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HomeMy WebLinkAboutORD NO 2333ORDINANCE NO. 2333 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 17.47 TO TITLE 17 OF THE MUNICIPAL CODE PROVIDING REGULATIONS FOR PLANNED COMMERCIAL DEVELOPMENTS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Chapter 17.47 is hereby added to Title 17 of the Municipal Code of the City of Bakersfield to read as follows: Sections: 17.47.010 17.47.020 17.47.030 17.47.040 17.47.050 17.47.060 17.47.070 17.47.080 17.47.090 17.47.100 17.47.110 17.47.120 17.47.130 Chapter 17.47 PLANNED COMMERCIAL DEVELOPMENT (PCD) Zones Planned Commercial Development Zone--P.C.D. Intent and Purpose Application Form Rezoning Procedure Improvements and Dedications Final Development Plan Final Development Plan Procedure Latitude of Regulations Required Findings Termination of P.C.D. Zone Minimum Site Final Development Plan Modification Maintenance of Coranon Areas and Nondedicated Improvements and Facilities 17.47.010 Planned Commercial Development Zone--P.C.D. ing uses are permitted in P.C.D. Zones: (a) Shopping Centers (b) Commercial Service Centers (c) Commercial and Professional Office Centers (d) Any land use listed in Chapters 17,23 (C-O), 17.25 (C-l), 17.27 (c-2). (e) Uses and structures which are incidental or accessory to any of the uses permitted in P.C.D. Zones. 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 intent and purposes of the planned commercial development. The follow- 17.47.020 Intent and Purpose. It is recognized that an integrated development provides an opportunity for cohesive design when flexible regulations are applied; whereas the application of conventional regu- lation, designed primarily for individual lot development, to a larger- scaled development, may create a monotonous and unharmonious cormner- cial area or neighborhood. The Planned Commercial Development is intended to allow diversification in the relationship of various uses, buildings, structures, lot sizes and open spaces while insuring com- pliance with the General Plan and the intent of the Municipal Code in requiring adequate improvements and standards necessary to satisfy the requirements of the public health, safety and general welfare. Stand- ards shall be observed without unduly inhibiting the advantages of modern site planning techniques and innovative planning of commercial and professional neighborhoods. 17.47.030 Application Form. The application shall consist of the following: (1) A Preliminary Development Plan, drawn to scale, which shall: (a) Indicate the character of the proposed development, including its relationship with the adjacent areas; 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 develop- ment. (b) Show the approximate location of all proposed buildings and structures, indicating maximum and minimum distances between buildings and property or building site lines. (c) Furnish a circulation diagram indicating the proposed movement of vehicles and pedestrians within the zone and to and from adjacent public streets. Any special engineering features and traffic regulation devices needed to facilitate traffic or insure the safety of the circulation pattern shall be shown. (d) Furnish an off-street parking and loading plan: Such plan may be presented in terms of a ratio between the off-street parking and loading spaces and the building floor area, if accompanied by an example plan demonstrating the feasibility of the proposed ratio. (e) Indicate generally proposed landscaping. (f) Indicate proposed recreation areas and other proposed common and/or green areas. (g) Indicate the anticipated grading for the development. (h) A preliminary report indicating provision for storm drainage, sewage disposal and public utilities including fire protec- tion and location of street lights. (i) A statement indicating how and why the proposed develop- ment conforms to the General Plan. (j) If the proposed project is to be developed in several stages, the plans shall indicate the anticipated sequence of develop- ment. (k) The plans shall show the proposed methods by which the applicant will govern the maintenance and continued protection of the development including any common areas. (1) Indicate all proposed signs for the development. (m) Solid waste receptacle location and type proposed. (2) Provide a statement requesting the zone change signed by the owner or owners in fee of the subject land and the owner of any option to purchase the property or any portion thereof, if any. (3) Any additional information, plans, drawings, elevations, photos, diagrams and improvements as may be required by the Planning the time of any public hearing. Rezoning Procedure. An application shall be processed Commission at 17.47.040 as follows: (1) As required by Title 7 of the Government Code and Title 17 of the Municipal Code. (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.C.D. o (3) The Preliminary Development Plan as approved, shall be filed with the Planning Commission and shall, by reference, be incorporated into and thereby become a part of the Zoning Ordinance of the City of Bakersfield. (4) After the effective date of the ordinance change to the P.C.D. Zone, no grading or land clearing shall take place, nor shall any building permit be issued or 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. (5) Where requirements are made by the Council, as a condition to the zone change, after public hearing, the ordinance rezoning the subject property shall not be formally adopted by the Council until the conditions