HomeMy WebLinkAboutORD NO 4009ORDINANCE NO. ~: 0 0 9
AN ORDINANCE AMENDING SECTIONS OF CHAPTERS t7.52
AND 17.54 OF TITLE 17 OF THE BAKERSFIELD MUNICIPAL
CODE RELATED TO UTILIZATION OF THE PLANNED UNIT
DEVELOPMENT (P.U.D.) ZONE AND PLANNED COMMERCIAL
DEVELOPMENT (P.C.D.) ZONE AS COMBINING ZONES.
WHEREAS, the City of Bakersfield initiated amending the text of Title 17 (Zoning
Ordinance) of the Bakersfield Municipal Code regarding utilization of the Planned Unit
Development (P.U.D.) Zone and Planned Commercial Development (P.C.D.) Zone as
combining zones; and
WHEREAS, the Planning Commission, through its Secretary, did set,
THURSDAY, FEBRUARY 1, 2001, at the hour of 5:30 p.m. in the Council Chambers of City
Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing
before said Planning Commission on said application, and notice of the public hearing was
given in the manner provided in Title Seventeen of the Bakersfield Municipal Code; and
WHEREAS, the Planning Commission adopted Resolution No. 15-01
recommending approval of the proposed ordinance amendments and forwarded its
recommendation to the City Council; and
WHEREAS, the City Council through its City Clerk set Wednesday, February 28,
2001 at the hour of 7:00 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue,
Bakersfield, California, as the time and place to consider said ordinance; and
WHEREAS, the ordinance was found to be exempt from the provisions of CEQA
in accordance with the general rule, Section 15061 and the law and regulations as set forth in
CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by
city staff and this Council; and
WHEREAS, the City Council, at said public meeting, considered the ordinance
and all relevant facts, and the Council adopted the findings made by the Planning Commission
as contained in the Commission's Resolution No. 15-01.
NOW, THEREFORE, be it ordained by the Council of the City of Bakersfield as
follows:
Section
Chapter 17.52 is hereby amended to read as follows:
Chapter 17.52
P.U.D.
PLANNED UNIT
DEVELOPMENT ZONE
Sections:
17.52.010
17.$2.020
17.52.030
17.52.040
t7.52.050
17.52.060
17.52.070
t7.52.080
17.52.090
17.52.100
t7.52.110
t7.52.t20
Intent and purpose
Uses permitted
Application
Rezoning procedure
Final development plan
Latitude of regulations
Required findings
Expiration of zone or plans
Minimum site area
Residential density
Modifications to approved preliminary and final development plans
Maintenance of common areas and
non-dedicated improvements and facilities
17.52.010 INTENT AND PURPOSE.
It is recognized that an integrated development provides an opportunity for creative
design when flexible regulations are applied. The planned unit development zone is intended to
allow for innovative design and diversification in the relationship of various uses, buildings,
structures, lot sizes and open space while ensuring substantial compliance with the General
Plan and the intent of the Municipal Code. In addition, the development would provide
adequate standards necessary to satisfy the requirements of the public health, safety and
general welfare. This zone is not to be used to restrict residential development or to
compromise other zoning districts that may be more appropriate for a site. Instead, it enables a
developer to obtain approval of a specific, detailed plan for a residential neighborhood which
ensures that the uniqueness of the project design is preserved. These standards shall be
observed without unduly inhibiting the advantages of modern site planning techniques and
innovative planning of residential neighborhoods. Land may be classified as being solely within
a P.U.D. zone (exclusive zone), or the P.U.D. zone may be used as a combining zone in a R-l,
R-2, R-3 or R-4 zone to assign a base zone defining allowable uses and ensure future site
development will be compatible with surrounding development and/or to recognize unique site
characteristics.
t7.52.020 USES PERMITTED.
Uses permitted in a P.U.D. zone used as a combining zone are those uses permitted by
the base zone with which the P.U.D. zone is combined.
