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HomeMy WebLinkAboutORD NO 3656ORDINANCE NO. 3 6 5 6 AN ORDINANCE AMENDING THE TEXT OF CHAPTERS 17.52 AND 17.54 OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE PLANNED UNIT DEVELOPMENT (P.U.D.) ZONE AND THE PLANNED COMMERCIAL DEVELOPMENT (P.C.D.) ZONE, RESPECTIVELY. WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing regarding text amendments to Chapter 17.52 (Planned Unit Development Zone) and Chapter 17.54 (Planned Commercial Development) Zone; and WHEREAS, by Resolution No. 3%95 on June 1, 1995, the Planning Commission recommended approval and adoption of said text amendments and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; and WHEREAS, the Planning Commission, as a result of said hearing, did make several findings of fact and the Council has considered said findings and all appear to be true and correct; and WHEREAS, the law and regulations relating to CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, Planning Commission and this Council; and NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: All of the foregoing recitals are hereby found to be true and correcL 2. The findings made by the Planning Commission adopted in Resolution No. are hereby adopted herein by reference. 3. The text amendments to Chapter 17.52 (P.U.D. and Chapter 17.54 (P.C.D.) are hereby approved as follows: SECTION 1. Chapter 17.52 is hereby amended to read as follows: Chapter 17~2 P.U.D. PLANNED UNIT DEVELOPMENT ZONE Sections: 17.52.010 17.52.020 17.52.030 17.52.040 17.52.050 17.52.060 17.52.070 17.52.080 17.52.090 17.52.100 17.52.110 17.52.120 Intent and purpose. Uses permitted. Application. Rezoning procedure. Final development plan. Latitude of regulations. Required findings. Termination of zone. Minimum site area. Residential density. Modification of approved plan. Maintenance of common areas and non-dedicated improvements and facilities. 17.52.010 Intent and purpose. It is recognized that an integrated development provides an opportunity for creative design when flexible regulations are applied. The planned unit development zone is intended to allow for innovative design and diversification in the relationship of various uses, buildings, structures, lot sizes and open space while ensuring substantial compliance with the general plan and the intent of the municipal code. In addition, the development would provide adequate standards necessary to satisfy the requirements of the public health, safety and general welfare. This zone is not to be used to restrict residential development or to compromise other zoning districts that may be more appropriate for a site. Instead, it enables a developer to obtain approval of a specific, detailed plan for a residential neighborhood which ensures that the uniqueness of the project design is preserved. These standards shall be observed without unduly inhibiting the advantages of modern site planning techniques and innovative planning of residential neighborhoods. 17.52.020 A. Uses permitted. The following uses are permitted in P.U.D. zones: 2. 3. 4. 5. 6. 10. 11. 12. 13. 14. 15. One family dwellings; Multiple-family dwellings; Condominiums; Cluster developments; Parks and playgrounds, public and/or private; Commercial uses, when the Planning Commission finds that such uses are incidental to, and compatible with, the nature and type of development proposed; Real estate tract sales offices and model homes pursuant to the provisions of Section 17.10.020 H. Uses and structures which are incidental or accessory to any of the uses permitted in P.U.D. zones; Churches; Schools, public and/or private; Golf courses, including associated clubhouse and driving range; Tennis courts, including associated clubhouse; Swimming pools; Equestrian facilities; Hiking, bicycle and equestrian trails; lfi. Open space areas including natural and wildlife areas. The permitted uses may be allowed in combinations in this zone, provided such use or uses are in harmony with each other and serve to fulfill the function of the planned unit development. 17.52.030 Application. The application shall consist of the following: A. A preliminary development plan, drawn to scale, which shall be at the minimum scale indicated and include all the information as required for site plan review pursuant to Section 17.53.060 A.3. The number and type of plans shall be as follows: 1. Two copies at scale of all plans submitted; 2. One copy of each plan reduced to a size of 8V2" x 11"; 3. One color rendition at scale of the site/landscape plan, and elevation. B. A statement of reasons for including any commercial uses in the development; C. A statement concerning any proposal to locate public, quasi-public, recreational and educational areas within the development, including size, estimated employment, anticipated financing, development and maintenance; D. Residential density of the subject area including the estimated population; 4 If commercial uses are proposed, indicate building sizes, signs, and estimated employment; A completed zone change application on such forms as provided by the city, signed by the owner in fee of the subject land and the owner of any option to purchase the property or any portion thereof, if any; A statement indicating procedures and programming for the development and maintenance of semipublic or public areas, buildings and structures; A statement indicating the stages of development proposed for the entire development; Any additional information, plans, drawings, elevations, photos, diagrams and improvements as may be required by the Planning Director to adequately review the project. 