight loading space requirements are as follows:

(Prior code § 7220.06)

(Ord. No. G-7821, § 71, 1-27-09)

Required residential off-street parking facilities shall be located on the premises they are intended to serve. Off-street parking for other than residential uses shall be located on the premises they are intended to serve or within five hundred (500) feet thereof. Where required parking is provided on a site other than that of the principal use, the property owner shall file with the Kern County recorder's office a covenant, on a form provided by the Kern County planning department and approved by the planning director, that provides for the maintenance of the parking facility as long as the associated principal use is maintained. Approval of the covenant shall be subject to the applicant's submittal of a detailed plot plan of the site upon which the additional parking will be provided. The plan shall illustrate that any required parking at that site will not be reduced. All required off-street parking spaces shall be designed, located, constructed and maintained so as to be fully and independently usable and accessible at all times, except as provided for in Section 19.82.090(D).

(Ord. G-6077 § 263, 1994: Ord. G-5803 § 48, 1992: Ord. G-5684 § 82, 1991: Prior code § 7220.07)

If more than one (1) use required to provide parking spaces in accordance with this chapter occupies the same building or premises, off-street parking shall be provided in an amount equal to the total number of spaces required for the separate uses, provided, however, that upon written request the planning director can reduce the number of spaces required in such cases by up to twenty percent (20%) if he/she determines that it is unlikely the combination of uses in the same building or premises will at periods of peak use necessitate provision of the number of parking spaces that would be required if the uses were developed independently. The parking space requirement for the primary use shall be calculated as specified in Section 19.82.020. No reduction shall be permitted for the number of parking spaces required for the primary use, as determined by the planning director.

(Ord. G-6077 § 264, 1994: Ord. G-5684 § 83, 1991: Prior code § 7220.08)

Off-street parking areas required to be provided by this chapter shall be designed and developed in accordance with the following standards:

A.

All off-street parking areas and ingress and egress to parking areas shall be surfaced with the following materials:

1.

For all residential, recreation, entertainment and tourist facilities, commercial, industrial, institutional and other high-intensity uses in any Type A improvement area (see Appendix), parking areas shall be surfaced with one (1) of the following materials on a prepared base:

a.

Two (2) inches of asphaltic concrete,

b.

Three and one-half (3½) inches of portland cement concrete;

2.

Except as specified by Chapter 19.80 of this title, for all uses in any other area, the required parking areas shall be surfaced with one (1) of the following materials:

a.

Three (3) inches of bituminous road mix,

b.

Two (2) inches of asphaltic concrete,

c.

Three and one-half (3½) inches of Portland cement concrete,

d.

Three (3) inches of decomposed granite,

e.

Three (3) inches of compacted rock dust,

f.

Three (3) inches of gravel;

3.

All required surfacing shall be continuously maintained in good condition, as determined by the planning director;

4.

Driveways serving single-family residential dwellings are exempt from the paving requirements specified in subsections (1) and (2) of this section if greater than one hundred (100) feet in length. The required parking area is still subject to the aforementioned paving provisions;

5.

In the case of uses subject to discretionary approval, the required parking areas shall be surfaced with the materials specified in accordance with the conditions of approval.

B.

Parking aisles shall comply with the following minimum standards (see Figures 19.82.090 (B)(1) through (B) (4)):

C.

All parking spaces shall be clearly marked. Where paved parking is required, all parking spaces shall be designated by white painted stripes, except for parking spaces serving a single-family residence; and concrete wheel blocks or a six (6) inch raised A.C. curb shall be installed at each parking space that abuts a structure or property line, except for parking spaces that serve a single-family residence, or as otherwise required by the planning director.

D.

Off-street parking facilities shall be designed so that each space can function independently of any other parking space, except in the case of lots containing up to two (2) dwelling units. Required off-street parking spaces serving commercial and industrial buildings shall not abut roll-up doors or any other doorway or opening that would conflict with the proposed use of the building.

E.

Driveways for residential developments shall be a minimum of fourteen (14) feet (includes three (3) foot taper on each side) in width with fifteen (15) feet of unobstructed vertical clearance. Driveways for

commercial and industrial developments shall be a minimum of eighteen (18) feet (includes three (3) foot taper on each side) in width with fifteen (15) feet of unobstructed vertical clearance. These requirements may be reduced by the planning director upon recommendation of the Kern County fire chief.

F.

Parking spaces requiring backing into a street or road right-of-way are prohibited, except in the case of driveways for lots containing two (2) or fewer dwelling units. For lots containing a third dwelling unit for which access is taken from other than an arterial or collector road, direct backing into a street or road rightof-way may be authorized by the roads department.

G.

In no case shall any parking be located within an existing right-of-way, proposed secondary or major highway, or within an adopted official or specific plan line and, except in the case of lots containing only one (1) single-family dwelling or mobilehome and lots zoned for commercial and industrial purposes, offstreet parking may not be located in a required front-yard or required side-yard setback abutting a street.

H.

Where a parking facility containing five (5) or more spaces or a drive aisle which abuts property zoned E, R- 1, R-2, or R-3, the parking facility shall be separated from the abutting property by a solid masonry wall six (6) feet in height, except that from the front property line to a depth equal to the required front yard on the abutting residentially zoned property, the wall shall be four (4) feet in height.

I.

For all parking lots containing ten (10) or more spaces, at least five percent (5%) of the total interior area devoted to parking shall be landscaped. Trees shall be planted and maintained throughout the parking area at a minimum ratio of one (1) tree per six (6) parking spaces placed at a maximum of sixty-five- (65-) foot intervals. Minimum tree size shall be fifteen (15) gallon container. An irrigation system adequate for the maintenance of the landscaping shall be installed.

J.

Where a parking facility containing five (5) or more spaces includes diagonal or perpendicular parking spaces that abut a public street or road, an ornamental fence, wall, evergreen landscaping or berm, or any combination of the above, of not more than four (4) feet in total height shall be erected between the parking facility and the street or road to eliminate headlight glare. (See Figure 19.82.090(J).)

K.

Lights used to illuminate parking area shall be directed away from any adjacent properties and streets.

(Ord. G-6864 § 63, 2002; Ord. G-6077 §§ 265—268, 1994; Ord. G-5684 §§ 84—86, 1991; Ord. G-5346 § 91, 1990; Ord. G-4832 § 167, 1988; Prior code § 7220.09)

(Ord. No. G-7821, §§ 72—75, 1-27-09)

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19.82.100 - Off-street parking plot plan review—Required.

No use shall be established or changed, no development shall occur or be expanded, and no building or grading permit or business license for any use or development shall be issued until an application for plot plan review has been submitted to and approved by the planning director.

(Ord. G-6077 § 270, 1994: Prior code § 7220.10 (part))

The application for a plot plan review shall contain the following:

A.

Name and address of the applicant;

B.

Name(s) and address(es) of the property owner(s);

C.

Assessor's parcel number(s);

D.

Legal description of the property;

E.

A plot plan drawn at the scale specified by the planning director, including the following:

1.

Topography and proposed grading,

2.

Location of existing buildings and structures where such buildings and structures are to remain,

3.

Location of proposed buildings and structures,

4.

Proposed uses of all buildings or structures,

5.

Dimensions of the existing and proposed buildings or structures or other information (e.g., seating capacity) of the proposed buildings allowing the planning director to determine parking needs in accordance with the requirements set out in Section 19.82.020 of this chapter,

6.

Layout of proposed parking lot, including location of parking spaces, internal circulation pattern, and ingress and egress points,

7.

Dimensions of parking stalls and aisles,

8.

Location of landscaping and irrigation system, including identification of plant materials to be used,

9.

Location of lighting,

North arrow.

(Ord. G-6077 § 271, 1994: Prior code § 7220.10(A))

19.82.120 - Application review and approval.

A.

Where a discretionary or ministerial approval is required for the use or uses for which the parking is being provided, the off-street parking plot plan application shall be reviewed and approved in conjunction with that discretionary or ministerial approval process. No plot plan application shall be required for lots containing only one (1) single-family dwelling.

B.

Where no discretionary or other ministerial approval is required for the use or uses for which parking is being provided, the off-street parking plot plan application shall be reviewed and approved in accordance with the standards and procedures set out in Sections 19.102.040 through 19.102.060 of this title.

(Ord. G-4832 § 168, 1988; Prior code § 7220.10(B))

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

(Prior code § 7220.10(C))

Chapter 19.84 - SIGNS

The purpose of this chapter is to promote the orderly and attractive construction, placement and display of signs throughout the county. It is the policy of the county that the primary purposes of signs are identification and public information. Signs that cause distraction and represent potential safety hazards as well as aesthetic problems are either discouraged or prohibited. These general provisions serve as specific development standards to be applied in addition to the basic sign provisions within each zoning district.

(Prior code § 7225.01)

19.84.020 - Design and development standards—Monument signs.

Freestanding monument signs shall comply with the following standards:

A.

No monument sign shall be located within any existing or designated future road right-of-way line.

B.

The maximum height of the monument sign shall be eight (8) feet as measured from grade level.

C.

Monument signs shall be a minimum of twenty (20) feet apart, including from existing monument signs on adjacent lots.

D.

Lighting of monument signs shall be arranged so as not to produce a glare on other properties in the vicinity.

(Ord. G-6077 § 272, 1994; Ord. G-5346 § 93, 1990; Prior code § 7225.02(A))

19.84.030 - Design and development standards—Pole signs.

Freestanding pole signs shall comply with the following standards:

A.

The maximum area of a pole sign shall not exceed two hundred (200) square feet per side, except as otherwise specified in the applicable base district.

B.

Pole signs shall be located so that no part of the sign extends into any existing or proposed street right-ofway line.

C.

The maximum height of a pole sign shall be twenty-four (24) feet, except as otherwise specified in the applicable base district.

D.

Pole signs be a minimum of twenty (20) feet apart, including from existing pole signs on adjacent lots.

E.

Lighting of pole signs shall be arranged so as not to produce a glare on other properties in the vicinity.

(Ord. G-5966 §§ 127, 128, 1993; Ord. G-5346 § 95, 1990; Prior code § 7225.02(B))

19.84.040 - Design and development standards—Signs attached to buildings.

Signs attached to a building or wall shall comply with the following standards:

A.

All signs attached to a building shall be attached flat against the building and parallel thereto and shall not extend more than eighteen (18) inches from the wall of the building. For the purpose of this subsection, a wall is a surface not less than sixty (60) degrees from the horizontal. Exceptions to this provision are as follows:

1.

Signs may be attached to a building providing that the sign does not exceed ten (10) feet in height and that the sign does not project above the peak of the roof of the building.

B.

Lighting of signs attached to buildings shall be arranged so as not to produce a glare on other properties in the vicinity, and the source of light shall not be visible from adjacent property or a public street.

C.

Sign copy which is applied on the building in such a manner that no background is distinguishable from the overall architectural motif of the building shall be counted at seventy-five percent (75%) of the area within straight lines enclosing the copy. All other signs shall be computed at one hundred percent (100%) (See Figure 19.84.040.)

(Ord. G-6191 § 84, 1995: Ord. G-5966 § 130, 1993: Prior code § 7225.02(C))

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19.84.050 - Design and development standards—Off-site advertising signs.

Off-site advertising signs shall comply with the following standards:

A.

Except as otherwise indicated, the total area of any face of any off-site advertising sign shall not exceed seven hundred (700) square feet nor shall the sign face exceed the length of fifty (50) feet, nor the height of sixteen (16) feet. In no case shall a sign face be taller than it is wide, nor shall the square footage exceed the amount specified by the sign regulation of the zoning district in which the sign is to be located. The total area of any face of any off-site advertising sign shall not exceed three hundred (300) feet within the boundaries of the Metropolitan Bakersfield General Plan area. Off-site advertising signs within the Metropolitan Bakersfield General Plan area that are located on lots adjacent to a state freeway and which are designed to be read from that freeway shall be excluded from the three hundred (300) square-foot restriction.

B.

No more than two (2) sign faces per outdoor advertising structure shall be permitted. Back-to-back and V- type signs shall be allowed provided that they are on the same structure, and are of uniform size and further provided that the V-type display has separation between sign faces of not more than thirty degrees (30°). Any single sign face may contain multiple advertisements.

C.

Each off-site advertising sign shall be located not less than one thousand (1,000) feet from any other offsite advertising sign located on the same side of the street or highway. On lots with multiple street frontages, the one thousand (1,000) foot setback requirement shall be measured radially. No off-site advertising sign shall be located within one thousand three hundred twenty (1,320) feet of the business or activity which it advertises. No off-site advertising may be located closer than twenty-five (25) feet from any other type of business identification sign. In no case shall an off-site advertising sign be located within five (5) feet of an interior side or rear property line.

D.

A legally installed off-site advertising structure which becomes a legal, nonconforming structures pursuant to subsections (A) or (C) of this section may, with the written concurrence of both the sign structure permit holder and the underlying property owner, be relocated at the same or proximate location on the same parcel as authorized by the planning director. In no case shall a separation of less than five hundred (500) feet from another legal off-site advertising sign be permitted.

E.

No part of an off-site advertising sign shall be located within an existing or proposed street right-of-way.

F.

The maximum height for off-site advertising signs shall be thirty-five (35) feet, except as otherwise specified in the applicable base district.

G.

No outdoor advertising display shall be located within one hundred fifty (150) feet (measured radially) of property located in an E, R-1, R-2, R-3 or MP district. In no case shall an outdoor advertising display be located within one hundred (100) feet of any residential dwelling.

H.

Lighting of off-site advertising signs shall be arranged so as not to produce a glare on other properties in the vicinity, and the source of light shall not be visible from adjacent property or a public street.

I.

The applicant shall comply with the applicable provisions of the Outdoor Advertising Act, administered by the State Department of Transportation, and shall provide the county with the locations of all existing offsite advertising signs within one thousand (1,000) feet and on the same side of the street or highway as the proposed sign location.

J.

Off-site advertising signs may employ light emitting diode (LED) or digital message centers and sign face changes provided that no portion of any electronic display shall be changed any more frequently than once every four (4) seconds and shall additionally be subject to Section 5405(d) of the California Business and Professions Code, which includes provisions prohibiting flashing, blinking, or moving lights and which further prohibits any portion of the sign of the message to be in motion, simulated motion, or from changing intensity. Entry and exit modes shall be consistent for all frames, and the sign shall not employ hold modes such as twinkle or similar effects. Signs containing changeable copy shall include automatic brightness compensation features to adjust brightness to compensate for sun angle and ambient lights conditions. The planning director may require adjustments related to brightness and intensity when deemed necessary.

(Ord. G-7482 §§ 98, 99, 2007; Ord. G-7012 § 49, 2003; Ord. G-6953 §§ 2, 3, 2003; Ord. G-6871 §§ 2,3, 2002; Ord. G-6297 § 61, 1996: Ord. G-6191 § 85, 1995: Ord. G-6077 § 274, 1994; prior code § 7225.02(D))

Temporary real estate signs advertising the particular property on which the sign is located shall comply with the following standards:

A.

Not more than one (1) temporary real estate sign shall be placed on the lot, provided, however, that an auxiliary rider sign shall be allowed if attached to the same sign support, and further provided that where the lot is bounded by more than one street, one (1) sign with an auxiliary rider sign shall be allowed along each adjacent street frontage.

B.

Temporary real estate signs shall not be illuminated.

C.

Temporary real estate signs shall be a minimum of ten (10) feet from any adjacent street and property line.

D.

If attached to a building, the temporary real estate sign shall not extend above the roof line or parapet wall of the building. If freestanding, the sign shall not exceed eight (8) feet in height.

E.

This subsection shall not restrict the number or size of temporary real estate signs erected out-of-doors within courtyard or mall spaces below the height of the enclosed buildings within the buildable area of the lot, provided that the signs are not visible from a public street or adjoining property.

F.

Notwithstanding the prohibition in Section 19.84.050 of this chapter, portable, temporary off-site directional real estate signs may be used in conjunction with open house real estate sales activity provided that each portable directional sign does not exceed an overall size of nine (9) square feet, including support, does not exceed a height of two and one-half (2½) feet, and is not located within a road or street right-of-way. Signs shall be on display only when property is open for inspection.

G.

Real estate signs shall be removed within ten (10) days after sale of the property or immediately upon being leased.

(Ord. G-6077 § 276, 1994; prior code § 7225.02(E))

19.84.070 - Design and development standards—Temporary subdivision signs.

A.

Temporary directional subdivision signs shall comply with the following standards:

1.

Each sign shall not exceed ten (10) feet in height and shall not exceed one hundred (100) square feet in area;

2.

Up to six (6) signs may be permitted for each subdivision on any one (1) road alignment;

3.

No sign shall be installed until such time as any of the following occurs: a final subdivision map has been recorded, grading permits for the subdivision have been issued, or a public report for the subdivision has been issued and a copy filed with the director of the Kern County planning department;

4.

Each sign shall be located completely outside of any private or public road right-of-way;

5.

Each sign shall be located a minimum distance of six hundred (600) feet apart and shall be located no closer than twenty (20) feet from any other sign or structure;

6.

Contents of each sign shall be limited to the name of the subdivision, name of contractors, logos, pricing information, telephone number, directional information and directional arrow;

7.

Each sign shall be a pole sign, and no streamers, banners, flags or electronic display boards shall be permitted;

8.

Each sign shall be removed within eighteen (18) months from the date of installation or within fourteen (14) days from the date the subdivision is sold out, whichever occurs first. A maximum of two (2) eighteen (18) month extensions may be authorized by the director of the Kern County planning department.

B.

On-site subdivision signs shall comply with the following standards:

1.

The signs shall be located at the primary entrance to the subdivision or at the model homes;

2.

Each sign shall not exceed ten (10) feet in height and shall not exceed thirty-two (32) square feet in area.

C.

In addition to the above-stated entitlements to temporary subdivision signs, the following additional provisions for all that unincorporated area included within the boundaries of the Metropolitan Bakersfield 2010 general plan shall apply pertaining to the establishment of kiosks to provide off-site directional information pertaining to residential subdivision identification:

1.

Requirements for Directional Kiosks.

a.

Kiosks shall be permitted in all zone districts except in the FPP (floodplain primary) district and except on a lot developed with a single-family residence. They may be permitted on private land or public right-of-way that is maintained by the property owner provided the property owner's permission has been granted in

writing. Signs may also be permitted within the public right-of-way or parkway that is maintained by the county or the county's contractee, subject to approval and issuance of an encroachment permit by the Kern County roads department. Any such sign installed within a public road right-of-way shall be installed a minimum of ten (10) feet from the existing edge of pavement (or flowline) except as otherwise authorized by the Kern County roads department director. If the Kern County roads department director subsequently determines that the sign constitutes a safety hazard or must be removed to accommodate road widening, the permittee shall remove the sign within thirty (30) days of a written request to do so at no cost to the county.

b.

Kiosks shall be constructed of wood or similar product with individual panels provided for placement of subdivision or project names and direction.

c.

Kiosk locations shall be approved by the planning director or appointed designee. A kiosk shall not be placed closer than one thousand (1,000) feet from an existing kiosk or approved site where a kiosk is to be constructed. The planning director or appointed designee may reduce the distance between kiosks where:

i.

Kiosks are located at different corners of an intersection and face different directions;

ii.

The street intersection where the kiosk is proposed is less than one thousand (1,000) feet away from a street intersection that contains a kiosk and it is necessary to provide direction to subdivisions or projects to which that street provides the most direct or only access;

iii.

Kiosks (two (2) maximum) are necessary to be placed adjacent to one another because the number of subdivisions or projects that are being identified exceeds the number of panels allowed on one (1) kiosk.

d.

Architectural design, color, letter style, and any other design elements of the kiosk shall be consistent with the standards shown in Figure 19.84.070(C).

e.

Kiosks shall not exceed a height of twelve (12) feet and a width of six (6) feet. An individual panel shall be limited to a maximum width of six (6) feet and a height of ten (10) inches. No more than eight (8) individual name panels shall be permitted on a kiosk.

f.

Kiosks may have more than one (1) face. Multiple faces are encouraged where the kiosk can be sited to serve traffic traveling in opposite directions, or where it would reduce the amount of kiosks needed to

provide adequate direction to residential subdivisions. Multiple-faced kiosks shall be approved by the planning director or appointed designee.

g.

A name panel shall be limited to a single line of text that may contain only the subdivision, project, builder or developer's name, or combination thereof. All panels shall include a direction arrow pointing in the direction of the identified project. Mileage to the specific subdivision or project may be also provided under the direction arrow. Name panels shall conform to all design elements as approved pursuant to subsection (C)(1)(d).

h.

Tag signs, streamers, banners, balloons, devices, display boards, or other appurtenances shall not be added, placed upon or erected adjacent to or within a radius of one hundred (100) feet of any existing kiosk.

i.

Kiosks shall not be illuminated nor shall they emit any kind of radio or microwave signal.

j.

Kiosks shall not obstruct the use of sidewalks, walkways, bicycle or hiking trails and shall not obstruct the free and clear vision of motor vehicle operators, cyclists, pedestrians or the visibility of traffic control signs and lights as determined by the Kern County roads department director.

k.

Kiosks shall be set back a minimum of twenty-five (25) feet from side and rear property lines. No setback shall be required from street frontages or those kiosks located within public rights-of-way, except as otherwise specified pursuant to subsection (C)(1)(a).

2.

Permits.

a.

Any sign company or developer of a new recorded residential subdivision which contains approved lots or homes which have never been sold, may apply for a permit to install a kiosk to provide direction to their subdivision. The individual named as the permittee shall be held legally responsible for compliance with the terms of this Section 19.84.070(C).

b.

Applications for kiosks shall be made on forms provided by the planning director or appointed designee, be signed under penalty of perjury by the applicant, and shall require at a minimum, the following information:

i.

The name, mailing address, title and telephone number of the property owner, subdivider and developer/builder of the specific development;

ii.

The name, mailing address, title and telephone number of the permittee;

iii.

The name and location of the specific development;

iv.

A plot plan showing the exact location of the proposed sign structure;

v.

A statement that the development contains approved lots or new homes which have not yet been sold;

vi.

If the permit is for the construction of a sign structure within a public road right-of-way, an encroachment permit issued by the Kern County roads department.

c.

The planning director or appointed designee may issue a permit if:

i.

The application is complete and truthful;

ii.

The applicant is the person or entity selling new lots or new homes;

iii.

The development is located entirely within the Metropolitan Bakersfield 2010 general plan area;

iv.

The kiosk and panels meet all of the design criteria within this section;

v.

The location criteria of this section has been satisfied;

vi.

Appropriate fees have been paid.

d.

The installation of panels shall be administered by the permittee. If a dispute arises over the installation of a sign panel, the planning director shall make the decision concerning the installation of that panel. The decision of the planning director shall be final.

3.

Program Administration.

a.

Sign structures permitted under this Section 19.84.070(C) shall be continuously maintained in good condition by the permittee. Upon approval by the county, sign maintenance may be assumed by a responsible party other than the permittee.

b.

Kiosks shall be sited based on demand and where they will provide the best direction to residential subdivisions where homes/lots are being sold.

c.

Sign panels shall be available to all developments selling new homes on a first-come-first-serve basis, beginning with the highest panel on the kiosk and progressing downward on the kiosk with each subsequent name. Waiting lists shall be established for each kiosk (existing or proposed) for new name panels on a first-come-first-serve basis of applications that have met the requirements of subsection (C)(2) (c).

d.

When a panel name is changed or a panel is removed from a kiosk, all lower panels shall be moved upwards so that any new panel is placed on the bottom of the kiosk.

e.

All panel changes shall be the responsibility of the permittee.

f.

A specific subdivision is limited to one (1) panel for each kiosk. Multiple panels shall not be combined to identify or provide information regarding the same specific subdivision. There shall be no limit on the number of kiosks a specific project may be identified on provided the kiosk is within a five (5) mile radius of the exterior boundaries of the subdivision to be identified.

g.

Within ten (10) days after selling the last lot or home or within two (2) years after recordation of the final map for the subdivision of which the project is located, whichever occurs first, panel signs that identify the

project shall be removed from all kiosks. Two (2) extensions of time may be granted by the planning director not to exceed one (1) year for each request if the extension is needed to complete any sales in that project.

h.

