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.
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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
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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.
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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