Loading...
HomeMy WebLinkAboutORD NO 3174ORDINANCE NO. 3174 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING SECTIONS 17.04.285, 17.18.025 B., 17.22.030 V., 17.24.040 0., AND 17.28.030 N., AND AMENDING SECTION 17.30.030 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO FOOD AND/OR SHELTER SERVICE AGENCIES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 17.04.285 is hereby added to Chapter 17.04 of the Bakersfield Municipal Code to read as follows: 17.04.285 Food and/or shelter service agency. "Food and/or shelter service agency" means any business, whether or not for profit, not operated by the city, county, state, or federal government, and not deemed a "residential use of property" under state law applicable to charter cities, which regularly provides lodging and/or food services providing shelter, food and/or day care free, or intentionally below cost, three or more days per week to persons in need of such assistance.. For purposes of this title, the term "food and/or shelter service agency" does not include any incorporated entity providing food or shelter during any duly proclaimed emergency. SECTION 2. Section 17.18.025 B. is hereby added to the Bakersfield Municipal Code to read as follows: 17.18.025 Uses permitted subject to conditional use permit. B. Food and/or shelter service agencies as defined in Section 17.04.285. SECTION 3. Section 17.22.030 V. is hereby added to the Bakersfield Municipal Code to read as follows: 17.22.030 Uses permitted subject to conditional use permit. V. Food and/or shelter service agencies as defined in Section 17.04.285. SECTION 4. Section 17.24.040 O. is hereby added to the Bakersfield Municipal Code to read as follows: 17.24.040 Uses permitted subject to conditional use permit. O. Food and/or shelter service agencies as defined in Section 17.04.285. SECTION 5. Section 17.28.030 N. is hereby added to the Bakersfield Municipal Code to read as follows: 17.28.030 Uses permitted subject to conditional use permit. N. Food and/or shelter service agencies as defined in Section 17.04.285. SECTION 6. Section 17.30.030 is hereby amended to read as follows: 17.30.030 Uses permitted subject to conditional use permit. The following uses may be permitted subject to a condi- tional use permit in an M-2 zone in accordance with the proce- dures provided for in Chapters 17.64 and 17.66: A. Acid manufacture; B. Ammunition manufacture; C. Cement, lime, gypsum or plaster of manufacture; D. Chemical manufacture; E. Curing, tanning and storage of F. Dairies and livestock feeding yards; G. Distillation of bones; H. Drop forge industries manufacturing power hammers; Paris raw hide or skins; forgings with - 2 - I. Dumps and refuse disposal areas; J. Explosives, manufacture or storage; K. Fat rendering; L. Feed and fuel yards; M. Fertilizer manufacture; N. Food and/or shelter service agencies as defined in Section 17.04.285; O. Garbage, offal or dead animal reduction or dumping; P. Gas manufacture; Q. Gelatin or size manufacture; R. Glucose or dextrine manufacture; S. Glue manufacture; T. Nonmineral oil extraction plants; U. Oil extraction plants; V. Petroleum refining; W. Poultry and rabbit raising, slaughter; X. Sewer farms or sewage disposal plants; Y. Smelting of tin, copper, zinc or iron ores; Z. Stockyards and animal slaughter; AA. Scrap metal yards, junkyards; BB. Wineries. SECTION 7. This ordinance shall be posted in accordance with the City charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... 000 .......... - 3 - 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 Auqust 31, 1988 by the following vote. AYES: COUNCILMEHDERS: CHILDS, OeMtJND, SMITH, R~,TrY, PET~CON, McDERMOT[ ~,~L~AG(~IO NOES: COUNCILMEMP~ERS: None _ ASSENT: COUNCILMEMFERS None ABSTAINING: COUNCILMEMBERS: None CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED Auqust 31, 1988 MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTOI LCM/meg O ORD 5 SHELTER.1 9/06/88 Bakersfield - 4 - RESOLUTION NO. 34-88 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD RECOMMENDING ADOPTION OF AN ORDINANCE ADDING SECTIONS 17.04.285, 17.18.025 B., 17.22.030 V., 17.24.040 O., AND 17.28.030 N., AND AMENDING SECTIONS 17.30.030 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO FOOD AND/OR SHELTER SERVICE AGENCIES. WHEREAS, the City Council of the City of Bakersfield received communication from the Downtown Business Association on January 14, 1987, in support of a proposed Social Service Agency Ordinance, and such proposed ordinance was referred to the Planning Commission for study and recommendation; and WHEREAS, the first draft ordinance of the proposed Social Service Agency was referred to the Planning Commission for study and review on February 19, 1987, and the Planning Commission referred the matter to its Zoning Ordinance Committee; and WHEREAS, a public hearing was held to review such draft ordi- nance on February 4, 1988, after which the Planning Commission referred the ordinance back to the Zoning Ordinance Committee for further review; and WHEREAS, the Zoning Ordinance Committee held a subsequent work-- shop on February 10, 1988, and at its conclusion the public was invited to prepare their comments on