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;
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(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.
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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