have been satisfied or assurance provided by way of contract secured by a faithful performance bond. 17.47.050 Improvements and Dedications. A. Improvements required in a Planned Commercial Development shall be installed to permanent line and grade and to the satisfac- tion of the City Engineer, in accordance with the requirements made by the City Council, as a condition to the zoning change, and in accordance with standard specifications of the City of Bakersfield on file in the office of the City Engineer. B. Requirements which may be made as a condition to such zoning change shall include the dedication of right-of-way and easements and the construction of reasonable improvements necessary to fulfill public needs reasonably expected to result from the allowable uses and/or development of the property or for the purpose of avoiding circum- stances adverse to the public health, safety, convenience or welfare. C. The following improvements, by the Council, and if so required, cant's expense: or any of them, may be required shall be furnished at the appli- (1) Grading, curbs and gutters, drainage and drainage structures necessary to the proper use and drainage of streets, highways, alleys and ways, and to the public safety. (7) maintenance. (9) (10) (ll) (2) Installation and surfacing of streets, highways, alleys and ways. (3) Sidewalks. (4) Sanitary sewer facilities and connections to the development. (5) Water system with mains of sufficient size and having a sufficient number of outlets to furnish adequate water supply for the development and to provide adequate fire protection to meet needs of the development. (6) Services from public utilities where provided and services from sanitary sewers shall be made available in such manner as will obviate the necessity of disturbing the street pavement, gutter, culvert and curb, when service connections are made. Street trees and landscaping and means for proper Street name signs. Fences, walls, where and as required. Street lighting where and as required. Soils reports and grading as required shall be com- pleted and approved by the Building Director and City Engineer prior to the beginning of construction of any buildings or structures. (12) All utility distribution facilities, including cable television, must be placed underground. Where applicable, such installation shall be in accordance with rules and regulations of the Public Utilities Commission of the State of California. 17.47.060 (1) Final Development Plan. 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 or required for streets, driveways, pedestrian ways, malls, and utilities; (c) Indicate the location, height, number of stories, use and approximate number of business and professional units for each proposed building and furnish a site plan for all signs in the development; (d) (e) (f) Location and design of vehicle parking areas; Furnish a landscaping and tree planting plan; Indicate location and design of all storm drainage and sewage disposal facilities; (g) Provide an engineer's statement of the proposed grading; (h) Elevations of all buildings and structures; (i) A statement indicating procedures and prograrm~ing for the development and maintenance of semi-public or public areas, build- ings and structures; (j) A statement indicating the stages of development pro- posed for the entire development; (k) Any additional drawings or information as may be re- quired by the Planning Commission at the time of Planning Commission review of the Final Development Plan. 17.47.070 Final Development Plan Procedure. The Final Develop- ment Plan shall be submitted to the Planning Commission through the Planning Director. The Planning Director shall make his report there- on to the Planning Commission at a regular or special meeting thereof held no later than thirty days following submission unless extended at request of the developer. The Planning Commission shall thereupon review the Final Development Plan in accordance with this chapter. If the developer is dissatisfied with any action of the Planning Com- mission with respect to the Final Development Plan, he may, within 15 days after such action, appeal to the City Council. The City Council shall hear the appeal, upon notice to the developer and Planning Com- mission, unless the developer consents to a continuance, within 15 days or at its next succeeding regular meeting, upon conclusion of the hearing the City Council shall, within 15 days, declare its find- ings based upon the testimony and documents produced before it. It may sustain, modify or overrule any finding or decision of the Planning Commission and may make such findings sistent with law. 17.47.080 Latitude of Regulations. and decisions as are not incon- The Planning Commission may require or permit in the Final Development Plan, standards, regula- tions, 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 ameni- ties and which would foster and maintain the health, safety and gen- eral welfare of the community, including and relating to but not limited to the following: (a) Height limitations or any bulk requirements of build- ings or structures; lot and yard requirements and distances between buildings; (b) Percent 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) Limitations upon the size, design, number, lighting and location of all signs; (e) The location, width and improvement of vehicular and pedestrian access to various portions of the property including por- tions within abutting streets. (f) Construction of fences, walls. (g) Arrangement and spacing of buildings and structures to provide appropriate open spaces around same. (h) Location and size of off-street loading areas and docks. (i) Uses of buildings and structures by general classifi- cation, and specific designation when there are unusual requirements for parking; or when use involves noise, dust, odor, fumes, smoke, vibrations, glare or radiation incompatible with present or potential development of surrounding property or of other property in the development. (j) Architectural design of buildings and structures. (k) Schedule of time for construction and establishment of the proposed buildings, structures, or land uses or any stage of development thereof. (1) Requiring of performance bonds to insure development as approved, if deemed necessary by the Planning Commission. (m) No building permit shall be issued until plans are approved by the Planning Cormmission. Permit shall only be issued for plans substantially in accordance with the Preliminary Develop- ment Plan. 17.47.090 Required Findings. In approving and adopting the rezon- ing 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) The applicant intends to start construction within two and one-half years from the effective date of the zoning change. (b) The proposed planned commercial development conforms to the General Plan. (c) That the commercial and professional development will be in harmony with the character of the surrounding neighborhood and community. (d) That such development is needed at the proposed loca- tion to provide adequate commercial facilities of the type proposed; that traffic congestion will not likely be created by the proposed development or will be obviated by presently projected improvements and by provisions in the plan for proper entrances and exists and by internal provisions for traffic and parking. (e) The development based upon a harmonious and integrated plan, justifies exceptions from the normal application of this code. 17.47.100 Termination of P.C.D. Zone. (1) If within 18 months of the effective date of the establish- ment of the P.C.D. Zone and the Preliminary Development Plan a Final Development Plan is not submitted to the Planning Commission, the P.C.D. Zone shall become null and void and the land use zone classi- fication or classifications shall revert back to the designation in effect immediately before the P.C.D. Zone. (2) In the event that the applicant submits his Final Develop- ment Plan within the 18 months specified in subsection (1) and such plan is approved by the Planning Commission, the applicant shall commence construction no later than 2~ years from the effective date of the zoning change. If, within such period, the construction speci- fied in said Final Development Plan has not been con~menced, then the P.C.D. Zone shall become null and void and the land use classification or classifications shall revert back to the designation in effect immediately before the P.C.D. Zone. (3) 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. 17.47.110 Minimum Site. The minimum site for a P.C.D. Zone shall be one acre. 17.47.120 Final Development Plan Modification. The Final Develop- ment Plan as approved, 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 zones, permitted in any initial approval of a P.C.D. Zone shall not be considered as a precedent setting, or as a lone compel- ling 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 Section 17.47.090 have been met. 17.47.130 Maintenance of Common Areas and Nondedicated Improve- ments and Facilities. All common areas, if any, including open or green spaces, community recreation facilities, cormmon walkways, parking areas, private streets, sidewalks, malls, curbs and gutters, and any improvements listed in Section 16.24.124 of the Subdivision Regulations 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. Where ownerships are to be separate, such provision may be satisfied by a declaration of covenants, conditions and restric- tions duly signed and acknowledged by the original owner or owners; 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 proper- ties 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 refer- ence to its recording data. All documents must be referred to the City Attorney for review and have the approval of the Planning Com- mission 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 respon- sible to said legal entity for the cost of performing the necessary maintenance. SECTION 2. This ordinance shall become effective thirty (30) days from and after the date of its passage. .......... 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 18th day of April , 1977, by the following vote: Counczl of the Cindy of Bakersfield APPROVED this 18__8t~Z~ril . , ~t e~City ~f Bakersfzeld 1977 APPROVED as to form: CITY ATT0~EY o~ t~ City of Bakersfield Affi avR of Iosting ( rbinaa es STATE OF CALIFORNIA, l County of Kern ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk o£ the City of Bakersfield; and that or~ ...............................-~.]~..~:_~:_...~.~..~. ..............................................................19...~(.~.. he 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 ......... ..~l~..r....i....~.._..~.~.~ .............................................., 19..~...7.._, which ordinance was numbered ....... 2.p.~3 ..........New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 17.47 TO TITLE 17 OF THE MUNICIPAL CODE PROVIDING REGULATIONS FOR PLANNED COMMERCIAL DEVELOPMENTS. / · ~, ~ i t Y, ~ti'e r k Subscribed and sworn to before me this 20th da ' of ApriI 1~77