the ordinance in writing and submit them to staff by March 11, 1988, for review by staff and presention to the Zoning Ordinance Committee for consideration; and WHEREAS, a duly noticed public hearing was held on May 19, 1988, to review the second draft of the proposed ordinance that responded to the public comments received by staff; and -1- WHEREAS, the Planning Commission considered a Negative Declaration prepared for use in reviewing the proposed ordinance, and considered all other matters brought before it said hearing concerning the proposed ordinance; at and WHEREAS, the Planning Commission finds the proposed ordinance to be consistent with the purpose and intent of the Zoning Ordinance and the General Plan; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION that it is hereby recommended that the City Council adopt said Negative Declration and an ordinance adding Sections 17.04.285, 17.18.025 B., 17.22.030 V., 17.24.040 O., 17.30.030 N., and amending Section 17.30.030 of the Bakersfield Municipal Code relating to food and/or shelter service agencies, as follows: SECTION 1. Section 17.04.285 is hereby added to Chapter 17.04 of the Bakersfield Municipal Code to read as follows: 17.04.285 Food and/or shelter service agency. "Food and/or shelter service agency" means any business, whether or not for profit, not operated by the city, county, state, or federal government, and not deemed a "residential use of property" under state law applicable to charter cities, which regularly provides lodging and/or food services providing shelter, food and/or day care free, or intentionally below cost, three or more days per week to persons in need of such assistance. For purposes of this title, the term "food and/or shelter service agency" does not include any incorporated entity providing food or shelter during any duly proclaimed emergency. SECTION 2. Section 17.18.025 B. is hereby added to the Bakersfield Municipal Code to read as follows: 17.18.025 Uses permitted subject to conditional use permit. B. Food and/or shelter service agencies as defined in Section 17.04.285. -2- SECTION 3. Section 17.22.030 V. is hereby added to the Bakersfield Municipal Code to read as follows: 17.22.030 Uses permitted subject to conditional use permit. V. Food and/or shelter service agencies as defined in Section 17.04.285. SECTION 4. Section 17.24.040 O. is hereby added to the Bakersfield Municipal Code to read as follows: 17.24.040 Uses permitted subject to conditional use permit. O. Food and/or shelter service agencies as defined in Section 17.04.285. SECTION 5. Section 17.28.030 N. is hereby added to the Bakersfield Municipal Code to read as follows: 17.28.030 Uses permitted subject to conditional use permit. N. Food and/or shelter service agencies as defined in Section 17.04.285. -3- SECTION 6. Section 17.30.030 is hereby amended to read as follows: 17.30.030 Uses permitted subject to conditional use permit. The following uses may be permitted subject to a condi- tional use permit in an M-2 zone in accordance with the proce- dures provided for in Chapters 17.64 and 17.66: A. B. C. Acid manufacture; Ammunition manufacture; Cement, lime, gypsum or plaster of Paris manufacture; D. Chemical manufacturer E. Curing, tanning and storage of raw hide or skins; F. Dairies and livestock feeding yards; G. Distillation of bones; H. Drop forge industries manufacturing forgings with power hammers; I. Dumps and refuse disposal areas; J. Explosives, manufacture or storage; K. Fat rendering; L. Feed and fuel yards; M. Fertilizer manufacture; N. Food and/or shelter service agencies as defined in Section 17.04.285; O. Garbage, offal or dead animal reduction or dumping; P. Gas manufacture; Q. Gelatin or size manufacture; R. Glucose or dextrine manufacture; S. Glue manufacture; T. Nonmineral oil extraction plants; -4- U. Oil extraction plants; V. Petroleum refining; W. Poultry and rabbit raising, slaughter; X. Sewer farms or sewage disposal plants; ¥. Smelting of tin, copper, zinc or iron ores; Z. Stockyards and animal slaughter; AA. Scrap metal yards, junkyards; BB. Wineries. I HEREBY CERTIFY THAT THE foregoing Resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting thereof held on the 19th day of May, 1988, by the following roll call vote: AYES: Commissioners Bjorn, Cohn, Gronbeck, Milazzo, Weaver NOES: None ABSENT: Commissioners Jarrett, Patrick DATED: May 19, 1988 PLANNING COMMISSION OF THE CITY OF BAKERSFIELD JACK , Secretar Planning Director 4:RES.S.SVC -5- AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALI FORN I A) ) County of Kern) ss. 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 6, , 19 88 , she posted on the Bulletin Board at City Hall, Ord±nance The Bakersfield City Council a full, true and correct copy of the following: , No. 3174 , passed by at a meeting held on August 31, 1988 , and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING SECTIONS 17.04.285, 17.18.025 B., 17.22.030 V., 17.24.040 0., ~D 17.28.030 N., AND k~NDING SECTION 17.30.030 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO FOOD AND/OR SHELTER SERVICE AGENCIES. /s/ CAROL WILLIAMS CITY CLERK ~of the ~ity of Bakersfield By: /[ ~'k DEPUTY Ci,~ ~C ,/ AOPNS