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