17.52.040 Rezoning procedure. An application shall be processed as follows: Pursuant to Sections 17.64.110 through 17.64.140 of this code regarding zone changes. If the application is approved by the City Council, the zoning map of the area shall be changed by identifying the area with the map symbol P.U.D. The preliminary development plan as approved, shall be filed with the City and shall, by reference, be incorporated into and thereby become part of the zoning ordinance of the City. After the effective date of the ordinance change to the P.U.D. zone, no building or structure shall be erected, moved or altered on the subject property except when in compliance with the final development plan as approved by the Site Plan Review Committee. 17.~2.050 Final development plan. Contents. The final development plan shall be drawn to the same scale and include the information as required for a preliminary development plan, together with any modifications or conditions that were required by the Planning Commission and City Council. Procedure. The final development plan shall be submitted and processed the same as required for a final site plan pursuant to Section 17.53.060 B.5. The Site Plan Review Committee shall review the plan for substantial compliance with the approved preliminary plan and satisfaction of all conditions set forth in the City Council's final decision. In instances where the Planning Commission desires to review the final development plan, they may place a condition on the project requiring said plan to be brought back before them for review and approval. 17.52.060 Latitude of regulations. The Planning Commission or City Council may require in the final development plan, standards, regulations, limitations and restrictions either more or less restrictive than those specified elsewhere in the municipal code and which are designed to protect and maintain property values and community amenities in the subject community, and which would foster and maintain the health, safety and general welfare of the community, including and relating to but not limited to the following: Height limitations or any bulk requirements on buildings and structures, lot and yard requirements, and distances between buildings; B. Percent coverage of land by buildings and structures; Parking ratios and areas expressed in relation to use of various portions of the property and/or building floor area; Do The location, width and improvement of vehicular and pedestrian access to various portions of the property including portions within abutting streets; 6 L. Planting and maintenance of trees, shrubs, plants and lawns in accordance with a landscaping plan; Construction of fences, walls and floodlighting of an approved design; Limitations upon the size, design, number, lighting and location of signs and advertising structures; Arrangement and spacing of buildings and structures to provide appropriate open spaces around same; Location and size of off-street loading areas and docks; Uses of buildings and structures by general classifications, and specific designation when there are unusual requirements for parking; or when use involves noise, dust, odor, fumes, smoke, vibrations, glare or radiation incompatible with present or potential development of surrounding property; Architectural design of buildings and structures; Schedule of time for construction and establishment of the proposed buildings, structures, or land uses or any stage of development thereof; Requiring of performance bonds to insure development as approved. Any additional improvements and dedications reasonably necessary to fulfill public needs for the general health, safety and welfare of the neighborhood and the cit~. 1732.070 Required findings. In approving and adopting the rezoning application with the preliminary development plan, the Planning Commission and City Council shall find the following: The proposed planned unit development zone and preliminary development plan is consistent with the general plan and objectives of this ordinance; Bo The proposed development will constitute a residential environment of sustained desirability and stability, and it will compliment and harmonize with the character of the surrounding neighborhood and community; and The proposed development justifies exceptions from the normal application of this code in that it integrates such elements as the location of structures, circulation pattern, parking, open space, utilities and other amenities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided for the common use of persons occupying or utilizing the property. 