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HomeMy WebLinkAboutORD NO 3518ORDINANCE NO. ~,, ~.l $ AN ORDINANCE AMENDING SUBSECTION H OF SECTION 17.10.020 AND REPEALING SECTION 17.10.025 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO MODEL HOMES AND ASSOCIATED TRACT SALES OFFICES IN THE R-1 ZONE DISTRICT. 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 an amendment to Section 17.10.020 and the repeal of Section 17.10.025 relating to model home construction and associated tract sales offices in the R-1 zone district; and WHEREAS, by Resolution No. 9-93 on March 4, 1993, the Planning Commission recommended approval and adoption of said ordinance amendment and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and WHEREAS, the law and regulations relating to CEQA and City of Bakersfield's CEQA Implementation Procedures have been duly followed by city staff, the Planning Commission and this Council; and WHEREAS, the City Council has determined after due consideration of the recommendation of the Planning Commission herein on file that the proposed ordinance amendment should be authorized. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. 1. All of the foregoing recitals are hereby found to be true and correct. 2. The findings contained in Planning Commission Resolution No. 9-93 are hereby adopted as the Council's own. SECTION 2. Subsection H. of Section 17.10.020 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.10.020 Uses permitted. H. Real estate tract sales office and model homes. ORIGINAL 1. Each subdivision tract is permitted a maximum of six (6) model homes, one of which may include a sales tract office, for each home builder in the tract. Additional model homes may be permitted subject to approval by the Planning Director. 2. Model homes may be constructed prior to recordation of a final map for the tract; however, no such home shall be offered for sale or rent, or be sold or rented until the final map has been recorded pursuant to Title 16 of this code. 3. Sales offices shall only be used during the original sales of the lots and/or homes within the subdivision tract in which they are located. 4. A sales office shall be located in a model home; however, a separate temporary office which may include a commercial coach or mobile home, is permitted for a period not to exceed 90 days pending completion of construction of the model home. Any sales office located in the garage portion of a model home shall be removed and converted to a garage prior to the Building Department releasing covenants restricting the model home's sale and issuing a certificate of occupancy. 5. The vehicle route leading to and in front of any sales office, shall be paved from an existing improved public street prior to the public being invited to that office regarding sales or rent of lots and/or homes in the tract. SECTION 3. Section 17.10.025 of the Bakersfield Municipal Code is hereby repealed. SECTION 4. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. .......... O0O ......... -2- ORIQiNAL I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on APR ~ $ ~ , by the following vote: AYES: C~JNCILMEM~ERS: EDWARDS, DEMON9. SMITH, BRUNNI, KANE, McDERMOTT SALYAGGIO NOES: COUNCILMEMBERS __ ABSENT COUNC~LMEMISERS: ABSTAIN COUNCILMEMBERS' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APR 2 8 1993 BOB P MAYOR of the City of Bakersfield APPROVED as to form: ~-x LAWRENCE M INI CITY ATI?ORNEY of the City of Bakersfield JE:pjt April 1, 1993 res\orl.cc -3- EXHIBIT "A" Prooosed Ordinance Section 1. Subsection H. of Section 17.10.020 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.10.020 Uses permitted. H. Real estate tract sales office and model homes. 1. Each subdivision tract is permitted a maximum of six (6) model homes, one of which may include a sales tract office, for each home builder in the tract. Additional model homes may be permitted subject to approval by the Planning Director. 2. Model homes may be constructed prior to recordation of a final map for the tract; however, no such home shall be offered for sale or rent, or be sold or rented until the final map has been recorded pursuant to Title 16 of this code. 3. Sales offices shall only be used during the original sales of the lots and/or homes within the subdivision tract in which they are located. 4. A sales office shall be located in a model home; however, a separate temporaW office which may include a commercial coach or mobile home, is permitted for a period not to exceed 90 days pending completion of construction of the model home. Any sales office located in the garage portion of a model home shall be removed and converted to a garage prior to the Building Department releasing covenants restricting the model horne's sale and issuing a certificate of occupancy. 5. The vehicle route leading to and in front of any sales office, shall be paved from an existing improved public street prior to the public being invited to that office regarding sales or rent of lots and/or homes in the tract. Section 2. Section 17.10.025 of the Bakersfield Municipal Code is hereby rescinded. p:rl.ea 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 3rd day of May, 1993 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3518, passed by the Bakersfield City Council at a meeting held on the 28th day of April, 1993, and entitled: By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield