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