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HomeMy WebLinkAboutORD NO 3664ORDINANCE NO. 3664 AN 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, 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 damaged nonconformin~ buildinqs. 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. .......... o0o .......... 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 AH~ 0 9 ~ , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCTL~mBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMENRR~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AUG 0 9 1995 MAYOR of the City of Bakersfield APPROVED as to form: ifilATTORNEY ¢f the City of Bakersfield JKSVmeg ORD95-1 \EMERGNCY\ NONCONF2.ORD--July 27t 1995 - 3 - AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SSo 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 11th day of August, 1995 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3664, passed by the Bakersfield City Council at a meeting held on the 9th day of August, 1995, and entitled: AN EMERGENCY ORDINANCE ADDING SUBSECTION F TO SECTION 17.08.080 OFTHE BAKERSFIELDMUNICIPAL CODE RELATING TO RECONSTRUCTION OF DAMAGED NON-CONFORMING OWNER-OCCUPIED SINGLE FAMILY BUILDINGS By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield