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