HomeMy WebLinkAboutORD NO 1972 ORDINANCE NO. 1972 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING CHAPTER 17.50 OF TITLE
17 OF THE MUNICIPAL CODE PROVIDING FOR A
MOBILEHOME ZONE AND REGULATIONS FOR MOBILE-
HOME PARKS AND MOBILEHOME SUBDIVISIONS.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
That Chapter 17.50 of Title 17 of the Municipal Code of the
City of Bakersfield is hereby amended to read as follows:
Chapter 17.50
MH ZONE
Sections:
17.50.010 MH Mobilehome Zone
17.50.020 Uses Permitted
17.50.030 Uses Permitted Subject to Conditional Use Permit
17.50.040 Approval of Plan for Mobilehome Park
17.50.050 Appeal From Action of Planning Commission on
Mobilehome Park Proposal
17.50.060 Mobilehome Subdivision - Intent
17.50.070 Mobilehome Subdivision - Requirements in MH Zone
17.50.080 Mobilehome Subdivision - Development Standards
17.50.090 Mobilehome Subdivision - Application of State Law
17.50.100 Mobilehome Subdivision - Maintenance of Common Areas
and Nondedicated Improvements
17.50.110 Land Previously Classified
17.50.010 MH Mobilehome Zone. The following regulations shall
apply in the MH Mobilehome Zone unless otherwise provided.
17.50.020 Uses Permitted. The following uses are permitted in
an '~H" Zone:
A. A Mobilehome Park.
B. A Mobilehome Subdivision filed under the provisions of
Chapter 16.22 of the Subdivision Regulations (Optional Design and
Improvement Standards).
C. Mobilehome accessory buildings or structures for which a
building permit is required. In no event shall any accessory
building or structure be placed or permitted to remain on any lot
in the MH Zone unless a mobilehome is first placed on said lot.
The use of any such accessory building or structure in the MH Zone
for housekeeping purposes is prohibited.
D. Conm~unity recreation facilities for the use of renters
of lots within a mobilehome park or for use of individual lot
owners within a mobilehome subdivision.
E. Temporary real estate office to be used only for and during
the original sale of lots within a subdivision, but not to exceed
a period of one (1) year. Such period of time may be extended for
one (1) additional year for good cause, upon approval of the Plan-
ning Commission.
F. One-story office building to be used for the business of
a mobilehome park by the owner or operator of said park or to be
used for the business of the legal entity required to be formed
for maintenance of common areas of a subdivision.
17.50.030 Uses Permitted Subject to Conditional Use Permit.
The following uses may be permitted subject to a conditional use
permit in accordance with the procedures provided for in Chapters
17.60 and 17.64 of this title.
1. Limited multiple family dwelling and accessory buildings
or structures necessary to such use, with minimum lot area in
accordance with the regulations of the R-2 Zone.
17.50.040 Approval of Plan for Mobilehome Park. Plans and
elevations showing the exterior architectural design and appearance
of all buildings and structures~and plot plans showing location
and dimension of accessways, structures, landscaping, parking areas,
and other improvements, of the individual mobilehome park to be
established shall be subject to the approval of the Planning
Commission in order that the proposed mobilehome park will be in
harmony with other structures and improvements in the area and will
comply with all standards and requirements as set forth in Chapter
15.04 of Title 15 of the Municipal Code. (Mobilehome Parks). In
the event the Planning Commission determines that the mobilehome
park as proposed to be developed does not meet the intent of the
regulations set forth in said Chapter 15.04 and all laws and regu-
lations adopted pursuant thereto, said Planning Commission shall
deny the permit for the mobilehome park.
17.50.050 Appeal From Action of Planning Commission on Mobile-
home Park Proposal. In case the applicant is not satisfied with the
action of the Planning Co~m~ission he may, within fifteen (15) days
after such action, appeal in writing to the City Council. Said
Council shall hear the appeal, upon notice to the applicant and the
Planning Commission, unless the applicant consents to a continuance,
within fifteen (15) days or at its next succeeding regular meeting.
Upon conclusion of the hearing 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 or rulings of the Planning Commission and
may make such findings and decision as are not inconsistent with law.
17.50.060 Mobilehome Subdivision - Intent. It is the intent of
this Chapter to also provide regulations for the placement of mobile-
homes on lots within a subdivision filed under the provisions of
Chapter 16.22 of Title 16 of the Municipal Code (Optional Design and
Improvement Standards), and not otherwise, which subdivision is
designed and designated for the sale, not rental, of lots to accommo-
date mobilehomes as the dwelling unit. The subdivider shall comply
with all the provisions of said Chapter 16.22 unless otherwise herein
provided.
17.50.070 Mobilehome Subdivision - Requirements in MH Zone.
The subdivision shall be subject to the Standards and Design ~
Requirements set forth in Chapter 16.20 of the Municipal Code and
the Improvements and General Requirements set forth in Chapter
16.24 of the Municipal Code and the Development Standards set forth
in Section 17.50.080 of this Chapter; provided, however, that all
such requirements and standards may be varied and reasonable
exceptions thereto may be granted by the Planning Commission where
such Commission finds that the four items of justification set forth
in Section 16.22.020 of Chapter 16.22 of the Municipal Code are
true.
