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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