1732.080 Termination of zone. Ao The applicant shall commence construction no later than three years from the effective date of the zone change. If, within such period, the construction specified in the approved preliminary development plan has not been commenced, the Planning Director shall notify the Planning Commission of same and the Commission shall consider whether changed circumstances justify a zone change to rescind the P.U.D. zone or if additional time is necessary to be conditioned in order to commence construction of the project. Initiation of a zone change to rescind the P.U.D. zone, or to change any conditions of approval including those extending time periods, shall be subject to the provisions of Sections 17.64.110 through 17.64.140 of this code. 8 If a certificate of occupancy has not been issued for a substantial portion of the dwelling units or other structures in the first phase of a P.U.D. zone within five years of the effective date of the P.U.D. zone as determined by the Planning Director, he/she shall notify the Planning Commission of same and the Commission shall consider whether changed circumstances justify a zone change to rescind the P.U.D. zone or if additional time is necessary to be conditioned for the project to be completed. Initiation of a zone change to rescind the P.U.D. zone, or to change any conditions of approval including those extending time periods, shall be subject to the provisions of Sections 17.64.110 through 17.64.140 of this code. Where the first phase is substantially developed and the remaining phases are undeveloped or in various stages of development and five years have lapsed since the effective date of the P.U.D. zone as determined by the Planning Director, he/she shall notify the Planning Commission of same and the Commission shall consider whether changed circumstances justify a zone change to rescind the P.U.D. zone for the area containing the uncompleted phases or if additional time is necessary to be conditioned for the project to be completed. Initiation of a zone change to rescind the P.U.D. zone, or to change any conditions of approval including those extending time periods, shall be subject to the provisions of Sections 17.64.110 through 17.64.140 of this code. 17.52.090 Minimum site area. The minimum area for a P.U.D. zone shall be one acre. 17.52.100 Residential density. Open area and density per dwelling unit shall be as shown on the final development plan for the particular P.U.D. zone as approved by the Planning Commission and the City Council. The permitted number of dwelling units may be distributed within the planned residential development zone in accordance with the conditions and terms established pursuant to this chapter consistent with the density standard of the applicable land use designation of the general plan. 17.52.110 Modification of approved preliminary plan. An approved preliminary development plan may be modified by submitting an application for such modification according to the same procedure as is required in the initial review and approval of said plan. The flexibility of code requirements ordinarily required in other districts permitted in any initial approval of a P.U.D. zone shall not be considered as a precedent setting, or as a lone compelling reason for approving any modification. Any application for a modification to an approved preliminary plan may be approved only after it has been found that it does not deviate from the intent and purpose of this zone and the required findings in Section 17.52.070 can be made. The Planning Director may grant minor changes to an approved preliminary development plan provided any change does not alter the design parameters approved by the Planning Commission and City Council unless they are necessary to comply with the conditions of approval. Changes to the design parameters include but are not limited to, alterations to the architectural design or style intended for the development, the physical placement of buildings or structures, location of access points, parking design, building density or size, or the quantity or quality of landscape material. 17.52.120 Maintenance of common areas and non-dedicated improvements and facilities. Ao All common areas, including open or green spaces, community recreation facilities, common walkways, parking areas, private streets, sidewalks, curbs and gutters and all improvements listed in Section 16.32.060 of the subdivision regulations of the city which are not dedicated and accepted, may be constructed only upon full and adequate provision for their preservation and future maintenance in a manner acceptable to the city. 10 ~: ~. Such provision may be satisfied by a declaration of covenants, conditions and restrictions duly signed and acknowledged by the owner; Articles of Incorporation to be filed with the Secretary of State forming a corporation or association, which shall include provision for empowering such entity created to own and maintain all the properties within its jurisdiction and to exercise the powers and duties of such entity to be fully set forth in the declaration; bylaws of the entity which shall set forth rules of membership, required fees and assessments to be used for maintenance purposes, membership rights and duties; and forms of deeds incorporating the declaration by reference to its recording data. Co All documents must be referred to the city attorney for review and have the approval of the Planning Director as their sufficiency to accomplish their purpose. D° The owners of the properties shall, as a condition of such ownership, be required to participate in the legal entity so formed and be responsible to said legal entity for the cost of performing the necessary maintenance. SECTION 2. Chapter 17.54 is hereby amended to read as follows: Chapter 17.54 P.C.D. PLANNF. COMMERCIAL DEVELOPMENT ZONE Sections: 17.54.010 17.54.020 17.54.030 17.54.040 17.54.050 17.54.060 17.54.070 17.54.080 17.54.090 17.54.100 Intent and purpose. Uses permitted. Application. Rezoning procedure. Final development plan. Latitude of resulations. Required findings. Termination of zone, Minimum site area. Modification of approved preliminary plan. 11 17.54.110 Maintenance of common areas and non-dedicated improvements and facilities. 17.54.010 Intent and purpose. It is recognized that an integrated development provides an opportunity for cohesive design when flexible regulations are applied. The planned commercial development is intended to allow for innovative design and diversification in the relationship of various uses, buildings, structures, lot sizes and open spaces while ensurin$ compliance with the general plan and the intent of the municipal code. In addition, the development would provide adequate improvements and standards necessary to satisfy the requirements of the public health, safety and general welfare. This zone is not to be used to restrict commercial development or to compromise other zoning districts that may be more appropriate for a site. Instead, it enables a developer to obtain approval of a specific, detailed plan for a commercial development which ensures that the uniqueness of the proiect design being proposed is preserved. Standards shall be observed without unduly inhibitin8 the advantages of modern site planning techniques and innovative planning of commercial and professional office neighborhoods. 17.54.020 Uses permitted. A. The following uses are permitted in P.C.D. zones: 1. Shopping centers; 2. Commercial service/office industrial centers; Commercial and professional office centers; Any permitted use listed in Chapters 17.20 (C-O), 17.22 (C-1}, 17.24 (C-2). Any use that is conditional in these zones may be requested as part of the initial zone change and approved as conditional uses subject to the findings, conditions and revocation of rights as set forth in Section 17.64.070. Uses which are conditional that are proposed once the P.C.D. zone is effective shall be subject to the provisions of Chapter 17.64 IL; Uses and structures which are incidental or accessor~ to any of the uses permitted in P.C.D. zones. 12 Bo The permitted uses may be allowed in combinations in this zone, provided such use or uses are in harmony with each other and serve to fulfill the intent and purposes of the planned commercial development. 17.54.030 Application. The application shall consist of the following: A. A preliminary development plan, drawn to scale, which shall be at the minimum scale indicated and shall include all the information as required for site plan review pursuant to Section 17.53.060 A.3. The number and type of plans shall be as follows: 1. Two copies at scale of all plans submitted; 2. One copy of each plan reduced to a size of 3. One color rendition at scale of the site/landscape plan, and elevation plan. B. If the proposed project is to be developed in several stages, indicate the anticipated sequence of development. C. Show the proposed methods by which the applicant will govern the maintenance and continued protection of the development including any common areas. D. Indicate all proposed signs for the development. E. A completed zone change application on such forms as provided by the City, signed by the owner or owners in fee of the subject land and the owner of any option to purchase the property or any portion thereof, if any; F. Any additional information, plans, drawings, elevations, photos, diagrams and improvements as may be required by the Planning Director to adequately review the project. 13 17.54.040 Rezoning procedure. An application shall be processed as follows: Pursuant to Sections 17.64.110 through 17.64.140 of this code regarding zone changes. If the application is approved by the City Council, the zoning map of the area shall be changed by identifying the area with the map symbol P.C.D. The preliminary development plan as approved, shall be filed with the City and shall, by reference, be incorporated into and thereby become a part of the zoning ordinance of the City. After the effective date of the ordinance chanse to the P.C.D. zone, no building or structure shall be erected, moved or altered on the subject property except when in compliance with the final development plan as approved by the Site Plan Review Committee. 