§ 17.3

1. Purpose and Intent

   • a. The General Plan outlines the goais, objectives and policies establishing the character and location of land uses throughout the City. It is the purpose of this section to establish regulations consistent with Government Code section 65450, which serves to implement General Plan goals, objectives and policies, provide for superior development, and allows a greater degree of design and land use flexibility within the framework of a site specific development plan.

   • b. The provisions of this section establish procedures that provide for large-scale, multi-phased residential, commercial or industrial mixeduse developments. These provisions permit the clustering of units, the mixing of land use and building types, and the formulation of specific development standards and design criteria that respond to the particular features or conditions affecting a site.

   • Cc. Applicability

The PD zone district is intended to be applied when:

  - (1) The objectives of the General Plan would be more effectively achieved through the design flexibility of a PD zone district, or 

  - (2) The physical characteristics of a site necessitate restricting conventional development opportunities to preserve a significant amenity or natural feature or mitigate a man-made or natural hazard, or 

  - (3) It is necessary to ensure land use compatibility and appropriate design by requiring the merging of areas or parcels into a single overall land use plan and site design that might otherwise be developed separately. 

2. Use Regulations

   • a. Uses within a PD zone district shall be established by a development plan approved for the site.

   • b. Uses established by a development plan shall be consistent with the text and land use map of the General Plan and any applicable planned development or specific plan for the project site.

   • Cc. Prior to the approval of a zone change to "Planned Development," the conditions of approval for the development plan, approved in accordance with the provisions of this Title, shall establish the permitted, and the conditionally permitted primary and accessory uses for a planned development project,

3. Application Procedures An application for change of zone to a PD zone district shall involve the following:

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(c) Other improvements that may be necessary to protect public health, safety, and welfare have been required.

4. Preliminary and Final Development Plans Content

• a. The development plan shall function as a development suitability analysis and land use concept plan that achieves the following:

  • (1) Identifies and quantifies the constraints and opportunities for development posed by

    • (a) The physical characteristics of the site;

    • (b) Available public services and facilities;

    • (c) The capacity of the existing circulation system; and

    • (d) The existing and planned land use of adjacent properties.

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• (2) Establishes a list of specific limits, parameters and planning objectives to guide development based on the identified development constraints and opportunities.

  • (3) Describes one or more potential development schemes derived from the limits, parameters, and planning objectives controlling development. Each proposed development scheme shall describe the following: (a) Proposed land uses and approximate distribution of such land uses;

    • (b) Proposed density of residential use;

    • (c} Estimated population;

    • (d) Estimated service demands;

    • (e) The anticipated impact on the existing circulation system;

    • (f) The anticipated impact on adjacent properties; and (g) The relationship of various elements to the General Plan.

• b. The development plan shall function as an overall comprehensive plan of development for the PD zone district that sets forth a written text, maps and/or diagrams, a detailed plan of development based upon the application of the established limits, parameters, and planning objectives controlling development. Said plan shall describe in detail: (1) Proposed land uses and building types, the functional management of such uses and building types and relationship to site, site grading, circulation, lighting, paving, parking,

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• (6) That the proposed land uses and proposed arrangement of such uses will be compatible with the existing and planned land use character of adjacent properties.

• (7) That the plan carries out the intent of the PD provisions of this Title.

b. Prior to approving an application for a final development plan, the City Council shal! make the following findings:

• (1) That the proposed development is consistent with the General Plan and any applicable community plan or specific plan.

• (2) That the site for the proposed development is adequate in size and shape to accommodate proposed uses and proposed development standards for all yards, open spaces, setbacks, walls and fences, parking areas, loading areas, landscaping, and other features.

• (3) That the improvements required by the conditions of approval, and the proposed manner of development, adequately address any natural and man-made hazards affecting the proposed development and the project site.

• (4) That the site for the proposed development has adequate access, i.e., the conditions of the site design and development plan considers the limitations of existing and proposed streets and highways.