17.50.080 Mobilehome Subdivision - Development Standards. Not-
withstanding anything to the contrary stated in the subdivision or
zoning regulations of the City, the following shall be the minimum
standards of development within the MH Zone for mobilehome sub-
divisions:
A. Height. No building, structure, or vehicle, except a
recreation building, erected on or moved onto a lot shall have a
height greater than one (1) story or which exceeds fifteen (15)
feet.
B. Front Yard. There shall be a front-yard depth of not less
than fifteen (15) feet. No recreation vehicles shall be stored
in said front: yard.
C. Rear Yard. There shall be a rear-yard depth of not less
than five (5) feet.
D. Side Yards. There shall be a side yard of at least five
(5) feet on both sides.
E. Lot size. Every lot shall be of a size and shape which
will provide reasonable area for private use and development and
for convenient placement of one mobilehome and appropriate accessory
buildings or structures. The total number of lots provided in any
mobilehome subdivision shall conform to the maximum density of
seven (7) lots per acre.
4.
F. Roofed Area. The total roofed area including mobilehome
and accessory buildings or structures shall not exceed sixty (60%)
per cent of the net area of the lot.
G. Open Space. There shall be an overall total of at least
five hundred (500) square feet per lot devoted to open space which
may be on the individual lot or common areas within the development.
H. Concrete Slab. A concrete patio slab floor at least four
(4) inches thick and at least four hundred (400) square feet shall
be constructed adjacent to each mobilehome location, which shall
not be designed or used for parking.
I. Wall. A six-foot masonry wall, or approved equivalent
fencing, shall be constructed on the side and rear perimeter
boundaries of! the development, where required to protect the exist-
ing or future use of the adjacent property.
J. Access. The subdivision shall have at least two (2)
means of ingress or egress leading to a public street.
K. Off-street Parking. The development shall contain two
(2) off-street automobile parking spaces consisting of approved
concrete slabs for each mobilehome lot. In addition to such parking
spaces for lot owners, there shall be established and maintained
within the subdivision an off-street automobile parking area or
areas for use of guests. The number of the spaces shall be equal
to one space for every eight mobilehome lots or fraction thereof,
each space to be no less than eight and one-half (8½) by twenty (20)
feet, plus the additional area as is necessary to afford adequate
ingress and egress therefrom.
17.50.090 Mobilehome Subdivision - Application of State Law.
The provisions, of Part 2 of Division 13 of the Health and Safety
Code (commencing with Section 18000) and the rules and regulations
promulgated thereunder shall apply to mobilehome subdivisions in
the MH Zone.
5.
17.50.100 Mobilehome Subdivision - Maintenance of Common Areas
and Nondedicated Improvements. All common areas, including open or
green spaces, community recreation facilities, washrooms, common
walkways, parking areas, private streets, sidewalks, curbs and
gutters and all improvements listed in Section 16.24.010 of the
Subdivision Regulations which are not dedicated and accepted, may
be constructed only upon full and adequate provision for their
preservation and future maintenance in a manner acceptable to the
Planning Commission. Such provision may be satisfied by a Declara-
tion of Covenants, Conditions and Restrictions duly signed and
acknowledged by the owner; Articles of Incorporation to be filed
with the Secretary of State, forming a corporation or association,
which shall include clauses 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 fully set forth
in the Declaration; By-laws of the entity which shall set forth
rules of membership, fees and assessments, membership rights and
principles; and forms of deeds incorporating the Declaration by
reference to its recording data. All 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 owner-
ship of said lots, be required to participate in the legal entity
so formed and be responsible to said legal entity for the cost of
performing the necessary maintenance.
17.50.110 Land Previously Classified. Land heretofore classified
in a zone and also classified in an '~H" Mobilehome Park Zone may
be developed in accordance with the law in effect at the time of
such classification.
o0o
6.
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:
ABSENT COUNCILMEN:
ABSTAININC- COUNCILMEN:
CTTY CLEI:L_K and Ex-Officio Clerk ~f the
/ Council of the City of Bakersfield
/
APPROVED~! ~-i lS.t/dmw~o f November, 1971
/..."
~YO~6~ ~h~ Cfty of Bakersfield
APPROVED AS TO FORM:
' CITY ATTORiN-EY ~ ~
Affi av ! of ost ug r uau es
STATE OF CALIFORNIA, ~ ss.
County of Kern ~ "
MARIAN S. IRVIN, 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..?.....2.~Ld.....d..~.....o..~....N...o.Y...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.~.....d..~..Y.....o...f.....N...o...v..e...m...b.?...r.., 19....7...1., which ordinance
was numbered ............ .1...9..7...2. ................... New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFI, ELD AMENDING CHAPTER 17.50 OF TITLE
17 OF THE MUNICIPAL CODE PROVIDING FOR A
MOBILEHOME ZONE AND REGULATIONS FOR MOBILE-
HOME PARKS AND MOBILEHOME SUBDIVISIONS.
' CITY CLERK
Subscribed and sworn to before me this
...~.n..~....,~,, ,,~ .............. (~.~.~.~.e...r..,. ........
............... i..: .........
o a y Public iff aml for the County of Kern, State of California
~ K[RN COUNTY Ii,
MY COMMISSION EXPIRES JUNE 9