Any kiosk sign structure shall be completely removed by the permittee whenever any of the following occur:

i.

A period of five (5) years has elapsed since original permit approval;

ii.

There have been no new residential subdivisions recorded in the last three (3) years within a two (2) mile radius of the sign structure;

iii.

The permittee has been notified by the Kern County roads department director to remove the sign on the basis of public safety or necessity.

i.

For any kiosk sign structure erected within a county road right-of-way, a performance bond in an amount sufficient to remove the structure shall be approved by and posted with the Kern County roads department.

4.

Violations and Abatement.

a.

Any permit issued pursuant to this section shall be immediately revoked by the planning director if it has been found that the permit holder has erected and maintained any sign in violation of this section. My affected kiosk sign structure or panel shall be completely removed within thirty (30) days upon written notification by the planning director or the roads department director to do so.

b.

Any order of the planning director or roads department director shall be made in writing, addressed to the permit holder, and shall set forth the findings for revoking any permits and the method to appeal the decision. If no appeal is filed, the decision of the planning director or the roads department director shall be final and conclusive.

5.

Appeal.

a.

Any decision of the planning director or roads department director to deny or revoke a permit pursuant to this Section 19.84.040(C) shall be subject to appeal by the permittee to the Kern County planning commission.

b.

The applicant may file with the planning director a notice of appeal to the action of the planning director indicating the basis of appeal within seven (7) calendar days of such action. The appeal shall be accompanied by the fee established by the board of supervisors pursuant to Section 19.06.030 of this title.

c.

The planning commission shall consider the appeal within thirty (30) days of the filing of such appeal. No public hearing or notice shall be required.

d.

The planning commission may reverse or affirm the action of the planning director. The action of the planning commission shall constitute a ministerial action and shall be based solely on whether or not the proposed use or development meets the development standards and conditions specified in or established pursuant to the applicable section or sections of this title.

e.

The decision of the planning commission pursuant to this section may be appealed to the board of supervisors pursuant to subsection (A) of Section 19.102.170 of this chapter.

(Ord. G-6551 § 91, 1998; Ord. G-6077 § 278, 1994: Ord. G-5861 § 28, 1992: Prior code § 7225.02(F))

19.84.080 - Design and development standards—Permanent subdivision area identification signs.

Permanent identification signs, including signs identifying a subdivision, mobilehome park, apartments, townhouses, condominiums or any other residential project, shall comply with the following standards:

A.

Permanent subdivision identification signs may be either attached to an entrance fence or structure or be a monument sign. The sign shall not exceed eight (8) feet in height or forty-eight (48) square feet in size and shall be located in a maintained landscaped area on a parcel within the subdivision at a primary entrance.

B.

The sign shall not be illuminated except for low silhouette spotlighting that does not create glare on other properties in the vicinity.

C.

The design and materials of the sign shall be ap-proved by the planning director.

(Ord. G-6077 §§ 279, 280, 1994; Ord. G-5966 § 132, 1993; Prior code § 7225.02(G))

19.84.090 - Design and development standards—Temporary construction signs.

Where a building is under construction, temporary signs may be erected to identify the project owner, architect, landscape architect, contractor, builder, proposed business, or lender provided they comply with the following standards:

A.

There shall be no more than three (3) such temporary construction signs per project.

B.

The sign shall not exceed thirty-two (32) square feet in area.

C.

The sign shall not be illuminated.

D.

If attached to the building, the sign shall not extend above the roof line or parapet wall of the building. If freestanding, the maximum height is six (6) feet.

E.

The sign shall be stationary.

F.

The sign shall be removed at the time of final inspection of the job.

(Ord. G-4832 § 169, 1988; Prior code § 7225.02(H))

19.84.100 - Design and development standards—Temporary campaign signs.

Temporary political, religious and civic campaign signs may be erected for a period not to exceed ninety (90) days and shall comply with the following standards:

A.

The signs shall be removed within fifteen (15) days following the conclusion of the campaign.

B.

In residential districts, each sign shall not exceed six (6) square feet in area or a height of four (4) feet.

(Prior code § 7225.02(I))

Agricultural signs advertising agricultural products raised or produced on the subject property may be erected in all agricultural zoning districts, provided they comply with the following standards:

A.

There shall be no more than one (1) agricultural sign per legal lot.

B.

The sign shall not exceed sixteen (16) square feet in area for parcels less than five (5) acres nor exceed twenty-four (24) square feet for parcels exceeding five (5) acres. The sign shall not exceed six (6) feet in height.

C.

The sign shall be a minimum of ten (10) feet from any street right-of-way.

D.

The sign shall not be illuminated.

E.

The sign shall be stationary.

F.

The sign shall not be an off-site sign.

(Prior code § 7225.02(J))

19.84.120 - Design and development standards—Agricultural industry signs.

Signs identifying agricultural industries located on the subject property may be erected in all agricultural zoning districts, provided they comply with the following standards:

A.

There shall be no more than two (2) agricultural industrial signs per legal lot.

B.

Each sign shall not exceed two hundred (200) square feet in area nor twenty-four (24) feet in height.

C.

The sign shall be a minimum of ten (10) feet from the street or road right-of-way.

D.

The sign shall not be illuminated.

E.

The sign shall be stationary.

F.

The sign shall not be an off-site sign.

(Ord. G-5966 § 134, 1993; Prior code § 7225.02(K))

19.84.130 - Design and development standards—Institutional identification signs.

Signs identifying churches, public and private schools, colleges, hospitals, universities, or fraternal, benevolent and social service organizations located on the same property shall comply with the following standards, except that when such institutions are located in a commercial zoning district, the sign regulations applicable to signs in the commercial district shall govern:

A.

There shall be no more than two (2) institutional identification signs per each street frontage, not to exceed a total of six (6) such signs on a lot.

B.

Each sign shall not exceed one hundred (100) square feet in area.

C.

Lighting of institutional identification signs shall be indirect and nonflashing and shall not produce glare on other properties in the vicinity.

D.

The signs shall not extend into any existing or proposed road or street right-of-way.

E.

Freestanding signs shall not exceed eight (8) feet in height. Signs attached to buildings shall not extend above the roof line or parapet wall of the building.

F.

All signs shall be stationary.

G.

Generally recognized and acceptable religious symbols that are freestanding or are attached to or part of a church (or attached to or part of a freestanding sign) may be exempted by the planning director from the provisions herein regarding height, area and number of signs.

(Ord. G-6077 §§ 282—284, 1994; Prior code § 7225.02(L))

19.84.135 - Design and development standards—Oilfield identification signs.

A.

There shall be no more than one (1) oilfield identification sign per legal lot;

B.

Each sign shall be a maximum of forty-eight (48) square feet in area and fifteen (15) feet in height;

C.

There shall be a minimum of one-quarter (¼) mile between each oilfield identification sign;

D.

The sign shall be at least ten (10) feet from a street or road right-of-way;

E.

The sign shall not be illuminated;

F.

The sign shall be stationary;

G.

The sign shall not be an off-site sign.

(Ord. G-5861 § 29, 1992)

The following signs, except as provided elsewhere in this title, are exempt from the provisions of this chapter:

A.

Approved highway directional signs;

B.

Railroad signal signs;

C.

Signs prohibiting trespassing and hunting, provided that they do not exceed two (2) square feet in area;

D.

Warning signs required by law or erected by public agencies;

E.

Utility company signs identifying cables, conduits or hazards;

F.

Public notices and announcements authorized by courts and public officials;

G.

Advertising signs on buses and taxis;

H.

Signs attached to bus stops and shelters;

I.

Signs on automobiles and trucks that are painted on or attached flat against the vehicle to identify or advertise the associated business, provided that the vehicle is primarily used for the business and is parked on private property as a normal function;

J.

Window display signs limited to painted signs on glazing, poster paper signs, and placards attached to the inside of glazing of store fronts, provided that the store front glazing is not covered in excess of fifty percent (50%);

K.

Signs that are painted on or attached to the windshield of a vehicle or boat, properly located for display;

L.

Public telephone identification;

M.

Signs of an instructive nature or which include information required by county, state or federal enforcement agencies including: telephone booth, gas pump use instructions, instructions for recreational vehicle dump station, brake and smog certification, restroom identification, no smoking, propane tank identification, gas pump identification, air and water, drive to forward pump, cashier, hours of operation, required gallon-toliter conversion, full-service and self-service signs at each island not exceeding four (4) square feet in area, and traffic directional signs as approved by enforcement agencies for necessary traffic control and direction provided that they do not exceed four (4) square feet in area each and do not exceed thirty (30) inches in height in front or side street yard and no symbol, name, or other message is on such signs;

N.

Signs erected inside enclosed malls;

O.

Signs erected out-of-doors within courtyards and mall spaces (below the height of enclosed buildings) within the buildable portion of the lot where signs are not visible from a public street or adjacent parcel;

P.

Directional, warning or identification signs for petroleum drilling and extraction activities not exceeding two (2) square feet in area;

Q.

Residential name and address signs not exceeding two (2) square feet in area.

(Prior code § 7225.03)

19.84.150 - Prohibited signs.

The following signs are prohibited in all zoning districts:

A.

Moving or rotating signs;

B.

Signs with flashing, moving or animated illumination, including electronic illumination of any type, except as specified in subsection (J) of Section 19.84.050 and subsection (A) of Section 19.84.170 of this chapter;

C.

Any sign displaying any obscene, indecent or immoral matter;

D.

Advertising signs that include the words "Stop, Look, Listen" or any other word, phrase, symbol, lights, motion, sound, fumes, mist or other effluent that may interfere with, mislead or confuse the driving public;

E.

Portable signs, except for temporary real estate signs as provided in Section 19.84.060 of this chapter;

F.

Signs on inflatable advertising devices when the device is attached or secured to the ground;

G.

Signs extending above roofs and roof signs, except where specifically provided for under the provisions of this title for signs attached to buildings;

H.

Signs projecting from buildings, except where specifically provided for;

I.

Wind-activated signs;

J.

Any other advertising device attached to a building, fence, pole or vehicle on display not specifically authorized by this title.

(Ord. G-7482 § 101, 2007; Ord. G-5684 §§ 87, 88, 1991; Prior code § 7225.04)

The following methods will be used to compute the area of sign copy:

A.

The area of a monument or pole sign is to be computed by multiplying the total height by the total length of the sign or signs for one (1) sided signs, excluding framework of separate single wood post or masonry column and single wood or masonry beam. The base of a monument sign shall not be considered part of the sign when constructed of wood or masonry (See Figures 19.84.160 (1) and (2));

B.

Where a two (2) sided monument or pole sign contains identical copy on each side, the area of the sign shall be computed by multiplying the total height by the total length of only one (1) side. (See Figures 19.84.160 (1) and (2));

C.

The area of a freestanding sign which has three (3) or more faces shall be computed by adding the areas of each face of the sign;

D.

The area of a freestanding sign that is an object or statuary shall be computed by the appropriate mathematical equation for determining total surface of an object.

(Prior code § 7225.05)

A.

Electronic time and temperature signs as part of an on-site advertising sign are permitted as regulated by development standards. Signs with electronic face changes which do not flash, blink, travel, or animate may be permitted, provided that the message content changes no more frequently than every four (4) seconds, and all messages are limited to the advertising of on-site products or services.

B.

Exit, entrance or other on-site traffic directional signs are permitted, provided that the signs do not exceed six (6) feet in height and contain no advertising or message other than for traffic directions.

C.

Illuminated signs in storefront window glazing visible from a public street shall be considered signs and shall comply with the requirements of this chapter.

D.

Special signing required for drive-in windows for drive-in restaurants, banks or similar businesses is permitted, provided the sign copy is necessary for information, instruction or directions and specifically related to the special use, subject to review and approval of the planning director, who shall use discretion in approval of subject signs related to number, location, height, size and design.

E.

Signs for uses approved in conjunction with a conditional use permit shall be as specified in the conditions of approval for that conditional use permit.

F.

Temporary special event signs and promotional devices, including, but not limited to, portable signs, balloons and inflated devices, and searchlights may, where not otherwise permitted by this chapter, be authorized by the planning director for up to forty-five (45) days per calendar year at any one (1) location. Balloons and inflated devices shall not exceed an overall height of one hundred (100) feet and shall be securely anchored to the ground or a structure.

(Ord. G-7482 § 103, 2007; Ord. G-7012 § 51, 2003; Ord. G-6864 § 65, 2002; Ord. G-6077 § 286, 1994; Ord. G-5684 §§ 89, 90, 1991; Ord. G-4832 § 170, 1988; prior code § 7225.06)

19.84.180 - Nonconforming signs.

Nonconforming signs shall be subject to the requirements of Section 19.108.070 of this title.

(Prior code § 7225.07)

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Chapter 19.86 - LANDSCAPING

Sections:

The purpose of this chapter is to ensure that development is aesthetically pleasing, water efficient, and compatible with surrounding development by:

•

Requiring the provision of adequate landscaping in connection with new development and the expansion of existing developments and changes in uses.

•

Promoting the values and benefits of landscaping practices that integrate and go beyond the conservation and efficient use of water.

•

Establishing a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects by encouraging the use of a watershed approach that requires cross-sector collaboration of industry, government and property owners to achieve the many benefits possible.

•

Establishing provisions for water management practice and water waste prevention for existing landscapes.

Using water efficiently without waste by setting a maximum applied water allowance as an upper limit for water use to the lowest practical amount.

Landscapes that are planned, designed, installed, managed, and maintained with the watershed based on approach can improve environmental conditions and provide benefits and realize sustainability goals.

(Prior code § 7230.01)

(Ord. No. G-8656, § 11, 7-26-16)

Landscaping shall be provided in accordance with the minimum standards set out in this chapter, except as may be modified in connection with the approval of a discretionary development permit. Except as otherwise authorized by the planning director, or where otherwise required through approval of a discretionary permit, minimum plant and tree sizes are as follows:

Trees

15 gallon

Landscaping and irrigation systems installed pursuant to this chapter shall be continuously maintained in good condition.

All landscaping shall be consistent with:

A.

California Code of Regulations, Title 23, Division 2, Chapter 2.7 Model Water Efficient Landscape Ordinance; and

B.

Kern County Code of Building Regulations (Title 17);

C.

The State Fire Safe Regulations contained in Section 4290 of the Public Resources Code and in Title 14, California Code of Regulations, Division 1.5, Chapter 7, Subchapter 2.

(Ord. G-6297 § 62, 1996: Ord. G-6077 § 288, 1994: Ord. G-5966 § 136, 1993: Prior code § 7230.02 (part))

(Ord. No. G-7821, § 77, 1-27-09; Ord. No. G-8226, § 86, 11-8-11; Ord. No. G-8656, § 12, 7-26-16)

19.86.025 - Landscaping standards—Single-family dwellings.

A.

Single-family dwellings located within the Indian Wells Valley Land Use Management Plan area (as defined by Section 19.08.015) shall be subject to the following:

1.

Landscaping installed after the referenced plan's adoption shall be subject to the following restrictions.

a.

There shall be no turf allowed in the landscape area of the front yard.

b.

All plants and trees used within the landscape area of the front yard shall be selected from the current Approved Plant List, on file and maintained by the Indian Wells Valley Water District.

c.

A low volume irrigation system shall be used within the landscape area of the front yard.

d.

Irrigation Drainage. All irrigation water is to remain on property during normal water run cycle, such that there is minimal or limited runoff from the area being irrigated, specifically onto sidewalks and streets.

2.

New or replaced landscaping associated with an existing single-family dwelling, not originally subject to Section 19.86.025(A)(1), is encouraged to abide by the referenced section.

3.

Landscaping shall be provided in accordance with the requirements of 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).

B.

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 that install landscaping shall be subject to the following landscaping standards:

1.

Landscaping shall be provided in accordance with the requirements of 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, § 7, 5-19-15; Ord. No. G-8656, § 13, 7-26-16)

The following standards apply to landscaping plans for multifamily developments:

A.

A minimum of ten percent (10%) of the total developed lot area shall be landscaped.

B.

Within the Indian Wells Valley Land Use Management Plan area (as defined by Section 19.08.015), turf and/or plants not on the current Approved Plant List, on file and maintained by the Indian Wells Valley Water District, shall be limited to no more than one-half (½) of the required landscape area.

C.

Front-yard and street side side-yard setback areas, excluding approved driveway entrances, maneuvering areas, and public sidewalks, shall be landscaped. Within this area, trees are required and shall be planted no farther than fifty (50) feet apart and no closer than five (5) feet from the back of the sidewalks. No plant

material that will grow to a height of more than eighteen (18) inches shall be planted in the street right-ofway, except where authorized by the county roads department.

D.

Additional planters and landscaped areas shall be provided in off-street parking areas in accordance with the requirements of subsection I of Section 19.82.090.

E.

Within each planter or landscaped area, a water-efficient irrigation system with automatic timer and live landscaping shall be provided and maintained. The use of drip irrigation systems shall be strongly encouraged.

F.

Landscaping materials and trees installed in planters or landscaped areas shall be selected based upon their adaptability to the climatic, geologic, and topographical conditions of the site. Use and protection of native plants and natural areas is highly encouraged. Within the Indian Wells Valley Land Use Management Plan area (as defined by Section 19.08.015), plants or trees shall be selected from the current Approved Plant List, on file and maintained by the Indian Wells Valley Water District, except as otherwise provided by Section 19.86.030.B.

(Ord. G-6077 § 289, 1994; Ord. G-5966 § 137, 1993: Ord. G-5861 § 30, 1992: Prior code § 7230.02(A))

(Ord. No. G-8035, § 78, 4-20-10; Ord. No. G-8226, § 87, 11-8-11; Ord. No. G-8558, § 8, 5-19-15; Ord. No. G-8656, § 14, 7-26-16)

19.86.040 - Landscaping standards—Mobilehome parks.

The following standards apply to landscaping plans for mobilehome parks:

A.

A minimum of five percent (5%) of the total developed lot area shall be landscaped.

B.

Within the Indian Wells Valley Land Use Management Plan area (as defined by Section 19.08.015), plants not on the current Approved Plant List, on file and maintained by the Indian Wells Valley Water District, shall be limited to no more than one-half (½) of the required landscape area.

C.

Setback areas between streets and the perimeter fence of the mobilehome park, excluding approved driveway entrances and public sidewalks, shall be landscaped. Within this area, trees are required and shall be planted no closer than five (5) feet from the back of the sidewalks. No plant material that will grow to a height of more than eighteen (18) inches shall be planted in the street right-of-way, except where authorized by the Kern County Roads Department.

D.

Within the interior of the mobilehome park, at least one (1) tree per mobilehome space shall be planted at the time of or prior to development of each individual space.

E.

Within each planter or landscaped area, a water-efficient irrigation system with automatic timer and live landscaping shall be provided and maintained. The use of drip irrigation systems shall be strongly encouraged.

F.

Landscaped materials and trees installed in planters or landscaped areas shall be selected based upon their adaptability to the climatic, geologic, and topographical conditions of the site. Use and protection of native plants and natural areas is highly encouraged. Within the Indian Wells Valley Land Use Management Plan area (as defined by Section 19.08.015), plants and trees shall be selected from the current Approved Plant List, on file and maintained by the Indian Wells Valley Water District, except as otherwise provided by Section 19.86.040(B).

(Ord. 5966 § 138, 1993: Ord. G-5861 § 31, 1992: Ord. G-4832 § 171, 1988; Prior code § 7230.02(B))

(Ord. No. G-8035, § 80, 4-20-10; Ord. No. G-8226, § 88, 11-8-11; Ord. No. G-8558, § 9, 5-19-15; Ord. No. G-8656, § 15, 7-26-16)

19.86.050 - Landscaping standards—Commercial, institutional uses, parks and recreation.

The following standards apply to landscaping plans for commercial developments; parks and recreation, entertainment, and tourist facilities; and institutional uses:

A.

A minimum of five percent (5%) of the total developed lot area shall be landscaped.

B.

Within the Indian Wells Valley Land Use Management Plan area (as defined by Section 19.08.015), plants not on the current Approved Plant List, on file and maintained by the Indian Wells Valley Water District, shall be limited to no more than one-half (½) of the required landscape area.

C.

Along any interior property line abutting residentially zoned lots, trees shall be planted. The planters shall be sufficiently large and protected so that a parked car does not extend into the minimum four-foot by fourfoot tree planting area which shall be landscaped with ground cover, shrubs, or climbing plants.

D.

Planters or landscaped areas shall be provided in off-street parking areas in accordance with the requirements of subsection I of Section 19.82.090. No plant material that will grow to a height of more than

eighteen (18) inches shall be planted in the street right-of-way, except where authorized by the Kern County Roads Department.

E.

Within each planter or landscaped area, a water-efficient irrigation system with automatic timer and live landscaping shall be provided and maintained, except that an irrigation system is not required to serve planters or landscaped areas devoted exclusively to native indigenous plants. The use of drip irrigation systems shall be strongly encouraged.

F.

Landscaping materials and trees installed in planters or landscaped areas shall be selected based upon their adaptability to the climatic, geologic, and topographical conditions of the site. Use and protection of native plants and natural areas is highly encouraged. Within the Indian Wells Valley Land Use Management Plan area (as defined by Section 19.08.015), plants or trees shall be selected from the current Approved Plant List, on file and maintained by the Indian Wells Valley Water District, except as otherwise provided by Section 19.86.050(B).

(Ord. G-6551 § 93, 1998: Ord. G-5966 § 139, 1993: Ord. G-5861 § 32, 1992: Prior code § 7230.02(C))

(Ord. No. G-8226, § 89, 11-8-11; Ord. No. G-8558, § 10, 5-19-15; Ord. No. G-8656, § 16, 7-26-16)

19.86.060 - Landscaping standards—Industrial uses.

The following standards apply to landscaping plans for industrial uses:

A.

A minimum of five percent (5%) of the developed area shall be landscaped.

B.

Within the Indian Wells Valley Land Use Management Plan area (as defined by Section 19.08.015), plants not on the current Approved Plant List, on file and maintained by the Indian Wells Valley Water District, shall be limited to no more than one-half (½) of the required landscape area.

C.

Along any interior property line abutting residentially zoned lots, trees shall be planted. The planters shall be sufficiently large and protected so that a parked car does not extend into the minimum four-foot by fourfoot tree planting area which shall be landscaped with ground cover, shrubs, and climbing plants.

D.

Planters or landscaped areas shall be provided in off-street parking areas in accordance with the requirements of subsection I of Section 19.82.090. No plant material that will grow to a height of more than eighteen (18) inches shall be planted in the street right-of-way, except where authorized by the Kern County Roads Department.

E.

Within each planter or landscaped area, an irrigation system and live landscaping shall be provided and maintained, except that an irrigation system is not required to serve planters or landscaped areas devoted exclusively to native indigenous plants. Automatic timers shall be utilized and the use of drip irrigation systems shall be strongly encouraged.

F.

Landscaping materials and trees installed in planters or landscaped areas shall be selected based upon their adaptability to the climatic, geologic, and topographical conditions of the site. Use and protection of native plants and natural areas is highly encouraged. Within the Indian Wells Valley Land Use Management Plan area (as defined by Section 19.08.015), plants or trees shall be selected from the current Approved Plant List, on file and maintained by the Indian Wells Valley Water District, except as otherwise provided by Section 19.86.060(B).

(Ord. G-6551 § 94, 1998: Ord. G-5966 § 140, 1993: Ord. G-5861 § 33, 1992: Prior code § 7230.02(D))

(Ord. No. G-8226, § 90, 11-8-11; Ord. No. G-8558, § 11, 5-19-15; Ord. No. G-8656, § 17, 7-26-16)

19.86.065 - Landscape and irrigation plan—Water efficient guidelines.

Projects requiring adherence to California Code of Regulations, Title 23, Division 2, Chapter 2.7 Model Water Efficient Landscape Ordinance, shall demonstrate compliance with the requirements prior to the issuance of building permits and prior to the commencement of any use subject to these requirements.

