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HomeMy WebLinkAboutORD NO 1986 ORDINANCE NO. 1986 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 17.51 TO THE MUNICIPAL CODE ESTABLISHING A PLANNED UNIT DEVELOPMENT ZONE AND PROVIDING REGULATIONS THEREFOR. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Chapter 17.51 is hereby added to Title 17 of the Municipal Code of the City of Bakersfield to read as follows: Chapter 17.51 PLANNED RESIDENTIAL DEVELOPMENT (P.U.D.) ZONES Sections: 17.51.010 Planned Unit Development Zone - P.U.D. 17.51.020 Application Form. 17.51.030 Rezoning Procedure. 17.51.040 Final Development Plan. 17.51.050 Final Development Plan Procedure. 17.51.060 Latitude of Regulations. 17.51.070 Requiring Findings. 17.51.080 Termination of the P.U.D. Zone. 17.51.090 Minimum Site. 17.51.100 Residential Density. 17.51.110 Final Development Plan Modification. 17.51.120 Maintenance of Common Areas and Non-dedicated Improvements and Facilities. 17.51.010 Planned Unit Development Zone - P.U.D. The following uses are permitted in P.U.D. Zones: (a) One-family dwellings. (b) Mu]_tiple-family dwellings and apartment houses. (c) Condominiums. (d) Cluster developments. (e) Public parks and play grounds. (f) Commercial uses, when the Planning Co~Lission finds that such uses are incidental to, and compatible with, the nature and type of development proposed. (g) Temporary real estate sales offices for the limited purpose of conducting sales only of lots in the subdivision tract as follows: (1) Temporary real estate sales offices may be permitted in advance of the filing of a final map after street plans have been submitted to the City for approval; and (2) Temporary real estate sales offices may be maintained for a period of eighteen (18) months or until all the lots in the subdivision have been sold, whichever is earlier. (h) Uses and structures which are incidental or accessory to any of the uses permitted in P.U.D. zones. (i) Churches. (j) Schools. The permitted uses may be permitted in combinations in this zone provided such use or uses are in harmony with each other and serve to fulfill the function of the planned unit development. It is recognized that an integrated development provides an opportunity for cohesive design when flexible regulations are applied; whereas the application of conventional regulation designed primarily for individual lot development to a planned unit development may create a monotonous and stultified neighborhood. This Planned Unit Develop- ment Zone is intended to allow diversification in the relationship of various uses, buildings, structures, lot sizes and open spaces while insuring substantial compliance with the General Plan and the intent of the Bakersfield Municipal Code in requiring adequate standards necessary to satisfy the requirements of the public health, safety and general welfare. These standards shall be observed without unduly inhibiting the advantages of mOdern site planning techniques and innovative planning of residential neighborhoods. 17.51.020 Application Form. The application shall consist of the following: (1) A Preliminary Development Plan, drawn to scale, which shall: (a) Indicate the proposed use or uses of all lands within the subject area and the architectural design of all typical buildings and structures proposed in the development; (b) Indicate existing natural land features of the subject area and surrounding area by aerial photos and contour or government survey maps; (c) Indicate a circulation plan for all vehicular and pedestrian ways; (d) Indicate landscaping, parking areas, recreation areas, and other proposed common and green areas; (e) Indicate the anticipated grading for the development; (f) Indicate the location and type of all existing structures. (2) Provide a statement of reasons for including any commercial uses in the development. (3) Provide a statement concerning any proposal to locate public, quasi-public, recreational and educational areas within the development, including anticipated financing, development and maintenance. (4) Furnish a residential density analysis of the subject area, and the estimated population resulting therefrom. (5) Provide a statement indicating how and why the proposed development conforms to the General Plan. (6) Provide a statement requesting the zoning change signed by the owner in fee of the subject land and the owner of any option to purchase the property or any portion thereof, if any. (7) Any additional information as may be required by the Planning Commission at the time of any public hearing. 17.51.030 Rezonin8 Procedure. An application shall be processed as follows: (1) As required by Title 7 of the Government Code of the State of California. (2) If the application is finally approved by the City Council the Zoning Map of the area shall be changed by identifying the area with the map symbol P.U.D. (3) The Preliminary Development Plan, as approved, shall be filed with the Planning Department and shall, by reference, be incorporated into and thereby become a part of the Zoning Ordinance. (4) After the effective date of the ordinance change to the P.U.D. Zone, no grading or land clearing shall take place, nor shall any building or structure be erected, moved or altered on the subject property except when in compliance with the Final Development Plan as approved by the Planning Commission. 