B. Uses for land classified as being solely within a P.U.D. zone are as follows:
2.
3.
4.
5.
6.
One-family dwellings.
Multiple-family dwellings.
Condominiums.
Cluster developments.
Parks and playgrounds, public and/or private.
Commercial uses, when the Planning Commission finds that such uses are
incidental to, and compatible with, the nature and type of development proposed.
7. Real estate tract sales offices and model homes pursuant to the provisions of
Section 17.10.020 H.
8. Uses and structures which are incidental or accessory to any of the uses
permitted in P.U.D. zones.
9. Churches.
10. Schools, public and/or private.
11. Golf courses, including associated clubhouse and driving range.
12. Tennis courts, including associated clubhouse.
13. Swimming pools.
14. Equestrian facilities.
15. Hiking, bicycle and equestrian trails.
16. Open space areas including natural and wildlife areas.
17. Home occupations, as defined in Section 17.04.330 and in compliance with the
provisions of Chapter 17.63.
The permitted uses may be allowed 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.
17.52.030 APPLICATION.
When the P.U.D. zone is to be assigned as an exclusive zone classification, the zone
change application shall include the following:
A preliminary development plan, drawn to scale, which shall be at the minimum
scale indicated and include all the information as required for site plan review
pursuant to Section 17.08.080 A.3. The number and type of plans shall be as
follows:
Eight copies at scale of all plans submitted.
One copy of each plan reduced to a size of 8½" x 11".
One color rendition at scale of the site/landscape plan, and elevation.
2. A statement of reasons for including any commercial uses in the development.
A statement concerning any proposal to locate public, quasi-public, recreational
and educational areas within the development, including size, estimated
employment, anticipated financing, development and maintenance.
Residential density of the subject area including the estimated population.
If commercial uses are proposed, indicate building sizes, signs, and estimated
employment.
A completed zone change application on such forms as provided by the City,
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.
A statement indicating procedures and programming for the development and
maintenance of semipublic or public areas, buildings and structures.
A statement indicating the stages of development proposed for the entire
development.
Any additional information, plans, drawings, elevations, photos, diagrams and
improvements as may be required by the Planning Director to adequately review
the project.
When the P.U.D. zone is used as a combining zone, the zone change application is not
required to include development plans. Development plans as indicated in 17.52.030
A. 1 through A.5 and A.7 through A.9 shall be required prior to issuance of a building
permit and shall be considered at an advertised public hearing before the Planning
Commission. A complete application and fee shall be required. The application and fee
shall be the same as that for a site plan review hearing. The hearing shall constitute the
review and approval of the preliminary development plans. Modification to approved
plans will be subject to the provisions set forth in 17.52.110.
When the P.U.D. zone is used as a combining zone, all approvals and
recommendations by the planning commission shall be presented to the city council for
final action following public hearing by the planning commission. Matters so presented to
the city council for final action shall not require a noticed public hearing before the city
council except as set forth in 17.52.030 D.
If the council decides to disapprove the recommendation, add to or change any
of the conditions recommended by the planning commission, the city council shall set
the matter for a noticed public hearing at the next available regular meeting for which
notice, as required in Section 17.64.050, may be published, posted and mailed. The
hearing shall constitute the review and approval of the preliminary development plans.
Modification to approved plans will be subject to the provisions set forth in 17.52.110.
17.52.040 REZONING PROCEDURE.
An application shall be processed as follows:
A. Pursuant to Chapter 17.64 of this code regarding zone changes.
If the application is 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. If the P.U.D. zone is
approved as a combining zone, the base zone shall be identified, followed by the map
symbol P.U.D. (Example: R-2/P.U.D.)
The preliminary development plan as approved with a P.U.D. exclusive zone, shall be
filed with the City and shall, by reference, be incorporated into and thereby become part
of the zoning ordinance of the City.
