HomeMy WebLinkAboutORD NO 3288EMERGENCY ORDINANCE NO. 3 2 8 8
AN EMERGENCY ORDINANCE OF THE COUNCIL OF
THE CITY OF BAKERSFIELD ADOPTING NEGATIVE
DECLARATION AND EXTENDING EMERGENCY ORDI-
NANCE NO. 3227 NEW SERIES.
WHEREAS, the housing section of the Redew~lopment 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
mercial uses would jeopardize the integrity
of the Redevelopment Element; and
residential and com-
and possible success
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 Council of the City of Bakersfield adopted
Emergency Ordinance No. 3223 New Series on April 26, 1989 and
adopted Emergency Ordinance No. 3227 New Series on May 31, 1989,
pursuant 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, sai~ ordinance shall expire on April 26, 1990,
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 one (1) year; and
WHEREAS, staff is in the process of developing the
Redevelopment Element of the 2010 Plan, and an updated Housing
Element for approval by the Planning Commission and the City
Council; and
WHEREAS, both elements will address such issues as the
compatibility of residential uses in an area that is primarily
urban commercial, including all hotels, motels, apartments, and
group dwellings within the Redevelopment Area; and
WHEREAS, it is anticipated that both the housing compo-
nent of t~e Redevelopment Element and the Housing Element will be
completed prior to April 1991; and
WHEREAS, notice of a public hearing to be conducted on
March 21, 1990, 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 March 21, 1990, to
consider adoption of a Negative Declaration; and
WHEREAS, the City Council has conducted its public hearing
on March 21, 1990, to consider extension of Emergency Ordinance
3227 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. 3227 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. 3227 New Series is hereby
extended an additional 1 year from April 26, 1990,
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
.......... 000 ..........
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 APR ~ 8 %9§0 ,
by the following vote:
AYES; COUNCILMEMBERS: EDWARDS. OeMOND, SMITH. BRUNNI, PETERSON, ,~;..3.:.',,;;3,'~, SALVAGGI0
~OES: COUNCiLMEMBERS:
ABSENT COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS'
CITY CLERK and Ex Of~Uicio Clerk of the
Council of the City of Bakersfield
APPROVED APR 1 8 1990
~.ARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LcCITY A~Y/~'iM/meg (-/ t~ of Bakersfield
O ORD 4
EO.CUP1
3/13/90
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)
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 24th day of April , 1990 she
posted on the Bulletin Board at City Hall, a
the following: Emergency Ordinance No. 3288
City Council at a meeting held on the 18th
and entitled:
full, true and correct copy of
, passed by the Bakersfield
day of April , 1990 ,
CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk
NSAOPD