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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 .......... - 2 - 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