(Ord. No. G-8226, § 91, 11-8-11; Ord. No. G-8656, § 18, 7-26-16)

19.86.070 - Landscape and irrigation plan—Required.

A.

Landscape plans, which include grading and drainage information, and irrigation plans shall be prepared in accordance with the requirements specified in 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) where applicable.

B.

Section 19.86.065 of this title shall not apply to any of the following:

1.

Historical sites listed on any official local, state, or national register.

2.

Ecological restoration projects that do not require a permanent irrigation system.

Mined land reclamation projects that do not require a permanent irrigation system.

4.

Agricultural uses or community gardens.

5.

Botanical gardens or arboretums which are open to the public.

6.

Any project for which the planning director determines that special circumstances unrelated to the cost of compliance are present and requiring strict adherence to the requirements of Section 19.86.065 of this title would not further the objectives of water conservation.

C.

Where landscape and irrigation plans are required to meet the requirements of this title, all landscape plans shall be prepared by either a licensed landscape architect or licensed landscape contractor (State Contractor's License - Class C-27) and all irrigation plans shall be prepared by a licensed landscape architect, certified irrigation designer, or licensed landscape contractor.

D.

Where landscaping is required pursuant to this chapter and is not subject to the requirements set forth in subsections A, B, and C of this section, the plot plan or a separate landscape plan, submitted in conjunction with any building permit application shall show the areas to be landscaped, the type of landscaping proposed and amount, and shall state the proposed method of irrigation. Where no building permits are required, a plot plan showing this information, or separate landscape plan in conjunction with said plot plan, shall be submitted to the planning director prior to commencement of said use.

E.

Public water agencies and community services districts and public utility districts that provide domestic water, may adopt more restrictive water efficient landscaping and irrigation requirements, subject to the approval of the Kern County Board of Supervisors.

(Ord. G-6077 § 291, 1994: Ord. G-5966 § 141, 1993: Ord. G-5861 § 34, 1992: Prior code § 7230.03 (part))

(Ord. No. G-8226, § 92, 11-8-11; Ord. No. G-8558, § 12, 5-19-15; Ord. No. G-8656, § 19, 7-26-16)

19.86.080 - Landscape and irrigation plan—Review and approval.

A.

Where a discretionary or ministerial approval is required by this title for the use or uses for which the landscaping is being provided, a landscape plan showing the general location and type of proposed landscaping materials and hard surface areas shall be submitted in conjunction with the application for the ministerial permit or to satisfy the requisite condition of approval for the discretionary action.

B.

Where landscape and irrigation plans are required to meet the requirements of Section 19.86.065 of this title, a landscape documentation package, as specified by 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), shall be submitted by the project applicant for review and approval, prior to the issuance of building permits and prior to the commencement of any use subject to these requirements. Plans for commercial and industrial projects shall be reviewed by planning and public works. Landscaping proposed for single family residences shall be reviewed and approved by public works during building permit review.

(Ord. G-6077 § 292, 1994: Ord. G-5966 § 143, 1993: Ord. G-5861 § 36, 1992; Prior code § 7230.03(B))

(Ord. No. G-8226, § 93, 11-8-11; Ord. No. G-8656, § 20, 7-26-16)

Where landscaping is required as a result of implementation of a discretionary or ministerial approval by this title, no use shall commence nor occupancy permit issued (building finaled) until:

A.

The landscaping and irrigation system has been completely installed; or

B.

The property owner has posted an acceptable financial assurance (performance bond, certificate of deposit, or letter of credit) in an amount equal to one hundred fifty percent (150%) of the estimated cost of installation of the required landscaping and irrigation system, in which case, the property owner shall have up to one (1) year from the date of occupancy or commencement of use to install the required landscaping and irrigation system. The estimated cost of installing the required landscaping and irrigation system shall be submitted in writing for approval by the director of the Kern County Planning Department prior to the property owner obtaining the required financial assurance.

C.

For landscaping and irrigation systems required to meet the requirements specified in 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). A certificate of completion shall be submitted to the Kern County Public Works, which shall include signed certification by the landscape architect, landscape contractor, and/or irrigation designer that landscaping and irrigation have been installed in substantial conformance with the referenced statute.

(Ord. G-6077 § 293, 1994: Ord. G-5861 § 37, 1992)

(Ord. No. G-8226, § 94, 11-8-11; Ord. No. G-8656, § 21, 7-26-16)

Chapter 19.88 - HILLSIDE DEVELOPMENT

The purpose of this chapter is to provide for the reasonable use of hillsides and mountainous areas while protecting the public health, safety, and welfare by ensuring that development will not induce soil erosion, result in excessive grading, create sewage disposal problems, increase wildfire danger and slope instability, or lead to a loss of aesthetic value. This chapter implements the goals and policies of the Kern County General Plan and various specific plans and sets specific standards and regulations for all grading and development of slopes exceeding thirty percent (30%) average natural slope. This chapter is not a base zoning district or combining district, however, is applicable to all development in any zoning district on parcels with an average slope that exceeds thirty percent (30%) and in areas designated Steep Slope (Map Code 2.4) by the Kern County General Plan. It is not the intent of this chapter to apply to oil and gas operations.

(Prior code § 7235.01)

(Ord. No. G-8226, § 95, 11-8-11)

19.88.020 - Average natural slope calculation.

A.

For the purposes of this chapter, slope is defined as the relationship between the change in elevation (rise) of land and the horizontal distance (run) over which the elevation occurs. The percent slope of any given slope is determined by dividing the rise by the run on the natural slope of land, multiplied by one hundred (100).

B.

Average slope shall be calculated by using the following formula:

C.

The calculated average natural slope shall be rounded to the nearest whole number (See Figure 19.88.020).

(Prior code § 7235.02)

All development on lots with an average slope that exceeds thirty percent (30%) and in areas designated Steep Slope (Map Code 2.4) by the Kern County General Plan shall comply with the standards set out in Sections 19.88.040 through 19.88.070 of this chapter.

(Prior code § 7235.03 (part))

(Ord. No. G-8226, § 96, 11-8-11)

Residential development shall not exceed the maximum density permitted by the general plan land use category applicable to the area in which the property is located, except that:

A.

No lot shall be created after the effective date of this chapter on which the average natural slope exceeds sixty percent (60%), except if the lot contains a contiguous area of ten thousand (10,000) square feet within which there is no slope greater than ten percent (10%) and on which development is proposed;

B.

One (1) single-family dwelling may be built on any lot that was legally created prior to the effective date of this chapter, regardless of slope, provided that all other requirements of this chapter are met.

(Prior code § 7235.03(A))

Grading shall respect the natural contour of the existing terrain wherever possible. The following grading standards shall apply to all land subject to this chapter in addition to the grading requirements of Chapter 70 of the latest edition of the Uniform Building Code as adopted and modified, or as may be adopted or modified from time to time, by the board of supervisors:

A.

Grading shall be limited to building pads and access drives thereto, and extensive grading shall be discouraged.

B.

No cuts in excess of sixteen (16) feet in height from top to toe shall be allowed.

C.

Where grading is necessary, the principles of contour grading should be employed:

Cut slopes shall not exceed two (2) horizontal to (1) vertical (2:1). Shallower slopes may be required if indicated by soils and geologic investigations to be necessary.

2.

Graded slopes should be rounded and shaped to simulate the natural terrain.

3.

Grading should follow the natural contours as much as possible.

4.

Graded slopes should blend with naturally occurring slopes at a radius compatible with the existing natural terrain.

D.

Graded slopes should be screened from view under or behind buildings or by landscaping or natural topographic features wherever possible.

E.

Graded slopes shall be revegetated with a mixture of grass seed or shrubs as recommended by the planning director. Planting may be waived by the planning director for slopes that, due to the rock character of the material, will not support plant growth.

(Ord. G-6077 § 294, 1994; Prior code § 7235.03(B))

All proposed drainage facilities shall respect the natural terrain, preserve major drainage channels in their natural state, and be designed in such a manner as to minimize soil erosion and to otherwise preserve the public health, safety and welfare. The following standards shall apply to all lands subject to this chapter in addition to the requirements of the county subdivision and parcel map ordinances:

A.

To the maximum extent possible, all natural drainage courses serving major drainage areas, and containing significant perennial vegetation which may constitute a significant wildlife habitat, should remain in their natural state.

B.

In the event that off-site drainage facilities will be required to handle increased runoff, interim drainage facilities which provide for no increase in peak runoff from a ten (10) year storm shall be constructed and maintained until such time as the permanent facilities are completed.

C.

The overall drainage system shall be completed and made operational at the earliest possible time during construction or shall be otherwise provided for in a manner acceptable to the county of Kern.

(Prior code § 7235.03(C))

All proposed driveways and access roads shall be designed to provide convenient and safe access while minimizing the extent of grading. The following standards shall apply to all lands subject to this chapter in addition to the requirements of the county subdivision and parcel map ordinances:

A.

Driveways and access roads shall enter the fronting public road or street as nearly at right angle (or radial line, if on a curve) as physical features permit.

B.

Driveways shall be designed and constructed in such a manner that stormwater runoff originating on the roadway will not drain down the drive, and stormwater runoff originating on the private property will not drain down the roadway, except in the ditch or gutter line.

C.

Adequate and safe sight distance shall be provided for a design speed of fifteen (15) miles per hour.

D.

Wherever feasible, driveways and access roads shall be installed parallel to elevation contours and shall not cut perpendicularly across contours. The maximum grade for driveways and access roads shall be fifteen percent (15%).

E.

Driveways entering a public road or street shall have a minimum paved width of twelve (12) feet and a maximum width of twenty (20) feet and shall be improved with two (2) inches of asphaltic concrete, three (3) inches of rock dust on an aggregate base, three (3) inches of road mix, or three (3) inches of concrete.

F.

Driveways and access roads serving residential projects of three (3) or more units shall be improved with a minimum of three (3) inches of road mix and shall tie to a paved road (under encroachment permit from the Kern County roads department, where applicable). The paving requirement may be waived by the planning director when site access is not obtained from a paved road and when the project is not part of a precise development (PD) plan or cluster (CL) development.

G.

Driveways and access roads shall comply with the requirements of the Kern County fire department.

(Ord. G-6345 § 79. 1996; Ord. G-6077 § 296, 1994; Ord. G-5885 § 134, 1993; Prior code § 7235.03(D))

(Ord. No. G-8226, § 97, 11-8-11)

Chapter 19.89 - ADULT BUSINESSES

Sections:

The purpose of this chapter is to regulate adult businesses which, unless closely regulated, have serious secondary effects on the community. These secondary effects include, but are not limited to, the following: depreciation of property values, increases in vacancy rates in residential and commercial areas, increases in incidences of criminal activity, increases in litter, noise and vandalism and the interference with residential property owner's enjoyment of their property in the vicinity of such businesses.

(Ord. G-6233 § 8 (part), 1995)

"Adult businesses" include the following:

Any business conducted for the entertainment of adults, engaged in the selling, renting or displaying of publications depicting the specified anatomical areas or specified sexual activities described herein or other material of a sexually explicit nature. Included in the definition is any business, that as a substantial or significant course of conduct, sells, offers for sale, rents, exhibits, shows or displays publications depicting the anatomical areas or specified sexual activities described herein or other material of a sexually explicit nature. Also included in this definition is any business selling, renting or displaying sexually oriented devices intended for use in the specified sexual activities.

A particular business at a particular location that sells, offers for sale, rents, exhibits, shows or displays specified anatomical areas or specified sexual activities in the form of a book, magazine, newspaper, pamphlet, film, video or any other form or medium, or sexually oriented devices intended for use in the specified sexual activities, which receives twenty-five percent (25%) or more of the gross revenue from, or devotes twenty-five percent (25%) or more of the stock on hand or twenty-five percent (25%) or more of the gross floor area to such activity, is presumed to be engaging in "substantial or significant" conduct with respect to such activity.

Any business conducted for the entertainment of adults wherein an employee, patron or any other person engages in or are shown specified sexual activities or exhibit or engage in partial or total nudity or otherwise expose specified anatomical areas. Included in this definition is any business, which as a substantial or significant portion of its business, provides live or filmed entertainment wherein specified anatomical areas of the human anatomy are exposed. Specified anatomical areas include any of the following, whether actual or simulated: (1) less than completely and opaquely covered: (a) human genitals or pubic region, (b) buttock, and (c) female breast below a point immediately above the top of the areola; or (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities means and includes any of the following: (1) the fondling or sexual touching of human

genitals, pubic regions, buttocks, anus, or female breasts; (2) sex acts, normal or deviant, actual or simulated, including intercourse, oral copulation, or sodomy; (3) masturbation, actual or simulated; or (4) excretory functions as part of, or in connection with, any of the activities set forth above.

Such a business may not sell or display "obscene matter," as that term is defined by Penal Code Section 311 or its successors, and may not exhibit "harmful matter," as that term is defined by Penal Code Section 313 or its successors, to minors.

(Ord. G-6233 § 8 (part), 1995)

19.89.030 - Location requirements.

A.

Adult businesses shall not be located within one thousand five hundred (1,500) feet of the following whether or not located within the county:

1.

Any property located in a residential district, including the R-1 (Low-density Residential), R-2 (Mediumdensity Residential), R-3 (High-density Residential), E (Estate), or MP (Mobilehome Park) zoning districts, or equivalent zoning in any other jurisdiction;

2.

Any public or private school;

3.

Any church, chapel, or other publicly recognized place of worship; and

4.

Any park owned by a public entity.

B.

Adult businesses shall not be located within one thousand (1,000) feet of any other adult business.

C.

The distances specified in this section shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building in which the proposed adult business is to be established to the nearest property line of a use or zoning district listed above. The distances specified shall not be measured to one of the uses specified in subsection (A)(1) of this section which are established after the commencement of the adult business use, if the adult business use is continuous, which means that interruptions in use may not exceed six (6) months.

(Ord. G-6233 § 8 (part), 1995)

A.

The following development standards shall apply to all adult businesses:

1.

No adult business shall be located in any temporary or portable structure.

2.

Trash dumpsters shall be enclosed by a screening enclosure so as not to be accessible to the public.

3.

Off-street parking shall be provided at the ratio of one (1) parking space per one hundred (100) square feet of gross floor area and as specified in Chapter 19.82.

4.

The entire exterior grounds, including the parking lot and landscaped areas, shall be lighted in such a manner that all areas are clearly visible at all times.

5.

Signage shall conform to the requirements of Chapter 19.84 and shall not contain sexually oriented photographs, silhouettes or other pictorial representations.

6.

All entrances to an adult business shall be clearly and legibly posted by a notice indicating that minors are prohibited from entering the premises.

7.

No residential structure or any other nonconforming structure shall be converted for use as an adult business.

B.

The following performance standards shall apply to all adult businesses:

1.

No alcoholic beverages shall be served, sold, or consumed on the premises.

2.

The adult business shall not conduct or sponsor any special events, promotions, festivals, concerts, or similar activities which would create a demand for parking spaces beyond the number of spaces required for the business.

3.

The traffic generated by the adult business shall not overload the capacity of the surrounding street system and shall not create a hazard to public safety, as determined by the Kern County Roads Department.

4.

No adult business shall be operated in any manner that permits the observation of any persons or material depicting, describing, or related to "specified sexual activities" or "specified anatomical areas," inside the premises, from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window, or other opening.

5.

No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level audible beyond the walls of the building in which the business is located.

6.

All exterior areas of the adult business, including buildings, landscaping, and parking areas shall be maintained in a clean and orderly manner at all times.

7.

Any license required by the Kern County Sheriff's Department pursuant to Chapter 5.08 of the Kern County Ordinance Code shall be kept current at all times.

8.

Each adult business shall conform to all applicable laws and regulations.

(Ord. G-6233 § 8 (part), 1995)

(Ord. No. G-8035, § 82, 4-20-10; Ord. No. G-8226, § 98, 11-8-11)

No adult business shall be established until an application for an adult business permit is approved by the board of supervisors generally following with the procedures set out in Sections 19.102.200 through 19.102.230 of this title.

(Ord. G-6233 § 8 (part), 1995)

An application for an adult business permit shall include the following:

A.

Name and permanent address of applicant;

B.

The name and business address for the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation, and the applicant shall show the name and residence address of each of theofficers, directors, and each stockholder owning twenty-five percent (25%) or more of the stock of the corporation. If the applicant is a partnership, the application shall show the name and residence address of each of the members, including limited partners;

C.

Name(s) and address(es) of the property owner(s); D. Assessor's parcel number(s);

E.

Legal description of the property;

F.

A site development plan drawn at the scale specified by the planning director, which includes the following information:

1.

Location of all existing buildings, structures and improvements on the property,

2.

Location of all proposed buildings, structures and improvements on the property,

3.

Existing and proposed streets and highways bordering and within the boundaries of the property,

4.

Location of existing and proposed parking areas,

5.

Proposed landscaping,

6.

North arrow;

G.

Elevations and floor plans of proposed buildings or structures related to the adult business;

H.

A narrative description of the proposed use or development including description of the nature of the proposed use or development and an explanation of how the proposed business will satisfy the applicable requirements set forth in Sections 19.89.020 through 19.89.040 of this chapter;

I.

Signatures or letter of consent from all property owners;

J.

The fee prescribed by uncodified ordinance or resolution for processing the application.

(Ord. G-6233 § 8 (part), 1995)

A.

Once an application has been completed, the planning director shall set the application for a nondiscretionary public hearing before the board of supervisors within sixty (60) days, generally following the notice procedures set out in Section 19.102.210 of this title.

B.

For purposes of application processing, any application for a permit pursuant to this chapter is considered to be a ministerial permit and, as such, is not subject to the time frames specified in Section 65950 et seq. of the California Government Code, or the California Environmental Quality Act.

C.

In considering an application for a permit pursuant to this chapter, the board of supervisors shall approve the permit only if it makes the following findings:

1.

The adult business is consistent with the location, development and performance standards contained in this chapter;

2.

The adult business is located in a zone district which lists the adult business as a permitted use;

3.

The zoning district classification for the property is consistent with the applicable general plan or specific plan designation for the property; and

4.

The adult business is consistent with the requirements set forth in Chapter 5.08 of this code.

D.

Permit issuance or denial is not subject to appeal.

(Ord. G-6233 § 8 (part), 1995)

Chapter 19.90 - ACCESSORY DWELLING UNITS[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. G-8725, § 19, adopted July 11, 2017, changed the title of Ch. 19.90 from "Secondary Residential Units" to "Accessory Dwelling Units."

The purpose of this chapter is to provide for the establishment of new accessory dwelling units on existing lots in the High-density Residential (R-3), Medium-density Residential (R-2), Low-density Residential (R-1), Estate (E), Recreational Forestry (RF), Platted Lands (PL), Exclusive Agriculture (A), or Limited Agriculture (A-1) districts that already contains a legally established single-family dwelling unit. The accessory dwelling unit may be occupied by family members, guests, servants, or employees of the property owner or used as a rental unit. Pursuant to Government Code Sections 65852.150 and 65852.2, accessory dwelling units are deemed to be in conformance with the density limitations established by the general plan land use category applicable to the area within which the unit is located.

(Ord. G-6191 § 86, 1995: prior code § 7240.01)

(Ord. No. G-8725, § 19, 7-11-17)

An accessory dwelling unit may be established by any one (1) of the following methods:

A.

Alteration of interior space of an existing single-family dwelling;

B.

Conversion of an attic, basement, garage, or other previously uninhabited portion of an existing singlefamily dwelling or accessory structure;

C.

Addition of a separate unit onto an existing single-family dwelling;

D.

Construction of a separate structure on a lot in addition to an existing single-family dwelling;

E.

Conversion of an existing dwelling to an accessory dwelling unit in conjunction with the construction of a new single-family dwelling;

F.

Installation of a second mobilehome or manufactured home.

(Ord. G-6864 § 67, 2002; Ord. G-5346 § 97, 1990: prior code § 7240.02)

(Ord. No. G-8725, § 19, 7-11-17)

No accessory dwelling unit may be established unless it complies to the following standards:

A.

The lot upon which the accessory dwelling unit is to be established shall contain no other dwellings except for the principal dwelling. Additionally, the following minimum lot size criteria shall apply to lots upon which an accessory dwelling unit is to be established:

1.

The lot shall contain a minimum of seven thousand five hundred (7,500) net square feet if the lot is served by both a community water supply and public sewer.

2.

The lot shall contain a minimum of one half (½) net acre if the lot is served by a community water supply and a private septic system.

3.

The lot shall contain a minimum of one (1) net acre if the lot is not served by either a community water system or public sewer.

B.

The principal dwelling on the lot shall contain a minimum gross area of one thousand two hundred (1,200) square feet.

C.

Only one (1) accessory dwelling unit may be created per legal lot.

D.

The total floor space of the accessory dwelling unit may not exceed:

1.

One thousand two hundred (1,200) square feet or fifty percent (50%) of the total floor space of the principal dwelling, whichever is less in the instance of an attached or interior conversion or constructed accessory dwelling unit.

2.

One thousand two hundred (1,200) square feet in the instance of a detached accessory dwelling unit.

E.

The accessory dwelling unit shall contain separate kitchen and bathroom facilities and have a separate entrance.

F.

Either the principal dwelling or the accessory dwelling unit on the lot shall be occupied by the property owner.

G.

The accessory dwelling unit shall comply with the development standards for the zoning district in which it is located, including front-yard, rear-yard, and side-yard setbacks, minimum distance between structures, and height limits, but excluding minimum lot area per dwelling unit standards. However, no setback shall be required for an existing garage that is converted to an accessory dwelling unit, and a setback of no more than five (5) feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.

H.

Parking requirements for accessory dwelling units are one (1) parking space per bedroom, not to exceed two (2) parking spaces per unit except in an instance as specified below. Off-street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction. The development of parking spaces and access drives shall be consistent with this chapter and Chapter 19.82 of this title except in the following instances when parking standards will not be applied:

1.

The accessory dwelling unit is located within one-half (½) mile of a public transit stop.

2.

The accessory dwelling unit is located within a Kern County designated architecturally and historically significant historic district.

The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.

4.

When there is a car share vehicle service located within one (1) block of the accessory dwelling unit.

I.

Unless the accessory dwelling unit will be a second mobilehome or manufactured home, the accessory dwelling unit shall be constructed in accordance with the provisions of the latest adopted edition of the Uniform Building Code.

J.

Unless within an architecturally and historically significant historic district, the accessory dwelling unit need not be constructed in such a manner as to be architecturally similar to the principal dwelling in terms of design, height, exterior siding, and roof pitch. Additionally, where architectural similarity is required, the accessory dwelling unit shall utilize the same type and color of roofing material and shall be painted the same colors as that of the principal dwelling. These same standards shall also apply where the planning director determines it necessary to prevent adverse impacts on any real property that is listed in the California Register of Historic Places.

K.

The accessory dwelling unit shall comply with applicable health standards and shall be approved by the director of the Kern County public health services department.

(Ord. G-7012 § 53, 2003; Ord. G-6864 §§ 69, 70, 2002; Ord. G-6551 § 95, 1998; Ord. G-6412 § 57, 1997: Ord. G-6297 § 63, 1996; Ord. G-5346 § 98, 1990: Ord. G-4832 § 172, 1988; prior code § 7240.03)

(Ord. No. G-8226, § 99, 11-8-11; Ord. No. G-8725, § 19, 7-11-17)

19.90.040 - Accessory dwelling unit plot plan review—Required.

No accessory dwelling unit shall be established and no building permit issued until an application for plot plan review has been submitted to and approved by the planning director.

(Ord. G-7012 § 55, 2003; Ord. G-6551 § 97, 1998: prior code § 7240.04 (part))

(Ord. No. G-8725, § 19, 7-11-17)

Editor's note— Ord. No. G-8725, § 19, adopted July 11, 2017, changed the title of § 19.90.040 from "Secondary residential plot plan review—Required" to "Accessory dwelling unit plot plan review— Required."

19.90.050 - Plot plan review—Application—Contents.

An application for a permit for an accessory dwelling unit shall include the following:

A.

Name and address of the applicant;

B.

Name and address of the property owner;

C.

