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
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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.
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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~
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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/ - / ~