HomeMy WebLinkAboutORD NO 3223EMERGENCY ORDINANCE NO. 3223 NEW SERIES
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD REQUIRING A CONDITIONAL
USE PERMIT (CUP) FOR THE ESTABLISHMENT OR
RE-ESTABLISHMENT OF LIVING OR SLEEPING
QUARTERS IN THE REDEVELOPMENT PROJECT AREA.
WHEREAS, the housing section of the Redevelopment Element
of the general plan of the City of Bakersfield sets forth housing
programs aimed at increasing housing opportunities for every seg-
ment of the community in the central city; and
WHEREAS, the Redevelopment Element delineates various
districts within which specific types of land uses and activities
are encouraged; and
WHEREAS, different types of living accommodations are
promoted depending on the planned character of each district; and
WHEREAS, the urban commercial districts are the least
conducive to living; and
WHEREAS, the urban residential districts are the most
favorable living areas; and
WHEREAS, special care should be exercised in the permit-
ting of facilities to be inhabited in the Redevelopment Project
Area which is primarily urban commercial; and
WHEREAS, indiscriminate mixture of residential and com-
mercial uses would jeopardize the integrity and possible success
of the Redevelopment Element; and
WHEREAS, the indiscriminate development of
quarters would pose a threat to the quality of both
tial and commercial districts; and
residential
the residen-
WHEREAS, the predominant zoning of the Redevelopment
Project Area is C-2 (Commercial) and C-1 (Limited Commercial); and
WHEREAS, C-1 and C-2 zoning permit all uses also permitted
in R-l, R-2, R-3 and R-4 zones; and
WHEREAS, said zones include, among other uses such resi-
dential uses as hotels, motels, apartments and group dwellings; and
WHEREAS, Section 65858 of the Government Code of the
State of California permits the adoption as an urgency measure an
interim ordinance prohibiting any use which may be in conflict
with a contemplated zoning proposal; and
WHEREAS, the matter of appropriate zoning regulations for
living and sleeping quarters in the Redevelopment Project Area
will be referred to the Planning Commission for consideration,
report and recommendation to the City Council within a reasonable
time; and
WHEREAS, it is hereby found that there is a current and
immediate threat to the public welfare if living quarters are
established or re-established in the Redevelopment Project Area in
conflict with the zoning proposals to be considered by the
Planning Commission, Central District Development Agency and City
Council; and
WHEREAS, there are unreinforced masonry buildings in the
Redevelopment Project Area which might be occupied as living or
sleeping quarters or may be adjacent to buildings which might be
occupied as living or sleeping quarters, and which may create a
dangerous condition.
NOW, THEREFORE BE IT ORDAINED by the Council of the City
of Bakersfield as follows:
SECTION 1.
Notwithstanding Chapters 17.22 and 17.24 or any other
provision of Title 17 of the Bakersfield Municipal Code, residen-
tial units, hotels, motels, apartments or other living or sleeping
quarters shall not be established or re-established (having been
vacant more than one year) within the Redevelopment Project Area
except by Conditional Use Permit.
SECTION 2.
This Emergency Ordinance is necessary for the immediate
preservation of public health, property and safety, and shall
become effective immediately upon its passage.
.......... o0o ..........
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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 April 26, 1989
by the following vote: '
AYES: COUNCILMEMBERS: ~ DeMt:INI~, SMITH, RAT~ PETrqSON, McOERMOTI' ~;ALYAGG~O
NOES: COUNCILMEMBERS. ' None
al~E NT: COUNC;LMEMBERS: None
ABSTAINING: COUNCILMEMBERS: None_.. . _,. ..
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
CLARENCE E.
April 26, 1989
MAYOR of the City of Bakersfield
APPROVED as to form:
[TY T~/R~EY oUhe City of Bakersfield
AJ$/meg
O ORD 4
EO.REDEV1
4/20/89
AF~£DAVIT OF POSTING DOCUMENTb
. . . . . . · , · . . . . . · . · · .
STATE OF CALIFORNIA)
) 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 the 4th day of May , 19 89 she
posted on the Bulletin Board at City Hall, a full, true and correct copy of
the following: Ordinance No. 3223 , passed by the Bakersfield
City Council at a meeting held on the 26th day of ADril , 19 89 ,
and entitled:
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD
REQUIRING A CONDITIONAL USE PERMIT (CUP) FOR THE ESTABLISHMENT
OR RE-ESTABLISHMENT OF LIVING OR SLEEPING QUARTERS IN THE
REDEVELOPMENT PROJECT AREA.
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk