HomeMy WebLinkAboutORD NO 3695ORDINANCE NO. 3 6 9 5
AN ORDINANCE ADDING SECTIONS 17.04.242, 17.24.020
(B. 14.), AND 17.34.020 (C.), AND REPEALING SECTIONS
17.25.040 (B.2.) AND 17.26.040 (B.2.) TO TITLE 17 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
FARMERS MARKETS.
WHEREAS, in accordance with the procedure set forth in the provisions of
Title 17 of the Municipal Code of the City of Bakersfield, the City Council advertised
and held a public hearing on a proposal to add Sections 17.04.242, 17.24.030 (B.14.), and
17.34.020 (C), and repealing Sections 17.25.040 (2) and 17.26.040 (2) to Title 17 relating
to farmers markets; and
WHEREAS, the City Council through its City Clerk did set Wednesday,
November 29, 1995 at the hour of 7:00 p.m. in the Council Chambers of City Hall, 1501
Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing
before said Council on said ordinance, and notice of the public hearing was given in the
manner prescribed in the Municipal Code and the California Government Code; and
WHEREAS, the ordinance was found to be exempt from the provisions of
CEQA and the law and regulations as set forth in CEQA and City of Bakersfield
Resolution No. 10%86 regarding the local implementation of CEQA have been duly
followed by city staff and this Council; and
WHEREAS, the City Council, at said public hearing, considered the
ordinance, all relevant facts, and public testimony, and the Council found as follows:
The proposed ordinance is both essential and desirable to the public
in that it provides opportunity for farmers markets to be temporarily
established in appropriate areas for the sale of locally grown fresh
produce in close proximity to residents.
The proposed ordinance is in harmony with the goals, objectives and
policies of the Metropolitan Bakersfield 2010 General Plan.
Adoption of the proposed ordinance will not be a significant effect
on the environment as it has been determined to be exempt from
the provisions of CEQA. Specific requests for farmer's markets will
be evaluated under the provisions of CEQA at such time they are
submitted to the City for review.
Public notice has been given pursuant to both city and state
regulations.
The provisions of CEQA and the City's environmental
implementation procedures have been followed.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield, as follows:
SECTION 1.
Section 17.04.242 of Title 17 is hereby added to the Bakersfield Municipal
Code to read as follows:
17.04.242
Farmers market.
"Farmers market" means a group of vendors or farmers that form a
collective organization and are certified by the Kern County Agricultural Commissioner
to sell fresh fruits, vegetables and other farm produce to the general public. This use
typically occurs in the parking lot of the main business for limited durations and is
considered a secondary use.
SECTION 2.
Subsection B. 14. of Section 17.24.020 of Title 17 is hereby added to the
Bakersfield Municipal Code to read as follows (existing subsections B.14-43 to be
renumbered as B.15-44.):
14. Farmers market; provided it is conducted on a paved surface, shall
not be operated more than two days per calendar week, has been certified by the Kern
County Agricultural Commissioner, and that adequate parking is available through joint,
shared or other arrangement as approved by the Planning Director pursuant to Chapter
17.58.
SECTION 3.
Subsection C of Section 17.34.020 of Title 17 is hereby added to the
Bakersfield Municipal Code to read as follows:
C. Farmers market; provided it is conducted on a paved surface, shall
not be operated more than two days per calendar week, has been certified by the Kern
County Agricultural Commissioner, and that adequate parking is available through joint,
shared or other arrangement as approved by the Planning Director pursuant to Chapter
17.58.
SECTION 4.
The following sections of Title 17 of the Bakersfield Municipal Code are
hereby repealed:
a)
Subsection B.2. of Section 17.25.040 with Subsections 3-5
renumbered to 2-4.
b)
Subsection A.2. of Section 17.26.040 with Subsections 3-7
renumbered to 2-6.
SECTION 5.
This ordinance shall be posted in accordance with the Bakersfield
Municipal Code and shall become effective thirty (30) days from and after the date of its
passage.
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
D£C 1 $ ~J~5 , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McgERMOTT, ROWI.ES, SUULIVAN, $ALVAGGIO
ABS'rAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED DEC 1 a ~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY of the City of Bakersfield
JE:p~farmers.ord
December 5, 1995
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 14th day of December, 1995
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3695, passed by the
Bakersfield City Council at a meeting held on the 13th day of
December, 1995, and entitled:
AN ORDINANCE ADDING SECTIONS 17.04.242,
17.24.020 (B.14.), AND 17.34.020 (C.),
REPEALING SECTIONS 17.25.040 (B.2.) AND
17.26.040 (B.2.) TO TITLE 17 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO FARMERS
MARKETS
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
DEPUTY City Clerk