HomeMy WebLinkAboutORD NO 3654ORDIN CE NO. ,3 6 5 4
AN INTERIM EMERGENCY ORDINANCE
ADDING SUBSECTION F TO SECTION
17.08.080 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO
RECONSTRUCTION OF DAMAGED NON-
CONFORMING OWNER-OCCUPIED SINGLE
FAMILY BUILDINGS.
WHEREAS, Subsection A of Section 17.08.080 of the Bakersfield
Municipal Code prohibits the reconstruction of any nonconforming
building destroyed by more than fifty percent; and
WHEREAS, such a provision may result in a threat to the public
health, safety or welfare and may cause undue problems for owners
of damaged nonconforming owner-occupied single family homes; and
WHEREAS, Section 65858 of the California Government Code
permits the adoption as an urgency measure an interim ordinance
prohibiting any use which may be in conflict with a contemplated
zoning proposal; and
WHEREAS, the matter of the appropriateness of such a ban on
reconstruction of damaged nonconforming owner-occupied single
family homes will be referred to the Planning Commission for
consideration, report and recommendation to the City Council within
a reasonable time; and
WHEREAS, pursuant to Section 15061 (b)(3) of the CEQA
Guidelines, this proposed ordinance is exempt from CEQA because it
can be seen with certainty that there is no possibility that it may
have a significant effect on the environment; and
WHEREAS, this ordinance shall expire on August 12, 1995,
unless extended by the City Council; and
WHEREAS, it is hereby found that there is a current and
immediate threat to the public welfare if such owner-occupied
single family homes are not permitted to be reconstructed and are
required to be demolished if damaged by more than fifty percent in
conflict with the zoning proposals to be considered by the Planning
Commission and City Council; and
WHEREAS, the issuance of a demolition permit to destroy a
damaged nonconforming single-family dwelling would result in that
threat.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
SECTION 1.
Subsection F is hereby added to Section 17.08.080 of the
Bakersfield Municipal Code to read as follows:
17.08.080 Reconstruction of damaqed nonconforminq buildinas.
F. The provisions of subsection A of this section shall not
apply to the reconstruction of any damaged or destroyed owner-
occupied single-family dwelling which is reconstructed within
twelve months of the date on which damaged or destroyed by more
than fifty percent.
SECTION 2.
This Emergency Ordinance is necessary for the immediate
preservation of public health, property and safety, and shall
become effective immediately after its passage.
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ORI~,N,.L
I HEREBY CERTIFY that the foregoing Ordinance was passed and
adopted by the Council of the C%~ of Bakersfield at a regular
meeting thereof held on 28 ~ , by the following
vote:
AYES; COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, ~J~, SALVAGGmO
NOES,* COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
~ COUHCILMEMBER
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
JUN ~ $ 1995
APPROVED
MAYOR of the City of
Bakersfield
APPROVED as to form:
J~D~Y K. SKOUSEN
CITY ATTORNEY of the City of Bakersfield
JKS/LCM/meg
ORD95-1/EMERGNCY\
NONCNFRM ORD-June 16, 1995
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
CAROL WILLIAMS, 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 3rd day of July, 1995 she
posted on the Bulletin Board at City Hall, a full, true and correct
copy of the following: Ordinance No. 3654, passed by the
Bakersfield City Council at a meeting held on the 28th day of June,
1995, and entitled:
AN INTERIM EMERGENCY ORDINANCE ADDING
SUBSECTION F TO SECTION 17.08.080 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
RECONSTRUCTION OF DAMAGED NON-CONFORMING
OWNER-OCCUPIED SINGLE FAMILY BUILDINGS
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield