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HomeMy Public PortalAboutOrdinance 77010/28/97 ORDINANCE NO. 770 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; WHEREAS, on September 8, 1997, the City Council adopted Ordinance No. 769, pursuant to Government Code, Section 65858, for the purpose of temporarily prohibiting the issuance of use permits for hospitals, nursing homes and group homes, and that such ordinance has no further force and effect 45 days from its adoption; WHEREAS, the City Council has been informed and advised that City staff has initiated a review of the Beaumont Municipal Code and a study of the issues and problems associated with the City's present permitting process; WHEREAS, the City Council has been further informed and advised that there are no standards for the placement of these facilities within the community and that additional time will be required to develop such standards; WHEREAS, the moratorium established by Ordinance No. 769 may be extended for an additional 10 months and 15 days in order to provide the time necessary to complete the staff's on-going study and efforts to develop standards to be included within the Beaumont Municipal Code. 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, halfway houses, group 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 temporarily prohibited, pursuant to the provisions of Government Code, Section 65858 for a period of 10 months and 15 days from the date of the adoption of this Ordinance, unless sooner terminated or 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. 2 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 27th day of October, 1997. CITY OF BEAUMONT 3 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No # 506 ORDINANCE NO. 770 STATE OF CALIFORNIA 1 County of Riverside j SS. I 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: 11/5, all in the year 19 97 ! certify (or declare) under penalty of perjury that the foregoing is true and correct. Date November 5, 19 97 at Riverside, California This space is for County Clerk's Filing Stamp ORDINANCE NO. 770 AN URGENCY OR- DINANCE OF THE CITY OF BEAUMONT, CALIFORNIA, ENACTED PUR- SUANT TO THE CITY'S POLICE POWER TEM- PORARILY PROHIBITING THE ISSUANCE OF USE PERMITS FOR HOSPITALS, NURS- ING HOMES ND GROUP HOMES FOR THE TREAT- MENT OF GENERAL HOSPITAL OR NURSING HOME PA'T'IENTS AND FOR THE PSYCHIATRIC CARE AND TREAT - M E N T OF PATIENTS, BOTH INPATIENT AND OUTPATIENT WHEREAS, pursuant to Section 17.70.100 of the Beaumont Municipal Code, hospi- tals, nursing homes and health facilities for in- patient and outpatient psychiatric care and treatment are permitted in any zone classifica- tion upon issuance of a Public Use Permit: WHEREAS, the City Council has been in- formed and advised that such uses of property in residential zones of the City has created sub- stantial, 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, af- fected residential neigh- borhoods have ex- perienced a substantial increase in calls for police and fire service, nuisance impacts result- ing• from unsupervised patients wandering about the neigh- borhoods, and, general- ly, an inordinate level of activity, which detracts from the quiet peace and enjoyment of a residential area; WHEREAS, the City Council has been fur- ther informed and ad- vised that the City is re+'. quired by state law, specifically Section 5120 of the Welfare and Institutions Code, to permit health facilities for inpatient and out- patient psychiatric care and treatment in any area zoned for hospitals or nursing homes, or in which hospital and nursing homes are per- mitted by public use permit; WHEREAS, the City Council has been fur- ther informed and ad- vised 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 oppor- tunity to carefully analyze and examine the placement of hospi- tals; 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; WHEREAS, on Sep- tember 8, 1998, the City Council adopted Or- dinance No. 769, pur- suant to Government Code Section 65858, for the purpose of tem- porarily prohibiting the issuance of use permits for hospitals, nursing homes and group homes, and that such or- dinance has no further force and effect,45 days from its adoption; WHEREAS, the City Council has been in- formed and advised that City staff has initiated a review of the Beaumont Municipal Code and a study of the issues and problems associated with the City's present permitting process; WHEREAS, the City Council has been fur- ther informed and ad- vised that there are no standards for the place- ment of these facilities within the community and that additional time will be required to develop such standards; WHEREAS, the moratorium established by Ordinance No. 769 