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HomeMy WebLinkAboutORD NO 3060EMERGENCY ORDINANCE NO. 3060 NEW SERIES AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD PROHIBITING BARS AND LOUNGES OF SPECIFIC SIZE, LOCATION AND CHARACTER. WHEREAS, the Council of the City of Bakersfield intends that the Planning Commission of the City of Bakersfield and the Council shall study an amendment to Title 17 of the Bakersfield Municipal Code which would require that businesses occupying in excess of four thousand (4,000) square feet (gross) of any structure, serving alcoholic beverages on premises and providing live entertainment, amplified music, or permitting dancing, and located within five hundred (500) feet of residentially zoned property (measured between the closest boundary lines of the parcels) obtain a conditional use permit approved by the Board of Zoning Adjustment, regardless of the zone district in which such property is located; and WHEREAS, establishments serving alcoholic beverages normally remain open past midnight; and WHEREAS, persons utilizing facilities which serve alcoholic beverages are more likely to be under the influence of alcohol when leaving the business than those who do not serve alcoholic beverages; and WHEREAS, such persons under the influence of alcoholic beverages may disturb residential neighborhoods; and WHEREAS, such establishments in excess of four thousand (4,000) square feet (gross) could attract large crowds when serving alcoholic beverages and providing live entertainment, or amplified music or permitting dancing; and WHEREAS, as the result of a proposal to establish a business of such size, location, and character, which proposal is not subject to any discretionary review or opportunity for mitigation of potential adverse impacts, the Council finds that there is a current and immediate threat to the public health, safety, and welfare and that approval of a building permit for any such business would result in a threat to public health, safety and welfare; and WHEREAS, for the is an emergency (urgency) reasons set forth above, this ordinance ordinance in accordance with Section 24 of the Charter of the City of Bakersfield and Section 65858(a) of the California Government Code, and, unless extended pursuant to the provisions of the latter section, shall be of no further force and effect 45 days from the date of its adoption. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. No business occupying in excess of four thousand (4,000) square feet (gross) of any structure, serving alcoholic beverages on premises and providing live entertainment, amplified music or permitting dancing, and located within five hundred (500) feet of residentially zoned property (measured between the closest boundary lines of the parcels) shall be permitted in any zone district except pursuant to conditional use permit approved by the Board of Zoning Adjustment in accordance with the procedure prescribed in Chapter 17.64 of the Bakersfield Municipal Code. SECTION 2. This emergency, interim ordinance is a zoning ordinance; accordingly, businesses described above, operating on the effective date of this ordinance, are declared to be legal, non- conforming uses for such period as this ordinance is in effect. SECTION 3. This ordinance is declared to be an emergency ordinance pursuant to Section 24 of the Charter of the city of Bakersfield and shall become effective immediately upon its passage. .......... o0o .......... I HEREBY CERTIFY that the foregoing Emergency Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 16th day of July , 19 86, by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 16th day of July , 19 8--6 ~ h i sfield APPROVED as to form: (FITY A~RNEY of the City of Bakersfield AJS/bl 40.BAR 3 STATE OF CALIFORNIA t 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 July 24 , 19 86 , she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on July 16 , 19 86 , which ordinance was numbered 3060 New Series, and entitled: AN ORDINANCE OF THE COUNCIl, OF THE CITY OF BAKERSFIELD PROHIBITING BARS AND LOUNGES OF SPECIFIC SIZE, LOCATION AND CHARACTER. City Clerk Subscribed and sworn to before me this