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HomeMy WebLinkAboutORD NO 3301EMERGENCY ORDINANCE NO. 3301 AN INTERIM EMERGENCY ORDINANCE OF THE COUNCIL OF TH~ CITY OF BAKERSFIELD ADOPTING NEGATIVE DECLARATI(~ AND AMENDING SUBSECTION B. OF SECTION 17.18.020 AND ADDING SUBSECTION C. TO SEUT-ON 17.18.025 OF THE BAKEI~SFI~r.~ MUNICIPAL CODE RELATING TO RESIDEN- TIAL FACILITIES IN R-4 (MULTIPLE FAMILY DWELLING) ZONES. WHEREAS, the permitted uses in the R-4 (Multiple family dwelling) zone include such uses as residential facilities as defined in Section 1502 of the California Health & Safety Code; and WHEREAS, while residential facilities serving six or fewer persons must be considered a residential use of property, those facilities serving a larger population are incompatible with residential uses of property; and WHEREAS, the indiscriminate development of large residential facilities in residential zones poses a threat to the quality of the residential neighborhoods; 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, federal law prohibits requiring a conditional use permit for groups of people with disabilities to locate in residential zones where the same number of people in a family would be permitted to locate without such a permit; and WHEREAS, the matter of appropriate zoning regulations for residential facilities in residential zones will be referred to the Planning Commission for consideration, report and recommendation to the City Council within a reasonable time; and W~R.~EAS, the Planning Department has conducted an Initial Environmental Study of the ordinance and found they 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 July 25, 1990, to consider adoption of a Negative Declaration; and WHEREAS, said ordinance shall expire on September 8, 1990 unless extended by the City Council; and WHEREAS, it is hereby found that there is a current and immediate threat to the public welfare if residential facilities housing more than 12 residents are established in residential zones in conflict with the zoning proposals to be considered by the Planning Commission and City Council. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. The Negative Declaration is hereby certified as adequate and adopted. SECTION 2. Subsection B. of Section 17.18.020 of the Bakersfield Municipal Code is hereby amended as follows: 17.18.020 Permitted uses. The following uses are permitted in an R-4 zone: B. Residential facilities, as defined in Section 1502 of the Health & Safety Code of the State of California, housing 6 or fewer persons; residential facilities housing groups of people with disabilities as required to be permitted by federal law; multiple-family dwellings; apartment houses; apartment hotels; churches; schools, elementary or high; roominghouses; institutions of educational, philanthropic or charitable nature; home occupations; lodge halls; and private clubs, excepting clubs the chief activity of which is a service customarily carried on as a business; SECTION 3. Subsection C. is hereby added to Section 17.18.025 of the Bakersfield Municipal Code to read as follows: 17.18.025 Uses ~ermitted subject to conditional use ~ermit. C. Residential facilities, as defined in Section 1502 of the Health & Safety Code of the State of California, housing 6 or more persons, except for such facilities housing people with disabilities as must be permitted by federal law. SECTION 4. This Emergency Ordinance is necessary for the immediate preservation of public health, property and safety, and shall become effective immediately upon its passage. .......... o0o .......... 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 JUk ~ 5 lqq~ , by the following vote: AYES: COUNCILMEMSERS: EDWARDS. DeMOND. SMITH, SRUNNI, PETERSON. McDERMOTT, SALVAGGIO NOES. COUNCILMEMBERS: ABSENT COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS' ASSISTANT CITY CLERK and Ex OffiCio Clerk of the Council of the City o~'~akersfield APPROVED JUL 2 5 1990 CLaREnCE E. MAYOR of the City of Bakersfield APPROVED as to fo[m: ARTHUR J. SAALFI~LD- - CITY ATTORNEY of the City of Bakersfield LCM/meg EMER-R-4.ORD 7/23/90 MEMORANDUM INFO]~MATION ONLY JULY 18, 1990 MAYOR M~DDERS AND MEMBERS OF THE CITY ODUbTCIL FROM~J~ HARDISTY, ~NG DIRECIOR SUBJECT: PROPERTY HISTORY FOR THE PROPERTY KNOWN AS THE SHADY MANDR CONVALESC]~C I~DSPITAL AT 2901 SOUTH H ~r~'r This information is being provided in connection with the proposed extenJ- sion of the emergency ordinance requiring a conditional use permit for res- idential care facilities serving seven or more persons. Records indicate that the subject property was annexed into the city in 1967 with an R-4 zoning designation. The convalescent home was in opera- tion at the time. In November of 1967 an application was filed for a conditional use permit to allow the construction of approximately 10,000 square feet. This would allow the facility to have 70 beds. The O3P was approved with conditions. Available records do not indicate how many beds existed at the time the application was su3~mitted. Records indicate that the business license for the facility (license No. 17328) expired June 30, 1983 and was not renewed. SG:pjt m/mcc2 PROPOSED NEGATIVE DECLARATION NO. 2798 Our File No. Emergency Ordinance No. 3291 Name and address of Sponsor(s) City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 of Project: 2. Location of Project: City-wide Description of Project as Proposed: Extending Emergency Ordinance No. 3291 of the Council of the City of Bakersfield requiring a conditional use permit for residential facilities as defined in Section 1502 of the Health and Safety Code which serve seven (7) or more persons in R-4 zones. The undersigned, having considered the matters provided in City Council Resolution No. 107-86, City of Bakersfield does hereby find and determine that the above described project will not have a significant effect on the environment. The Initial Study (refer to Appendices "H" and which comprises part of the Negative Declaration, may be inspected at the Office of the Planning Director at City Hall, 1501 Truxtun Avenue; Bakersfield, California. Any member of the public is invited to provide comments on the proposed action, in writing, on or before the 25th day of July, 1990, at the above office. City Council consideration of the Negative Declaration is scheduled for July 25, 1990. Dated: June 25, 1990 Posted: June 25, 1990 JACK HARDISTY Planning Director p/ndeo 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 30th day of July , 19 90 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. City Council at a meeting held on the and entitled: 33Q1 , passed by the Bakersfield 25th day of July , 1990 , CAROL WILLIAMS CITY CLERK of the City of DEPUTY City Clerk Bakersfield NSAOPD