HomeMy WebLinkAboutORD NO 2761ORDINANCE NO.
2761 NEW SERIES
AN EMERGENCY ORDINANCE OF THE COUNCIL OF
THE CITY OF BAKERSFIELD ADDING SECTION
17.66.050 TO TITLE 17 OF THE BAKERSFIELD
MUNICIPAL CODE RELATIVE TO TEMPORARY USE
PERMITS.
WHEREAS, in administration and enforcement of the
City's land use zoning ordinance, the City must consider uses
which are subject to conditional use permits but which, due to
their temporary nature, do not justify utilization of the conditional
use permit process; nor should such process be applicable to such
temporary uses; and
WHEREAS, as a consequence of the temporary nature of
such uses, and as a result of the satisfaction of the requirements
of Section 17.66.050 D.3., below, the granting of permits for
temporary uses as defined herein are found by this City Council
not to substantially affect the property rights of owners of
adjacent parcels; and
WHEREAS, in the absence of a procedure for issuance of
permits for temporary uses, otherwise appropriate temporary uses
are not permitted in the City of Bakersfield, including one or
more such temporary uses presently proposed, and adoption of this
ordinance establishing a procedure therefor is appropriate for
the immediate preservation of property.
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Bakersfield as follows:
SECTION 1.
That Section 17.66.050 is hereby added to Title 17 of
the Bakersfield Municipal Code to read as follows:
17.66.050 Temporary Use Permits.
A. General. For purposes of this section, a "temporary
use" is a use which, except for the provisions of this Section,
would require a conditional use permit for the property upon
which such use is to be conducted, which use does not include
the use of or making of permanent improvements to real property
(except utility connections, where necessary), and which use
does not, together with any and all other temporary uses on such
property, exceed four (4) days in any calendar month on that
property or other property or properties by the same user within
a four hundred (400) yard radius of the property for which a
permit is granted. No person shall engage in a temporary use
without having first obtained a permit therefor as provided in
this Section o! in violation of the terms of such permit once
issued.
B. Application - Filing. An application for a permit for a
temporary use shall be filed with the Planning Director, in
writing and on a form provided by the City, and shall be accompanied
by payment of a fee determined and set by the City Council by
resolution.
C. Application - Contents. An applicant for a permit shall
submit the following information:
of
1. The full name,
the applicant;
2. The full name,
present address and telephone number
present address and telephone number
of the person
temporary use
applicant;
3.
the owner of,
or business which will operate and conduct the
upon issuance of a permit, if other than the
The name, present address and telephone number of
and person or business in lawful possession of, the
property upon which
authorization
4.
the temporary use is to be conducted, and
in writing from the same for the temporary use;
Description of the proposed temporary use;
5. Address of the property upon which the temporary
use is to be cc~nducted, and a site plan thereof specifying the
proposed location on site of the temporary use;
6. Dates and hours of operation of the proposed
temporary
use; and
7. Such other information as, in the opinion of the
Planning Director and upon his request, is necessary or appropriate
to the decision upon the application.
D. Issuance of Permit. Provided that the Planning Director
has received the completed application, and fee therefor, suf-
ficiently in advance of the dates of the proposed temporary use
to evaluate such proposed use and the relationship of such use to
the property upon which such use is to be conducted, he shall
issue such permit if he finds that:
1. The application is in order and is complete;
2. The proposed temporary use conforms to the definition
of such use as set forth in subsection A. of this Section;
3. The proposed temporary use poses no significant
problem as to public health, safety or convenience, including,
but not limited to, traffic and pedestrian safety, parking,
sanitation, noise, crowd or dust control, and the peaceful enjoyment
of their properties by occupants of adjoining and nearby properties,
or such potential problems are solved by conditions imposed by
the Planning Director upon the issuance of such permit;
E. Business License. Upon ~ssuance of a temporary use
permit, the permittee shall provide a copy thereof to the City
Finance Department and shall apply for issuance of a business
license for the business.
F. Appeal. The granting, either with or without conditions,
or the denial of an application for a temporary use permit shall
be final unless, within ten (10) days of the mailing to the
applicant of notice of the Planning Director's decision on the
application, the applicant appeals therefrom in writing to the
City Council by presenting such appeal in writing to the City
Clerk. Such appeal shall be accompanied by payment of a fee
determined and set by the City Council by resolution. The procedures
set forth in Section 17.64.080 B., C., D. and E. shall apply to
such appeal. The decision of the City Council shall be final.
G. Exemption From Site Plan Review. The consideration of
and issuance of ~ermits pursuant to this Section shall not be
subject to the provisions of Chapter 17.53 of this Code.
H. Duration of Section. This Section, and each and every
temporary use permit issued hereunder, shall remain in effect
only until January 21, 1983, and as of such date is repealed,
unless a later enacted ordinance deletes or extends such date.
SECTION 2.
This ordinance is an Emergency ordinance within the
meaning of Section 24 of the City Charter and is to take effect
upon passage by the City Council.
......... o(}o .........
I HEREBY CERTIFY
and adopted by the Council of the City of Bakersfield
meeting thereof held on the 21sf day of July
the following vote:
that the foregoing Ordinance was passed
at a regular
, 1982, by
AYES COUJ'4CILMEN: BARTON, CHRISTENSEN, MEANS, PAYNE, PATTY,
CITY CLERK a~d Ex ~fficio Clerk of
Council of the City of Bakersfield
the
APPROVE~.~ithis 21st day of July
HA¥OR//~f the C~t¥ of Bnkersf~eld
/
, 1982
APPROVED as to form:
CITC ATTORNE~o~ ' y of Bakersfield
AJS:mm
5/14/82
5/28/82
6/24/82
6/30/82