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.
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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