17.51.040 Final Development Plan. (1) The Final Development Plan drawn to scale, shall: (a) Indicate the metes and bounds of the boundary of the subject property together with dimensions of lands to be divided; (b) Indicate the location, grades, widths and types of improvements proposed for all streets, driveways, pedestrian ways and utilities; (c) Indicate the location, height~ number of stories, use and number of dwelling units for each proposed building or structure; o (d) Location and design of vehicle parking areas; (e) Location and design of proposed landscaping, except for proposed single family residential development; (f) Indicate location and design of all storm drainage and sewage disposal familities; (g) Provide an engineer's statement of the proposed grading; (h) Indicate the location and extent to all proposed land uses. (2) In addition, the Final Development Plan shall be accompanied by: (a) Elevations of all buildings and structures other than single family residences; (b) A statement indicating procedures and programming for the development and maintenance of semi-public or public areas, buildings and structures; (c) A statement indicating the stages of development proposed for the entire development; (d) Any additional drawings or information as may be required by t'he Planning Commission at the time of the Planning Commission Review. 17.51.050 Final Development Plan Procedure. The Final Develop- ment Plan shall be submitted to the Planning Commission through t'he Planning Director. The Planning Director shall make 'his report thereon to the Planning Commission at a regular or special meeting thereof held no later than thirty days following submission. The Planning Commission Shall thereupon review the Final Development Plan in accordance with this Chapter. If the subdivider is dis- satisfied wit'h any action of the Planning Commission with respect to the Final Development Plan, he may, within fifteen (15) days after such action, appeal to the City Council. Thm City Council shall hear the appeal, upon notice to the subdivider and the Plan- ning Commission, unless the subdivider 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 or overrule any findings or decision of the Planning Commission and may make such findings and decisions as are not inconsistent with law. 17.51.060 Latitude of Regulations. The Planning Coum~ission may 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 community amenities in the subject community, and which would foster and maintain the health, safety and general welfare of the co~m~unity, including and relating to but not limited to the following: (a) height limitations on buildings and structures; (b) per cent coverage of land by buildings and structures; (c) parking ratios and areas expressed in relation to use of various portions of the property and/or building floor area; (d) the location, width and improvement of vehicular and pedestrian access to various portions of the property including portions within abutting streets; (e) planting and maintenance of trees, shrubs, plants and lawns in accordance with a landscaping plan; (f) construction of fences, walls and flood-lighting of an approved design; (g) limitations upon the size design, number, lighting and location of signs and advertising structures; (h) arrangement and spacing of buildings and structures to provide appropriate open spaces around same; (i) location and size of off-street loading areas and docks; (j) uses of buildings and structures by general classifi- cation, and specific designation when there are unusual require- ments for parking, or when use involves noise, dust, odor, fumes, smoke, vibrations, glare or radiation incompatible with present or potential development of surrounding property; (k) architectural design of buildings and structures; (1) schedule of time for construction and establishment of the proposed buildings, structures, or land uses or any stage of development thereof; (m) requiring of performance bonds to insure development as approved, if deemed necessary by the Planning Commission. 17.51.070 Required Findings. In approving and adopting the re- zoning application with the Preliminary Development Plan, the Planning Commission and the City Council shall find, and subsequently, in approving the Final Development Plan, the Planning Commission shall find, the following: (a) that the applicant intends to start construction within two and one-half (2~) years from effective date of the zoning change; (b) that the proposed planned unit development substantially conforms to the General Plan; (c) that, in the case of residential development, that such development will constitute a residential environment of sustained desirability and stability, and that it will be in harmony with the ~ara~ter o~ th~ J~r~nding neighborhood a~d ~on~nunity~ (d) that the development of a harmonious, integrated plan justifies exceptions from the normal application of this Code. 17.51.080 Termination of the P.U.D. Zone. (a) If within 18 months of the effective date of the establishment of the P.U.D. Zone and the Preliminary Development Plan a Final Development Plan is not submitted to the Planning Co~L~ission, the P.U.D. Zone shall become null and void and the land use zone classification shall revert back to the designation in effect immediately before the P.U.D. Zone. (b) In the event that the applicant submits his Final Develop- ment Plan within the 18 months specified in subsection (a) and such Plan is approved by the Planning Commission, the applicant shall commence construction no later than two and one-half (2~) years from the effective date of the zoning change. If, within such period, the construction specified in said Final Development Plan has not been commenced, then the P.U.D. Zone shall become null and void and the land use classification shall revert back to the designation in effect immediately before the P.U.D. Zone. (c) Extensions of time to commence construction, not to exceed more than two for one year each, may be granted by the Planning Commission with the approval of the City Council. 