Address of the principal dwelling on the lot on which the accessory dwelling unit is to be established;

D.

Assessor's parcel number;

E.

Legal description of the property;

F.

Floor space of the principal dwelling and of the proposed accessory dwelling unit;

G.

Plot plan drawn at the scale specified by the planning director, including the following:

1.

Property lines and lot dimensions;

2.

Location of all existing buildings and structures;

3.

Location of the proposed accessory dwelling unit;

4.

Location of all easements;

5.

Location of existing and proposed parking areas;

6.

North arrow.

H.

If located within a Kern County designated architecturally and historically significant historic district or within five hundred (500) feet of a structure listed in the California Register of Historic Places:

1.

Elevations showing the height, roofing materials, and exterior colors of the proposed accessory dwelling unit in relation to the principal dwelling.

2.

Photographs accurately showing property on which the accessory dwelling unit is to be constructed and properties adjacent to side property lines.

(Ord. G-7189 § 83, 2005; Ord. G-7012 § 56, 2003; Ord. G-6077 § 298, 1994; Ord. G-5346 § 99, 1990: prior code § 7240.04(A))

(Ord. No. G-8725, § 19, 7-11-17)

19.90.060 - Plot plan review application—Review and approval.

The plot plan review application shall be reviewed and approved in accordance with the procedures set out in Sections 19.102.040 through 19.102.060, except as follows:

Deviations to the development standards specified in this chapter shall require approval of a zone variance in accordance with the provisions set out in Chapter 19.106.

(Ord. G-7189 § 84, 2005: Ord. G-7012 § 57, 2003; prior code § 7240.04(B))

(Ord. No. G-8725, § 19, 7-11-17)

19.90.070 - Permit revocation and modification.

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

(Prior code § 7240.04(C))

(Ord. No. G-8725, § 19, 7-11-17)

Chapter 19.91 - WIRELESS COMMUNICATION FACILITIES

Sections:

The purpose of this chapter is to establish reasonable guidelines and regulations for the siting of wireless communication facilities providing nonbroadcast services and shall include those facilities subject to the Federal Telecommunication Act of 1996, as amended, and shall include commercial wireless cellular radiotelephone facilities, enhanced specialized mobile radio service facilities, personal communication and paging system service facilities, fixed-point microwave and satellite service facilities, private land mobile radio service facilities, and public safety radio systems. Additionally, this chapter shall also apply to

nonpersonal wireless facilities, unless specifically excluded. This chapter shall not apply to broadcast service facilities, including television and radio broadcast facilities and amateur radio facilities, nor shall it apply to an antenna mounted on an existing utility pole, provided the antenna addition does not result in an increase in overall height of the pole structure.

The siting of wireless communication facilities shall be encouraged to minimize the adverse aesthetic impacts on residential areas and other sensitive viewsheds by colocating facilities wherever feasible and through the use of stealth design technologies by disguising the facility so that it is not easily recognizable as telecommunications equipment, or other screening and design treatments, which seek to harmonize tower siting with the natural or built environment This chapter is intended to establish objective standards for the placement and design of wireless communication facilities in a manner that recognizes the need for telecommunication providers to establish complete system coverage, while ensuring that the health, safety, and design impacts of such facilities are minimized.

(Ord. G-6966 § 2 (part), 2003)

In those zoning districts where a conditional use permit is required for the installation of wireless communication facilities, the following additional information shall be submitted as part of the conditional use permit application:

A.

Documentation identifying existing or proposed communication network design and a description of the need for the proposed facility, including documentation showing possible alternative sites considered for the proposed facility, together with the reasons why those alternative sites were rejected.

B.

A written description of the potential for colocation of the proposed facility at existing communication sites.

C.

A statement acknowledging the ability of other wireless communication services to potentially colocate at the proposed facility shall be submitted, unless the design of the facility cannot support additional antennas, which shall be supported by adequate evidence. While it is the county's policy to strongly encourage colocation of wireless communications facilities when feasible, the county also recognizes that colocation may not be feasible for some facilities employing stealth design, slim-line monopoles, or where the potential for frequency or electronic interference, or network coverage requirements would preclude it. The colocation potential of a proposed facility can be demonstrated if the tower will be constructed with excess structural capacity sufficient, certified by the applicant's engineer, to support three (3) or more antennas and if sufficient ground area is provided to accommodate three (3) or more equipment shelters. Except for facilities employing stealth design, proposed towers demonstrating such colocation potential shall be given preference over proposed towers without such potential.

D.

If the site is located within one-half (½) mile of any residentially or commercially zoned area, or within onehalf (½) mile of areas zoned A-1 and RF, a visual impact analysis shall be submitted consisting of photo mock-ups or digitally enhanced representations showing the project site "before" and "after" installation. For installations in other areas, submit complete facility elevations and photographs of the site.

E.

Unless the proposed communications tower is a stealth designed tower, submit justification for the design of the tower and supporting systems and a description of possible alternate tower designs.

F.

Submit estimates of the maximum radio frequency radiation and electromagnetic field emissions as measured from the edge of the facility site, and provide certification that those fields do not exceed federal standards.

G.

Show the locations of existing freestanding wireless communication structures towers within one (1) mile from the edge of the facility site.

H.

Show the location of all private general purpose and public airstrips within two (2) miles of the facility site.

I.

If the applicant is not a direct provider of a wireless communications service, a letter of intent shall be submitted from such a service indicating their intent to use the proposed facility. Documentation of service providing capacity from the public utilities commission shall be submitted in conjunction with the submitted letter of intent if questions arise as to the company's legal ability to provide wireless service to the affected area.

J.

Provide a USGS topographical map, with the site indicated.

K.

Indicate the location of the closest off-site dwelling.

L.

Provide latitude, longitude, site elevation in relation to mean sea level (MSL).

M.

Indicate the proposed tower height and submit elevation drawings.

(Ord. G-6966 § 2 (part), 2003)

19.91.030 - Development standards.

A.

The following development standards shall apply to the siting and design of all freestanding wireless communication facilities in all zoning districts, except as otherwise indicated:

1.

No new freestanding wireless communication facilities shall be installed on a site located in a residential zoning district that is not already developed with telecommunication facilities unless it blends with the surrounding existing natural and manmade environment in such a manner as to be effectively unnoticeable, unless all of the following are provided:

(a)

Technical evidence acceptable to the approving authority showing a clear and convincing need for this facility to achieve adequate service coverage; and

(b)

Documentation demonstrating the infeasibility of collocation on another existing telecommunications facility or the submittal of clear evidence showing that collocation on an existing telecommunications facility would create adverse impacts on the environment; and

(c)

Documentation supporting an inability to stealth the facility owing to technical or design considerations.

2.

Communication towers located on property within, or within three hundred (300) feet of, any residentially zoned area, area zoned RF, or area designated for residential development by the applicable General Plan, shall employ stealth technology, where the tower is camouflaged so as to look like a pine tree (monopine), palm tree (monopalm), or other structure disguising the facility which is compatible to the area, as determined through the conditional use permit process.

3.

Except for communication towers to be located within an M-2 or M-3 District, freestanding towers located on property within, or within three hundred (300) feet of, an area zoned CO, C-1, C-2, or CH District, shall be limited to guy wireless, slim-line monopole towers with flush-mounted vertical antennas or, as an alternative, shall employ stealth design features. This requirement shall also apply to tower installations on properties zoned M-1 where the tower will be located within three hundred (300) feet of a commercial zone district. Slim-line monopoles or towers employing stealth design shall be strongly encouraged, but not required, on sites located within an A-1 District, unless the applicable hearing body determines that such a design is essential for making a finding of land use compatibility. A slim-line tower shall measure no more than twenty-four (24) inches in diameter at the base which tapers toward the top. The maximum distance of antenna arrays from the pole shall be eighteen (18) inches.

4.

The maximum overall permitted height of the tower, including appurtenances, is subject to Section 19.08.160 and shall not exceed eighty (80) feet in any area zoned A-1, R-1, R-2, E, MP, PL, or RF. In other zone districts, the maximum permitted height is subject to Section 19.08.160 and shall not exceed the height indicated in the applicable base zoning district or one hundred fifty (150) feet, whichever is less.

5.

No freestanding tower shall be located within fifty-five (55) feet from the centerline of any existing or designated public road. Except for freestanding towers to be installed on agriculturally, commercially, or industrially zoned property, a minimum setback of twenty-five (25) feet from all property lines shall be required. For towers contiguous to residentially zoned areas and to areas zoned A-1 and RF, a minimum setback of one hundred twenty percent (120%) of the overall height of the tower to the affected property shall be required. In no case shall the facility be located within one hundred (100) feet of any off-site dwelling.

6.

A minimum setback of one (1) times the overall height of the tower, including appurtenances, shall be observed from any state highway, as measured from the edge of the road right-of-way.

7.

Prior to the issuance of building permits for new towers and antenna facilities located on any site easterly of R31E, MDB&M, or easterly of R17W, SBB&M, within Kern County, including new towers, tower modifications, antenna additions or new equipment affecting transmission capabilities, facility plans, including the height of all proposed structures and radio frequency specifications, shall be reviewed by the Air Force Flight Test Center (Plans and Policies Division) at Edwards Air Force Base and the China Lake Naval Weapons Center. Written documentation of such review shall be required before permits will be released.

8.

Except within commercial and industrial zone districts, freestanding towers which will not be constructed using stealth design or slim-line monopole design, shall not be located within one (1) mile of any other freestanding wireless communications facility. This requirement shall not apply to roof-mounted antennas, to façade-integrated antennas, to approved sites which contain multiple transmission towers, or to antennas authorized by the planning director to be installed on other existing accessory structures.

9.

A landscape plan shall be required for all new facility locations within a residentially zoned area, commercially zoned area, RF zoned area, or within one-quarter (¼) mile of any such areas. Landscaping plans shall include perimeter landscaping around the entire communications facility site, excluding access points into the facility. Use of landscape features such as gravel and boulders in conjunction with drought tolerant plants are encouraged. Trees may be required by the approval authority when deemed necessary to ensure compatibility to the surrounding area. The landscape plan shall be in conformance with 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).

10.

Tower and support facilities located entirely within, or within one-half (½) mile of, a residentially zoned area shall not be equipped with external lighting, except as required by the FAA, UBC, or when required as a condition of approval of an approved conditional use permit. Where lighting is otherwise permitted, lighting fixtures shall be "down-shielded" to limit the potential for off-site lighting and glare impacts. This requirement shall not apply to approved towers employing stealth design by disguising the tower as a flag pole when the American flag will be flown at night.

11.

All equipment shelters, poles, towers, antennas, and supporting structures shall be treated with nonreflective colors.

12.

Roof-mounted antennas are permitted on buildings within commercial and industrial zones and within the NR District. The maximum permitted height for roof-mounted antennas shall be fifteen (15) feet above the roof line of the structure. Façade-integrated antenna systems may also be incorporated into the architectural design of said buildings. Equipment shelters shall be enclosed in housings that are compatible to the architectural elements of the affected building.

(Ord. G-7189 § 85, 2005; Ord. G-6966 § 2 (part), 2003)

(Ord. No. G-8226, § 100, 11-8-11; Ord. No. G-8656, § 22, 7-26-16)

Any wireless telecommunications facilities not in operation for a consecutive period of twelve (12) months shall be deemed abandoned and shall be removed within sixty (60) days from the date written notice to the owner of the facility has been sent by the county. If the owner of the wireless communications facility does not remove the structure(s) identified in said notice within sixty (60) days, the property owner shall be served with written notice to remove the identified structure(s) within sixty (60) days. If the property owner does not remove the structure(s) within this sixty (60) day period, the county may remove the structure(s) at the property owner's expense and lien the property to recover all enforcement and removal costs.

(Ord. G-6966 § 2 (part), 2003)

Chapter 19.92 - DENSITY BONUSES

The purpose of this chapter is to implement general plan policies and state law requirements for density bonuses in specified residential projects. Under policies of the county general plan, a density bonus of up to twenty percent (20%) shall be allowed for specified residential projects that provide complete infrastructure improvements, including community water distribution and sewage collection and treatment

systems. Under the requirements of state law, a density bonus of twenty-five percent (25%) shall be granted for specified residential projects of five (5) or more units in which at least twenty-five percent (25%) of the units are affordable to persons and families of low or moderate income or in which ten percent (10%) of the units are affordable to lower income households. A twenty percent (20%) bonus shall be granted for those residential developments within certain zone districts when on-site daycare facilities are provided. A ten percent (10%) density bonus shall be granted to residential developments in conjunction with the submittal and approval of a cluster plan pursuant to Chapter 19.58 of this title. The density bonus shall be in addition to the maximum allowable density specified by the general plan land use category for the area in which the project is located. With the exception of a density bonus granted in conjunction with approval of a cluster plan, only one (1) of the above density bonuses may apply to a qualifying project.

(Ord. G-6297 § 65, 1996: Prior code § 7245.01)

(Ord. No. G-8226, § 101, 11-8-11)

19.92.020 - Density bonuses for residential projects.

A.

A density bonus of up to twenty percent (20%) over the maximum density specified by the applicable general plan land use category shall be allowed for any residential project of fifty (50) or more units located in the Medium-density Residential (R-2), High-density Residential (R-3), Mobilehome Park (MP) or General Commercial (C-2) districts if the residential project provides adequate on-site day care facilities for the care of children.

B.

A density bonus of up to twenty percent (20%) over the maximum density specified by the applicable general plan land use category shall be allowed for any residential project of five (5) or more units located in the Low-density Residential (R-1), Medium-density Residential (R-2), High-density Residential (R-3), Mobilehome Subdivision (MS), Mobilehome Park (MP) or General Commercial (C-2) districts if the residential project provides complete public infrastructure improvements, including streets and roads, curbs, gutters and sidewalks, drainage facilities and community water distribution, and sewage collection and treatment systems operated by a public agency.

1.

The extent of necessary infrastructure improvements and the amount of the density bonus up to twenty percent (20%) shall be determined by the decision-making authority reviewing and approving the project in accordance with the procedures set out in Chapter 19.102 of this title.

2.

If the density bonus provided for by this subsection is used for a qualifying project, no other density bonus may be applied to the project.

The residential project qualifying for this density bonus shall comply with all regulations of the zoning district or districts applicable to the area in which it is located, all other requirements of this title, and all other requirements and regulations of the county of Kern and the state of California.

C.

A density bonus of twenty-five percent (25%) over the maximum density specified by the applicable general plan land use category shall be allowed for any new residential project or condominium conversion project containing five (5) or more units located in the Low-density Residential (R-1), Medium-density Residential (R-2), High-density Residential (R-3), Mobilehome Subdivision (MS), Mobilehome Park (MP) or General Commercial (C-2) districts if at least twenty percent (20%) of the total number of units will be provided for lower income households, as defined in the Health and Safety Code; or ten percent (10%) of the total units will be provided for very low income households, as defined in the Health and Safety Code; or fifty percent (50%) of the total units will be provided for qualifying residents, as defined in Section 51.2 of the Civil Code.

1.

The units allowed as part of the density bonus shall not be included when determining the number of dwelling units which is equal to ten percent (10%) or twenty percent (20%) of the total. If the density bonus provided for by this subsection is used for a qualifying project, no other density bonus may be applied to the project.

2.

The residential project qualifying for this density bonus shall comply with all regulations of the zoning district or districts applicable to the area in which it is located, all other requirements of this chapter, and all other requirements and regulations of the county of Kern and the state of California, including Section 65915 of the Government Code.

3.

If the applicant requests a waiver or modification of zoning development standards as authorized by Section 65915 of the Government Code, such a request shall be made in writing in conjunction with formal submittal of a qualifying development application. If a zone variance or zone modification is required to accommodate the request, the applicant shall submit the appropriate application.

D.

A density bonus of ten percent (10%) over the maximum density specified by the applicable general plan land use category shall be allowed in conjunction with the submittal and approval of a cluster plan pursuant to Chapter 19.58 of this title. This density bonus is in addition to any other density bonus granted pursuant to this chapter.

(Ord. G-6297 § 6, 1996: Ord. G-5684 §§ 91, 92, 1991; Ord. G-4993 § 53, 1989; Prior code § 7245.02)

(Ord. No. G-8226, § 102, 11-8-11)

No development may occur pursuant to this chapter until an application for a density bonus permit has been submitted and approved as provided in this section.

(Prior code § 7245.03 (part))

An application for a density bonus permit review shall include the following:

A.

Name and address of applicant;

B.

Name(s) and address(es) of property owner(s);

C.

Assessor's parcel number(s);

D.

Legal description;

E.

A site development plan drawn at the scale specified by the planning director, which includes the following information:

1.

Topography of the lot(s),

2.

Proposed street system and parking area,

3.

Lot design,

4.

Location of buildings,

5.

Location of other proposed uses,

6.

Proposed setbacks,

7.

Areas to be reserved for parks, schools or other public or quasi-public facilities,

8.

Proposed landscaping,

9.

Water supply and distribution,

10.

Sewage disposal system,

11.

Drainage system,

12.

North arrow;

F.

A narrative description of the proposed development, including the following:

1.

Total number of dwelling units and number of dwelling units per acre,

2.

Number of dwelling units to be made available to persons of low and moderate income or to lower-income households, if applicable,

3.

Method of maintaining the affordability of the units described in subparagraph (2) of this subsection, if applicable,

4.

Building coverage expressed as a percent of the total area of the property,

5.

Area of land devoted to landscaping or open space usable for recreation purposes and its percentage of the total land area,

Method of sewage disposal,

7.

Water supply, both domestic and fire,

8.

Proposed on-site drainage facilities,

9.

Methods of flood control, where appropriate,

10.

Phasing or development schedule.

(Ord. G-6077 § 300, 1994; Prior code § 7245.03(A))

19.92.050 - Permit application—Review and approval.

Where a discretionary permit or rezoning is otherwise required for the residential project, the density bonus permit application shall be reviewed and approved in conjunction with that discretionary permit or rezoning approval project. Where no other discretionary permit or rezoning is required for the residential project, the density bonus permit application shall be reviewed and approved in accordance with the procedures set out in Sections 19.102.040 through 19.102.060 of this title.

(Prior code § 7245.03(B))

Prior to submitting a formal application for a density bonus permit pursuant to this chapter or prior to submitting a formal application for a tentative map for conversion of apartments to a condominium project, an applicant shall submit to the planning director a preliminary proposal in writing for the residential project or condominium project. The planning director shall, within ninety (90) days of receipt of a written proposal, notify the applicant in writing of the procedures the applicant must follow to secure a density bonus provided for in this chapter.

(Ord. G-6077 § 302, 1994: Prior code § 7245.03(C))

Chapter 19.94 - HOME OCCUPATIONS

The purpose of this chapter is to establish standards for home occupations. In general, a home occupation is a residential accessory use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence. The standards for home occupations in this chapter

are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood.

(Prior code § 7250.01)

Home occupations may include, but are not necessarily limited to, the following:

A.

Artist, sculptor, or photography studio, taxidermist, or firearm repair;

B.

Author or composer;

C.

Barber or cosmetologist, one (1) chair or booth only, limited to the following practices:

•

Manicurist

•

Esthetician

•

Electrologist

•

Hair stylist or colorist

D.

Dressmaker, seamstress, or tailor;

E.

Gardening service;

F.

Home crafts, such as model making, pottery, rug weaving, or lapidary work;

G.

Office of a minister, rabbi, or priest;

H.

Office of a salesman, sales representative, or manufacturers' representative, provided that no retail or wholesale transactions are made on the premises, except as permitted by subsection (H) of Section 19.94.040 of this chapter;

I.

Office of an architect, artist, broker, consultant, engineer, instructor in arts and crafts, insurance agent, land surveyor, musician, bookkeeper, accountant, typist, notary public, or private investigator;

J.

School of special education whose class size does not exceed four (4) pupils at any given time;

K.

Telephone answering service;

L.

Saw sharpening;

M.

Key and locksmith;

N.

Pet grooming, provided that no more than one (1) animal associated with the use is on the premises at a time;

O.

Firearm sales, provided that resident has obtained: a federal firearms license, a seller's permit from the state board of equalization and certificate of eligibility from the Department of Justice. Stocking of firearms and ammunition for retail sales shall be prohibited.

(Ord. G-7482 § 105, 2007: Ord. G-7189 § 87, 2005; Ord. G-6191 § 87, 1995: Ord. G-5966 §150, 1993: Ord. G-5803 § 49, 1992: prior code § 7250.02)

(Ord. No. G-8226, § 103, 11-8-11)

19.94.030 - Home occupations not permitted.

Permitted home occupations shall not in any event be deemed to include such uses as:

A.

Antique shop;

B.

Barbershop or beauty parlor, except pursuant to Section 19.94.020(D);

C.

Funeral chapel or funeral home;

D.

Gift shop;

E.

Medical or dental clinic or hospital, or chiropractic office;

F.

Renting of trailers, autos, trucks and motorcycles;

G.

Restaurant or catering business;

H.

Stable or kennel;

I.

Taxi service;

J.

Towing service;

K.

Veterinary clinic or hospital;

L.

Car repair or small engine repair;

M.

Cabinet making;

N.

Appliance repair;

O.

Upholsterer, auto or furniture.

(Ord. G-7482 § 106, 2007: Ord. G-6191 § 88, 1995: Ord. G-5966 §152, 1993: Ord. G-5803 § 50, 1992: prior code § 7250.03)

A home occupation shall comply with the following minimum standards:

A.

The home occupation shall be conducted solely by the occupants of the residence.

B.

Not more than twenty-five percent (25%) of the gross area of one (1) floor of a residence, or equivalent area in an enclosed detached accessory building, shall be used for such purpose, including storage space required in conjunction with the home occupation.

C.

No use shall require external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure or the fire district in which the structure is located.

D.

There shall be no outside storage of any kind related to the home occupation.

E.

The home occupation shall be conducted by appointment only.

F.

The home occupation shall not require the services of commercial carrier freight deliveries at the site in a frequency greater than normally found in a residential area.

G.

No home occupation shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.

H.

There shall be no on-site sales of products or merchandise other than those produced on the premises and shall be limited to those which are incidental to the permitted home occupation.

I.

No sign shall be permitted, other than the clearly posted address of the home.

J.

Vehicles required for the operation of a home occupation shall not exceed a gross weight of five (5) tons.

K.

Class I flammable liquids or liquefied flammable gases may not be used or stored on the premises. Not more than the equivalent of seventy-five (75) cubic feet of other flammable material used in conjunction with the home occupation may be used or stored on the premises.

L.

The home occupation shall not be operated in such a manner as to cause a nuisance or interfere with the peace and quiet, and the residential character, of the neighborhood.

(Ord. G-7189 §§ 89, 90, 2005; Ord. G-6864 §§ 72, 73, 2002; Ord. G-6077 § 303, 1994; Ord. G-5966 § 153, 1993: Ord. G-5803 § 51, 1992; prior code § 7250.04)

19.94.050 - Home occupation permit—Required.

No home occupation shall be established until an application for a home occupation permit has been submitted to and approved by the planning director as consistent with the requirements of this chapter in accordance with the procedures set out in Sections 19.102.040 through 19.102.060 of this title.

(Ord. G-6077 § 305, 1994: prior code § 7250.05 (part))

19.94.060 - Home occupation permit—Application—Contents.

An application for a home occupation permit shall include the following:

A.

Name and address of applicant;

B.

Name(s) and address(es) of property owner(s);

C.

Assessor's parcel number(s);

D.

Description of the home occupation including:

1.

Trade name or business title,

Resale number, if any,

3.

Detailed description of the proposed occupation,

4.

Tools, machinery or equipment required or used in the practice of the occupation.

(Prior code § 7250.05(A))

The home occupation permit application shall be reviewed and approved in accordance with the procedures set out in Sections 19.102.040 through 19.102.060 of this title.

(Prior code § 7250.05(B))

19.94.080 - Permit revocation and modification.

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

(Prior code § 7250.05(C))

Chapter 19.96 - LARGE FAMILY DAY CARE HOMES

The purpose of this chapter is to authorize the establishment of large family day care homes in residential neighborhoods where such uses will not have an adverse effect on surrounding area.

