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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). - 2 - 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 - 4 - 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