After the effective date of the ordinance change to an exclusive P.U.D. zone, no
building or structure shall be erected, moved or altered on the subject property except
when in compliance with the final development plan as approved by the Site Plan
Review Committee.
17.52.050 FINAL DEVELOPMENT PLAN.
Contents. The final development plan shall be drawn to the same scale and include the
information as required for a preliminary development plan, together with any
modifications or conditions that were required by the Planning Commission and City
Council.
Procedure. The final development plan shall be submitted and processed the same as
required for a final site plan pursuant to Section 17.08.080 B.5. The Site Plan Review
Committee shall review the plan for substantial compliance with the approved
preliminary plan and satisfaction of all conditions set forth in the City Council's final
decision. In instances where the Planning Commission desires to review the final
development plan, they may place a condition on the project requiring said plan to be
brought back before them for review and approval.
17.52.060 LATITUDE OF REGULATIONS.
The Planning Commission or City Council 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 community, including and relating to but
not limited to the following:
Height limitations or any bulk requirements on buildings and structures, lot and yard
requirements, and distances between buildings.
C.
D.
E.
Percent coverage of land by buildings and structures.
Parking ratios and areas expressed in relation to use of various portions of the property
and/or building floor area.
The location, width and improvement of vehicular and pedestrian access to various
portions of the property including portions within abutting streets.
Planting and maintenance of trees, shrubs, plants and lawns in accordance with a
landscaping plan.
F. Construction of fences, walls and floodlighting of an approved design.
Limitations upon the size, design, number, lighting and location of signs and advertising
structures.
Arrangement and spacing of buildings and structures to provide appropriate open
spaces around same.
Location and size of off-street loading areas and docks.
Uses of buildings and structures by general classifications, 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.
Architectural design of buildings and structures.
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.
N. Any additional improvements and dedications reasonably necessary to fulfill public
needs for the general health, safety and welfare of the neighborhood and the City.
t7.52.070 REQUIRED FINDINGS.
In approving and adopting the rezoning application with the preliminary development plan, the
Planning Commission and City Council shall find the following:
The proposed planned unit development zone and preliminary development plan is
consistent with the General Plan and objectives of this ordinance;
The proposed development will constitute a residential environment of sustained
desirability and stability, and it will compliment and harmonize with the character of the
surrounding neighborhood and community; and
The proposed development justifies exceptions from the normal application of this code
in that it integrates such elements as the location of structures, circulation pattern,
parking, open space, utilities and other amenities, together with a program for provision,
operation and maintenance of all areas, improvements, facilities and services provided
for the common use of persons occupying or utilizing the property.
17.52.080 EXPIRATION OF ZONE OR PLANS.
A. When the P.UD. zone is assigned as an exclusive zone, the following shall apply:
The applicant shall commence construction no later than 3 years from the
effective date of the zone change. If, within such period, the construction
specified in the approved preliminary development plan has not been
commenced, the Planning Director shall notify the Planning Commission of same
and the Commission shall consider whether changed circumstances justify a
zone change to rescind the P. U. D. zone or if additional time is necessary to be
conditioned in order to commence construction of the project. Initiation of a zone
change to rescind the
P. U. D. zone, or to change any conditions of approval including those extending
time periods, shall be subject to the provisions of Section 17.64.070 of this code.
If a certificate of occupancy has not been issued for a substantial portion of the
dwelling units or other structures in the first phase of a P. U. D. zone within 5
years of the effective date of the P. U. D. zone as determined by the Planning
Director, he/she shall notify the Planning Commission of same and the
Commission shall consider whether changed circumstances justify a zone
change to rescind the P. U. D. zone or if additional time is necessary to be
conditioned for the project to be completed. Initiation of a zone change to rescind
the P.U.D. zone, or to change any conditions of approval including those
extending time periods, shall be subject to the provisions of Section 17.64.070 of
this code.
