Bakersfield City Zoning Code
17.52 PUD
Planned Unit Development Zone
*Prior history: prior code Sections 17.51.010 through 17.51.120.
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 PUD zone (exclusive zone), or the PUD zone may be used as a combining zone in a R-1, R-2, R-3, or R-4, R-5, or R-6 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. (Ord. 5170 § 3, 2024; Ord. 4009 § 1, 2001; Ord. 3656 § 1, 1995)
17.52.020 Uses permitted.
A. Uses permitted in a PUD zone used as a combining zone are those uses permitted by the base zone with which the PUD zone is combined.
B. Uses for land classified as being within a PUD zone are as follows:
3. Condominiums;
4. Cluster developments;
5. Parks and playgrounds, public and/or private;
6. 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 17.10.040;
8. Uses and structures which are incidental or accessory to any of the uses permitted in PUD zones;
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 of this code.
C. 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. (Ord. 5170 § 3, 2024; Ord. 4542 § 1, 2008; Ord. 4304 § 1, 2006; Ord. 4009 § 1, 2001; Ord. 3964 § 41, 2000; Ord. 3768 § 4, 1997; Ord. 3656 § 1, 1995)
17.52.030 Application.
A. When the PUD zone is to be assigned as an exclusive zone classification, the zone change application shall include the following:
1. 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:
a. Eight copies at scale of all plans submitted;
b. One copy of each plan reduced to a size of eight and one-half inches by eleven inches;
c. 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;
3. 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;
4. Residential density of the subject area including the estimated population;
5. If commercial uses are proposed, indicate building sizes, signs, and estimated employment;
6. 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;
7. A statement indicating procedures and programming for the development and maintenance of semipublic or public areas, buildings and structures;
8. A statement indicating the stages of development proposed for the entire development;
9. Any additional information, plans, drawings, elevations, photos, diagrams and improvements as may be required by the planning director to adequately review the project.
B. When the PUD zone is used as a combining zone, the zone change application is not required to include development plans. Development plans as indicated in subsections (A)(1) through (A)(5) and (A)(7) through (A)(9) shall be required prior to approval of a subdivision map pursuant to Section 16.28.170(O) or prior to issuance of a building permit as appropriate, 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 Section 17.52.100.
C. When the PUD zone is used as a combining zone, approval of development plans by the planning commission is final. If appealed, development plans shall be presented to the city council for final action at a noticed public hearing in accordance with Section 17.64.050(B). (Ord. 4304 § 2, 2006; Ord. 4009 § 1, 2001; Ord. 3835 § 29, 1998; Ord. 3656 § 1, 1995)
17.52.040 Rezoning procedure.
An application shall be processed as follows:
A. Pursuant to Chapter 17.64 of this code regarding zone changes;
B. 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 PUD. If the PUD zone is approved as a combining zone, the base zone shall be identified, followed by the map symbol PUD (Example: R-2/PUD).
C. The preliminary development plan as approved with a PUD 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.
D. After the effective date of the ordinance change to an exclusive PUD 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. (Ord. 4009 § 1, 2001; Ord. 3903 § 1, 1999; Ord. 3656 § 1, 1995)
17.52.050 Final development plan.
A. 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.
B. Procedure. The final development plan shall be submitted and processed the same as required for a final site plan pursuant to Section 17.08.080B5. 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 councils 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. (Ord. 4009 § 1, 2001; Ord. 3903 § 3, 1999; Ord. 3874 §4, 1998; Ord. 3835 § 29, 1998; Ord. 3656 § 1, 1995)
17.52.060 Latitude of regulations.
In the approval of PUD plans, the planning commission or city council may approve or 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 provide or protect community amenities in the subject community, which would foster and maintain the health, safety and general welfare of the community, including and relating to but not limited to the following:
A. Height limitations or any bulk requirements on buildings and 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. 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 floodlighting 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 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;
K. Architectural design of buildings and structures;
L. 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. (Ord. 4304 § 3, 2006; Ord. 4009 § 1, 2001; Ord. 3656 § 1, 1995)
17.52.070 Required findings.
In approving and adopting the rezoning application with the preliminary development plan, the planning commission and city council shall find the following:
A. The proposed planned unit development zone and preliminary development plan is consistent with the general plan and objectives of this ordinance;
B. 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
C. 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. (Ord. 4009 § 1, 2001; Ord. 3656 § 1, 1995)
17.52.080 Expiration of zone or plans.
A. When the PUD zone is assigned as an exclusive zone, the following shall apply:
1. The applicant shall commence construction no later than three 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 PUD 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 PUD 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.
2. 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 PUD zone within five years of the effective date of the PUD 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 PUD zone or if additional time is necessary to be conditioned for the project to be completed. Initiation of a zone change to rescind the PUD 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.
3. Where the first phase is substantially developed and the remaining phases are undeveloped or in various stages of development and five years have lapsed since the effective date of the PUD 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 PUD 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 PUD 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.
B. When the PUD 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 17.08.080D.) If more than one preliminary development plan is approved for a site, the most recent approval shall supersede all previously approved plans. (Ord. 4009 § 1, 2001; Ord. 3656 § 1, 1995)
17.52.090 Minimum site area.
The minimum area for a PUD zone shall be ten gross acres. (Ord. 5170 § 3, 2024; Ord. 4009 § 1, 2001; Ord. 3656 § 1, 1995)
17.52.100 Residential density.
Open area and density per dwelling unit shall be as shown on the final development plan for the particular PUD 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. (Ord. 4009 § 1, 2001; Ord. 3656 § 1, 1995)
17.52.110 Modifications to approved preliminary and final development plans.
A. 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.
B. The flexibility of code requirements ordinarily required in other districts permitted in any initial approval of a PUD zone shall not be considered as a precedent setting, or as a lone compelling reason for approving any modification.
C. 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.
D. 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 councils 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 directors report, may further modify the planning directors approved changes or may direct staff to set the matter for hearing in accordance with the provisions of Chapter 17.64 of this code. (Ord. 4009 § 1, 2001; Ord. 3903 §§ 2, 4, 1999; Ord. 3874 § 3, 1998; Ord. 3656 § 1, 1995)
17.52.120 Maintenance of common areas and non-dedicated improvements and facilities.
A. 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.
B. 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.
C. 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.
D. 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. (Ord. 4009 § 1, 2001; Ord. 3656 § 1, 1995)