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HomeMy WebLinkAboutORD NO 1970 ORDINANCE NO. 1970 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 16.22 TO TITLE 16 OF THE MUNICIPAL CODE PROVIDING FOR OPTIONAL DESIGN AND IMPROVEMENT STANDARDS IN SUBDIVISIONS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. ~]~at Chapter 16.22 is hereby added to Title 16 of the Municipal Code of the City of Bakersfield to read as follows: Chapter 16.22 OPTIONAL DESIGN AND IMPROVEMENT STANDARDS Sections: 16.22. 010 Subdivider's Intent 16.22. 020 Memorandum of Justification 16.22.030 Improved Design Based on Density Control 16.22. 040 Exceptions in Lot Size 16.22. 050 Approval Under "D" Zone 16.22. 060 Review and Decision 16.22. 070 Maintenance of Non-Dedicated Improvements 16.22.080 Appeal to City Council 16.22.010 Subdivider's Intent. Where a subdivider signifies his intent to enhance the livability, convenience and appearance of his proposed residential subdivision by taking advantage of modern site planning techniques in the arrangement of lots, circu- lation pattern and by providing permanent open space and appropriate means of access to blocks, schools, shopping centers and other uses, which do not literally comply with the requirements of these sub- division regulations but which serve to facilitate the ultimate development of the land in the manner t'hat will be commensurate with contemporary living patterns and technological progress, he may be permitted exceptions provided he complies with the provisions of the following sections of this chapter. 16.22.020 Memorandum of Justification. At a time no later than the time of filing of the tentative map with the Planning Co~ission the subdivider, in order to qualify for the optional design pro- visions of this chapter, shall, by a memorandum in writing, supported and accompained by tentative plans, justify the exercise of such option by a showing that: (a) The plan of development has been devised to make a better use of undeveloped property than that which would result from proceeding on a lot-to-lot basis and thereby produce a more desirable and livable community than would be effected by compliance with all standards and requirements. (b) The reservation of green or open spaces in a manner differing from the conventional front or back yard will result in more efficient and aesthetic use of the property than would be possible if! inflexible rules were applied to individual lots. (c) The buildings, structures and landscaping will be in harmony with other structures and improvements in the area. (d) The control of density in the development will substantially comply with the general plan. 16.22.030 Improved Desisn Based on Density Control. As incentive to creating better overall communities and to producing an environ- ment of stable, desirable character, the standards and requirements set out in Chapters 16.20 and 16.24 may be varied, but only when the gross density of an area is not increased and where said design has the approval of the Planning Commission and where such Commission finds that the four items of justification set forth in Section 16.22. 020 are true. 16.22.040 Exceptions, in Lot Size. The Planning Commission may authorize exceptions in lot size but with no increase in density in t~h'e overall development. Where lot sizes are proposed to be reduced by use of common areas, dedication of open space, or by agreement to give up development rights as a method of maintaining the density required for an area, the credit for such cor~Lon areas, 2. open spaces, or development rights offered shall be based on the density permitted under the zoning district in which the offer is made or on the basis of the lot sizes required as set out in Section 16.20. 170 of the Subdivision Regulations, whichever is more restrictive. 16.22.050 Approval Under "D" Zone. When dwelling units are developed on property which has been subdivided under the provisions of this chapter and which has an overall minimum density of not less than 7200 square feet per dwelling unit in an R-1 Zone, not less than 2500 square feet per dwelling unit in an R-2 Zone, not less than 1250 square feet per dwelling unit in an R-3 Zone, and not less than 600 square feet per dwelling unit in an R-4 Zone, site development and building plans shall also be approved in accordance with the procedures and standards as set forth in Chapter 17.44 of Title 17 of the Municipal Code. ("D" Architec- tural Design Zone. ) 16.22.060 Review and Decision. The Planning Commission shall review the memorandum of justification as it relates to the pro- posed subdivision, and the architectural standards under Chapter 17.44 of the Zoning Regulations at the same time it reviews the tentative map and the reco~m-~endations of departments. Its decision and findings shall be transmitted to the subdivider no later than the time when the tentative map is returned to the subdivider under Section 16.12. 030. 16.22.070 Maintenance of Non-Dedicated Improvements. Where a residential subdivision has been approved by the Planning Commission under the provisions of this chapter, full and adequate provision acceptable to the City shall be made for the preservation and main- tenance of all commonly-owned land, improvements and facilities which are not dedicated to public use. Such provision may be me satisfied by a Declaration of Covenants, Conditions and Restrictions duly signed and acknowledged by the owner; articles of incorporation forming a Homeowner's Association or some other legal entity, which shall include provisions empowering the entity created to own and maintain all 'the properties within its jurisdiction and to exercise the powers and duties of the entity to be set forth in the Declaration; and by-laws setting forth rules of membership, fees and assessments; and forms of deeds incorporating the Declaration by reference to its recording data. Ail documents must be referred to the City Attorney for review and have the approval of the Planning Commission as to their sufficiency to accomplish their purpose. The owners of the individual lots shall, as a condition of ownership of said lots, be required to participate in the legal entity so formed and be responsible to said legally formed entity for the cost of performing the necessary maintenance. Any failure to so maintain shall be, and the same is hereby declared to be unlawful and a public nuisance endangering the health, safety, and general welfare of the public. 16.22.080 Appeal to City Council. If the subdivider is dis- satisfied with any action of the Planning Commission with respect to the tentative map, the memorandum of justification for optional design or the requirements for architectural standards, he may, within fifteen (15) days after such action, appeal to the City Council. The City Council shall hear the appeal, upon notice to the subdivider and the Planning Commission, unless the subdivider consents to a continuance, within fifteen (15) days or at its next succeeding regular meeting. Upon conclusion of the hearings the City Council shall within seven (7) days declare its findings based upon the testimony and documents produced before it. It may sustain, modify, reject or overrule any recommendations, findings e or rulings of the Planning Commission and may make such findings as are not inconsistent with law. SECTION 2. This ordinance shall become effective thirty (30) days from and after the date of its passage. o0o 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 the 1st day of November, 1971, by the following vote: CITY 'CLERK and Ex-Offici~ Clerk of the Council of the City of Bakersfield APPROVED th~ --._ . d~y~..0f November,1971 APPROVED AS TO FORM: CITY ATTORNE~ Affi av ! of ostmg (Or mau es STATE OF CALIFORNIA, ~ ss. County of Kern } MARIAN S. IR¥IN, 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......~...h..e......2.D3~_.d..~_..o_~_..N..o...v...e..m...b...e..r..~. ................... 19....7..1.. she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on......~..h...e..._l..s...~.....d..~Y......o.~_..N..o...v..e...m...b..e...r.., 19..7...1..., which ordinance was numbered .............1.~..7..0.. .................. New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 16.22 TO TITLE 16 OF THE MUNICIPAL CODE PROVIDING FOR OP- TIONAL DESIGN AND IMPROVEMENT STANDARDS IN SUBDIVISIONS. CITY CEERK ' Subscribed and sworn to before me this .~..,..~ ..... ~y o~......~...~..b, mr.., .............. ~...Z~. ~JJ [~) NOTARY PUBUC- CALJFORN,~ ,JJ ~.~;~' PRINCIPAL OFFICE IN ~J ~ K[~RN COUNTY ~J MY COMMISSION EXPIRES JUNE 9, 1974