Where the first phase is substantially developed and the remaining phases are
undeveloped or in various stages of development and 5 years have lapsed since
the effective date of the P. U. D. zone as determined by the Planning Director,
he/she shall notify the Planning Commission of same and the Commission shall
consider whether changed circumstances justify a zone change to rescind the P.
U. D. zone for the area containing the uncompleted phases or if additional time is
necessary to be conditioned for the project to be completed. Initiation of a zone
change to
the P. U. D. zone, or to change any conditions of approval including those
extending time periods, shall be subject to the provisions of Section 17.64.070 of
this code.
When the P. U. D. zone is used as a combining zone, no status review or other
notification shall be required. Approved preliminary plans shall be subject to the same
time periods as an approved site plan (Section 17.08.080 D.)lf more than
one preliminary development plan is approved for a site, the most recent approval shall
supersede all previously approved plans.
t7.52.090 MINIMUM SITE AREA.
The minimum area for a P.U.D. zone shall be I acre.
17.52.100 RESIDENTIAL DENSITY.
Open area and density per dwelling unit shall be as shown on the final development plan for
the particular P.U.D. zone as approved by the Planning Commission and the City Council. The
permitted number of dwelling units may be distributed within the planned residential
development zone in accordance with the conditions and terms established pursuant to this
chapter consistent with the density standard of the applicable land use designation of the
General Plan.
17.52.tt0
MODIFICATIONS TO APPROVED PRELIMINARY AND FINAL
DEVELOPMENT PLANS.
An approved preliminary 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 said 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 a precedent setting, or as a
lone compelling reason for approving any modification.
Any application for a modification to an approved preliminary plan may be approved only
after it has been found that it does not deviate from the intent and purpose of this zone
and the required findings in Section 17.52.070 can be made.
The Planning Director shall have the authority to administratively approve minor
changes, modifications, alterations, deviations, or substitutions to an approved
preliminary or final development plan with respect to colors, materials, architectural
elevations, landscape plans and other physical changes of a similar nature provided any
such change does not alter any use, environmental mitigation measure, condition of
approval or substantially affect the basic character of architecture or the landscape
architecture as established in the Planning Commission or City Council's approval of the
project. Such minor changes, modifications, alterations, deviations, or substitutions to
an approved preliminary or final development plan shall be reported to the Planning
Commission at its next regular meeting. At that time, the Planning Commission may
accept the Planning Director's report, may further modify the Planning Director's
approved changes or may direct staff to set the matter for hearing in accordance with
the provisions of Chapter 17.64 of this code.
t7.52.120
MAINTENANCE OF COMMON AREAS AND
NON-DEDICATED IMPROVEMENTS 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 16.32.060 of the subdivision regulations of the City 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; bylaws 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 Director 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.
Section 2
Chapter 17.54 is hereby amended to read as follows:
Chapter 17.54
P.C.D.
PLANNED COMMERCIAL
DEVELOPMENT ZONE
Sections:
17.54.010
t 7.54.020
17.54.030
17.54.040
t 7.64.050
17.54.060
17.54.070
t7.54.080
t7.54.090
17.54.100
Intent and purpose
Uses permitted
Application.
Rezoning procedure
Final development plan
Latitude of regulations
Required findings
Expiration of zone or plans
Minimum site area
Modifications to approved preliminary and final development plans
17.54.110 Maintenance of common areas and
non-dedicated improvements and facilities
17.54.0t0 INTENT AND PURPOSE.