17.51.090 Minimum Site. The minimum area for a P.U.D. Zone shall be one (1) acre for residential uses. 17.51.100 Residential Density. 1. It is not intended to encourage or permit a property owner to increase the development potential of his property merely by increasing the density of his project, contrary to the regulations imposed by the density or intensity of use restrictions of the zoning district applicable to said property prior to the rezoning hereunder. 2. The density standards of the zoning district applicable to the property prior to rezoning hereunder shall apply to residential uses. The total number of dwelling units permitted on the residential portion of the development, or a segment thereof, shall be deter- mined by dividing the total area of the site proposed to be rezoned by the number of square feet per dwelling unit required in the zoning district applicable prior to rezoning, subject to the following conditions: a. The following shall not be included in the site area for computing the number of dwelling units permitted: public streets, park or recreation areas or other publicly owned facilities. b. If the Planning Commission determines that the follow- ing site features materially contribute to the improvement of the over-all project as a Planned Unit Development, the area of such site features may be included for determining the allowable residen- tial density of a development: privately owned and developed open space, recreation or park area, park strips, private driveways, and parking areas. c. In no case, however, shall the density of a development be increased 'beyond the ratio permitted in the zoning district applicable to the property prior to rezoning under this Chapter. 17.51.110 Final Development Plan Modification. The Final Development Plan may be modified by submitting an application for such modification according to the same procedure as is required in the initial review and approval of the Final Development Plan. The flexibility of code requirements, ordinarily required in other districts, permitted in any initial approval of a P.U.D. Zone shall not be considered as precedent setting, or as a lone compelling reason for approving any modification. Any application for a modification may be approved only after it has 'been found that it does not deviate from the intent and purpose of this Zone, and that provisions of Sections 17.51.070 and 17.51.100 have been met. 17.51.120 Maintenance of Common Areas and Nondedicated Improve- ments and Facilities. All common areas, including open or green spaces, community recreation facilities, common walkways, parking areas, private streets, sidewalks, curbs and gutters and all improvements listed in Section 16.24.010 of the Subdivision Regula- tions of the City of Bakersfield 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 City. Such provision may be satisfied by a Declaration 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 provision for empowering such entity created to own and maintain all the properties within its jurisdiction and to exercise the powers and duties of such entity to be fully set forth in the Declaration; by-laws of the entity which shall set forth rules of membership, required fees and assessments to be used for maintenance purposes, membership rights and duties; 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 properties shall, as a condition of such ownership, 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. o0o 10. 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 24th day of January,~ 1972, by the following vote: AYES: COUNCILMEN BLEECKER, HEISEY, MEDDERS, REES, RUCKER, THOMAS, WHITTEMORE ABSENT COUNCILMEN: ~ ,/~, ~ ABSTAINING COUN~I['/~E-I~i "~ f)-~t~__ CITY CLERK ~nd F.x-Of~icio Clerk of the Council of the City of Bakersfield APPR. OVED t.h,is'- 2._j~_~'y of January, 1972 MAYO~' th~ ~City of Bakersfield APPROVED: Affidavit of j ost ng STATE OF CALIFORNIA,[ ss. County of Kern J 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 .................... ~..a...n..u...a_r.y.._2...5. ......................................... 19...7..2... 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 ............ .J...a..n...u...a..r..y.....2..~ ............................. 19....7..2.., which ordinance was numbered ........... ..1..9...8...6. ................... New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 17.51 TO THE MUNICIPAL CODE ESTABLISHING A PLANNED UNIT DEYELOPMENT ZONE AND PRO¥IDING REGULATIONS THEREFOR, - City Clerk' Subscribed and sworn to before me this .... ]1 ~ ~.N mUN~V JJ ]J MY COMMI~ION ~PIRES JUNE 9, t91i Jj