HomeMy Public PortalAboutOrdinance 784ORDINANCE NO. 784
AN ORDINANCE AMENDING CHAPTERS 17.20 AND 17.40 OF TITLE 17
OF THE BEAUMONT MUNICIPAL CODE PERTAINING TO
ZONING REGULATIONS APPLICABLE TO THE REGULATION
OF RESIDENTIAL CARE FACILITIES AND HALF -WAY HOUSES
The City Council of the City of Beaumont does ordain as follows:
SECTION 1. FINDINGS: The City Council of the City of Beaumont finds that:
(a) The City Council, in adopting this ordinance, has determined that the low-density, single
family residential areas of the City of Beaumont can not accommodate the development of
residential care facilities, including half -way houses, which exceed the State -mandated requirement
to permit group homes, where up to six persons are cared for, without undue and unacceptable
impacts to the peace and enjoyment of a low-density residential community.
(b) The Beaumont Zoning Ordinance currently allows residential care facilities and half -way
houses in all residential and most commercial zoning districts subject to the approval by the
Planning Commission of a Public Use Permit, regardless of the underlying density or land use
intensities specified in the respective zoning district regulations.
(c) In order to prompt study of the compatibility of residential care facilities and half -way
houses in the various zoning districts in the City, the City Council enacted an urgency ordinance
to establish a temporary moratorium on such facilities on September 8, 1997, an ordinance which
was subsequently extended for a full calendar year through subsequent City Council action.
(d) The City Council hereby determines that it is necessary for the protection of the City's
single-family residential neighborhoods and for the peace and enjoyment of the City's homeowners
to limit the development or establishment of new residential care facilities and half -way houses to
commercial zoning districts, where such facilities can be developed in a manner and intensity
consistent with adjoining and nearby uses.
(e) Residential care facilities and half -way houses are currently not permitted in the C -HS
Zoning District, which comprises a bulk of the commercially -zoned land in the City of Beaumont.
With the application of a requirement for a public use permit, these types of uses are potentially
compatible and appropriate in this zoning district.
SECTION 2. AMENDMENT OF CODE: Sections 17.20.015-4, 17.20.110-4,
17.20.121-4, 17.20.205-4, and 17.20.305-4 of Chapter 17.20 and Section 17.40.515 of Chapter
17.40 of Title 17 of the Beaumont Municipal Code are hereby amended to read as follows:
Ordinance No. 784
17.20.015-4.) PUBLIC USES. The following public uses are permitted in the R -A Zoning
District subject to the approval of a Public Use Permit subject to Chapter 17.70 of
this Ordinance.
1. Educational institutions;
2. Churches, temples and other places of religious worship;
3. Government uses;
4. Public utilities.
17.20.110-4.) PUBLIC USES. The following public uses are permitted in the R -SF Zoning
District subject to the approval of a Public Use Permit subject to Chapter 17.70 of
this Ordinance.
1. Educational institutions;
2. Churches, temples and other places of religious worship;
3. Government uses;
4. Public utilities.
17.20.121-4.) PUBLIC USES. The following public uses are permitted in the R -LM Zoning
District subject to the approval of a Public Use Permit subject to Chapter 17.70 of
this Ordinance.
1. Educational institutions;
2. Churches, temples and other places of religious worship;
3. Government uses;
4. Public utilities.
17.20.205-4.) PUBLIC USES. The following public uses are permitted in the R -MF Zoning
District subject to the approval of a Public Use Permit subject to Chapter 17.70 of
this Ordinance.
1. Educational institutions;
2. Churches, temples and other places of religious worship;
3. Government uses;
4. Public utilities.
17.20.305-4.) PUBLIC USES. The following public uses are permitted in the R -HD Zoning
District subject to the approval of a Public Use Permit subject to Chapter 17.70 of
this Ordinance.
1. Educational institutions;
2. Churches, temples and other places of religious worship;
3. Government uses;
4. Public utilities.
Ordinance No. 784
17.40.515
PUBLIC USES. The following uses are permitted in the C -HS Zoning District
subject to the approval of a Public Use Permit subject to Chapter 17.70 of this
Ordinance.
1. Educational institutions;
2. Churches, temples and other places of religious worship;
3. Government uses;
4. Public utilities.
5. Any hospital or other facility that is licensed by the California Department
of Public Health, or by the California Department of Mental Hygiene, not
including a family care, foster home or group home that serves fewer than
six persons;
6. Any home or other facility for aged or for children that is licensed by the
California Department of Social Welfare or by the Riverside County
Department of Public Welfare, not including a home or facility that serves
six or fewer children or aged persons;
7. Half -way houses.
SECTION 3. SEVERABILITY.
If any chapter, section, subsection, subdivision, paragraph, sentence, clause or phrase in this
Ordinance, or any part thereof is for any reason held to be unconstitutional or invalid or
ineffective by any court of competent jurisdiction, such decisions shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council
hereby declares that it would have passed each chapter, section, subsection, subdivision,
paragraph, sentence, clause, or phrase thereof irrespective, of the fact that any one (1) or more
chapters, sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be
declared unconstitutional, or invalid, or ineffective.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall go into effect and be in full force and operation from and after thirty (30)
days after its final passage and adoption.
Ordinance No. 784
SECTION 5. POSTING AND PUBLICATION
Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted
and/or published pursuant to the requirements of City Resolutions and State law.
PASSED, APPROVED AND ADOPTED this 8`" day of December, 1998.
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers Parrott, Berg, Westcot
None
Mayor Leja, Councilmember Zeller
None
an . apanic
, City Clerk —1 dia*1
APPROVED AS TO FORM:
Joseph Aklufi, City Attorney