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
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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