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• (5) That adequate public services exist, or will be provided in accordance with the conditions of approval, to serve the proposed development; and that approval of the proposed development will not result in a reduction of such public services to properties in the vicinity in a manner that is detrimental to the public health, safety and welfare.

• (6) That the proposed development, as conditioned, will not have a substantial adverse effect on surrounding property or the permitted use thereof, and will be compatible with the existing and planned land use character of adjacent properties.

• (7) The proposed development carries out the intent of the PD provisions of this Title by providing a more efficient use of the land and an excellence of design superior to that which could be achieved through the application of conventional development standards.

• (8) The final plan is in substantial compliance with the approved development plan.

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• (2) Except as otherwise permitted, a street side building setback area setback area shall be used only for landscaping, pedestrian walkways, driveways, and off-street parking.

• (3) Except as otherwise permitted, required rear and interior side building setback areas shall be used only for landscaping, pedestrian walkways, driveways, off-street parking or loading, storage of materials (when provided in accordance with the provisions of this Title), recreational activities or facilities, and similar accessory activities.

• 17.3.30 AIRPORT APPROACH HEIGHT COMBINING (H) DISTRICT

1. Purpose and Intent

The Airport Safety Regulations are established to provide greater safety to aviators and the genera! public by establishing requirements for land use compatibility reviews within designated areas consistent with the Kern County Airport Land Use Compatibility Plan.

2. Permitted Uses .

Permitted uses in an H district are those uses permitted by the base district with which the H district is combined.

3. Uses Permitted with a conditional use permit

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

4. Prohibited Uses

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

5. Minimum Lot Size

Minimum lot size requirements in an H district shall be in compliance with the requirements of the base district with which the H district is combined.

6. Minimum Lot Area per Dwelling Unit

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

7. Yards and Setbacks

Yard and setback requirements in an H district shall be in compliance with the requirements of the base district with which the H district is combined.

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• b. The proposed use does not involve the storage or dispensing of volatile or otherwise hazardous substances that would endanger aircraft operations and public safety.

• c. The proposed use does not attract a large concentration of birds, produce smoke, generate electrical interference, reflect glare or light, or emit radio transmissions that may endanger aircraft operations.

• d. The proposed use promotes the public interest to provide for the development of the airport and the area around the airport in such a manner, among other things, to comply with the noise standards adopted pursuant to the General Plan and the provisions of Section 17.10.180 of this Title and to prevent the creation of new noise and safety hazards.

e. The proposed use enhances the protection of public health, safety and welfare, by ensuring the orderly expansion of the airport and the adoption of land use measures or development standards that minimize the public’s exposure to excessive noise and safety hazards within the area around the airport to the extent that such areas are not already devoted to incompatible uses.

• f. The proposed use will not adversely affect safe air navigation, airport operations, or interfere with airport communications.

• g. The proposed use complies with the development standards specified by this chapter.

15. Development Standards

• When a land use is proposed within an area governed by this chapter, the following standards and criteria shall apply:

• a. Proposed structures and the normal mature height of any vegetation shall not exceed the height limitations provided by the requirements of Federal Aviation Regulations (FAR), Part 77 or with the requirements of this Chapter. Existing topographic elevations, as compared to the elevation of the centerline of the runway (primary surface), shall be considered in determining the permitted height of an affected structure.

  • b, Proposed uses shall be consistent with the General Plan, this Title, and the Kern County Airport Land Use Compatibility Plan.

  • Cc. The proposed use or the structure shall not reflect glare, emit electronic interference or produce smoke that would endanger aircraft operations.

  • d, All heliports shall be constructed pursuant to FAA Advisory Circular 150/5390-1B.

  • e. The provisions of the California Airport Land Use Planning Handbook shall be met.

17.3.40 DRILLING ISLAND (Dl) DISTRICT

1. Purpose and Intent

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• ’ The purpose of the Drilling Island (Dl) district is to designate single lots and relatively small areas within the boundaries of final map subdivisions and

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the City's Local Guidelines Implementing the California Environmental Quality Act.