17.54.050 A. Final development plan. Contents. The final development plan shall be drawn to the same scale and include the information as required for a preliminary development plan, together with any modifications or conditions that were required by the Planning Commission and City Council. Procedure. The final development plan for a building permit shall be submitted and processed the same as required for a final site plan pursuant to Section 17.53.060 B.5. The Site Plan Review Committee shall review the plan for substantial compliance with the approved preliminary plan and satisfaction with all conditions set forth in the City Council's final decision. In instances where the Planning Commisison desires to review the final plan, they may place a condition on the project requiring said plan to be brought back before them for review and approval. 14 17.54.060 Latitude of regulations. The Planning Commission or City Council may require in the final development plan, standards, regulations, limitations and restrictions either more or less restrictive than those specified elsewhere in the municipal code and which are desigued to protect and maintain property values and community amenities and which would foster and maintain the health, safety and general welfare of the community, including and relating to but not limited to the following: Height limitations or any bulk requirements of buildings or structures, lot and yard requirements and distances between buildings; B. Percent coverage of land by buildings and structures; Parking ratios and areas expressed in relation to use of various portions of the property and/or building floor area; Limitations upon the size, design, number, lighting and location of all signs; The location, width and improvement of vehicular and pedestrian access to various portions of the property including portions within abutting streets; F. Construction of fences and walls; Arrangement and spacing of buildings and structures to provide appropriate open spaces around same; H. Location and size of off-street loading areas and docks; Uses of buildings and structures by general classification and specific designation when there are unusual requirements for parking; or when use involves noise, dust, odor, fumes, smoke, vibrations, glare or radiation incompatible with present or potential development of surrounding property or of other property in the development; J. Architectural design of buildings and structures; Schedule of time for construction and establishment of the proposed buildings, structures, or land uses or any stage of development thereof; Requiring of performance bonds to insure development as approved. Planting and maintenance of trees, shrubs, plants and lawns in accordance with a landscape plan. Any additional improvements and dedications reasonably necessary to fulfill public needs for the general health, safety and welfare of the neighborhood and the city. 17.54.070 Required findings. In approving and adopting the rezoning application with the preliminary development plan, the Planning Commission and City Council shall find the following: The proposed planned commercial development zone and preliminary development plan is consistent with the general plan and objectives of this ordinance; The proposed development will constitute a commercial environment of sustained desirability and stability, and it will compliment and harmonize with the character of the surrounding neighborhood and community; The proposed development justifies exceptions from the normal application of this code in that it integrates such elements as the location of structures, circulation pattern, parking, landscaping and utilities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided on the property. 17.54.080 Termination of zone. Ao The applicant shall commence construction no later than three years from the effective date of the zoning change. If, within such period, the construction specified in the approved preliminary development plan has not been commenced, the Planning Director shall notify the Planning Commission of same and the Commission shall consider whether changed circumstances justify a zone change to rescind the P.C.D. zone or if additional time is necessary to be conditioned in order to commence construction of the project. Initiation of a zone change to rescind the P.C.D. zone, or to change any conditions of approval including those extending time periods, shall be subject to the provisions of Sections 17.64.110 through 17.64.140 of this code. With the exception of satellite pads, if a certificate of occupancy has not been issued for a substantial portion of the commercial structures in the first phase of a P.C.D. zone within five years of the effective date of the P.C.D. zone as determined by the Planning Director, he/she shall notify the Planning Commission of same and the Commission shall consider whether changed circumstances justify a zone change to rescind the P.C.D. zone or if additional time is necessary to be conditioned for the project to be