HomeMy Public PortalAboutOrdinance 769ORDINANCE NO.
769
8/27/97
AN URGENCY ORDINANCE OF THE
CITY OF BEAUMONT, CALIFORNIA,
ENACTED PURSUANT TO THE CITY'S POLICE POWER
TEMPORARILY PROHIBITING THE ISSUANCE OF USE PERMITS
FOR HOSPITALS, NURSING HOMES AND GROUP HOMES FOR THE
TREATMENT OF GENERAL HOSPITAL OR NURSING HOME PATIENTS,
AND FOR THE PSYCHIATRIC CARE AND TREATMENT OF PATIENTS,
BOTH INPATIENT AND OUTPATIENT
WHEREAS, pursuant to Section 17.70.100 of the Beaumont
Municipal Code, hospitals, nursing homes and health facilities for
inpatient and outpatient psychiatric care and treatment are
permitted in any zone classification upon issuance of a Public Use
Permit;
WHEREAS, the City Council has been informed and advised that
such uses of property in residential zones of the City has created
substantial and continuing land use conflicts. Specifically, as
the result of the operation of facilities for the psychiatric care
and treatment of patients in residential zones, affected
residential neighborhoods have experienced a substantial increase
in calls for police and fire service, nuisance impacts resulting
from unsupervised patients wandering about the neighborhoods, and,
generally, an inordinate level of activity which detracts from the
quiet peace and enjoyment of a residential area;
WHEREAS, the City Council has been further informed and
advised that the City is required by state law, specifically
Section 5120 of the Welfare and Institutions Code, to permit
health facilities for inpatient and outpatient psychiatric care
and treatment in any area zoned for hospitals or nursing homes, or
in which hospital and nursing homes are permitted by public use
permit;
WHEREAS, the City Council has been further informed and
advised that in order to properly meet the needs of the residents
of Beaumont, now and in the future, a period of time must be
created to give the City an opportunity to carefully analyze and
examine the placement of hospitals, nursing homes and health
facilities within the City in order to reduce or eliminate land
use conflicts and to protect the public health, safety and general
welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1: Moratorium
Based upon the foregoing, the City Council hereby finds that
to permit the issuance of any Public Use Permit for hospitals,
nursing homes, and health facilities for inpatient and outpatient
psychiatric care and treatment within any residential zone of the
City would constitute an immediate danger and threat to the public
health, safety and general welfare of the citizens of Beaumont.
Therefore, in order to protect the public health, safety and
general welfare, the issuance of all Public Use Permits for such
purposes shall be prohibited, pursuant to the provisions of
Government Code, Section 65858 for a period of 45 days from the
date of the adoption of this Ordinance, unless extended as
provided by law.
Section 2: Exception.
Notwithstanding any other provision of this Ordinance, the
issuance of a Public Use Permit may be made during the period this
Ordinance remains in effect if a specific finding can be made that
such issuance is necessary to protect the public health, safety
and general welfare, excluding economic considerations, of the
citizens of Beaumont and that such protection is a factor which
overrides the considerations set forth above.
Section 3: Urgency Ordinance
This Ordinance is passed, adopted and enacted pursuant to
Section 36934 and 36937(b) of the Government Code as an urgency
measure and pursuant to the City's police power for the
preservation of the public peace, health, safety and general
welfare, and is necessary for and required to protect the public
health, peace, safety and general welfare of the citizens of
Beaumont for the reasons stated herein. This Ordinance shall
become effective immediately upon adoption.
Section 4: Publication.
The Mayor shall sign this Ordinance and the City Clerk shall
attest thereto and shall cause the same within 15 days of its
passage to be published at least once in a newspaper of general
circulation, published and circulated within the City.
ADOPTED this 8th day of September, 1997.
CITY •F BEAUMONT
By A
J
C. LEJA,
ayo
Ordinance Certification Page
State of California )
County of Riverside )
City of Beaumont )
I, Shelby Hanvey, Deputy City Clerk of the City of Beaumont, California, do hereby certify that
the whole number of members of the City Council of the City of Beaumont is five; that Ordinance
No. 769 was introduced at a Regular Meeting of the City Council of said City of September 8,
1997 and was duly adopted by the City Council at a regular meeting of the City Council on
September 8, 1997 by the following vote:
Ayes: Mayor Leja, Council Members Westcot, Parrott, Berg, and Zeller.
Noes: None.
Absent: None.