Cc. Drainage sump, except for the provision of Section 17.3.40.2.b (Permitted Uses) of this chapter, provided that mineral rights owners have given written consent.

4. Prohibited Uses

All other uses not permitted by Sections 17.3.40.2 (Permitted Uses) and 17.3.40.3 (Uses Permitted with a Conditional Use Permit) of this chapter are prohibited in the D! district.

5. Minimum Lot Size

No portion of any lot within the DI district shall contain less than two and one-half (2 1/2) gross acres in size. 6. Minimum Lot Area per Dwelling Unit

• There is no requirement for minimum lot area per dwelling unit in the DI district. Since dwellings units are not permitted.

• 7. Yards and Setbacks

Pursuant to Section 17.9.40 (Development Standards and Conditions) of this - Title, no oil or gas well shall be drilled within one hundred (100) feet of the rightof-way of any public highway, proposed public highway, Official Plan Line, or Specific Plan Line in the DI District.

8. Height Limits

Height limits in the DI district are as follows:

• a. None on derricks and other equipment used during the exploration and drilling phase of development.

• b. Pumping units shall not exceed thirty-five (35) feet in height.

9. Minimum Distance between Structures

Minimum distance between structures in the DI district shall be as provided in the requirements of Section 17.9.40 (Development Standards and Conditions) of this Title.

40. Parking

There is no minimum requirement for parking in the DI district; provided, however, all vehicle parking and maneuvering areas shall be treated and maintained with oiled sand or a similar dust binding material.

11, Signs

The following signs are permitted in the DI district in accordance with the requirements of Chapter 17.14 (Sign Regulations) of this Title.

• a. Directional signs, warning signs, and identification signs, not to exceed two (2) square feet each in accordance with the provisions of Section 17.14.90 (Public Safety Signs) of this Title.

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3. Uses Permitted by a Conditional Use Permit The following uses and all others determined to be similar to these uses, pursuant to Section 17.1.90 (Determination of Similar Use) of this Title, are permitted in a PE district subject to securing a conditional use permit in accordance with the provisions of Section 17.2.50 (Conditional Use Permits) of this Title.

• a. Wells for the exploration and development, production, storage, transmission, and treatment, and any accessory or ancillary equipment, structure or facilities thereto, of oil, gas, or other hydrocarbon substances if the well(s) are located within three hundred (300) 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.

4. Prohibited Uses

All other uses not permitted by Sections 17.3.50.2 (Permitted Uses) and 17.3.50.3 (Uses Permitted by Conditional Use Permit) of this chapter, or of uses not permitted in the base district within which the PE district is combined, are prohibited in a PE district.

5. Minimum Lot Size

Minimum lot size is per the requirements of the base district within which the PE district is combined.

6. Minimum Lot Area per Dwelling Unit

Minimum lot area per dwelling unit is per the requirements of the base district with which the PE district is combined.

7. Yards and Setbacks

   • a. No oil or gas well shail be drilled within one hundred (100) feet of the right-of-way of any existing or proposed public highway or street, Official Plan Line, or Specific Plan Line.

   • 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.

8. Height Limits

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

  • b. Pumping units shall not exceed thirty-five (35) 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.

9. Minimum Distance between Structures

• a. Per the requirements of Chapter 9 (Oil and Gas Production) of this Title.

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17.4.10 PURPOSE AND INTENT

The General Plan outlines goals, objectives, and policies regarding the character of residential land uses and development. It is the purpose of this chapter to provide regulations that implement those goals, objectives and policies that will assure availability of a wide range of residential housing opportunities and dwelling unit types to meet the needs of present and future City residents of all socioeconomic groups.

Itis also the intent of this chapter fo ensure adequate light, air, privacy, and open space for each dwelling, minimize traffic congestion, avoid overloading of utilities resulting from the construction of buildings of excessive bulk or number in relation to the surrounding land area, protect residential properties from objectionable noise, illumination, unsightliness, odors, smoke and other deleterious influences; and facilitate the provision of utility services and other public facilities commensurate with anticipated population, dwelling unit densities, and service requirements.