HomeMy WebLinkAboutORD NO 3677NO. 8 6 ? ?
EMERGENCY ORDINANCE AMENDING SUBSECTION A OF
SECTION 17.69.040 OF THE BAKERSFIELDMUNICIPAL
CODE RELATING TO SEPARATION AND DISTANCE
REQUIREMENTS FOR ADULT 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.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
SECTION 1.
Subsection A of 17.69.040 of the Bakersfield Municipal Code is
hereby amended to read as follows:
A. In those zoning districts where adult entertainment
businesses regulated by this chapter would otherwise be permitted
uses, it shall be unlawful to conduct, establish or relocated any
such business:
1. Within one thousand five hundred feet of any property
zoned for residential use whether or not located
within the city.
2. Within one thousand feet of any other adult
entertainment business whether or not located within
the city.
Within one thousand five hundred feet of any public or
duly licensed private school whether or not located
within the city, excluding any vocational or
professional school or any college; or any college.
Within one thousand 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
whether or not located within the city.
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.
.......... 000 ..........
! HEREBT CERTIFY that the foregoing Ordinance was passed and
adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on OCT 1 i 1~ , by the following vote:
&¥,l?[ (~OUNCILMEMB~E~R~ DeMOND, CARSON, SMITH, McDERMOTT, ROWLE$, BULLIVAN, $ALVAGGIO
A~J~T~IN: C~JNCIL~iENiBER ~ ·
,I,~ENT: GOUNGILMEMBER ¥'X.(-.~-~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
OCT ! ! 1 g5
B/~O~o~~~~the~ii~tv of Bakersfield
APPROVED as to form:
JUDY K. SKOUSEN
City Attorney
Assistant City Attorney
City of Bakersfield
MGA/meg
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 13th day of October, 1995
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3677, passed by the
Bakersfield City Council at a meeting held on the 11th day of
October, 1995, and entitled:
EMERGENCY ORDINANCE AMENDING SUBSECTION A OF
SECTION 17.69.040 OF THE BAKERSFIELDMUNICIPAL
CODE RELATING TO SEPARATION AND DISTANCE
REQUIREMENTS FOR ADULT ENTERTAINMENT
BUSINESSES
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
DEPUTY City Cl~Fr~