It is recognized that an integrated development provides an opportunity for cohesive design
when flexible regulations are applied. The planned commercial development zone is intended
to allow for innovative design and diversification in the relationship of various uses, buildings,
structures, lot sizes and open spaces while ensuring compliance with the General Plan and the
intent of the Municipal Code. In addition, the development would provide adequate
improvements and standards necessary to satisfy the requirements of the public health, safety
and general welfare. This zone is not to be used to restrict commercial development or to
compromise other zoning districts that may be more appropriate for a site. Instead, it enables a
developer to obtain approval of a specific, detailed plan for a commercial development which
ensures that the uniqueness of the project design being proposed is preserved. Standards
shall be observed without unduly inhibiting the advantages of modern site planning techniques
and innovative planning of commercial and professional office neighborhoods. Land may be
classified as being solely within a P.C.D. Zone (exclusive zone), or the P.C.D. zone may be
used as a combining zone in a C-O, C-1, or C-2 zone to assign a base zone defining allowable
uses and ensure future site development will be compatible with surrounding development
and/or to recognize unique site characteristics.
17.54.020 USES PERMITTED.
Uses permitted in a P.C.D. zone used as a combining zone are those uses permitted by
the base zone with which the P.C.D. zone is combined.
B. Uses for land classified as being solely within a P.C.D. zone are as follows:
Any permitted use listed in Chapters 17.20 (C-O), 17.22 (C-1) and 17.24 (C-2).
Any use that is conditional in these zones may be requested as part of the initial
zone change and approved as conditional uses subject to the findings,
conditions and revocation of rights as set forth in Chapter 17.64. Uses which are
conditional that are proposed once the P.C.D. zone is effective shall be subject
to the provisions of Chapter 17.64.
Uses and structures which are incidental or accessory to any of the uses
permitted in P.C.D. zones.
The permitted uses may be allowed 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.
17.54.030 APPLICATION.
When the P.C.D. zone is to be assigned as an exclusive zone classification, the zone
change application shall include the following:
A preliminary development plan, drawn to scale, which shall be at the minimum
scale indicated and shall include all the information as required for site plan
review pursuant to Section 17.08.080 A.3. The number and type of plans shall
be as follows:
Eight copies at scale of all plans submitted.
One copy of each plan reduced to a size of 8~ inches x 11 inches.
One color rendition at scale of the site/landscape plan, and elevation
plan.
If the proposed project is to be developed in several stages, indicate the
anticipated sequence of development.
Show the proposed methods by which the applicant will govern the maintenance
and continued protection of the development including any common areas.
4. Indicate all proposed signs for the development.
A completed zone change application on such forms as provided by the City,
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.
Any additional information, plans, drawings, elevations, photos, diagrams and
improvements as may be required by the Planning Director to adequately review
the project.
When the P.C.D. zone is used as a combining zone, the zone change application is not
required to include development plans. Development plans as indicated in 17.54.030
A.1 through ^.4 and ^.6 shall be required prior to issuance of a building permit and shall
be considered at an advertised public hearing before the planning commission. A
complete application and fee shall be required. The application and fee shall be the
same as that for a site plan review hearing. The hearing shall constitute the review and
approval of the preliminary development plans. Modifications to approved plans will be
subject to the provisions set forth in 17.54.100.
When the P.C.D. zone is used as a combining zone, all approvals and
recommendations by the planning commission shall be presented to the city council for
final action following public hearing by the planning commission. Matters so presented to
the city council for final action shall not require a noticed public hearing before the city
council except as set forth in 17.54.030 D.
If the council decides to disapprove the recommendation, add to or change any
of the conditions recommended by the planning commission, the city council shall set
the matter for a noticed public hearing at the next available regular meeting for which
notice, as required in Section 17.64.050, may be published, posted and mailed. The
headng shall constitute the review and approval of the preliminary development plans.
Modification to approved plans will be subject to the provisions set forth in 17.54.110.
17.54.040 REZONING PROCEDURE.
An application shall be processed as follows:
A. Pursuant to Sections 17.64 of this code regarding zone changes.
If the application is 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. If the P.C.D. zone is
approved as a combining zone, the base zone shall be identified, followed by the map
symbol P.CD. (Example: C-2/P.C.D.).
]0
The preliminary development plan as approved with a P.C.D. exclusive zone, shall be
filed with the City and shall, by reference, be incorporated into and thereby become a
part of the zoning ordinance of the City.
After the effective date of the ordinance change to an exclusive P.C.D. zone, no building
or structure shall be erected, moved or altered on the subject property except when in
compliance with the final development plan as approved by the Site Plan Review
Committee.
'17.54.050 FINAL DEVELOPMENT PLAN.
Contents. The final development plan shall be drawn to the same scale and include the
information as required for a preliminary development plan, together with any
modifications or conditions that were required by the Planning Commission and City
Council.
Procedure. The final development plan for a building permit shall be submitted and
processed the same as required for a final site plan pursuant to Section 17.08.080 B.5.
The Site Plan Review Committee shall review the plan for substantial compliance with
the approved preliminary plan and satisfaction with all conditions set forth in the City
Council's final decision. In instances where the
Planning Commission desires to review the final plan, they may place a condition on the
project requiring said plan to be brought back before them for review and approval.
17.54.060 LATITUDE OF REGULATIONS.
The Planning Commission or City Council 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 and which would foster and maintain the health, safety and
general welfare of the community, including and relating to but not limited to the following:
Height limitations or any bulk requirements of buildings or structures, lot and yard
requirements and distances between buildings.
B. Percent coverage of land by buildings and structures.
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.
The location, width and improvement of vehicular and pedestrian access to vanous
portions of the property including portions within abutting streets.
F. Construction of fences and walls.
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.
Uses of buildings and structures by general classification 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 developmenL
J. Architectural design of buildings and structures.
Schedule of time for construction and establishment of the proposed buildings,
structures, or land uses or any stage of development thereof.
L. Requiring of performance bonds to insure development as approved.
Planting and maintenance of trees, shrubs, plants and lawns in accordance with a
landscape plan.
Any additional improvements and dedications reasonably necessary to fulfill public
needs for the general health, safety and welfare of the neighborhood and the City.
17.54.070 REQUIRED FINDINGS.
In approving and adopting the rezoning application with the preliminary development plan, the
Planning Commission and City Council shall find the following:
The proposed planned commercial development zone and preliminary development plan
is consistent with the General Plan and objectives of this ordinance.
The proposed development will constitute a commercial environment of sustained
desirability and stability, and it will compliment and harmonize with the character of the
surrounding neighborhood and community.
The proposed development justifies exceptions from the normal application of this code
in that it integrates such elements as the location of structures, circulation pattern,
parking, landscaping and utilities, together with a program for provision, operation and
maintenance of all areas, improvements, facilities and services provided on the property.
t7.54.080 EXPIRATION OF ZONE OR PLANS.
A. When the P.C.D. zone is assigned as an exclusive zone, the following shall apply:
The applicant shall commence construction no later than 3 years from the
effective date of the zoning change, If, within such period, the construction
specified in the approved preliminary development plan has not been
commenced, the Planning Director shall notify the Planning Commission of same
and the Commission shall consider whether changed circumstances justify a
zone change to rescind the P.C.D. zone or if additional time is necessary to be
conditioned in order to commence construction of the project. Initiation of a zone
change to rescind the P.C.D. zone, or to change any conditions of approval
including those extending time periods, shall be subject to the provisions of
Section 17.64,070 of this code.
With the exception of satellite pads, if a certificate of occupancy has not been
issued for a substantial portion of the commercial structures in the first phase of
a P.C.D. zone within 5 years of the effective date of the P.C.D. zone as
]2
determined by the Planning Director, he/she shall notify the Planning
Commission of same and the Commission shall consider whether changed
circumstances justify a zone change to rescind the P.C.D. zone or if additional
time is necessary to be conditioned for the project to be completed. Initiation of
a zone change to rescind the P.C.D. zone, or to change any conditions of
approval including those extending time periods, shall be subject to the
previsions of Section 17.64.070 of this code.