(Prior code § 7255.01)

Large family day care homes shall comply with the following standards:

A.

An operating license, if required, shall be obtained through the state department of social services, community care licensing division, prior to or concurrently with obtaining a permit pursuant to this chapter. The applicant shall comply with all applicable state and county regulations, including, but not limited to, the following:

1.

Large family day care homes shall be located within a detached single-family dwelling.

2.

A large family day care home may provide care for more than twelve (12) children and up to and including fourteen (14) children if all of the following conditions are met:

a.

At least two (2) of the children are at least six (6) years of age.

b.

No more than three (3) infants are cared for during any time when more than twelve (12) children are being cared for.

c.

The licensee notifies a parent that the facility is caring for two (2) additional school age children and that there may be up to thirteen (13) or fourteen (14) children in the home at one time.

d.

The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.

B.

Sufficient off-street loading space shall be provided in addition to the required off-street parking to serve the dwelling. The required loading space may be located within the required front yard.

C.

Outside play areas shall be screened from adjacent properties with either a solid wood fence or masonry wall six (6) feet in height. The fence or wall height shall be reduced to four (4) feet within the required front yard. The screening requirement may be reduced or eliminated by the planning director with the written consent of all abutting property owners.

D.

No signs other than those permitted by the applicable zoning district regulations shall be permitted.

(Ord. G-6412 § 58, 1997: Ord. G-6297 § 67, 1996: Prior code § 7255.02)

(Ord. No. G-7821, § 78, 1-27-09)

No large family day care home shall be established until an application for a large family day care home permit has been submitted to and approved by the planning director in accordance with the procedures set out in Section 19.96.050.

(Ord. G-6077 § 306, 1994: Ord. G-5063 § 2, 1989: Prior code § 7255.03 (part))

An application for a large family day care home permit shall include the following:

A.

Name and address of the applicant;

B.

Name(s) and address(es) of the property owner(s);

C.

Assessor's parcel number(s);

D.

Legal description of the property;

E.

Plot plan drawn at the scale specified by the planning director, which includes the following information:

1.

Existing and proposed buildings and structures,

2.

Distance of all existing and proposed buildings and structures from property lines,

3.

Outside play areas, including screening,

4.

Off-street loading space,

5.

North arrow;

F.

Days and hours of operation;

G.

Number of children for whom care is to be provided;

H.

Copy of license or license application.

(Ord. G-6077 § 307, 1994; Prior code § 7255.03(A))

A large family day-care home permit application shall be approved according to the procedures set out in Sections 19.102.040 through 19.102.060 of this title, except as otherwise set forth below.

A.

Not fewer than ten (10) days prior to the date on which the decision will be made on the application, a notice of opportunity for public hearing shall be sent by mail or delivered to all property owners of property located within a one hundred (100) foot radius of the exterior boundaries of the proposed family day-care home. No hearing on the application shall be held before a decision is made unless a hearing is requested by the applicant or other affected person.

B.

If a public hearing is requested by the applicant or other affected person, a notice of public hearing shall be sent by mail or delivered to all property owners of property located within a one hundred (100) foot radius of the exterior boundaries of the proposed large family day-care home for consideration at a hearing to be held by the planning director. After considering input at a public hearing, the planning director shall render a decision in accordance with Section 19.102.100 of this title. In reaching a decision, the planning director shall consider the applicant's ability to ensure compliance with the provisions of this chapter and the spacing and concentration of other large family day-care homes in the immediate area and may impose conditions related to traffic control, parking and noise control, provided that any required noise control measures are consistent with the noise element of the governing specific or general plan. An application shall only be denied based on noncompliance with the requirements of this chapter or the stated intent of the applicant to violate any required conditions.

C.

The applicant or other affected person may appeal the decision of the planning director according to the procedures set out in Section 19.102.110 of this title.

(Ord. G-6077 § 309, 1994: Ord. G-5063 § 3, 1989: Prior code § 7255.03(B))

(Ord. No. G-7821, § 80, 1-27-09)

19.96.060 - Permit revocation and modification.

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

(Prior code § 7255.03(C))

Chapter 19.98 - OIL AND GAS PRODUCTION[[2]]

--- ( 2 ) ---

Footnotes:

Editor's note— Ord. No. G-8992, § 23, adopted March 8, 2021, amended Ch. 19.98 in its entirety to read as herein set out. Former Ch. 19.98, §§ 19.98.010—19.98.070, pertained to similar subject matter, and derived from the prior code §§ 7260.01—7260.07; Ord. G-5346 § 100, adopted in 1990; Ord. G-5885 § 136, adopted in 1993; Ord. G-6077 §§ 310, 312—315, 317, adopted in 1994; Ord. G-6551 § 98, adopted in 1998; Ord. No. G-8035, § 84, adopted April 20, 2010; Res. No. 2020-116, § 2, adopted May 19, 2020; Res. No. 2020-116, adopted § 2, May 19, 2020.

The purpose of this chapter is to ensure the protection of the health, safety and general welfare of communities, residents, and visitors though the permitting of responsible, streamlined and economically viable recovery of oil, gas, and other hydrocarbon substances in a manner compatible with surrounding land uses. It establishes reasonable limitations, safeguards, and controls on exploration, drilling, and production of hydrocarbon resources. The procedures and standards contained in this chapter shall apply to all exploration drilling and production activities related to oil, gas, and other hydrocarbon substances carried out within the unincorporated San Joaquin Valley portion of Kern County (see Figure 19.98.015). The effective date of this version of Chapter 19.98 is April 7, 2021.

(Ord. No. G-8992, § 23, 3-8-21)

19.98.020 - Definitions of oil and gas production activities.

Oil and gas exploration and operations contain many highly technical activities. For the purposes of this Chapter 19.98, definitions of activities are located throughout the chapter, where applicable. Unless otherwise indicated in this chapter, the definitions in Chapter 19.04 remain applicable.

(Ord. No. G-8992, § 23, 3-8-21)

Oil and gas production in Kern County occurs within the portion of Kern County depicted in Figure 19.98.015. This oil and gas activities boundary area is divided into five (5) tier areas and depicted in Figure 19.98.015. Changes to the oil and gas production boundary area and tier boundaries of Figure 19.98.015 shall be through the procedures in Chapter 19.112.

The tier areas were designated based on the following land use planning considerations:

A.

Tier 1 Area is defined as all areas in which oil and gas activity is the primary land use. The existing well and activity densities preclude almost all other uses except for passive uses such as grazing.

B.

Tier 2 Area is defined as all areas that are classified Exclusive Agriculture (A) or Limited Agriculture (A-1) Districts, have agriculture as the primary surface land use, and are not included in Tier 1.

C.

Tier 3 Area is defined as other areas not within a Tier 1 Area that are located in one (1) of the following zone districts:

•

Natural Resource (NR)

Recreation Forestry (RF)

Light Industrial (M-1)

Medium Industrial (M-2)

Heavy Industrial (M-3)

Floodplain Primary (FPP)

Drilling Island (DI)

Zone districts that have the Petroleum Extraction (PE) Combining District

D.

Tier 4 Area is defined as areas not within Tier 1, 2, or 3, that include at least one (1) of the following zone districts:

•

Estate (E)

Low-density Residential (R-1)

•

Medium-density Residential (R-2)

High-density Residential (R-3)

•

Commercial Office (CO)

Neighborhood Commercial (C-1)

General Commercial (C-2)

Highway Commercial (CH)

Open Space (OS)

•

Platted Lands (PL)

•

Mobilehome Park (MP)

Authorized oil and gas activities in Tier 4 are subject to approval of a conditional use permit in accordance with Chapter 19.104 of this title.

E.

Tier 5 are areas including all current and future specific plan boundaries either adopted with a Special Planning (SP) District or which include specific provisions for oil and gas operations. Oil or gas exploration and production activities would be allowed with a conditional use permit or as permitted by the regulations contained within the adopted specific plan in Tier 5 Areas.

F.

All other areas not defined as Tier 1-5 Areas within the oil and gas production area are considered nonjurisdictional because they are not within the jurisdiction of Kern County. Land owned by the United States, State of California or land within an incorporated city are exempt, unless under the authority of a written

agreement with the board of supervisors. The regulations set forth in this chapter pertain only to accessory structures, facilities or uses that are physically connected to, provide access or services to, or otherwise support, oil and gas activities in these non-jurisdictional areas.

==> picture [529 x 372] intentionally omitted <==

(Ord. No. G-8992, § 23, 3-8-21)

19.98.040 - Oil and gas activities by ministerial permit.

A.

No well for use as an injection well and no well for the exploration for or development or production of oil or gas or other hydrocarbon substances may be drilled, and no related accessory equipment, structure, or facility may be installed in any Tier 1, 2, and 3 Areas until an application for oil and gas conformity review or minor activity review has been submitted to and approved, with all adopted fees and mitigation paid, by the planning director as consistent with the standards set out in Section 19.98.060 of this chapter and in accordance with the procedures set out in Sections 19.98.070 through 19.98.120 of this chapter. No such

well may be drilled, or related accessory equipment, structure, or facility installed, in a Tier 5 Area unless the specific plan procedures for authorizing such activities have been completed, or if no such procedures are included in a specific plan unless the oil and gas conformity review or minor activity review has been submitted and approved consistent with the procedures applicable to Tier 1, 2 and 3 Areas.

B.

Disposal of nonhazardous oilfield fluid waste and production water is considered an accessory facility only if the facility complies with the following:

1.

The nonhazardous oilfield fluid waste or production water is produced and disposed of within the same designated oilfield; or

2.

The nonhazardous oilfield fluid waste or production water disposed of outside the designated oilfield of origin is produced by and disposed of solely and only by the same individual, corporation, or entity or by reciprocal agreement among oil and gas operators in Kern County.

C.

The provisions of this section apply to the first two thousand six hundred ninety-seven (2,697) new individual well permit issued each calendar year, within the oil and gas production boundary area. Any new well permits beyond two thousand six hundred ninety-seven (2,697) applied for in a calendar year would be subject to a conditional use permit.

(Ord. No. G-8992, § 23, 3-8-21)

19.98.050 - Oil and gas activities by conditional use permit.

A.

In Tier 4, no well for use as an injection well and no well for the exploration for or development or production of oil, gas, or other hydrocarbon substances may be drilled, and no related accessory equipment, structure, facility or use may be installed in any zoning district described in this title in which such uses are permitted as conditional uses, or on land owned by the State of California subject to provisions of 19.98.030, until an application for a conditional use permit, which includes the information specified in Section 19.98.080, has been submitted to and approved by the planning commission as consistent with the standards set out in Section 19.98.060 of this chapter and in accordance with the standards and procedures set out in Sections 19.102.130 through 19.102.180 and Chapter 19.98 of this title. In approving a conditional use permit, the planning commission may waive any condition set out in Section 19.98.060 of this chapter if it determines that such waiver will not result in material detriment to the public welfare or the property of other persons located in the vicinity, based on findings of fact and compliance with the California Environmental Quality Act.

B.

No well for use as an injection well and no well for the exploration for or development or production of oil, gas, or other hydrocarbon substances may be drilled, and no related accessory equipment, structure, or facility, outside the boundaries as defined in Figure 19.98.015, may be installed in any zoning district described in this title in which such uses are permitted, or on land owned by the State of California subject to provisions of 19.98.030, until an application for a conditional use permit, which includes the information specified in Section 19.98.080, has been submitted to and approved by the planning commission as

consistent with the standards set out in Section 19.98.060 of this chapter and in accordance with the standards and procedures set out in Sections 19.102.130 through 19.102.180 and Chapter 19.98 of this title. In approving a conditional use permit, the planning commission may waive any condition set out in Section 19.98.060 of this chapter if it determines that such waiver will not result in material detriment to the public welfare or the property of other persons located in the vicinity, based on findings of fact and compliance with the California Environmental Quality Act.

C.

Should any activity requiring approval of an oil and gas conformity review or minor activity review pursuant to Sections 19.98.070 through 19.98.120 of this chapter, not be able to comply with the Implementation Standards and Conditions set forth in Section 19.98.060, an application for a conditional use permit, which includes the information specified in Section 19.98.080, shall be submitted to and approved by the planning commission in accordance with the standards and procedures set out in Sections 19.102.130 through 19.102.180 and Chapter 19.98 of this title. In approving a conditional use permit, the planning commission may waive/modify any condition set out in Section 19.98.060 of this chapter if it determines that such waiver or modification will not result in material detriment to the public welfare or the property of other persons located in the vicinity, based on findings of fact and compliance with the California Environmental Quality Act.

D.

If a well is not completed upon land subject to a conditional use permit issued pursuant to this chapter and Chapter 19.104 of this title within twelve (12) months from the date of issuance of the permit, or within any approved period thereof, the conditional use permit shall expire and the premises shall be restored as nearly as practicable to their original condition. No permit shall expire while the permittee is continuously conducting drilling, redrilling, completing or abandoning activities, or related operations, in a well on the lands covered by such permit, which activities were commenced while said permit was otherwise in effect. Continuous activities are those suspended for not more than ninety (90) consecutive days. If, at the expiration of the twelve- (12-) month period, the permittee has not completed his drilling program on the lands covered by such permit, the decision making authority, upon a written request of the permittee, may extend the permit for the additional time requested by permittee for the completion of such drilling, in accordance with the standards and procedures set out in Sections 19.102.130 through 19.102.180.

E.

The following accessory uses shall require a conditional use permit:

1.

Cogeneration facility.

2.

Landfills.

(Ord. No. G-8992, § 23, 3-8-21)

Pursuant to this chapter, all activities for the exploration for or development or production of oil, gas, and other hydrocarbon substances and related accessory buildings, structures, facilities, and activities shall comply with the following standards, unless otherwise provided in this chapter:

A.

No oil or gas well shall be drilled within the following distances:

1.

One hundred (100) feet of any public major or secondary highway or building not necessary to the operation of the well.

2.

Two hundred ten (210) feet of any sensitive receptor (single or multi-family dwelling unit, place of public assembly (a legally permitted place where one hundred (100) or more people together in a building, or structure, for the purpose of amusement, entertainment or retail sales), churches, institution, or hospital); or

3.

One hundred (100) feet of any building utilized for commercial purposes, not used for oil and gas operations.

4.

Three hundred (300) feet of the legal parcel property line that contains a permitted public or private school. A single family or multi-family dwelling unit that may have home schooling activities shall use the singlefamily dwelling unit distance.

B.

All drilling and production activities shall conform to all applicable fire and safety regulations. Firefighting apparatus and supplies required by the Kern County fire department shall be maintained on the site at all times during drilling and production operations.

C.

All required federal, state, and county rules and regulations shall be complied with at all times, including, but not limited to, the rules and regulations of the following agencies:

1.

California Geologic Energy Management Division (CalGEM)

2.

Kern County Fire Department

Kern County Public Health Department

4.

Regional Water Quality Control Board

5.

San Joaquin Valley Air Pollution Control District

6.

Kern County Public Works Department

7.

California Department of Fish and Wildlife

8.

United States Bureau of Land Management

9.

United States Fish and Wildlife Service

10.

United States Environmental Protection Agency

D.

The applicant shall comply with all applicable mitigation measures as shown in the steps to compliance checklist in the approved Mitigation Monitoring and Reporting Program (MMRP) for the revisions to the Zoning Ordinance (A) — 2020

E.

Temporary noise attenuation measures shall be allowed in all zone districts with the written permission of the property owner, a specific timeframe for installation and removal and a site plan review with appropriate fees.

(Ord. No. G-8992, § 23, 3-8-21)

In Tiers 1, 2, 3 and 5, 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 oil and gas conformity review or minor

activities 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 of this title.

(Ord. No. G-8992, § 23, 3-8-21)

19.98.080 - Oil and gas conformity review—Application contents (Tier 1).

Applications for an oil and gas conformity review within Tier 1 Areas, pursuant to Section 19.98.040 of this chapter shall include the following:

A.

Name, telephone number and address of the applicant.

B.

Name(s), telephone number(s) and address(es) of the surface property owner(s), mineral owner(s), oil and gas operator (if different than the applicant).

C.

Assessor's parcel number(s) of all parcels located within the boundaries of the proposed operation, including accessory equipment, structures, and/or facilities. Latitude/Longitude coordinates for all existing and proposed wells.

D.

Description of the project area, including total site acreage, accessory equipment, structures, and/or facilities.

E.

A site plan drawn to scale, sufficient in size to show all necessary details, no larger than eleven inches by seventeen inches (11″×17″), with multiple sheets (if necessary), which includes the following information:

1.

Project boundary lines and dimensions, including lease lines and property lines and site size in square feet and acres.

2.

Location and coordinates of all proposed well holes and related accessory equipment. Location of all roadways, pipelines, tanks, treatment or other structures and facilities to be installed. Distance from proposed well holes to section/midsection lines, located within one-half &(frac12;) mile.

3.

Location of all existing dwellings and structures, located within four thousand (4,000) feet, of the proposed well holes. Identification of the use of each structure, and distances between well holes and existing buildings shall be noted. The location of the nearest sensitive receptor shall be shown in both feet and with coordinates. Location of existing property lines and distance from well site to property line.

4.

Location of all new flare gas production lines, lines for production, electrical lines, and location of tank farms to be used.

5.

North arrow, date the site plan was prepared, and scale.

6.

Location of all accessory/ancillary facilities (including trucking parking, onsite storage, etc.) to be installed with the proposed wells.

7.

California Geologic Energy Management Division permit application number, if available.

8.

Identify the proposed source of water (domestic or production), if applicable.

9.

Show location of all proposed underground pipelines.

10.

Location of any existing oil and gas conformity review boundaries within and/or contiguous to the proposed boundary, including total site acreage and identification of tier area.

11.

Written documentation to allow the county to determine that all conditions required in Section 19.98.060 will be complied with, including all applicable mitigation measures as listed in the approved mitigation monitoring and reporting program for the revisions to the Zoning Ordinance (A) — 2020

12.

Evidence that notice was provided to land/surface owners as required by Section 19.98.080(G).

G.

Notification Requirements:

1.

A physical letter of notification of application that requires a signature for delivery shall be sent by the applicant to all land/surface owners of the property for which the conformity review is being requested, if the land/surface owners are different from the mineral owners. The notice shall include all information required by state law. The letter of notification package shall include a copy of proposed site plan, including an official county handout explaining the conformity review process. The package shall be sent thirty (30) days before submittal of the application. The application shall include evidence that the letter was sent and the signatures received. Any application for which the land/surface owner letter is returned for failure to obtain a signature, the applicant shall provide evidence that the land/surface owner of the property cannot be located through normal means such as tax records. A dated letter of authorization, with specific assessor parcel numbers and the period of time applicable, from the land/surface owner addressed to the county of Kern may be submitted asking that the notification be waived as allowed by state law. In site

locations where mineral rights are owned by the United States Government and the surface is privately owned, the application package shall include confirmation that the proposed site plan has been submitted to the United States Bureau of Land Management.

2.

A second letter shall be sent, by the applicant, when the application is submitted to the county. A dated letter of authorization, with specific assessor parcel numbers and the period of time applicable, from the

land/surface owner, addressed to the county of Kern, may be submitted asking that the notification of application submitted be waived.

3.

Access of the surface for purposes of conducting pre-application activities, such as surveys, shall be subject to any existing agreement between the mineral owner and the land/surface owner, and state regulations. Such access is not subject to the notification requirements set forth in this title.

(Ord. No. G-8992, § 23, 3-8-21)

19.98.085 - Oil and gas conformity review and conditional use permit—Application contents (Tiers 2—5).

Applications for an oil and gas conformity review within Tiers 2, 3, or Tier 5 Areas, pursuant to Section 19.98.040 of this chapter, or for a conditional use permit, for oil and gas activities within a Tier 4 Area, pursuant to Section 19.98.050 of this chapter, shall include the following:

A.

Name, telephone number and address of the applicant.

B.

Name(s), telephone number(s) and address(es) of the surface property owner(s), mineral owner(s), oil and gas operator (if different than the applicant).

C.

Assessor's parcel number(s) of all parcels located within the boundaries of the proposed operation, including accessory equipment, structures, and/or facilities. Latitude/longitude coordinates for all existing and proposed wells.

D.

Preliminary title report, not over ninety (90) days old. A guarantee of title may be submitted for parcels with a preliminary title report on file, over ninety (90) days old.

E.

Legal description of the project area, including total site acreage, located within the boundaries of the proposed operation, including accessory equipment, structures, and/or facilities in aliquot format, unless a more precise legal description is determined to be needed by the planning director.

F.

A site plan drawn to scale, sufficient in size to show all necessary details, no larger than eleven inches by seventeen inches (11″×17″), with multiple sheets (if necessary), which includes the following information:

1.

Topography and proposed grading of the site plan.

Project boundary lines and dimensions, including lease lines and property lines and site size in square feet and acres.

3.

Location and coordinates of all proposed well holes and related accessory equipment. Location of all roadways (access roads), any proposed landscaping, pipelines, tanks, treatment or other structures and facilities to be installed, and any existing or abandoned wells if such are known to exist.

4.

Location of all existing dwellings and structures, located within four thousand (4,000) feet, of the proposed well holes. Identification of the use of each structure, and distances between well holes and existing buildings shall be noted. The location of the nearest sensitive receptor shall be shown in both feet and with coordinates. Location of existing property lines and distance from well site to property line.

5.

Location of all new flare gas production lines, lines for production, electrical lines, and location of tank farms to be used.

6.

North arrow, date the site plan was prepared, and scale.

7.

Location of all recorded easements onsite, roads, section/midsection lines, located within one-half (½) mile of the proposed wells.

8.

Location of all accessory/ancillary facilities (including trucking parking, onsite storage, etc.) to be installed with the proposed wells. Location of planned ground disturbance on irrigated or prime agricultural land.

9.

Description of project boundary in relation to tier areas as defined in Figure 19.98.015.

10.

California Geologic Energy Management Division permit application number, if available.

11.

Identify the location of the one hundred- (100) year floodplain, if applicable.

Identify the proposed source of water (domestic or production), if applicable.

13.

Show location of all new proposed underground pipelines.

14.

Location of any existing oil and gas conformity review boundaries within and/or contiguous to the proposed boundary.

15.

Written documentation in sufficient detail to allow the county to determine that all conditions required in Section 19.98.060 will be complied with, including all applicable mitigation measures as listed in the approved mitigation monitoring and reporting program for the revisions to the Zoning Ordinance (A) — 2020.

16.

Evidence that notice was provided to land/surface owners as required by Section 19.98.085(H).

G.

Signature Block and Statement (Land/Surface Owner, Mineral Owner and Operator. The following statement shall be included on the first page of the site plan. The statement shall be signed by all parties, irrespective of ownership relationship. Multiple lines may be added for multiple ownership signatures. A dated letter of authorization, with specific assessor parcel numbers, from the land/surface owner addressed to the county of Kern may be submitted asking that the signature on the site plan be waived.

REQUIRED STATEMENT

The undersigned Land/Surface Owner is the owner of APN#________. The undersigned is the Mineral Owner and/or Operator or Lessee of the Mineral Owner. The Land/Surface Owner and the Mineral Owner and/or the Operator or Lessee have come to an agreement regarding the use of the surface of the property in connection with the Kern County permit that is being issued with this site plan.

H.

Notification Requirements—Tier 2, 3, 4 and 5 Areas.

1.

A physical letter of notification of application that requires a signature for delivery shall be sent by the applicant to all land/surface owners of the property for which the conformity review is being requested, if the land/surface owners are different from the mineral owners. The notice shall include all information required by state law. The letter of notification package shall include a copy of proposed site plan, and invitation to the land/surface owner(s) offering a meeting with the mineral owner or operator, and including an official county handout explaining the conformity review process. The package shall be sent thirty (30) days before submittal of the application. The application shall include evidence that the letter was sent and the signatures received. Any application for which the land/surface owner letter is returned for failure to obtain a signature, the applicant shall provide evidence that the land/surface owner of the property cannot be located through normal means such as tax records. A dated letter of authorization, with specific assessor parcel numbers and the period of time applicable, from the land/surface owner addressed to the county of Kern may be submitted asking that the notification be waived as allowed by state law. In site locations where mineral rights are owned by the United States Government and the surface is privately owned, the application package shall include confirmation that the proposed site plan has been submitted to the United States Bureau of Land Management.

