HomeMy WebLinkAboutRES NO 130-86 RESOLUTION NO. 130-86
A RESOLUTION OF THE COUNCIL OF THE CITY
OF BAKERSFIELD ADOPTING NEGATIVE
DECLARATION AND EXTENDING EMERGENCY
ORDINANCE NO. 3060 NEW SERIES.
WHEREAS, the Council of the City of Bakersfield adopted
Emergency Ordinance No. 3060 New Series on July 16, 1986 pursuant
to Section 24 of the Charter of the City of Bakersfield and
Section 65855(a) of the California Government Code; and
WHEREAS, said ordinance prohibits businesses occupying in
excess of four thousand (4,000) square feet (gross) of any struc-
ture, serving alcoholic beverages on premises and providing live
entertainment, amplified music or permitting dancing, and located
within five hundred (500) feet of residentially zoned property
(measured between the closest boundary lines of the parcels)
unless they first obtain a conditional use permit approved by the
Board of Zoning Adjustment; and
WHEREAS, said ordinance shall expire on August 30, 1986
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 ten (10) months and fifteen
(15) days; and
WHEREAS, notice of a public hearing to be conducted on
August 27, 1986 to consider an extension of said ordinance has
been duly posted and published; and
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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 environ-
ment 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 August 27, 1986, to
consider adoption of a Negative Declaration; and
WHEREAS, the Planning Commission of the City of Bakersfield
has opened its public hearing on the ordinance and continued the
matter for further study; and
WHEREAS, the Planning Commission and City Council will
require several months of study and hearing before a final ordi-
nance will be adopted; and
WHEREAS, the City Council has conducted its public hearing on
August 27, 1986, to consider extension of Emergency
Ordinance 3060 New Series and the Negative Declaration; and
WHEREAS, the City Council considered all testimony offered at
said hearing.
NOW, THEREFORE, BE IT RESOLVED that:
1. The Negative Declaration is hereby certified as
adequate and adopted; and
2. Emergency Ordinance No. 3060 New Series shall be
extended an additional 10 months and 15 days from
August 30, 1986, unless otherwise superseded by subse-
quent ordinances.
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I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 27th day of August, 1986, by the fol-
lowing vote:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
Approved this 27th day of August, 1986
Bakersfield
Approved as to form:
Mayor of
the City of
C~t'9 of V Bakersfield
4.' RES-3060, ljc
City Attorney of the
PROPOSED
NEGATIVE DECLARATION
AND
NOTICE OF PUBLIC HEARING
NO. 2275
Our File No.
1. Name and address of Sponsor(s) of Project:
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
2. Location of Project: City-wide Ordinance
Description of Project as Proposed: An ordinance requiring
businesses over 4,000 sq. ft. serving alcoholic beverages and
providing live entertainment, amplified music and dancing
within 500 ft. of residentially zoned property to obtain a
Conditional Use Permit.
4. 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 "I")
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 27th day of August, 1986, at the
above office. A public hearing for the proposed pro-
ject will be held before the City Council of the City
of Bakersfield at 7 p.m., on the 27th day of August,
1986, in the Council Chamber of City Hall to receive
input from the public on the proposed Negative
Declaration for the proposed project.
Dated: August 11, 1986 Posted: August 15, 1986