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HomeMy WebLinkAboutORD NO 3267EMERGENCY OP~DINANCE NO. 3267 NEW SERIES AN OP/)INANCE EXTENDING INTERIM EMERGENCY ORDINANCE NO. 3263 OF THE COUNCIL OF THE CITY OF BAKERSFIELD PROHIBITING THE ERECTION OR RELOCATION OF OFF-SITE ADVERTISING SIGNS, INCLUDING OUTuOOR ADVERTISING SIGNS. WHEREAS, the Council passed an Emergency Ordinance on November 15, 1989 prohibiting the erection or relocation of off- site signage, including outdoor advertising signage, and allowing noncommercial signage in all places where commercial signage is allowed; and WHEREAS, that Emergency Ordinance will expire on December 30, 1989, prior to the next scheduled Council meeting; and WHEREAS, the proliferation of offsite advertising signage, including outdoor advertising signage, poses a current and immediate threat to public health, peace, property and safety, and is having a negative impact on community aesthetics throughout the city; and WHEREAS, further proliferation in the city of such signage poses a threat to aesthetic values and may negatively impact traffic safety; and WHEREAS, the city wishes to preserve and improve the aesthetic character of the city and traffic safety; and WHEREAS, city wishes to allow noncommercial signage in all places where commercial signage is allowed, as required by the First Amendment to the United States Constitution; and .W74R. WF~AS, Section 65858 of the Government Code of the State of California permits the extension of an interim ordinance for up to ten (10) months and fifteen (15) days after notice and a public hearing; and WHEREAS, the consideration of whether to amend the zoning ordinance to prohibit the erection or relocation of offsite advertising signage, including outdoor advertising signage, has been referred to the Planning Commission for report and recommendation to the City Council within a reasonable time; and WHEREAS, the Planning Commission is currently considering an ordinance amending the sign ordinance to prohibit the erection or relocation of offsite advertising signage, including outdoor advertising signage and to allow noncommercial signage in every place where commercial signage is allowed, and will make its recommendation to the Council after holding a public hearing to consider such an ordinance; and WHEREAS, an extension of time not to exceed ten (10) months and fifteen (15) days is necessary to allow time for the Planning Commission to conclude its deliberations; and WHEREAS, it is hereby found that there is a current and immediate threat to the public health, peace, property and safety if offsite advertising signage, including outdoor advertising signage, is allowed to further proliferate within the city in conflict with the zoning proposal to be considered by the Planning Commission and City Council. NOW, THEREFORE, BE IT ORDAINEDby the Council of the City of Bakersfield as follows: SECTION 1. 1. The above recitals are true and correct. 2. Notwithstanding Chapter 17.60 of the Bakersfield Municipal Code, the erection or relocation of all offsite advertising signage, including outdoor advertising signage, is hereby prohibited. 3. In each instance and under the same conditions under which Chapter 17.60 permits any sign, except where prohibited by this emergency ordinance, a sign containing an ideological, political or other non-commercial message and constructed to the same physical dimensions and character shall be permitted. SECTION 2. Extension of Emergency Ordinance No. 3263 is necessary for the immediate preservation of public health, peace, property and safety, and shall be effective immediately upon its passage and shall remain in force and effect until November 15, 1990 or until another ordinance is adopted in its place. .......... o0o .......... - 2 - 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 December 13~ 1989 , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED December 13, 1989 CLARENCE E. ~RnDERS MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of B&kersfierd~ LCM/meg EXTEND-EO.ORD 12/4/89 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 15th day of December , 19~9 she posted on the Bulletin Board at City Hall, the following: ORDINANCE No.3267 City Council at a meeting held on the 13th and entitled: a. full, true and correct copy of , passed by the Bakersfield day of December , 1!)89 , t~_RGENCY ORDLNANCE No: 3267 New Series AN ORDINANCE EXT~DING IN'r~IM KMERGENCY ORDLNANCE NO. 3263 OF THE COUNCIL OF THE CITY OF BAKERSFIELD PROHIBITING THE ERECTION OR RELOCATIUN OF OFF-SITE ADVERTISING SIGNS INCLUDING OUTDOOR ADVERTISING SIGNS. NSAOPD /s/ CAROL WILLIAMS CITY CLERK of nhe City of BaKersfield BY:DEPUT~ City C~.rk