HomeMy WebLinkAboutORD NO 3227EMERGENCY ORDINANCE NO. _ 3227_ NEW SERIES
AN EMERGENCY ORDINANCE OF THE COUNCIL OF
THE CITY OF BAKERSFIELD ADOPTING NEGATIVE
DECLARATION AND EXTENDING EMERGENCY ORDI-
NANCE NO. 3223 NEW SERIES.
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 residential
quarters would pose a threat to the quality of both the residen-
tial and commercial districts; and
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 Council of the City of Bakersfield adopted
Emergency Ordinance No. 3223 New Series on April 26, 1989 pursu-
ant to Section 24 of the Charter of the City of Bakersfield and
Section 65858(a) of the California Government Code; and
WHEREAS, said ordinance prohibits the establishment or
re-establishment of residential units, hotels, motels, apartments
or other living or sleeping quarters within the Redevelopment
Project Area unless a conditional use permit for such use is first
approved by the Board of Zoning Adjustment;
WHEREAS, said ordinance shall expire on June 10, 1989,
unless extended by the City Council; and
WHEREAS, after notice pursuant to Section 65090 of the
California Government Code and public hearing, the City Council
may extend the interim ordinance for ten (10) months and fifteen
(15) days; and
WHEREAS, the Planning Commission and the Central District
Development Agency of the City of Bakersfield have commenced a
program to coordinate the review and adoption of an ordinance
regulating residential uses downtown; and
WHEREAS, the Planning Commission, Central Distriot
Development Agency and City Council will require several months
of study and hearing before a final ordinance will be ready for
adoption; and
WHEREAS, notice of a public hearing to be conducted on May
31, 1981, to consider an extension of said ordinance has been duly
posted and published; and
WHEREAS, the Development Services Department has conducted
an Initial Environmental Study of the ordinance and its extension
and found it will not have a significant effect on the environment
and has accordingly proposed a Negative Declaration be adopted for
this project; and
WHEREAS, notice has been duly given and posted that the
City Council would also conduct its hearing on May 31, 1989, to
consider adoption of a Negative Declaration; and
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WHEREAS, the City Council has conducted its public hearing
on May 31, 1989, to consider extension of Emergency Ordinance 3223
New Series and adoption of the Negative Declaration; and
WHEREAS, the City Council considered all testimony offered
at said hearing; and
WHEREAS, passage of this ordinance is necessary for the
immediate preservation of public health, property and safety for
those reasons delineated hereinabove and in Ordinance No. 3223 New
Series.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Bakersfield as follows:
The Negative Declaration is hereby certified as
adequate and adopted; and
Emergency Ordinance No. 3223 New Series is hereby
extended an additional 10 months and 15 days from
June 10, 1989, unless otherwise superseded by
subsequent ordinances.
SECTION 2.
This Emergency Ordinance is necessary for
preservation of public health, property and safety,
become effective immediately upon its passage.
the immediate
and shall
.......... 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 May 31, 1989
by the following vote: ,
AYES: COUNCILMEMIBERS: ANTHONY, Oe~o~.~,~ MiTH.~ PETERSON, McDERMOTT. SALVA~,GIC
NOES: COUNCILMEMBERS:
ABSENT: COU NC~LI~.I E ,~l~- ~: Ratty
ABSTAIN: COUNCILM~.~ $F. ~$.. NoIle
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED May 31, 1989
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
O ORD 4
EO.CUP1
5/25/89
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CITY COUNCIL PROGRESS REPORT
RE: Ordinance Requiring Conditional Use Permits for Living and Sleeping
Quarters Downtown
The City of Bakersfield's General Plan Redevelopment Element is currently
in the process of being updated. At this time the Housing Component of the
element is approximately 15 percent complete.
Existing programs such as the Lessee Loan Maintenance Assistance,
Multi-Family Housing Bond, Acquisition Assistance for middle income, tech-
nical assistance, and single room occupancy are being evaluated by the
Central District Development Agency's (CDDA), Housing, Relocation, and
Communications Committee. A 14-member citizen planning group is also
involved in the element's update including the Housing Component.
This update process is necessary as a part of the deliberations dealing
with the preparation of the ordinance addressing housing within the rede-
velopment area.
The review and update of the Redevelopment Element requires extensive dis-
cussion by the many interested parties. As a result of the need for dia-
logue among the CDDA, the Planning Commission, the Redevelopment Advisory
Committee, and other Community Groups (Downtown Business Association, Board
of Realtors etc.), it is anticipated that the update will be completed by
November, 1989 with action by the CDDA, scheduled for early 1990.
4: CPR
AFFIDAVIT OF POSTING DOCUMENTS
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 12t_____~h day of June 1989
· ~ She
pOSted on the Bulletin Board at City Hall· a full· true and Correct copy of
the following: EMERGENCY ORDINANCE No. 3227
~ ~ , passed by the Bakersfield
City Council at a meeting held on the _ 31th day of
and entitled: -- ~, 19.~9 ,
AN EMERGENCy ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD
ADOPTING NEGATIVE DECLARATION AND EXTENDING EMERGENCY ORDINANCE
NO. 3223 NEW SERIEs.
NSAOPD
~-ITY CLERK of the-City of Bakersfiel<~
BY:D ;UT~~ ~er~~, ~ ~--~