may be extended for an additional 10 months and 15 days in order to provide the time neces- sary to complete the staffs on-going study and efforts to develop standards to be included within the Beaumont Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, DOES ORDAIN AS FOL- LOWS: Section 1: Moratorium Based upon the forego- ing, the City Council hereby finds that to per- mit the issuance of any Public Use Permit .for hospitals, nursing homes, halfway houses, group 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 heal- th, safety and general welfare of the citizens of Beaumont. There- fore, in order to protect the public health, safety and general welfare, the issuance of all Public Use Permits for such purposes shall be tem- porarily prohibited, pur- suant to the provisions of Government Code, Section 65858 for a period of 10 months and 15 days from the date of the adoption of this Or- dinance, unless sooner terminated or 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, ex- cluding economic con- siderations, of the citizens of Beaumont and that such protection is a factor which over- rides the considerations set forth above. Section 3: Urgency Or- dinance This Ordinance is passed, adopted and enacted pursuant to Sec- tion 36934 and 36937(b) of the Govern- ment Code as an urgen- cy measure and pur- suant to the City's police power for the preservation of the public peace, health, safety and general wel- fare, 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 adop- tion. 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 27th day of October, 1997. CITY OF BEAUMONT —s Janice C. Leja JANICE C. LEJA, Mayor Publish The Record Gazette No. 506 11-5, 1997 6't of qcmo1,zL 550 East Sixth Street Beaumont, CA 92223 (909) 769-8520 FAX (909) 769-8525 FAX (909) 769-8526 Legal Notice Notice is hereby given, at the Beaumont City Council held on Monday, October 27, 1997 at 6:00 p.m. in the City Council Chamber at City Hall, 550 E. 6th Street, Beaumont, California, the first reading of the following Ordinance. The Public Hearing was opened and was continued to the next regularly scheduled meeting of November 10, 1997: Ordinance 771 - PROPOSED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAPTER 8.45 TO TITLE 8 OF THE BEAUMONT MUNICIPAL CODE, ADOPTING ORDINANCE 696 OF THE COUNTY OF RIVERSIDE REGULATING THE LAND APPLICATION OF SEWAGE SLUDGE, ADOPTING COUNTY OF RIVERSIDE RESOLUTION 91-057 ESTABLISHING TECHNICAL STANDARDS GOVERNING LAND APPLICATION OF SEWAGE SLUDGE, ADOPTING COUNTY OF RIVERSIDE RESOLUTION 91-061 ESTABLISHING APPLICATION FEES FOR LAND APPLICATION OF SEWAGE SLUDGE, AND ANY AMENDMENTS TO SAID COUNTY OF RIVERSIDE ORDINANCE AND RESOLUTIONS. On public hearings the public may present testimony to the City Council either in person or by mail. Written comments will be accepted until the night of the hearing. 1 ,, Shelby Hanv , Deputy Ci Clerk Dated: September 29, 1997 Published: Record Gazette, one time no later than November 4, 1997. Posted: Beaumont Cherry Valley Water District & Beaumont District Library IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No II 504 LEGAL NOTICE STATE OF CALIFORNIA County of Riverside J SS. I 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 principai cierk 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: 11/4, all in the year 19 97 ! certify (or declare) under penalty of perjury that the foregoing is true and correct. Date November 4, i9 97 at Riverside, California 4 This space is for County Clerk's Filing Stamp LEGAL NOTICE Notice is hereby given, at the Beaumont City Council held on Mon- day, October 27, 1997 at 6:00 p.m. in the City Council chamber at City Hall, 550 E. 6th Street, Beaumont, California, the first reading of the following Ordinance. The Public Hearing was opened and was con- tinued to the next regularly scheduled meeting of November 10, 1997: 1. Ordinance 771 — PROPOSED OR- DINANCE OF THE CITY COUNCIL OF THE CITY OF B E A U M O N T, CALIFORNIA, AD- DING CHAPTER 8.45 TO TITLE 8 OF THE B EAUMONT MUNICIPAL CODE, ADOPTING OR- DINANCE 696 OF THE COUNTY OF RIVERSIDE REGULATING THE LAND APPLICATION O F SEWAGE SLUDGE, ADOPTING COUNTY OF RIVER- SIDE RESOLUTION 91-057 ESTABLISH- ING TECHNICAL STANDARDS GOVERNING LAND APPLICATION OF SEWAGE SLUDGE, ADOPTING COUNTY OF RIVERSIDE RESOLUTION 91-061 ESTABLISHING AP- PLICATION FEES FOR LAND APPLICA- TION OF SEWAGE SLUDGE, AND ANY AMENDMENTS TO SAID COUNTY OF RIVERSIDE OR- DINANCE AND RESOLUTIONS. On public hearings the public may present tes- timony to the City Council either in person or by mail. Written comments will be ac- cepted until the night of the hearing. —s- Shelby Hanvey, Shelby Hanvey, Deputy City Clerk Publish The Record Gazette No. 504 11-4, 1997