completed. Initiation of a zone change to rescind the P.C.D. zone, or to change any conditions of approval including those extending time periods, shall be subject to the provisions of Sections 17.64.110 through 17.64.140 of this code. With the exception of satellite pads, where the first phase is substantially developed and the remaining phases are undeveloped or in various stages of development and five years have lapsed since the effective date of the P.C.D. zone as determined by the Planning Director, he/she shall notify the Planning Commission of same and the Commission shall consider whether changed circumstances justify a zone change to rescind the P.C.D. zone for the area containing the uncompleted phases or if additional time is necessary to be conditioned for the project to be completed. Initiation of a zone change to rescind the P.C.D. zone, or to change any conditions of approval including those extending time periods, shall be subject to the provisions of Sections 17.64.110 through 17.64.140 of this code. 17.54.090 Minimum site area. The minimum area for a P.C.D. zone shall be one acre. 17.54.100 A. Modification of approved preliminary plan. An approved preliminary development plan may be modified by submitting an application for such modification according to the same procedure as is required in the initial review and approval of said plan. 17 17.1~4.110 Bo The flexibility of code requirements ordinarily required in other zones permitted in any initial approval of a P.C.D. zone shall not be considered as a precedent setting, or as a lone compelling reason for approving any modification. Any application for a modification to an approved preliminary plan may be approved only after it has been found that it does not deviate from the intent and purpose of this zone and the required findings in Section 17.54.070 can be made. The Planning Director may ~rant minor changes to an approved preliminary development plan provided any change does not alter the design parameters approved by the Planning Commission and City Council unless they are necessary to comply with the conditions of approval. Changes to the design parameters include but are not limited to, alterations to the architectural design or style intended for the development, the physical placement of buildings or structures, location of access points, parking design, building density or size, or the quantity or quality of landscape material. Maintenance of common areas and non-dedicated improvements and facilities. All common areas, if any, including open or ~reen spaces, community recreation facilities, common walkways, parking areas, private streets, sidewalks, curbs and gutters and any improvements listed in Section 16.32.060 of the subdivision regulations of the City which are not dedicated and accepted may be constructed only upon full and adequate provision for their preservation and future maintenance in a manner acceptable to the City. Where ownerships are to be separate, such provision may be satisfied by a declaration of covenants, conditions and restrictions duly signed and acknowledged by the original owner or owners; articles of incorporation to be filed with the Secretary of State forming a corporation or association, which shall include provision for empowering such entity created to own and maintain all the properties within its jurisdiction and to exercise the powers and duties of such entity to be fully set forth in the declaration; bylaws of the entity which shall set forth rules of membership, required fees and assessments to be used for maintenance purposes, membership rights and duties; and forms of deeds incorporating the declaration by reference to its recording data. All documents must be referred to the city attorney for review and have the approval of the Planning Director as their sufficiency to accomplish their purpose. Do The owners of the properties shall, as a condition of such ownership, be required to participate in the legal entity so formed and be responsible to said legal entity for the cost of performing the necessary mailltenance. SECTION 3. This ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... 000 .......... 19 I HEREBY CERTIFY that the foregoin§ Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on JUL 1 9 ~ , by the following vote: Assistant CITY CLERK and EX OFFICIC~LERK of the Cmmcil of the City of Bakersfield APPROVED JUL 1 9 1995 BOB PRIC~OR of thine City of Bakersfield APPROVED as to form: JUDY SKOUSEN, CITY ATTORNEY of the City of Bakersfield 2O AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SSo County of Kern ) CAROL WILLIAMS, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 20th day of July, 1995 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3656, passed by the Bakersfield City Council at a meeting held on the 19th day of July, 1995, and entitled: AN ORDINANCE AMENDING THE TEST OF CHAPTERS 17.52 AND 17.54 OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE PLANNED UNIT DEVELOPMENT (PUD) ZONE AND THE PLANNED COMMERCIAL DEVELOPMENT (PCD) ZONE, RESPECTIVELY By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield