Loading...
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