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HomeMy WebLinkAboutORD NO 3680O IN CE NO. 3 6 8 0 AN INTERIM URGENCY ORDINANCE EXTENDING EMERGENCY ORDINANCE NO. 3677 AMENDING SUBSECTION A OF SECTION 17.69.040 OF THE BAKERSFIELD MUNICXPAL CODE RELATXNG TO SEPARATIONAND DISTANCER~QUIREM~NTS FORADULT ENTERTAINMENT BUSINESSES. WHEREAS, subsection A of section 17.69.040 of the Bakersfield Municipal Code prohibits the location or relocation of an adult entertainment business within one thousand feet of any property zoned for residential use; any other adult entertainment business; any public or duly licensed private school, excluding any vocational or professional school or any college; or within five hundred feet of any developed park or public playground, of any public library, or of any church or other religious facility which people regularly attend to hold religious services or meeting; and WHEREAS, such a provision may result in a threat to the public health, safety or welfare, and may cause undue problems for owners and/or users of residential properties or public facilities as designated herein; 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 minimum separation and distance requirements for adult entertainment businesses will be referred to the Planning Department of the City of Bakersfield for consideration, report and recommendation to the City Council within a reasonable time; and WHEREAS, it is hereby found that there is a current and immediate threat to the public health, safety and welfare if such adult entertainment businesses are permitted to be located or relocated within the present guidelines as set forth in section 17.69.040A, in conflict with the zoning proposal to be considered by the Planning Department and City Council; and WHEREAS, the issuance of an adult entertainment business permit to locate or relocate an adult entertainment business within the present guidelines set forth in chapter 17.69.040A would result in that threat; and WHEREAS, the Council of the City of Bakersfield adopted Emergency Ordinance No. 3677 on October 11, 1995 pursuant to Section 65858(a) of the California Government Code; and WHEREAS, said ordinance prohibits the establishment or relocation of an adult entertainment business regulated by Chapter 17.69.040 of the Bakersfield Municipal Code within 1,500 feet of any property zoned for residential use, any public or duly licensed private school, or of any developed park or public playground, or of any public library, or of any church or other religious facility which people regularly attend to hold religious services or meetings, whether or not these locations are within the City, and within 1,000 feet of any other adult entertainment business, whether or not located within the City; and WHEREAS, said ordinance shall expire on November 25, 1995 unless extended by the City Council; and WHEREAS, after notice pursuant to Section 65090 of the California Government Code and public hearing, the City Council may extend the interim ordinance for ten (10) months and fifteen (15) days; and WHEREAS, staff is in the process of preparing a detailed consideration of the potential impacts of the proposed regulations on the businesses affected and to insure conformity with present zoning practices; and WHEREAS, this study will address the intent of the ordinance to alleviate the negative secondary effects which result from the concentration of adult entertainment businesses and their impact upon property value and usage; and WHEREAS, it is anticipated that said study will be completed prior to the ten (10) month and fifteen (15) day expiration period; and WHEREAS, notice of a public hearing to be conducted on November 8, 1995 to consider an extension of said ordinance has been duly posted and published; and WHEREAS, the City Council has conducted its public hearing on November 8, 1995 to consider extension of Emergency Ordinance No. 3677; and - 2 - WHEREAS, the City Council considered all testimony offered at said hearing; and WHEREAS, passage of this ordinance is necessary for the immediate preservation of public health, property and safety for those reasons delineated hereinabove and in Emergency Ordinance No. 3677; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION Emergency Ordinance No. 3677 is hereby extended an additional ten (10) month and fifteen (15) day period from November 25, 1995 unless otherwise superseded by subsequent ordinances. SECTION 2. This emergency ordinance is necessary for the immediate preservation of public health, property and safety, and shall become effective immediately upon its passage. .......... o0o .......... - 3 - 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 N0¥ 05 ~ , by the following vote: CITY CLERK and Ex Off~icio Clerk of the Council of the City of Bakersfield APPROVED NOV 0 $ 1995 MAYOR of the City of Bakersfield APPROVED as to form: JUDY K. SKOUSEN City Attorney By: MICHAEL G. ALLFORD Assistant City Attorney City of Bakersfield MGA/meg/rb MEG\ORD 95-1 \EMERONCY~ - 4 - AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) 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 15th day of November, 1995 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3680, passed by the Bakersfield City Council at a meeting held on the 8th day of November, 1995, and entitled: AN INTERIM URGENCY ORDINANCE EXTENDING EMERGENCY ORDINANCE NO. 3677 AMENDING SUBSECTION A OF SECTION 17.69.040 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SEPARATION AND DISTANCE REQUIREMENTS FORADULT ENTERTAINMENT BUSINESSES /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield D~WUTY City ClerkS/ - / ~