Abstain: None.
Witnessed by my hand and the seal of the City of Beaumont, California on September 8, 1997.
Shelby Hanve
Deputy City
('JL1,9 of %-£aumoni
550 East Sixth Street
Beaumont, CA 92223
(909) 769-8520
FAX (909) 769-8525
FAX (909) 769-8526
Legal Notice
Notice is hereby given, that the Beaumont City Council will conduct a public hearing on Monday,
September 8, 1997 at 6:00 p.m. in the City Council Chamber at City Hall, 550 E. 6th Street,
Beaumont, California, to consider the the following item:
Public Hearing:
1. Ordinance 769 - First Reading By Title Only - An Urgency Ordinance of the City of
Beaumont, California, Enacted Pursuant to the City's Police Power Temporarily Prohibiting
the Issuance of Use Permits for Hospitals, Nursing Homes, and Group Homes for the
Treatment of General Hospital or Nursing Home Patients and for the Psychiatric Care and
Treatment of Patients, Both Inpatient and Outpatient.
On public hearings the public may present testimony to the City Council either in p. son or by mail.
Written comments will be accepted until the night of the hearing.
Shelby Han y, Deputy ity Clerk
Dated: September 2, 1997.
Published: Press Enterprise, ONE times no later than September 3, 199
Posted: Beaumont Cherry Valley Water District & Beaumont District Library
nit of S&awnoizt
550 East Sixth Street
Beaumont, CA 92223
(909) 769-8520
FAX (909) 769-8525
FAX (909) 769-8526
Legal Notice
Notice is hereby given, that the Beaumont City Council will conduct a public hearing on Monday,
September 8, 1997 at 6:00 p.m. in the City Council Chamber at City Hall, 550 E. 6th Street,
Beaumont, California, to consider the the following item:
Public Hearing:
1. Ordinance 769 - First Reading By Title Only - An Urgency Ordinance of the City of
Beaumont, California, Enacted Pursuant to the City's Police Power Temporarily Prohibiting
the Issuance of Use Permits for Hospitals, Nursing Homes, and Group Homes for the
Treatment of General Hospital or Nursing Home Patients and for the Psychiatric Care and
Treatment of Patients, Both Inpatient and Outpatient.
On public hearings the public may present testimony to the City Council either in
Written comments will be accepted until the night of the hearing.
Dated:
Published:
Posted:
son or by mail.
Shelby Han y, Deputy ' ity Clerk
September 2, 1997.
Record Gazette, ONE times no later than September 3, 1997.
Beaumont Cherry Valley Water District & Beaumont District Library
No. 0 387
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF RIVERSIDE
LEGAL NOTICE
STATE OF CALIFORNIA 1
County of Riverside j SS.
1 am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years,
and not a party to or interested in the above entitled
matter. I am the principal clerk of the printer
of The Daily Record -Gazette
a newspaper of general circulation, printed and pub-
lished daily in the City of Banning County of Riverside
and which newspaper has been adjudged a newspaper
of general circulation by the Superior Court of the
County of Riverside, State of California, under date of
October 14, 1966, Case Number 54737, that the
notice, of which the annexed is a printed copy, has been
published in each regular and entire issue of said news-
paper and not in any supplement thereof on the follow-
ing dates, to -wit
PUB: 9/3,
all in the year 19 97
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Date September 3. ,19 97
at Riverside, California
This space is for County Clerk's Filing Stamp
NOTICE IS HEREBY
GIVEN, that the
Beaumont City Council
will conduct a public.
hearing on Monday,
September 8, 1997 at
6:00 p.m. in the City
Council Chambers
City Hall, 550 E.
Street, Beaumo
California, to cons
the following item:
Public Hearing:
1. Ordinance 769 - F'
Reading By Title
- An Urgency,`
dinance of the City.
Beaumont,; ..Californ
Enacted Pursuant to
City's Police poi
Temporarily
the Issuance of Use
mits for Hospita
Nursing " Homes,
Group Homes for.
Treatment of
Hospital, or Nut
Home- Patients and
the Psychlatxic care
Treatment of Pa '
Both Inpatient and
patient.
On public hearings
public may present
timony to the C
Council either in
or by mail. Writ
comments will ' be
cepted until the night
the hearing.;
Dated:. September
1997.
-s- Shelby Hanv
Shelby Hanv+
Deputy City Cl
Publish The Reco
Gazette
No. 387
9-3, 190