With the exception of satellite pads, where the first phase is substantially
developed and the remaining phases are undeveloped or in various
stages of development and 5 years have lapsed since the effective date of the
P.C.D. zone as determined by the Planning Director, he/she shall notify the
Planning Commission of same and the Commission shall consider whether
changed circumstances justify a zone change to rescind the P.C.D, zone for the
area containing the uncompleted phases or if additional time is necessary to be
conditioned for the project to be completed. Initiation of a zone change to
rescind the P.C.D. zone, or to change any conditions of approval including those
extending time periods, shall be subject to the provisions of Section 17.64.070 of
this code.
When the P.C.D. zone is used as a combining zone, no status review or other
notification shall be required. Approved preliminary plans shall be subject to the same
time periods as an approved site plan (Section 17.08.080 D.). If more than one
preliminary development plan is approved for a site, the most recent approval shall
supersede all previously approved plans.
17.54.090 MINIMUM SITE AREA.
The minimum area for a P.C.D. zone shall be 1 acre.
17.54.t00
MODIFICATIONS TO APPROVED PRELIMINARY AND FINAL
DEVELOPMENT PLANS.
An approved preliminary 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 said 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 compelling reason for approving any modification.
Any application for a modification to an approved preliminary plan may be approved only
after it has been found that it does not deviate from the intent and purpose of this zone
and the required findings in Section 17.54.070 can be made.
The Planning Director shall have the authority to administratively approve minor
changes, modifications, alterations, deviations, or substitutions to an approved
preliminary development plan with respect to colors, materials, architectural elevations,
landscape plans and other physical changes of a similar nature provided any such
change does not alter any use, environmental mitigation measure, condition of approval
or substantially affect the basic character of the architecture or landscape architecture
as established' in the Planning Commission or City Council's approval of the project.
Such minor changes, modifications, alterations, deviations, or substitutions to an
approved preliminary or final development plan shall be reported to the Planning
Commission at its next regular meeting. At that time, the Planning Commission may
accept the Planning Director's report, may further modify the Planning Director's
approved changes or may direct staff to set the matter for hearing in accordance with
the provisions of Chapter 17.64 of this code.
17.54.110
MAINTENANCE OF COMMON AREAS AND
NON-DEDICATED IMPROVEMENTS AND FACILITIES.
All common areas, if any, including open or green spaces, community recreation
facilities, common walkways, parking areas, private streets, sidewalks, curbs and
gutters and any improvements listed in Section 16.32.060 of the subdivision regulations
of the City 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 restrictions 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 properties within its jurisdiction and to exercise the
powers and duties of such entity to be fully set forth in the declaration; bylaws 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 Director 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.
Section 3
This ordinance shall be posted in accordance with the Bakersfield Municipal Code and
shall become effective thirty (30) days from and after the date of its passage.
........ 000 .........
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
JIIN 1 3 Z00! , by the following vote:
ABSTAIN:
ABSENT:
COUNClLMEMBER CARSON, BENHAM, MAGGARD. COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMSER ~
COUNClLMEMBER/'~,t,~._
COUNClLMEMBER/?/.~,fJ2-.--
14
CITY CLERK and Ex Officio ~erk of the
Council of the City of Bakersfic~ld
APPROVED JUN 13 2001
I~l~RE~o~ihe c~ALit~ of Baker~dd -'- -
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
S:~pcdpud~ccordina nce
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, 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 the 14th day of June , 2001 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4009 , passed by the
June 2001 and
day of
Bakersfield City Council at a meeting held on the 13th
entitled:
AN ORDINANCE AMENDING SECTIONS OF CHAPTERS 17.52 AND 17.54
OF TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE RELATED TO
UTILIZATION OF THE PLANNED UNIT DEVELOPMENT (P.U.D.) ZONE
AND PLANNED COMMERCIAL DEVELOPMENT (P.C.D.) ZONE AS
COMBINING ZONES.
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
S:\Docum ent\FORMS~AOP.ORD.wpd
June 14, 2001