HomeMy WebLinkAboutORD NO 2648EMERGENCY ORDINANCE NO. 2648
NEW SERIES
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD AMENDING CHAPTER 13.28
OF THE MUNICIPAL CODE OF THE CITY OF BAKERS-
FIELD BY ADDING SECTION 13.28.120 RELATIVE
TO MOBILEHOMES IN R-1 ZONES.
WHEREAS, Government Code Section 65852.3 requiring that
local public agencies, including charter cities, not prohibit
the installation of specified mobilehomes on lots zoned for single
family dwellings becomes effective July 1, 1981;
WHEREAS, Health and Safety Code Section 18300(g) (3)
allows local public agencies to require permits for the use of
mobilehomes outside of mobilehome and trailer parks, subject, by
implication, to consistency with the public policy expressed in
Government Code Section 65852.3;
WHEREAS, establishment of the procedures set forth in
this ordinance prior to July 1, 1981, is necessary for considera-
tion of and enforcement of neighborhood consistency requirements,
the determination of which is specifically delegated to local
public agencies by Government Code Section 65852.3; and
WHEREAS, based upon the foregoing, this Council finds
and determines that this Emergency Ordinance is necessary for the
preservation of property.
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Bakersfield as follows:
SECTION 1.
13.28.120 is hereby
Section added to Chapter 13.28 of
the Bakersfield Municipal Code to read as follows:
13.28.120 Mobilehomes in R-1 Zones.
(a) Permit Required.
Upon the granting of a permit therefore by the City's
Building Director, and notwithstanding any other provision of this
code, mobilehomes certified under the National Mobilehome
Construction and Safety Standards Act of 1974 (42 U.S.C. Section
5401 et seq.) and installed on a foundation system pursuant to
Section 18551 of the Health and Safety Code shall be permitted
on lots within R-1 zones. Upon application therefor pursuant
to the provisions of Chapter 13.16 of this Title and payment
of applicable fees, the Building Director shall grant such
permit if, but only if, he makes the following findings:
(1) The lot upon which such mobilehome is to be
installed is determined to be compatible for such mobilehome
use. (For purposes hereof, it shall be conclusively presumed
that a lot is compatible if the roof overhang, roofing
materials, and siding materials (and extent thereof) conform
generally to and are in harmony with dwellings in the immediate
neighborhood of the lot.); and
(2) The applicant accepts as conditions of such
permit conditions that the proposed installation be made in
full compliance with all applicable provisions of state law,
including, but not limited to, the provisions of Health and
Safety Code Section 18551, and that such installation be
made in full compliance with each development standard to
which a conventional single family residential dwelling on
the same lot would subject to, including, but not limited
to, building setback standards, side and rear yard requirements,
standards for enclosures, access, and vehicle parking.
(b) Refusal of Permit - Appeal.
Whenever the Building Director withholds or
refuses to issue a permit required under this section, the
applicant for the permit may, within ten (10) days from the
date of the Building Director's decision, appeal such decision
to the Planning Commission. The Planning Director shall set
the matter for public hearing before the Planning Com~ission
and shall give notice of such hearing as prescribed i~
Section 16.16.060(c) (1) and (2) of this code. Upon such
hearing, the Planning Commission shall direct issuance of
such permit if, but only if, it makes the findings set forth
in Subsection (a), above. The decision of the Planning
Commission shall be final.
2 o
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.
.......... 000 ..........
I HEREBY CERTIFY that the foregoing Emergency Ordinance
was passed and adopted by the Council of
at a regular meeting thereof held on the
1981, by the following vote:
the City of Bakersfield
17th day of June
CITY CLERK a~nd E:( Officio Clerk of the
Council of the City of Bakersfield
APPROVED this 17th day of June
{~- ~ 1 y of akersfield
, 1981
APPROVED as to form:
~TTORNE~'of the Ci~' of Bakersfield
AfrOave! of r uan es
STATE OF CAILJFORNIA, t
County of Kern ss.
PHILIP KELMAR, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
June 18 ............
that o~ .............................................................................................................................,19 81 he posted on the Bulle/in Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
June 17
at a meeting thereof duly held on ............................................................................................, 19.~.~....., whieh ordin~e~
was numbered .........~..6...~.8 ................New Series, and entified:
AN EMERGENCY ORDINANCE OF THE COUNCIL OF TItE
CITY OF BAKERSFIELD AMENDING CHAPTER 13.28
OF THE MUNICIPAL CODE OF THE CITY OF BAKERS-
FIELD BY ADDING SECTION 13.28.120 RELATIVE
TO MOBILEHOMES IN R-1 ZONES.
/ Cit~y Clerk --'
Subscribed and sworn to before me this
18th day of June ,19 81