2.

Access of the surface for purposes of conducting pre-application activities, such as surveys, shall be subject to any existing agreement between the mineral owner and the land/surface owner, and state regulations. Such access is not subject to the notification requirements set forth in this title. On split estates, it is the intent of the county that the decisions generated by this chapter only apply to the mineral estate. No decisions generated by this chapter shall change the existing rights or authority of the private surface owners to full use and enjoyment of their property under laws and regulations in effect prior to the effective date of this chapter, or change the existing rights or authority of the mineral owner to pursue mineral exploration and production except to require compliance with this chapter. The right to enter split estate private surface lands to permit oil and gas operations shall be consistent with existing law or as limited by private agreement between the parties. The right to enter split estate private surface lands by individuals or entities for purposes of conducting biological and cultural resource surveys is limited to those individuals or entities under contract to, and liable to, the mineral owner/operator, and is further limited to the locations of existing or planned oil and gas activities, and such adjacent areas required by survey protocols for relevant species.

(Ord. No. G-8992, § 23, 3-8-21)

19.98.090 - Oil and gas conformity review—With applicable surface owner signature.

A.

An applicant for a ministerial oil and gas conformity review permit pursuant to this chapter shall submit an application to the planning director in the format and number of copies specified by the planning director. The application shall contain all the information specified for the application by the applicable section of this chapter. The application shall be accompanied by the fee established by the board of supervisors pursuant to Section 19.06.040 of this title. For Tier 2, 3 and 5 Areas, a copy of the application shall be provided to the land/surface owner per the requirements of Section 19.98.085(H) above. The application must contain the signature block and statement pursuant to Section 19.98.085(G), or shall contain a letter from the land/surface owner waiving the need for said signature on the specified parcel of the proposed application. The waiver letter must be dated and provide specific language as to the length of time the letter is valid if to be used for future oil and gas conformity reviews.

B.

The planning director shall inform the applicant in writing within seven (7) business days of receipt that the application is complete and shall issue the permit if he/she determines that the proposed use meets the implementation standards and conditions specified in the applicable provisions of this chapter or inform the applicant that additional information is needed to complete the application and therefore the application is deemed incomplete.

C.

Within three (3) business days of reviewing the second submittal, if required, to correct any deficiencies, the planning director shall issue the permit if he/she determines that the proposed use meets the implementation standards and conditions specified in the applicable provisions of this chapter or inform the applicant that additional information is needed to complete the application and therefore the application is deemed incomplete.

D.

Within seven (7) business days of reviewing the third submittal to correct any deficiencies, the planning director shall issue the permit if he/she determines that the proposed use meets the implementation standards and conditions specified in the applicable provisions of chapter. If the application remains incomplete, a mandatory in person meeting with the applicant, and any consultant processing the application on behalf of the applicant, will be required to resolve the issues preventing issuance of the permit. The in-person meeting cannot be waived, and shall be held at the Kern County planning and natural resources department.

E.

Failure of the planning director to meet any deadline for application review or permit issuance as provided in this section shall not cause a permit to be deemed approved.

F.

Any reviews beyond three (3), as provided above, shall require additional fees to be paid, as set forth pursuant to Section 19.06.040 of this title, and shall be completed within thirty (30) days after the application is deemed complete.

G.

Prior to conducting any drilling activity, the applicant (or operator, if acting on behalf of an applicant) must have received and have on file both the approved permit to conduct well operations from California Geologic Energy Management Division of Oil, and an approved oil and gas conformity review unless the activity involves facility placement not subject to California Geologic Energy Management Division permit approval.

H.

Upon issuance of this permit:

1.

The county shall send a notification to the applicant, applicable responsible agencies, and the land/surface owner (if different from the mineral owner) stating a permit has been issued by the county. The approval letter shall include a stamped site plan, list of applicable conditions and mitigation measures, and a determination that the permit approval falls within the scope of the Supplemental Recirculated

Environmental Impact Report (2020/2021) prepared for the revisions to the Zoning Ordinance (A) — 2020, and that other state, regional, and local agencies are responsible agencies under the California Environmental Quality Act.

2.

The applicant shall notify the land/surface owner of the proposed dates for access of the property to commence operations and/or to comply with mitigation measures. Such notification may take the form of multiple letters. A dated letter of authorization, with specific assessor parcel numbers and the period of time applicable, from the land/surface owner, addressed to the county of Kern, may be submitted asking that the notification of access be waived or has already been satisfied with a single notification letter.

I.

If the development for which a permit has been approved pursuant to this article has not commenced within two (2) years of the granting of the permit, or if the permit has been unused, abandoned, discontinued, or has ceased for a period of two (2) years, the permit shall become null and void and of no effect.

(Ord. No. G-8992, § 23, 3-8-21)

19.98.100 - Oil and gas conformity review—Without required surface owner signature.

The provisions contained in this section apply only to applications submitted within Tier 2, 3 and 5 Areas, which do not contain the surface owner signature as required by Section 19.98.070, above:

A.

An applicant for a ministerial oil and gas conformity review permit pursuant to this chapter, which does not include the land/surface owner signature required pursuant to Section 19.98.085(F), shall submit an application to the planning director in the format and number of copies specified by the planning director.

The application shall contain all the information specified for the application by the applicable provisions of this chapter. A copy of the application shall be provided to the land/surface owner per the requirements of Section 19.98.080(F) above. The application shall be accompanied by the fee established by the board of supervisors pursuant to Section 19.06.040 of this title.

B.

The planning director shall inform the applicant in writing on the thirtieth (30[th ] ) calendar day of receipt that the application is complete or that additional information is needed to complete the application and therefore the application is deemed incomplete. The planning director shall notify the surface/land owner of their option for an in-person meeting with the department to discuss the conformity review process and answer questions regarding the site plan, to be scheduled within the thirty- (30) day period stated above.

C.

Second Thirty- (30) Day Review Period.

1.

If the application is deemed complete during the thirty- (30) day period in Section 19.98.100(B), a mandatory second thirty- (30) calendar day review will commence immediately following the end of the first review period.

2.

If the application is found to be incomplete during the review period in Section 19.98.100(B), a subsequent thirty- (30) day review period will commence at the time of submittal by the applicant of the additional documentation.

3.

The planning director shall notify the surface/land owner of their option for an additional in-person meeting with the department to answer questions including review of any revisions to the site plan, to be scheduled within the thirty- (30) day period stated above.

4.

The planning director shall request to schedule a mandatory in-person meeting with the applicant to review the current site plan and discuss the conformity review process.

5.

On the first business day following the thirty- (30) day review period, the planning director shall issue the permit if he/she determines that the proposed use meets the implementation standards and conditions specified in the applicable provisions of this chapter or inform the applicant that additional information is needed to complete the application and therefore the application is deemed incomplete.

D.

All subsequent reviews, due to incomplete application submittals, shall require a mandatory thirty- (30) calendar day review period. The planning director shall issue the permit if he/she determines that the proposed use meets the development standards and conditions specified in the applicable provisions of this chapter or inform the applicant that additional information is needed to complete the application and therefore the application is deemed incomplete. If application remains incomplete, a mandatory in-person meeting with the applicant, and any consultant processing the application will be required to resolve the issues preventing issuance of the permit. The in-person meeting cannot be waived.

E.

Any reviews beyond three (3), as provided above, shall require additional fees to be paid, as set forth pursuant to Section 19.06.040 of this title, and shall be completed within thirty (30) days after the application is deemed complete.

F.

At any time during the review periods in Sections 19.98.100(A) through (D) the applicant submits proof of the required surface owner signature on the site plan, the application will be deemed acceptable to be processed under the provisions set forth in Section 19.98.090.

G.

Failure of the planning director to meet any deadline for application review or permit issuance as provided in this section shall not cause a permit to be deemed approved.

H.

No sooner than thirty (30) calendar days from issuance of the Kern County oil and gas conformity review and any other necessary state or federal permits, the applicant may begin construction of the facility. This period shall be used to coordinate deposits and inspections pursuant to Section 19.98.140 (Inspection compliance). Prior to conducting any drilling activity the operator must have received and have on file both the approved Permit to conduct well operations, from California Geologic Energy Management Division and an approved oil and gas conformity review unless the activity involves facility placement not subject to California Geologic Energy Management Division permit approval.

I.

Upon issuance of this permit:

1.

The county shall send a notification to the applicant, applicable responsible agencies, and the land/surface owner stating a permit has been issued by the county. The approval letter shall include a stamped site plan, list of applicable conditions and mitigation measures, and a determination that the permit approval falls within the scope of the environmental impact report prepared for the revisions to the Zoning Ordinance (A) — 2020, and that other state, regional, and local agencies are responsible agencies under the California Environmental Quality Act.

The applicant shall notify the land/surface owner of the proposed dates for access of the property to commence operations and/or to comply with mitigation measures. Such notification may take the form of multiple letters.

J.

If the development for which a permit has been approved pursuant to this article has not commenced within two (2) years of the granting of the permit, or if the permit has been unused, abandoned, discontinued, or has ceased for a period of two years (2), the permit shall become null and void and of no effect.

(Ord. No. G-8992, § 23, 3-8-21)

19.98.110 - Minor activity review—Application contents.

An application for minor activity review ministerial permit for Tier 1—3 and 5 Areas, pursuant to Section 19.98.040 of this chapter, shall include the following:

A.

Name, telephone number and address of the applicant.

B.

Name(s), telephone number(s) and address(es) of the property owner(s), mineral owner(s), oil and gas operator (if different than the applicant).

C.

Assessor's parcel number(s) of all parcels located within the boundaries of the proposed operation, including accessory equipment, structures, and/or facilities. Latitude/longitude coordinates for all wells.

D.

Preliminary title report, not over ninety (90) days old. A guarantee of title may be submitted for parcels with a preliminary title report on file, over (90) days old. For all Tier 2—5 applications only.

E.

Description of proposed oil and gas activity and written documentation in sufficient detail to allow the county to determine that all conditions required in Section 19.98.060 will be complied with, including all applicable mitigation measures as listed in the approved mitigation monitoring and reporting program for the revisions to the Zoning Ordinance (A) — 2020.

F.

Sufficient number of photographs to identify the extent of existing ground disturbance.

G.

For Tier 2, 3 and 5 Areas only, documentation of a letter submitted to the land/surface owner(s), if different from the mineral owner, informing the land/surface owner of the minor activity review application and providing a complete copy of the application, shall be mailed and received a minimum of thirty (30) days prior to application being submitted to the county for review.

(Ord. No. G-8992, § 23, 3-8-21)

A.

An applicant for a minor activity review ministerial permit for Tiers 1—3, and 5, pursuant to this chapter shall submit an application to the planning director in the format and number of copies specified. The application shall contain all the information specified for the application by the applicable section of this chapter. The application shall be accompanied by the fee established by the board of supervisors pursuant to Section 19.06.040 of this title. For Tier 2, 3 and 5 Areas, a copy of the application shall be provided to the land/surface owner per the requirements of Section 19.98.080(F) above.

B.

The planning director shall inform the applicant in writing within seven (7) business days of receipt that the application is complete and shall issue the permit if he/she determines that the proposed use meets the development standards and conditions specified in the applicable provisions of this chapter or inform the applicant that additional information is needed to complete the application and therefore the application is deemed incomplete.

C.

Within three (3) business days of reviewing the second submittal, if required, to correct any deficiencies, the planning director shall issue the permit if he/she determines that the proposed use meets the development standards and conditions specified in the applicable provisions of this chapter or inform the applicant that additional information is needed to complete the application and therefore the application is deemed incomplete.

D.

Within seven (7) business days of reviewing the third submittal, if required, to correct any deficiencies, the planning director shall make reasonable efforts to issue the permit if he/she determines that the proposed use meets the development standards and conditions specified in the applicable provisions of title. If additional information is needed, a mandatory in-person meeting with the applicant, and any consultant processing the application will be required to resolve the issues preventing issuance of the permit. The inperson meeting cannot be waived.

E.

Failure of the planning director to meet any deadline for application review or permit issuance as provided in this section shall not cause a permit to be deemed approved.

F.

Any reviews beyond three (3), as provided above, shall require additional fees to be paid, as set forth pursuant to Section 19.06.040 of this title, and shall be completed within thirty (30) days after the applicant is deemed complete.

G.

Prior to conducting any activity, the operator must have received and have on file both approved applicable California Geologic Energy Management Division permit(s), if necessary, and an approved minor activity review pursuant to the chapter.

H.

Upon issuance of this permit, the county shall send a notification to the applicable responsible agencies stating a permit has been issued by the county and that the agency has certain requirements under the California Environmental Quality Act as a responsible agency.

I.

If the development for which a permit has been approved pursuant to this article has not commenced within two (2) years of the granting of the permit, or if the permit has been unused, abandoned, discontinued, or has ceased for a period of two (2) years, the permit shall become null and void and of no effect.

(Ord. No. G-8992, § 23, 3-8-21)

Upon issuance of oil and gas conformity review or minor activity, as specified in Sections 19.98.090 and 19.98.120 of this chapter, and any other necessary state or federal permits, the applicant may begin construction of the facility. The provisions of this section do not apply to issuance of an oil and gas conformity review pursuant to Section 19.98.100 (Oil and gas conformity review—Without required surface owner signature) of this chapter. The applicant must self-certify compliance with Chapter 19.98 during the construction and operation process. Once the project applicant has completed the construction of the oil and gas facilities, as indicated on the approved site plan, the project applicant shall provide a self-certified statement, and signed job card, in writing, to the county, in a format specified by the director within thirty (30) days of completion of the work.

During construction and continued operations of the activities specified by the approved site plan, the applicant will be responsible for complying with the issued oil and gas conformity review, and all applicable implementation standards as outlined in this chapter. Should a violation of a permit issued under this chapter occur on-site, a certification and finalization process for the oil and gas conformity review will be conducted by the county oil and gas inspector or other designated county staff and self-certification for the permit will no longer be permitted for the applicant for the next issued permit, as a probationary period. Once the applicant has demonstrated compliance on the following permit, any subsequent permit may be self-certified.

(Ord. No. G-8992, § 23, 3-8-21)

Upon receipt of an issued permit pursuant to Section 19.98.100 (Oil and gas conformity review—Without required surface owner signature), the applicant must contact the planning and natural resources development department and the public works department to pay pursuant to Section 19.06.040 of this title and provide a signed cost recovery agreement, and submit a video surveillance plan to be implemented during all activities related to the oil and gas conformity review. All compliance verification costs shall be incurred by the applicant, including any costs for requested onsite inspections by environmental resource experts such as biological or cultural monitors to confirm or resolve compliance issues. During construction for all activities specified by the approved site plan, the video surveillance plan shall be operational to monitor and provide for review by staff to confirm the applicant's compliance with the issued oil and gas conformity review, and all applicable standards and conditions as outlined in the permit. The applicant's surveillance plan can be submitted without surface owner agreement, as long as there is no residence on the property. If there is a residence on the property, the surface owner must be consulted and agree to the plan details on the location of cameras and the details are shown to ensure the privacy of the residence is not compromised by the placement of the video surveillance. If a resolution cannot be reached on the surveillance plan with the surface owner for a property that contains a residence, the planning director shall make a final determination on the details of the plan after a meeting with the surface owner. The plan shall outline the use of onsite cameras with real-time surveillance or twenty-four(24) hour a day taped or other surveillance methods approved by the planning director, in conjunction with review and/or potential onsite inspections by staff, the county inspector or third-party inspector retained by the county. Throughout operations of the activities specified by the approved site plan, the applicant shall comply with the issued oil and gas conformity review, and all applicable standards and conditions as outlined in the permit.

(Ord. No. G-8992, § 23, 3-8-21)

A.

An operator shall file a notification with the county, and with the surface/land owner (if different from the mineral owner) of any idle or long-term idle well, within thirty (30) days of changing the well status in Tier 2 through 5.

B.

For purposes of this section, a "Idle Well" is defined as a well that has not produced oil or natural gas, or has not been used for injection for six (6) consecutive months of continuous operation during the last five (5) or more years. A "long-term idle well" means any well that has not produced oil or natural gas, or has not been used for injection for six (6) consecutive months of continuous operations during the last ten (10) or more years. An "active observation well" means a well being used for the sole purpose of gathering reservoir data, such as pressure or temperature in a reservoir being currently produced or injected by the operator, and the data is gathered at least once every three (3) years. An idle well or long-term idle well does not include an active observation well.

C.

Any well operator, land owner or resident within one (1) mile of an idle or long-term idle well (or surface owner if different from mineral owner of the actual idle or long-term idle well subject to the notice) may file a notice with the county asking for confirmation of the status that a well is either a idle or long-term idle well, and the county shall forward this notice to the California Geologic Energy Management Division to seek information about the status of this well and the owner/permittee for the well. The county shall cooperate with the California Geologic Energy Management Division in its enforcement of regulations applicable to these wells.

D.

The county shall check with the California Geologic Energy Management Division as to whether an applicant for an oil and gas conformity review permit or conditional use permit, in Tier 2 through 5, is the subject of complaint pursuant to California Public Resources Code Section 3235 for an idle well located in Tier 2 through 5, and if so shall coordinate with the California Geologic Energy Management to assure that the applicant is in compliance with applicable idle well regulations for the well(s) included in the complaint(s). An applicant not in compliance with idle well regulations, as determined by official correspondence from the California Geologic Energy Management Division, shall not be eligible to receive additional oil and gas conformity review permits or conditional use permits under this chapter until such time as the California Geologic Energy Management Division has advised the county that the applicant is in compliance or has entered into a written agreement with the California Geologic Energy Management Division for achieving compliance. The county shall continue to process oil and gas conformity review permits or conditional use permits under this chapter for an applicant until such time as the county has received the official correspondence from the California Geologic Energy Management Division, making its compliance determination regarding the idle well(s) in the compliant(s).

E.

The planning and natural resources development department shall obtain, on an annual basis, a copy of the idle well list from the California Geologic Energy Management Division.

(Ord. No. G-8992, § 23, 3-8-21)

19.98.150 - Plugged and abandoned.

Any permit issued pursuant to this chapter must plug and abandon all permitted wells per the following procedures:

A.

The applicant shall obtain a minor activity review permit for all wells to be plugged and abandoned that were drilled without an oil and gas conformity review and including all legal non-conforming wells.

B.

The applicant shall plug and abandon all facilities in accordance with applicable laws and regulations as administered by the California Geologic Energy Management Division.

C.

Within thirty (30) days from completion of the plugged and abandoned procedures for any well-constructed under an oil and gas conformity review permit the applicant shall submit to the planning and natural resources department a letter stating which facilities have been abandoned, including the unique well identification number for each well. Compliance with this requirement shall include written confirmation from California Geologic Energy Management Division.

(Ord. No. G-8992, § 23, 3-8-21)

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

(Ord. No. G-8992, § 23, 3-8-21)

Chapter 19.100 - SURFACE MINING OPERATIONS

Sections:

The purpose of this chapter is to regulate surface mining operations consistent with the requirements of the California Mining and Reclamation Act (Public Resources Code Sections 2710 et seq.) and the State Policy for Surface Mining and Reclamation Practice (Title 14 of the California Administrative Code, Sections 3500 et seq.). The requirements of this chapter are applicable to any surface mining operation undertaken in unincorporated Kern County, except for those operations specifically exempted by Sections 2714 or 2776 of the California Public Resources Code.

(Prior code § 7265.01)

Subject to the exceptions specified in Section 19.100.010 of this chapter, no surface mining operations may be undertaken anywhere in unincorporated Kern County unless a surface mining permit and a reclamation plan has been submitted to and approved by the planning commission in accordance with the procedures set out in Sections 19.102.130 through 19.102.180 of this title. All surface mining permits and reclamation plans, including amendments of same, are subject to a thirty (30) day review period by the State Department of Conservation. For projects requiring the preparation of an environmental document pursuant to the California Environmental Quality Act, the review period shall commence with the Department of Conservation's receipt of the draft environmental document.

(Ord. G-6551 § 99, 1998: Ord. G-6206 § 2, 1995: Prior code § 7265.02 (part))

An application for surface mining and reclamation permit shall include the following:

A.

Name and address of the applicant;

B.

Name(s) and address(es) of the property owner(s) or owners of surface rights;

C.

Name(s) and address(es) of owner(s) of mineral rights;

D.

Name and address of lessee;

E.

Name and address of operator;

F.

Name and address of person designated by operator as his agent for the service of process;

G.

Assessor's parcel number(s);

H.

Legal description of the subject property;

I.

Site development plan drawn at a scale specified by the planning director, which includes the following information:

1.

Property boundary lines and dimensions,

2.

Areas proposed for development,

3.

Location of proposed buildings and structures,

4.

Parking and vehicle maneuvering areas,

Method of vehicular access,

6.

Location of any existing or proposed roads, water lines or other pipelines, easements proposed or existing, and any existing buildings, structures, or major areas of use for the property being considered,

7.

Height, type and location of fencing,

8.

Such additional information as may be deemed necessary to permit adequate consideration of the proposal;

J.

A vicinity map showing all proposed access routes and a statement as to the method proposed for transporting mined materials from the site;

K.

A sufficient number of cross sections of the area to show existing grades and proposed finished grades after all surface mining has been completed shall be provided; such cross sections shall be drawn to an engineer's scale that is practical and workable;

L.

Reclamation plan including the following information:

1.

The anticipated quantity and type of minerals for which the surface mining operation is to be conducted;

2.

The proposed dates for the initiation and termination of such operation;

3.

The maximum anticipated depth of the surface mining operation;

4.

The size and legal description of the lands that will be affected by such operation, a map that includes the boundaries and topographic details of such lands, a description of the general geology of the area, a detailed description of the geology of the area in which surface mining is to be conducted, the location of all streams, roads, railroads and utility facilities within, or adjacent to, such lands, the location of all proposed access roads to be constructed in conducting such operation, and the names and addresses of the owners of all surface and mineral interests of such lands;

5.

A description of and plan for the type of surface mining to be employed and a time schedule that will provide for the completion of surface mining on each segment of the mined lands so that reclamation can be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance by the surface mining operation;

6.

A description of the proposed use or potential uses of the land after reclamation and evidence that all owners of a possessory interest in the land have been notified of the proposed use or potential uses;

7.

A description of the environmental setting of the site and the effect that possible alternate reclaimed site conditions may have upon the existing and future uses of surrounding lands;

8.

A description of how site reclamation may impact the public health and safety, giving consideration to the degree and type of present and probable future exposure of the public to the site;

9.

A description of any areas to be mined to produce additional materials for backfilling and grading, as well as settlement of filled areas;

10.

A description of the manner in which reclamation adequate for the proposed use or potential uses will be accomplished, including:

a.

A description of the manner in which contaminants will be controlled and mining waste will be disposed,

b.

A description of the manner in which rehabilitation of affected stream bed channels and stream banks to a condition minimizing erosion and sedimentation will occur,

c.

A description of existing wildlife habitat and a plan to ensure that habitat conditions which exist are maintained or improved in the course of reclamation, unless the proposed end use precludes its use as wildlife habitat,

d.

A description of the manner in which backfilling, regrading, slope stabilization, scarification, ripping and recontouring will occur,

e.

A description of the manner in which topsoil will be salvaged and the manner in which the site will be revegetated,

f.

A description of any existing topographical features that will be significantly altered as a result of mining activity,

g.

A description of the manner in which existing site drainage patterns will be disturbed through mining activity and a description of drainage patterns that are expected after site reclamation,

h.

A description of the manner in which all buildings, structures and equipment will be removed, including any previously abandoned structures or equipment,

i.

A description of the necessity for and the manner in which post reclamation monitoring will occur;

11.

A detailed line item cost breakdown estimating all reclamation costs, including, but not limited to:

a.

Costs of backfilling, regrading, slope stabilization and recontouring,

b.

Costs of revegetation and wildlife habitat replacement,

c.

Costs of final engineering design,

d.

Costs of labor, including supervision,

e.

