HomeMy WebLinkAboutORD NO 3105EMERGENCY ORDINANCE NO. 3105 NEW SERIES
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY
OF BAKERSFIELD AMENDING SECTION 17.24.020 B.31 OF
AND ADDING SECTIONS 17.24.020 B.49 AND 17.24.040 N.
TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO BARS
AND COCKTAIL LOUNGES.
WHEREAS, by Emergency Ordinance No. 3060 New Series,
adopted on July 16, 1986, the Council of the City of Bakersfield,
in accordance with Section 65858(a) of the California Government
Code, prohibited businesses in excess of 4,000 square feet serving
alcoholic beverages and providing live entertainment, amplified
music or permitting dancing, located within 500 feet of residen-
tially zoned property, in any zone except pursuant to conditional
use permit; and
WHEREAS, in accordance with the direction set forth in
the ~ecitals of the aforesaid ordinance, the Planning Commission
of the City of Bakersfield conducted a study of such prohibition;
and
WHEREAS, during the pendency of a hearing before the
Planning Commission on such matter, the City Council, by
Resolution No. 130-86, extended the aforesaid ordinance 10 months
and 15 days, in accordance with Section 65858(a) of the California
Government Code; and
WHEREAS, the Planning Commission concluded its public
hearing on the matter on June 4, 1987, and by its Resolution No.
20-87 recommended to this Council that, in lieu of the prohibition
set forth in Emergency Ordinance No. 3060 New Series, the Council
amend the Bakersfield Municipal Code to specify that restaurants,
cafes, bars and cocktail lounges selling alcoholic beverages are
permitted in the C-2 (Commercial) Zone provided that the areas of
the bar proper, including any dance floor, does not exceed 2,500
square feet if located within 500 feet of residentially zoned pro-
perty, and to specify that a conditional use permit is required
for such business where the area of the bar proper, including
dance floor, exceeds 2,500 square feet and is located within 500
feet of residentially zoned property; and
WHEREAS, the Planning Commission certified a Negative
Declaration for such amendments and recommended the same for adop-
tion by this Council; and
WHEREAS, Emergency Ordinance No. 3060 New Series will
expire July 15, 1987; and
WHEREAS, unless this ordinance is adopted as an emergency
ordinance~ there shall be a period of time between expiration of
Emergency Ordinance No. 3060 New Series and the effective date of
this ordinance, during which time the City may be required to
issue a permit for a business to be otherwise regulated by this
ordinance, without requiring a conditional use permit therefor;
and
WHEREAS, it is the finding of this Council that such
businesses constitute a threat to the health, peace, property and
safety of residents of residentially zoned property within 500
feet of such businesses, unless subject to review and regulated
pursuant to the conditional use permit process.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City
of Bakersfield as follows:
SECTION 1.
The Negative Declaration is hereby certified as adequate
and is adopted, and this ordinance constitutes the written report
of the Council specified in Section 65858(d) of the California
Government Code.
SECTION 2.
Section 17.24.020 B.31 of the Bakersfield Municipal Code
is hereby amended to read as follows:
17.24.020 Uses permitted.
B.31. Restaurant and cafes, including the sale of alco-
holic beverages, provided the area of the bar propers including
any dance floor, does not exceed two thousand five hundred square
feet if located within five hundred feet of residentially zoned
property (measured between the closest boundary lines of the
parcels).
SECTION 3.
Section 17.24.020 B.49 is hereby added to the Bakersfield
Municipal Code to read as follows:
17.24.020 Uses permitted.
B.49. Bars, cocktail lounges, or other establishments
selling alcoholic beverages for on-site consumption, provided the
area of the bar or lounge proper, including any dance floor, does
not exceed two thousand five hundred square feet if located within
five hundred feet of residentially zoned property (measured
between the closest boundary lines of the parcels).
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SECTION 4.
Section 17.24.040 N. is hereby added to the Bakersfield
Municipal Code to read as follows:
17.24.040 Uses permitted subject to conditional use
pe[~it.
N. Bars, cocktail lounges, or other establishments sell-
ing alcoholic beverages for on-site consumption, where the area of
the bar proper, including any dance floor, exceeds two thousand
five hundred square feet and such business is conducted on
property located within five hundred feet of residentially zoned
property (measured between the closest boundary lines of the par-
cels).
SECTION 5.
This ordinance is declared to be an emergency ordinance
pursuant to Sections 23 and 24 of the Charter of the City of
Bakersfield and shall become effective immediately upon its
passage.
.......... o0o ..........
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 July 1, 1987 , by the
following vote:
AYES: COUNCILMEMBERS: CHILDS, CHRISTENSEN, SMITH, RATTY, MOORE, BICKERSON, SALVAGGIO
NOES: COUNCiLMEMBERS:
ABSENT' COUNCILMEMBF_RS:
ABSTAINING: COUNCILMEMGERS
CITY and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED July 1, 1987
MAYOR of the City o~f Bakersfield
APPROVED as to form:
NEY of the City of Bakersfield
AJS/meg
E EMER 5
BARS.1
6/23/87
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STAT~ OF CALIFORNIAt 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 September 24 , 19 87 , 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 2 , 19 87 , which ordinance
was nmnbered 3].05 New Series, and entitled:
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY
OF BAKERSFIELD AMENDING SECTION 17.24.020 B.31 OF
AND ADDING SECTIONS 17.24.020 B.49 AND 17.24.040 N.
TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO BARS
AND COCKTAIL LOUNGES.
City Clerk