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HomeMy WebLinkAboutORD NO 4305 - ow ORDINANCE NO. .305 AN ORDINANCE AMENDING SECTIONS 17.54.010, 17.54.020, 17.54.030 AND 17.54.060 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PCD PLANNED COMMERCIAL DEVELOPMENT ZONE BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 17.54.010 is hereby amended to read as follows: 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 zone is intended to allow for innovative design and diversification in the relationship of various uses, buildings, structures, lot sizes and open spaces while ensuring 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 project design being proposed is preserved. Standards shall be observed without unduly inhibiting the advantages of modem site planning techniques and innovative planning of commercial and professional office neighborhoods. Land may be classified as being solely within a PCD zone (exclusive zone), or the PCD zone may be used as a combining zone in a C-O, C-1, C-2, or CC zone to assign a base zone defining allowable uses and ensure future site development will be compatible with surrounding development and/or to recognize unique site characteristics. SECTION 2. Section 17.54.020(B) is hereby amended to read as follows: 17.54.020 Uses permitted. B. Uses for land classified as being within a PCD zone or a PCD combining zone are as follows: " ~AK.e.o () '"" '- -0 ~ iñ .- r- 0.,,_ '0 , . _'~"""''' ~! --.---- .~----...----_.".. SECTION 3. Section 17.54.030(B), (C) and (D) are hereby amended to read as follows: 17.54.030 Application B. When the PCD zone is used as a combining zone, the zone change application is not required to include development plans. Development plans as indicated in subsections A1 through A4 and A6 shall be required prior to approval of a subdivision map pursuant to Section 16.28.170 o or prior to issuance of a building permit as appropriate, and shall be considered at an advertised public hearing before the planning commission. A complete application and fee shall be required. The application and fee shall be the same as that for a site plan review hearing. The hearing shall constitute the review and approval of the preliminary development plans. Modifications to approved plans will be subject to the provisions set forth in Section 17.54.100. C. When the PCD zone is used as a combining zone, approval of development plans by the planning commission is final. If appealed, development plans shall be presented to the city council for final action at a noticed public hearing in accordance with Section 17.64.050 B. SECTION 4. Section 17.54.060 is hereby amended to read as follows: 17.54.060 Latitude of regulations. In the approval of PCD plans, the planning commission or city council may approve or 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 provide or protect community amenities which would foster and maintain the health, safety and general welfare of the community, including and relating to but not limited to the following: SECTION 5. This Ordinance shall be posted in accordance with the provIsions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. -----00000----- <c.~,A¡¡f? () '(f1 >.. ~ f- fT1 - c- o Ç) O')!r:!~,4J ------~_...,._.._.._-_._~, 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 JAN-J 1 zoog ,by the following vote: ..,/ v ~ v v ¿/ / COUNCILMEMBER MAGGARD, CARSON, BENHAM, COUCH, HANSON, SULLlVAN.SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CA~0 N ES: ABSTAIN: ABSENT: CITY CLERK and EX OFFICIO Council of the City of Bakersfie APPROVED: JAM I r ~ By. HAR EY L. HALL, Mayor CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ~1n. ~ . VIRGINIA GENNAR City Attorney VG:do S:ICOUNCILIOrdsI05-06 Ordsl17.54.010, 020,030,060 PCD Zone AmndRdln.FNLdoc.doc .' ,<>I\.K,f:') c' 7<1' ;-' ~ t:=- ~ o 0 r;'"' G'NA! AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) PAMELA A McCARTHY, 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 1ih day of January, 2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4305 passed by the Bakersfield City Council at a meeting held on the 11th day of January 2006 and entitled: AN ORDINANCE AMENDING SECTIONS 17.54.010, 17.54.020, 17.54.030 AND 17.54.060 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PCD PLANNED COMMERCIAL DEVELOPMENT ZONE PAMELA A McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By: ~ i~- DEPUTY ity Clerk S:\DOGUMENTlFORMSIAOP. ORD. wpd '< 'òÞ-K"-9 () ~ ;,.. - .... m - ,- '..J c,:; ORIGINAl