Costs of mobilization,

f.

Costs of equipment,

g.

Costs of removal of buildings, structures and equipment,

h.

Costs associated with reduction of specific hazards, such as: heap leaching facilities, chemical processing ponds, soil decontamination, in-water slopes, highwalls, landslides, subsidence, or other mass ground failure,

i.

Costs of drainage and erosion control measures,

j.

Costs of soil tests,

k.

Costs of haul road ripping and reseeding,

l.

Costs of fencing,

m.

Costs of liability insurance,

n.

Costs of long-term stabilization, control, containment of waste solids and liquids;

12.

A letter from the Kern County engineering and survey services department stating that the estimated costs of reclamation have been reviewed and found to be sufficient by that department;

13.

An assessment of the effect of implementation of the reclamation plan on future mining in the area;

14.

A statement that the person submitting the plan accepts the responsibility for reclaiming the mined lands in accordance with the reclamation plan;

15.

Any other information determined by the planning director or the State Mining and Geology Board to be necessary for consideration of the reclamation plan.

(Ord. G-6551 § 100, 1998; Ord. G-6077 §§ 319, 320, 1994; Ord. G-5684 §§ 93, 94, 1991; Prior code § 7265.02(A))

Each approved mine site will be assigned a State Mine Identification Number by the state of California. Only one (1) individual or corporate entity may file a county-approved "statement of responsibility" form with the county for each State-recognized mine site, and that party shall assume full responsibility for compliance with all local and State mining-related requirements for the entire mine site. Each mine site shall have a single approved reclamation plan. One (1) annual reclamation cost estimate shall be filed annually by the responsible party, and while multiple financial assurance mechanisms may be approved by the department of engineering and survey services, the funds encumbered shall be those of the responsible party or the property owner. Subcontracting is permitted, provided that the recognized responsible party assumes full responsibility for any subcontracting work that may be authorized. In the event that the surface fee ownership of the property changes, the new property owner shall automatically assume responsible party status upon acquisition of the property until the new owner files, or causes to have filed, a new statement of responsibility for all mining operations for that State-recognized mine site. In the event that any dispute as to who may assume responsible party status for the mine site arises, the legal surface fee owner shall designate the responsible party for that mining operation; however, the county will recognize the change in operational authority for the mine site only after the designated responsible party executes and files a statement of responsibility with both the planning department and the engineering and survey services departments.

(Ord. G-7482 § 107, 2007)

Surface mining operations shall comply with the following standards:

A.

Surface mining operations shall be consistent with the goals and policies of the county general plan.

B.

Surface mining operations shall comply with the requirements of the California Surface Mining and Reclamation Act, the State Policy for Surface Mining and Reclamation Practice, and any standards or procedures adopted by the board of supervisors to implement the act, state policy or this chapter. In all cases, the following minimum development standards shall be observed:

1.

The designed steepness and proposed treatment of the mined lands' final slope shall take into consideration the physical properties of the slope material, its probable maximum water content, landscaping requirements and other factors. In all cases, the reclamation plan shall specify the critical gradient needed to maintain slope stability and shall specify slope angles flatter than the critical gradient for the type of material involved. Whenever final slopes approach the critical gradient for the type of material

involved, an engineering analysis of the slope stability shall be performed and submitted as part of the reclamation plan.

2.

Where ultimate site uses include roads, building sites, or other improvements sensitive to settlement, the reclamation plan shall provide for the compaction of fill materials in conformance with good engineering practice.

3.

The removal of vegetation and overburden, if any, in advance of surface mining shall be kept to the minimum.

4.

Stockpiles of overburden and minerals shall be managed to minimize water and wind erosion.

5.

Settling ponds or basins shall be constructed to prevent potential sedimentation of streams at operations where they will provide a significant benefit to water quality.

6.

Operations shall be conducted to substantially prevent siltation of groundwater recharge areas.

7.

All reasonable measures shall be taken to protect the habitat of fish and wildlife.

8.

Permanent piles or dumps of mine waste rock and overburden shall be stable and shall not restrict the natural drainage without suitable provisions for diversion.

9.

Grading and revegetation shall be designed to minimize erosion and to convey surface runoff to natural drainage courses or interior basins designed for water storage. Basins that will store water during periods of surface runoff shall be designed to prevent erosion of spillways when these basins have outlet to lower ground.

10.

When the reclamation plan calls for resoiling, coarse hard mine waste shall be leveled and covered with a layer of finer material or weathered waste. A soil layer shall then be placed on this prepared surface. Surface mines that did not salvage soil during their initial operations shall attempt, where feasible, to upgrade remaining materials. The use of soil conditioners, mulches, or imported topsoil shall be considered where revegetation is part of the reclamation plan or where such measures appear necessary as

er material or weathered waste. A soil layer shall then be placed on this prepared surface. Surface mines that did not salvage soil during their initial operations shall attempt, where feasible, to upgrade remaining materials. The use of soil conditioners, mulches, or imported topsoil shall be considered where revegetation is part of the reclamation plan or where such measures appear necessary as

determined by the planning director or the Soil Conservation Service. It shall not be permissible to denude adjacent areas of their soil to achieve this purpose.

11.

Revegetation methods and the selection of species shall be suitable for the topographical, resoiling characteristics, and climate of the mined areas and shall be reviewed and approved by the planning director or the Soil Conservation Service.

C.

Surface mining operations shall comply with any conditions deemed necessary or convenient by the planning commission to effect the purposes of this chapter, including conditions with respect to the following:

1.

The environmental objectives set forth in California Public Resources Code Section 21000;

2.

Protection of the health, safety and welfare of persons residing near the site of the mining operation and the general public;

3.

Reasonable preservation of the values and uses and opportunity for potential uses of the adjacent and nearby areas insofar as this is not inconsistent with the provisions of the act, state policy, this chapter, or any implementing standards or procedures adopted by the board of supervisors.

(Ord. G-6551 § 102, 1998; Ord. G-6206 § 3, 1995; Ord. G-6077 § 322, 1994; Ord. G-5684 §§ 95, 96, 1991; Prior code § 7265.02(B))

The planning director may review and approve minor plan modifications to approved reclamation plans in accordance with the procedures set out in Sections 19.102.040 through 19.102.060 of this title. Where the planning director determines that a proposed amendment constitutes a substantial deviation from the original plan, the proposed amendment shall be considered by the planning commission. Any change to adopted conditions of approval or increases in the amount of surface area to be disturbed shall be treated as a substantial deviation from the approved plan and shall be considered by the planning commission at a regularly scheduled public hearing.

(Ord. G-6551 § 104, 1998: Ord. G-6206 § 4, 1995: Ord. G-6077 § 324, 1994: Prior code § 7265.03)

19.100.060 - Inspection of operations.

A.

The building official shall make, or cause to be made, periodic inspections of all surface mining operations and the areas affected thereby to ascertain whether the operation is being conducted in conformity with the approved conditions of the permit and reclamation plan and all applicable statutes, regulations and ordinances.

B.

The person conducting or in charge of all surface mining operations shall make the surface mining operation open and available for such inspection during regular county business hours or at such other times as may be mutually agreed upon by him/her and the building official. The provisions of this subsection shall be deemed to be a condition of each permit.

C.

At a minimum, the building official shall conduct an annual inspection of every surface mining operation within six (6) months of receiving the lead agency's copy of the operator's annual report filed with the State Department of Conservation pursuant to Public Resources Code Section 2207. Within thirty (30) days of the county's inspection, the building official shall provide written notification to the state as to the results of the inspection in the manner required by the state.

(Ord. G-6206 § 5, 1995: Ord. G-6077 § 325, 1994; Prior code § 7265.04)

A.

Within ninety (90) days of a surface mining operation becoming idle, as defined in Section 2727.1 of the Surface Mining and Reclamation Act, the operator shall submit an interim management plan for review and approval by the planning director. The interim management plan shall be processed in accordance with Public Resources Code Section 2770(h). The interim management plan shall be considered to be an amendment of the approved reclamation plan and shall be processed as a minor plan modification pursuant to Section 19.100.050. The interim management plan shall include, at a minimum, the following:

1.

Statements as to the reason why the mining operation is idle, including a description of those conditions necessary to reactivate the operation;

2.

The requested duration of the interim management plan (five (5) years maximum);

3.

Discussions related to site security;

4.

Information regarding all pit and stockpile locations, interim slope angles and stability, and methods to minimize erosion and sedimentation concerns;

Description of equipment to be retained on site;

6.

A schedule for the operator's regular inspection of the site;

7.

A description of interim reclamation or revegetation efforts;

8.

A plot plan showing disturbed areas and areas used for stockpile and equipment storage, if any.

B.

In reviewing interim management plans, the planning director may impose conditions necessary to safeguard the environment and the public health and safety.

C.

The operator shall notify the planning director in writing prior to reactivation of the mining operation.

(Ord. G-6206 § 6, 1995: Ord. G-6077 § 327, 1994: Ord. G-5684 § 97, 1991)

A.

Either the building official or the planning director may initiate enforcement action pursuant to this section. If, after conducting the annual inspection or otherwise confirmed by an inspection of the mining operation, the building official finds that the surface mining operation is not in compliance with the approved mining plan, the approved reclamation plan, any permit conditions imposed by the county, the provisions of this title, or the Surface Mining and Reclamation Act, the building official may notify the operator and the owner of the subject property of that violation by personal service or certified mail. If the violation continues beyond thirty (30) days after the date of issuance of the building official's notice of violation, the building official shall notify the planning director of that fact. Thereupon, the planning director may issue an order by personal service or certified mail requiring compliance or, if the operator does not have an approved reclamation plan, to cease all further mining activities. Such order shall specify which aspects of the surface mine's activities or operations are inconsistent with the approved mining plan, approved reclamation plan, permit conditions, the provisions of this title, or the Surface Mining and Reclamation Act; shall specify a time for compliance which the planning director determines is reasonable, given the seriousness of the violation and any good faith efforts to comply with applicable requirements; shall set a date for a public hearing before the planning commission no sooner than thirty (30) days after the date of issuance of the order; and shall not take effect until the operator has been provided a public hearing concerning the violation pursuant to the provisions contained in Section 19.102.020. In instances where a violation of this chapter exists with respect to a mining operation which has not secured approval of a

surface mining permit and/or reclamation plan, the requirement to hold a public hearing pursuant to this section and Section 19.100.080 may be waived by the planning director. The property owner(s) shall ultimately be held responsible for any default by any lessee or operator related to permit noncompliance or site abandonment.

B.

The time within which the permittee must commence correction of the violation shall not be sooner than thirty (30) days after such notice is given, unless it is determined that earlier action is required for the protection of public safety. Any surface mining operation determined not to be in compliance with this chapter and which presents an imminent and substantial endangerment to the public health or the environment, as determined by the planning director or the State Department of Conservation, may be enjoined from further operations by order from a court of competent jurisdiction.

(Ord. G-6864 § 75, 2002; Ord. G-6551 § 105, 1998: Ord. G-6206 § 7, 1995: Ord. G-5803 § 52, 1992; Prior code § 7265.05(A))

19.100.080 - Failure to comply with notice—Permit review.

A.

Where the building official has reported a failure to comply with a notice pursuant to Section 19.100.070, the planning director shall set a date for a public hearing before the planning commission for review of the surface mining permit and/or reclamation plan pursuant to Section 19.102.020 and Sections 19.102.150 through 19.102.170 of this title.

B.

At the hearing, the planning commission shall determine whether or not the operator is complying with the approved mining plan, the approved reclamation plan, the permit conditions, or the provisions of this title and may affirm, modify or set aside the order issued by the planning director. The decision of the planning commission may be appealed to the Board of Supervisors, pursuant to the provisions specified in Section 19.102.170.

(Ord. G-6551 § 106, 1998: Ord. G-6206 § 8, 1995: Prior code § 7265.05(B), (C))

After such matter has been heard and considered, the planning commission may take any of the following actions:

A.

Revoke the permit;

B.

Require the reclamation program to begin immediately or within a prescribed time following the effective date of revocation of the permit;

C.

Allow additional time within which to cure the violation, if requested by the permittee, not to exceed a maximum of six (6) months from the date of the board's decision;

D.

Impose new or additional conditions on the permit or on the reclamation plan;

E.

Increase the amount of the original security to guarantee reclamation in accordance with the plan;

F.

Recommend to the board of supervisors proceedings to recover on any security;

G.

Recommend to the board of supervisors that the county conduct work to accomplish the reclamation plan, to perform any conditions in default, or otherwise cure any default;

H.

Recommend to the planning director the imposition of an administrative penalty of not more than five thousand dollars ($5,000.00) per day, assessed from the original date of noncompliance with this chapter or with the conditions of any approved surface mining permit or reclamation plan, as authorized by Section 2774.1 of the Surface Mining and Reclamation Act;

I.

Such other order or orders as may be appropriate to correct the violation or default.

(Ord. G-6551 § 107, 1998: Ord. G-6412 § 59, 1997: Ord. G-6206 § 9, 1995: Ord. G-5684 § 98, 1991: Prior code § 7265.05(D))

A.

Any operator who fails to comply with an order issued by the planning director or planning commission after the order's effective date or who fails to submit a report to the director of the department of conservation or county as required by Section 2207 of the Public Resources Code, shall be subject to an order by the planning director imposing an administrative penalty of not more than five thousand dollars ($5,000.00) per day, assessed from the original date of the building official's notice of violation or noncompliance pursuant to Section 19.100.070. In determining the amount of the administrative penalty, the planning director shall take into consideration the nature, circumstances, extent and gravity of the violation or violations, any prior history of violations, the degree of culpability, economic savings, if any, resulting from the violation, and any other matters justice may require. An order imposing an administrative penalty shall become effective upon issuance, and payment shall be made to the planning department

within thirty (30) days, unless the operator petitions the board of supervisors for review of the order. Such order shall be served by personal service of by certified mail upon the operator.

B.

If the operator petitions the board of supervisors for review of the order imposing an administrative penalty, the operator shall be notified by personal service or certified mail as to when the matter has been set for public hearing. The board of supervisors may affirm, modify or set aside, in whole or in part, by its own order, any order of the planning director imposing an administrative penalty. Any order of the board of supervisors shall become effective upon issuance thereof and shall be served by personal service or certified mail upon the operator. Payment of any administrative penalty specified in the board of supervisor's order shall be made to the planning department within thirty (30) days of the service of the order.

(Ord. G-6551 § 108, 1998: Ord. G-6206 § 10, 1995: Prior code § 7265.06)

A.

In accordance with Public Resources Code Section 2773.1, all surface mining operations under the county's jurisdiction are required to provide financial assurances in an amount adequate to guarantee complete final reclamation of the site in accordance with the approved reclamation plan. The planning director may authorize the phasing of financial assurances to coincide with any phased reclamation approved as part of the operation's reclamation plan. The amount of the required financial assurances shall be determined by the planning director based on the requirements of the reclamation plan and the cost estimates required by Subsection 19.100.030(L)(11). Financial assurances shall be in the form of corporate surety bonds, irrevocable letters of credit, trust finds or other mechanisms specifically authorized by the State Mining and Geology Board. The form of such financial assurance shall be subject to approval of the county counsel and the Department of Conservation. The financial assurance shall designate the county of Kern and the Department of Conservation as the principal beneficiaries. Prior to the county's approval of financial assurances, the financial assurances shall be subject to a forty-five (45) day review period by the State Department of Conservation.

B.

The financial assurances shall be approved by the planning director and posted with the director of engineering and survey services or with such other officer of the county as the board of supervisors may order.

C.

Financial assurances shall be reviewed annually by the director of engineering and survey services as provided for by Public Resources Code Section 2773.1(a)(3).

D.

No approved financial assurance shall be permitted to expire unless final reclamation has been completed and certified by the building official. For the purposes of changes in mine operation ownership, existing financial assurances shall not be released until a new "statement of responsibility" has been submitted and new financial assurances have been approved and posted.

E.

In conjunction with the State Department of Conservation, the county counsel shall undertake proceedings to recover such financial assurance when directed to do so by an order of the board of supervisors.

(Ord. G-6206 § 11, 1995: Ord. G-6077 § 328, 1994; Ord. G-5885 § 138, 1992; Ord. G-5803 § 54, 1992; Ord. G-5684 §§ 99—101, 1991; Prior code § 7265.07)

19.100.120 - Permittee default—Performance by county.

A.

If the permittee fails to perform or conform to any requirement imposed by any order made under Sections 19.100.070 through 19.100.090 of this chapter within the time fixed in such order, or if no time is fixed in such order, then within a reasonable time, the board of supervisors shall have authority to order and otherwise undertake the planning and conduct of all or any part of the work necessary to accomplish the reclamation plan, to perform any conditions in default, or to otherwise cure any default.

B.

The officers, employees and agents of the county, and any contractor hired by the county and his employees, subcontractors and agents, and any engineers, surveyors and other experts retained by the county, may go on the site of the mine and any adjacent property of the permittee for the purposes of planning or doing all or any part of the work mentioned in subsection (A) of this section, bringing and using thereon any and all equipment and machines necessary for doing such work, and using any equipment, supplies, earth or other materials found thereon. One of the conditions of each permit shall be authorization for such entry, work and use by or on behalf of the county.

C.

Insofar as it is practical to do so, the county shall follow the previously approved reclamation plan or conditions in the conduct of such work.

D.

The board of supervisors is authorized to order retention and deposit into the county general fund a portion of the proceeds from the security for its costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred in successfully enforcing the obligation of the security, and for its reasonable expenses incurred in any inspections, giving notices, conducting hearings pursuant to Sections 19.100.070 through 19.100.090 of this chapter, and for any expenses incurred in the planning, surveying, testing and administration in preparation for the letting of any contracts, administration and enforcement of contracts, and otherwise doing any of the work mentioned in this section.

E.

The board of supervisors may enter into an agreement with the permittee, or any successor in interest of the permittee, under which he/she would agree to do the work needed to accomplish the reclamation plan or a specified portion thereof, or to perform any or all of the conditions in default or such other work needed to cure any default, in consideration of payment from the remaining proceeds of the security of an amount commensurate with the work completed.

F.

The board of supervisors may enter into an agreement with any public agency or public entity under which it would agree to do the work needed to accomplish the reclamation plan or a specified portion thereof, or to perform all or any of the conditions in default or such other work needed to cure any default, in consideration of transfer or payment to such agency or entity of all or any part of the remaining proceeds from the security.

G.

Any financial assurances remaining after the county completes final reclamation in the event of default on the part of the operator shall be returned to the operator. The operator shall be held liable for any such costs incurred by the county that exceed the amount of financial assurances posted with the county.

(Ord. G-6206 § 12, 1995; Prior code § 7265.08)

Any reference in this chapter to the permittee or applicant shall also be deemed to include any successor in interest or assign of the permittee or applicant.

(Prior code § 7265.09)

The provisions in this chapter of any remedy to the county, or to any board or officer of the county, for noncompliance with or default in the performance of any reclamation plan, or of any condition of any permit or reclamation plan, shall not be deemed as a limitation on any other remedy at law or in equity which the county, or any board or officer of the county, or any other public officer or agency, nor any member of the public, may otherwise have.

(Prior code § 7265.10)

Chapter 19.102 - PERMIT PROCEDURES

Sections:

Article I. - General Provisions

The purpose of this chapter is to establish review and approval procedures for ministerial and discretionary permits provided for by this title. Application contents and development standards and conditions for the

approval of permits are contained in the appropriate chapters of this title.

(Prior code § 7284.01)

Development standards and conditions required in conjunction with the approval of a ministerial or discretionary permit shall be satisfied or bonded for prior to the final inspection of any related structure for which a building permit is required, except as otherwise specified by the applicable development standards and conditions. Where no building permits are required in conjunction with a use authorized by a ministerial or discretionary permit, all development standards and conditions shall be satisfied or bonded for prior to the commencement of said use, except as otherwise specified by the applicable development standards and conditions.

(Ord. G-5346 § 102, 1990)

19.102.020 - Permit relocation and modification.

Any permit, conditional use permit, variance or zone modification issued pursuant to this chapter may be modified or revoked by the official or decision-making body that originally approved the permit by the same procedure under which the permit was issued for any of the following causes:

A.

That any term or condition of the permit, conditional use permit, variance or zone modification has not been complied with;

B.

That the property or portion thereof subject to the permit, conditional use permit, variance or zone modification is used or maintained in violation of any statute, ordinance, law or regulation;

C.

That the use for which the permit, conditional use permit, variance or zone modification was granted has been so exercised as to be detrimental to the public health or safety or as to constitute a nuisance;

D.

That changes in technology or in the type or amount of development in the vicinity of the use or other good cause warrants modification of the conditions of operation or imposition of additional conditions of operation to assure that the use remains compatible with existing and potential uses of other property within the general area in which the use is located.

(Prior code § 7284.06)

19.102.030 - Time limitations on challenges.

Any action or proceeding to attach, review, set aside, void or annul any decision made pursuant to this chapter, or concerning any of the proceedings, acts or determinations taken, done or made prior to such

decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall not be maintained by any person unless the action or proceeding is commenced within thirty (30) days after the date of the decision and the legislative body is served within sixty (60) days after the date of the decision. Thereafter, all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of that decision or of these proceedings, acts or determinations.

(Prior code § 7284.07)

Article II. - Ministerial Permits Issued by the Planning Director

The ministerial permits specified in this title for review pursuant to this article shall be issued by the planning director upon submission of an application containing the information specified in applicable sections of this title and a determination by the planning director that the proposed use or development meets the development standards and conditions specified in the applicable section or sections of this title. These permits include:

A.

CRV recycling center permit (Section 19.08.480);

B.

Temporary animal permit plot plan review (Sections 19.14.130 and 19.60.130 through 19.60.160);

C.

Extensions for temporary mobilehomes and recreational vehicles (Sections 19.16.130 and 19.18.160);

D.

Mobilehome park plot plan review (Sections 19.26.130 through 19.26.190);

E.

Minor plan modifications (Sections 19.52.130 through 19.52.180, 19.56.130 through 19.52.180, 19.56.130 through 19.56.200, 19.58.130 through 19.58.180, and 19.100.050;

F.

Commercial wind farm plot plan review (Sections 19.64.130 through 19.64.150);

G.

Geologic hazard plot plan review (Sections 19.68.130 through 19.68.150);

H.

Special development standards plot plan review (Sections 19.80.040 through 19.80.070);

I.

Off-street parking plot plan review not in conjunction with a ministerial permit (Sections 19.82.100 through 19.82.130);

J.

Landscaping plot plan review not in conjunction with a ministerial permit (Sections 19.86.070 through 19.86.100);

K.

Density bonus permit (Sections 19.92.030 through 19.92.060);

L.

Home occupation permit (Sections 19.94.050 through 19.94.080);

M.

Production water injection wells for the purpose of disposing of production wastewater produced in the same oilfield in which the injection well is located (Section 19.98.030);

N.

Oil and gas conformity review and minor activity review (Sections 19.98.070 through 19.98.120);

O.

Large family day-care permit — no hearing (Sections 19.96.030 through 19.96.060);

P.

Temporary batch plant (thirty (30) days or less) plot plan review (Section 19.08.290);

Q.

Secondary residential unit plot plan review (Sections 19.90.040 through 19.90.060);

R.

Truck parking as accessory to residential use permit (Section 19.08.252).

(Ord. G-7012 § 58, 2003; Ord. G-6551 § 109, 1998; Ord. G-6297 § 68, 1996; Ord. G-6077 § 330, 1994; Ord. G-5346 § 103, 1990; Ord. G-5063 § 4, 1989; prior code § 7284.02 (part))

(Ord. No. G-7821, § 81, 1-27-09; Ord. No. G-8725, § 20, 7-11-17; Res. No. 2020-116, § 2, 5-19-20; Ord. No. G-8992, § 24, 3-8-21)

19.102.050 - Application—Approval or denial.

A.

An applicant for a ministerial permit pursuant to this article shall submit an application to the planning director in the format and number of copies specified by the planning director. The application shall contain all the information specified for the application by the applicable section of this title, unless the planning director waives any of the information requirements. The application shall be accompanied by the fee established by the board of supervisors pursuant to Section 19.06.030 of this title.

B.

The planning director shall inform the applicant either verbally or in writing within seven (7) calendar days of receipt that the application is complete or that additional information is needed to complete the application.

C.

Within seven (7) calendar days of determining the application is complete, the planning director shall issue the permit if he/she determines that the proposed use or development standards meets the development standards and conditions specified in the applicable section or sections of this title or deny the permit if he/she determines that the proposed use or development does not meet the standards and conditions specified in the applicable section or sections of this title.

(Ord. G-6077 § 331, 1994: prior code § 7284.02(A))

If the planning director denies a permit pursuant to this article, the applicant may appeal such action to the planning commission.

A.

The applicant may file with the planning director a notice of appeal to the action of the planning director indicating the basis of appeal within seven (7) calendar days of such action. The appeal shall be accompanied by the fee established by the board of supervisors pursuant to Section 19.06.040 of this title.

B.

The planning commission shall consider the appeal within thirty (30) days of the filing of such appeal. No public hearing or notice shall be required.

C.

The planning commission may reverse or affirm the action of the planning director. The action of the board shall constitute a ministerial action and shall be based solely on whether or not the proposed use or development meets the development standards and conditions specified in or established pursuant to the applicable section or sections of this title.

D.

The decision of the planning commission pursuant to subsection (C) of this section may be appealed to the board of supervisors pursuant to subsection (A) of Section 19.102.170 of this chapter.

(Ord. G-7189 § 92, 2005; Ord. G-6551 § 110, 1998: Ord. G-6077 § 332, 1994: prior code § 7284.02(B))

Article III. - Discretionary Permit Decisions by the Planning Director

The discretionary permits specified in this title for review pursuant to this article may be issued by the planning director following submission of an application containing the information specified in the applicable section of this title and a properly noticed public hearing. These permits include:

A.

Precise development plan review (Sections 19.56.130 through 19.56.200);

B.

Cluster combining site development plan review (Sections 19.58.130 through 19.58.180);

C.

Conditional use permits and variances when filed in conjunction with an application for a discretionary permit to be heard by the planning director (Chapters 19.106 and 19.108);

D.

Zone modifications (Chapter 19.110);

E.

Extensions of time;

F.

Temporary event permit (Section 19.08.340);

G.

Temporary fruit stands (Sections 19.12.130 and 19.14.130);

H.

Temporary precise development plan (Section 19.56.180);

I.

Variances (Chapter 19.106);

J.

Small wind energy system permit (Section 19.08.415);

K.

Kern River development permit (Chapter 19.73);

L.

Airport approach height (H district) plot plan review (Sections 19.76.130 and 19.76.140);

M.

Community garden permit (Chapters 19.16, 19.18, 19.20, 19.22, 19.26. 19.28, 19.30, 19.32, 19.34, and 19.42).

N.

Accessory dwelling unit (Chapters 19.90 and 19.106).

(Ord. G-6968 § 55, 2003; Ord. G-6864 §§ 77, 78, 2002; Ord. G-6551 § 111, 1998: Ord. G-6077 § 333, 1994: Ord. G-5063 § 5, 1989; prior code § 7284.03 (part))

(Ord. No. G-7821, § 82, 1-27-09; Ord. No. G-8226, § 104, 11-8-11; Ord. No. G-8725, § 21, 7-11-17)

19.102.080 - Application.

A.

An applicant for a discretionary permit pursuant to this article shall submit an application to the planning director in the format and number of copies specified by the planning director. The application shall contain all the information specified for the application by the applicable section of this title, unless the planning

director waives any of the information requirements. The application shall be accompanied by the fee established by the board of supervisors pursuant to Section 19.06.030 of this title.

B.

The planning director shall inform the applicant in writing within thirty (30) calendar days of receipt that the application is complete or that additional information is needed to complete the application.

C.

Upon acceptance of the application as complete and completion of an environmental document, if required, a public hearing shall be set in accordance with this chapter.

(Ord. G-6077 § 334, 1994: prior code § 7284.03(A))

19.102.090 - Notice and hearing.

A.

When an application has been accepted as complete in accordance with this chapter, the planning director shall set the application for a public hearing.

B.

At least ten (10) calendar days before the date of any public hearing, the date, time, place of the hearing, identity of the hearing body, and the nature and location of the application shall be given by the following

methods:

1.

Publishing such notice once in a newspaper of general circulation.

2.

Mailing or delivering notice, postage prepaid, to the property owner, the applicant, to each member of the board of supervisors, to the owners of all property within five hundred (500) feet of the exterior boundaries of the property which is subject of the application, and to any person who has filed a written request for such notice. In instances where the majority of parcels abutting the project site are one (1) acre or larger in size, owners of all property within one thousand (1,000) feet of the project site shall be provided notice. For the purposes of this notice, property owners shall be the last known name and address of the property owner names on the last assessment roll of the county. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph is greater than one thousand (1,000), a display advertisement of at least one-eighth (⅛) page in at least one (1) newspaper of general circulation may be published at least ten (10) days prior to the hearing in lieu of mailed or delivered notice.

3.

In lieu of the requirements set forth in subparagraph (1) of this subsection, notice may be given by posting notices not more than three hundred (300) feet apart along each street upon which the subject property abuts for a distance of not less than three hundred (300) feet in each direction from the exterior limits of the subject property. In instances where the majority of parcels abutting the project site are one (1) acre or larger in size, notice shall be posted not more than three hundred (300) feet apart for a distance of one thousand (1,000) feet in each direction.

4.

Notification for the consideration of zone modifications (Chapter 19.110) shall be as specified in subsections 19.102.090(B)1 and 3. In addition, notification shall include the mailing or delivering notice, postage prepaid, to the property owner(s), owners of all abutting properties, the applicant(s), to each member of the board of supervisors, and to any person who has filed a written request for such notice.

5.

Notification for the consideration of community garden permits, extension of time requests, small wind energy system permits, temporary event permits (TEP), temporary fruit stands, and temporary precise development plans shall be provided as follows:

a.

Mailing or delivering notice, postage prepaid, to the property owner, the applicant, to the owners of all abutting properties, to each member of the board of supervisors, and to any person who has filed a written request for such notice.

b.

For small wind energy system permit applications on sites included within the restricted military air space shown as any cross-hatched area in Figure 19.08.160, notice also shall be mailed or delivered to the China Lake Naval Weapons Center and the Edwards Air Force Base Flight Test Center.

C.

Public Hearing. A public hearing shall be held before the planning director at a time and place in accordance with the public notice. The director may establish his/her own rules for the conduct of such hearings. Evidence shall be offered or presented, and the name of each witness shall be recorded and made a part of the permanent files. Any hearing may be continued provided that prior to adjournment or recess, the director or his/her designee shall announce the time and place to which the hearing will be continued. If it is determined to be in the public interest, the director may schedule a public hearing for any permit type specified in Section 19.102.070 directly before the board of supervisors, in which case a decision shall be rendered in accordance with Section 19.102.220.

(Ord. G-7189 § 94, 2005; Ord. G-6968 § 56, 2003; Ord. G-6967 § 28, 2003; Ord. G-6864 § 80, 2002; Ord. G-6551 § 112, 1998: Ord. G-6412 § 60, 1997: Ord. G-6077 §§ 335, 336, 1994; Ord. G-5684 §§ 102—104, 1991; Ord. G-4993 § 54, 1989; Ord. G-4832 § 173, 1988; prior code § 7284.03(B))

(Ord. No. G-8226, § 105, 11-8-11)

A.

The planning director may approve, conditionally approve, or deny any application following the close of the public hearing on the matter. Such decision shall include findings in accordance with the provisions of this title. The decision shall be final, subject to appeal in accordance with Section 19.102.110 of this chapter.

B.

Written notice of such decision shall be given by mail within seven (7) calendar days after the date of the decision to the applicant and any person filing a written request for notice of the decision.

C.

The decision of the planning director shall be final on expiration of fourteen (14) calendar days from and including the date of decision, unless a notice of appeal is filed with the planning director within such time.

D.

All conditions of approval shall be final, and a request to delete or to modify a condition to make it less restrictive shall only be considered at a properly noticed public hearing, unless such conditions are appealed pursuant to Section 19.102.110 of this chapter.

(Ord. G-6077 § 338, 1994: prior code § 7284.03(C))

A.

Any decision of the planning director made pursuant to this article shall be subject to appeal to the board of supervisors.

B.

The applicant or any other person aggrieved may appeal from such decision by filing a written notice of appeal with the planning director prior to the time the decision becomes final. The planning director shall furnish forms of notice of appeal. The appeal shall be accompanied by the fee established by the board of supervisors pursuant to Section 19.06.040 of this title.

C.

Notice of the hearing on the appeal shall be given in the manner and time provided in Section 19.102.210 of this chapter.

D.

The board of supervisors may reverse, affirm wholly or partly, modify, or attach other or additional conditions to the decision appealed from.

E.

The decision of the board of supervisors on any such appeal shall be final on adoption of an order or resolution containing its determination, and no notice thereof need be given.

(Ord. G-7189 § 96, 2005; Ord. G-6077 § 339, 1994: prior code § 7284.03(D))

No permit shall be issued prior to the expiration of any appeal period.

(Prior code § 7284.03(E))

Article IV. - Discretionary Permit Decisions by the Planning Commission

The permits specified in this article may be issued by the planning commission following submission of an application containing the information specified in the applicable section of this title and a properly noticed public hearing. These permits include:

A.

Conditional use permits (Chapter 19.104);

B.

Zone modifications when filed in conjunction with an application for a permit to be heard by the planning commission (Chapter 19.110);

C.

Surface mining permits and reclamation plans (Chapter 19.100);

D.

Secondary residential unit (Chapters 19.90 and 19.104);

E.

Density bonus permit, when filed in conjunction with an application for a permit to be heard by the planning commission (Sections 19.92.030 through 19.92.060);

F.

Variances, when filed in conjunction with an application for a permit to be heard by the planning commission (Chapter 19.106);

G.

Cluster site development plan review (Sections 19.58.130 through 19.58.180) when filed in conjunction with an application for a tentative tract map;

H.

Precise development plans, conditional use permits, variances and zone modifications when filed in conjunction with an application for a tentative tract map (Chapters 19.104, 19.106, and 19.110);

I.

Tentative tract maps (Chapters 18.10, 18.15, and 18.40 of the Land Division Ordinance).

J.

Legal, nonconforming use expansion (Chapter 19.108)

(Ord. G-6551 § 113, 1998: Ord. G-6077 § 340, 1994: Ord. G-5966 § 156, 1993: prior code § 7284.04 (part))

(Ord. No. G-8226, § 106, 11-8-11)

19.102.135 - General requirements—Advisory actions.

The following discretionary permits and actions shall be considered by the planning commission prior to consideration by the board of supervisors, following submission of an application containing the information specified in the applicable section of this title and a properly noticed public hearing. These permits and actions include the following:

A.

Special planning site development plan review (Sections 19.52.130 through 19.52.180);

B.

Precise development plan review, with associated variances, zone modifications or conditional use permits, when filed in conjunction with an application for a change of zone classification (Sections 19.56.130 through 19.56.200 and Chapters 19.104, 19.106, and 19.110);

C.

Cluster combining site development plan review (Sections 19.58.130 through 19.58.180) when filed in conjunction with an application for a change in zone classification;

D.

Density bonus permit when filed in conjunction with an application for a change in zone classification or an application for a permit to be heard by the board of supervisors (Sections 19.92.030 through 19.92.060);

E.

Conditional use permits, variances and zone modifications when filed in conjunction with an application for a change in zone classification (Chapters 19.104, 19.106, and 19.110);

F.

Amendments to this title (Chapter 19.112);

G.

Application for change in zone classification (Chapter 19.112);

H.

Agricultural preserve inclusion or exclusion requests;

I.

Adoption of amendment of any general plan, specific plan or specific plan line;

J.

Williamson Act Land Use Contract cancellations, excluding cancellations of less than ten (10) acres for the purposes of creating an agricultural homesite, as determined by the planning director;

K.

Referrals from the board of supervisors and the planning director.

(Ord. G-7012 § 60, 2003; Ord. G-6551 § 114, 1998)

19.102.140 - Application.

A.

An applicant for a discretionary permit or entitlement pursuant to this article shall submit an application to the planning director in the format and number of copies specified by the planning director. The application shall contain all the information specified for the application by the applicable section of this title, unless the planning director waives any of the information requirements. The application shall be accompanied by the fee established by the board of supervisors pursuant to Section 19.06.030 of this title.

B.

The planning director shall inform the applicant in writing within thirty (30) calendar days of receipt that the application is complete or that additional information is needed to complete the application.

C.

Upon acceptance of the application as complete and completion of an environmental document, if required, a public hearing shall be set in accordance with this chapter.

(Ord. G-6551 § 115, 1998: Ord. G-6077 § 341, 1994: Ord. G-4832 § 174, 1988; prior code § 7284.04(A))

19.102.150 - Notice and hearing.

A.

When an application has been submitted in accordance with this chapter, the planning director shall set the application for a public hearing.

B.

At least ten (10) days before the date of any public hearing, the date, time, place of the hearing, identity of the hearing body, and the nature and location of the application shall be given by the following methods:

1.

Publishing such notice once in a newspaper of general circulation;

2.

Mailing or delivering notice, postage prepaid, to the property owner, the applicant, to each member of the board of supervisors, to each member of the planning commission, to the owners of all property within five hundred (500) feet of the exterior boundaries of the property which is subject of the application, and to any person who has filed a written request for such notice. In instances where the majority of parcels abutting the project site are one (1) acre or larger in size, owners of all property within one thousand (1,000) feet of the project site shall be provided notice. For the purposes of this notice, property owners shall be the last known name and address of the property owner names on the last assessment roll of the county. lf the number of owners to whom notice would be mailed or delivered pursuant to this paragraph is greater than one thousand (1,000), a display advertisement of at least one-eighth (⅛) page in at least one (1) newspaper of general circulation may be published at least ten (10) days prior to the hearing in lieu of mailed or delivered notice;

In lieu of the requirements set forth in subparagraph (1) of this subsection, notice may also be given by posting notices not more than three hundred (300) feet apart along each street upon which the subject property abuts for a distance of not less than three hundred (300) feet in each direction from the exterior limits of the subject property. In instances where the majority of parcels abutting the project site are one (1) acre or larger in size, notice shall be posted not more than three hundred (300) feet apart for a distance of one thousand (1,000) feet in each direction.

C.

Public Hearing. A public hearing shall be held before the planning commission at a time and place in accordance with the public notice. The board of supervisors shall establish rules for the conduct of such hearings. Evidence shall be offered or presented, and the name of each witness shall be recorded and made a part of the permanent files. Any hearing may be continued provided that prior to adjournment or recess, the presiding officer shall announce the time and place to which the hearing will be continued. If it is determined to be in the public interest, the planning director may schedule a public hearing for any permit type specified in Section 19.102.130 directly before the board of supervisors, in which case a decision shall be rendered in accordance with Section 19.102.220.

(Ord. G-6967 § 30, 2003; Ord. G-6864 § 82, 2002; Ord. G-6551 § 116, 1998: Ord. G-6412 § 61, 1997: Ord. G-6077 §§ 342, 343, 1994; Ord. G-5684 §§ 105, 106, 1991; Ord. G-4832 § 175, 1988; prior code § 7284.04(B))

A.

The planning commission may approve, conditionally approve or deny any application specified by Section 19.102.130 following the close of public testimony on the matter or within thirty-five (35) days thereafter by resolution except as provided in Title 18. Such resolution shall include findings in accordance with the provisions of this chapter. The decision shall be final, subject to appeal in accordance with this chapter. In the event that the planning commission is unable to reach a majority decision, as evidenced by a tie vote, the project is deemed denied.

B.

Where an advisory action is required as specified by Section 19.102.135, the planning commission shall adopt a recommendation following the close of public testimony on the matter or within thirty-five (35) days thereafter by resolution. Such resolution shall include findings in support of the recommendation. In the event that the planning commission is unable to reach a majority decision, as evidenced by a tie vote, the project is deemed denied. Except for general plan amendments, within fifty (50) days from the date a decision is rendered by the planning commission, a public hearing shall be scheduled before the board of supervisors to consider the planning commission's recommendation.

C.

Written notice of such decision shall be given by mail within seven (7) calendar days after the date of the decision to the applicant and any person filing a written request for notice of the decision.

D.

The decision of the planning commission on permits specified by Section 19.102.130 shall be final on expiration of fourteen (14) calendar days from and including the date of the decision, as required by subsection (C) of this section, unless a notice of appeal is filed with the planning director within such time.

E.

All conditions of approval shall be final, and a request to delete or to modify a condition shall only be considered at a properly noticed public hearing, unless such conditions are appealed pursuant to Section 19.102.170 of this chapter.

(Ord. G-6864 § 84, 2002; Ord. G-6551 § 117, 1998: Ord. G-6077 § 345, 1994; prior code § 7284.04(C))

19.102.170 - Appeal.

A.

Any decision of the planning commission made pursuant to Section 19.102.130 shall be subject to appeal to the board of supervisors.

B.

The applicant or any other person aggrieved may appeal from such decision by filing a written notice of appeal with the planning director prior to the time the decision becomes final. The planning director shall furnish forms of notice of appeal. The appeal shall be accompanied with the fee established by the board of supervisors pursuant to Section 19.06.040 of this title.

C.

Notice of the hearing on appeal shall be given in the manner and time provided in Section 19.102.210 of this chapter. Notice of the hearing on appeal shall also be given not less than ten (10) days before such hearing to each person entitled to notice of the preceding decision.

D.

The board of supervisors may reverse, affirm wholly or partly, modify, or attach other or additional conditions to the decision appealed from.

E.

A decision of the board of supervisors on any such appeal shall be final on adoption of an order or resolution containing its determination, and no notice thereof need be given.

(Ord. G-7189 § 98, 2005; Ord. G-6551 § 118, 1998: Ord. G-6077 § 347, 1994; prior code § 7284.04(D))

No permit shall be issued prior to the expiration of any appeal period.

(Prior code § 7284.04(E))

Article V. - Discretionary Permit Decisions by the Board of Supervisors

The discretionary permits specified in this title for review pursuant to this article may be issued by the board of supervisors following submission of an application containing the information specified in the applicable section of this title and a properly noticed public hearing. These permits include:

A.

SP site development plan review (Sections 19.52.130 through 19.52.180);

B.

Precise development plan review, with associated variances, zone modifications, or conditional use permits, when filed in conjunction with an application for a change of zone classification or tentative tract map (Sections 19.56.130 through 19.56.200 and Chapters 19.104, 19.106, and 19.110);

C.

CL site development plan review (Sections 19.58.130 through 19.58.180) when filed in conjunction with an application for change of zone classification or with a tentative tract map;

D.

Density bonus permit when filed in conjunction with an application for a change of zone classification or an application for a permit to be heard by the board of supervisors (Sections 19.92.030 through 19.92.060),

E.

Appeals of discretionary decisions by the planning director (Subsection (A) of Section 19.102.110);

F.

Appeals of Planning Commission decisions (Section 19.102.170);

G.

Conditional use permits, variances, and zone modifications when filed in conjunction with an application for a change in zone classification or for a tentative tract map (Chapters 19.104, 19.106, and 19.110);

H.

Amendments to this title (Chapter 19.112);

I.

Application for change of zone classification (Chapter 19.112);

J.

Agricultural preserve inclusion or exclusion requests, agricultural preserve contracts, contract cancellation, and contract amendments;

K.

Adoption and amendment of any general plan, specific plan or specific plan line;

L.

Conditional use permit for native groundwater transport or transfer outside both Kern County and its watersheds (Chapter 19.118).

(Ord. G-6968 § 62, 2003; Ord. G-6551 § 119, 1998: Ord. G-6502 § 3, 1998; Ord. G-6077 § 349, 1994; prior code § 7284.05 (part))

19.102.200 - Application.

A.

An applicant for a discretionary permit pursuant to this article shall submit an application to the planning director in the format and number of copies specified by the planning director. The application shall contain all the information specified for the application by the applicable section of this title, unless the planning director waives any of the information requirements. The application shall be accompanied by the fee established by the board of supervisors pursuant to Section 19.06.030 of this title.

B.

The planning director shall inform the applicant in writing within thirty (30) calendar days of receipt that the application is complete or that additional information is needed to complete the application.

C.

Upon acceptance of the application as complete and completion of an environmental document, if required, a public hearing shall be set in accordance with Section 19.102.210 of this chapter.

(Ord. G-6077 § 351, 1994: prior code § 7284.05(A))

19.102.210 - Notice and hearing.

A.

When an application has been submitted in accordance with Section 19.102.200 of this chapter, the planning director shall set the application for a public hearing.

B.

At least ten (10) days before the date of any public hearing, the date, time, place of the hearing, identity of the hearing body, and the nature and location of the application shall be given by the following methods:

1.

Publishing such notice once in a newspaper of general circulation;

2.

Mailing or delivering notice, postage prepaid, to the property owner, the applicant, to each member of the board of supervisors, to the owners of all property within five hundred (500) feet of the exterior boundaries of the property which is subject of the application, and to any person who has filed a written request for such notice. In instances where the majority of parcels abutting the project site are one (1) acre or larger in size, owners of all property within one thousand (1,000) feet of the project site shall be provided notice. For the purposes of this notice, property owners shall be the last known name and address of the property owner names on the last assessment roll of the county. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph is greater than one thousand (1,000), a display advertisement of at least one-eighth (⅛) page in at least one (1) newspaper of general circulation may be published at least ten (10) days prior to the hearing in lieu of mailed or delivered notice;

3.

In lieu of the requirements set forth in subparagraph (1) of this subsection, notice may also be given by posting notices not more than three hundred (300) feet apart along each street upon which the subject property abuts for a distance of not less than three hundred (300) feet in each direction from the exterior limits of the subject property. In instances where the majority of parcels abutting the project site are one (1) acre or larger in size, notice shall be posted not more than three hundred (300) feet apart for a distance of one thousand (1,000) feet in each direction;

4.

The notification for appeals of discretionary decisions by the planning director shall be the same as required for that particular permit application as specified in Section 19.102.090;

5.

Notification requirements for items listed in Subsection 19.102.190(J) shall be as required by the California Land Conservation Act of 1965.

C.

Public Hearing. A public hearing shall be held before the board of supervisors at a time and place in accordance with the public notice. The board of supervisors may establish rules for the conduct of such hearings. Evidence shall be offered or presented, and the name and address of each witness shall be recorded and made a part of the permanent files. Any hearing may be continued provided that prior to adjournment or recess, the presiding officer shall announce the time and place to which the hearing will be continued.

ic notice. The board of supervisors may establish rules for the conduct of such hearings. Evidence shall be offered or presented, and the name and address of each witness shall be recorded and made a part of the permanent files. Any hearing may be continued provided that prior to adjournment or recess, the presiding officer shall announce the time and place to which the hearing will be continued.

(Ord. G-6967 § 32, 2003; Ord G-6864 § 86, 2002; Ord. G-6412 § 62, 1997: Ord. G-6077 § 352, 1994: Ord. G-4832 § 176, 1988; prior code § 7284.05(B))

A.

The board of supervisors may approve, conditionally approve or deny any application following the close of the public hearing on the matter or within thirty-five (35) days thereafter by resolution. Such decision may include findings in accordance with the provisions of this title. The decision shall be final. An applicant, before a final vote is taken, may request a continuance until such time as all board members are present to vote on the matter.

B.

Written notice of such decision shall be given by mail within seven (7) calendar days after the date of the decision to the applicant and any person filing a written request for notice of the decision.

C.

The decision of the board of supervisors shall be final on adoption of an order or resolution containing its determination.

D.

In the event a written request is received to modify conditions of approval subsequent to the approval of a discretionary permit by the board of supervisors, the request shall be considered by that hearing body which is authorized to consider that particular type of discretionary permit.

(Ord. G-4832 § 177, 1988; prior code § 7284.05(C))

There shall be no appeal from a decision by the board of supervisors under this title.

(Prior code § 7284.05(D))