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HomeMy WebLinkAbout91-45 - Prohibiting the Issuance of Any Permits for or the Establishment of New Tanning Salons Operating in Conjunction with the Live Modeling of Lingerie Pending Completion of a Planning StudyNo. 91 -45 AN INTERIM EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH PROHIBITING THE ISSUANCE OF ANY PERMITS FOR OR THE ESTABLISHMENT OF NEW TANNING SALONS OPERATING IN CONJUNCTION WITH THE LIVE MODELING OF LINGERIE PENDING COMPLETION OF A PLANNING STUDY. • The City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: The City Council finds and declares as follows: A. The City Council is authorized, pursuant to provisions of City Charter and Section 65858 of the Government Code, to adopt a temporary prohibition on the issuance of permits for, or the establishment of, land uses which may be in conflict with contemplated zoning ordinances which the legislative body, planning commission or planning department intends to study within a reasonable period of time. B. The City has received information that a new form of business mixing tanning salons with live modeling of lingerie has caused problems in other cities. There is suspicion that • prostitution is occurring in similar businesses in the cities of Brea and Los Angeles. These businesses may have the potential, individually or collectively, with massage uses and other adult uses to reduce property values in their immediate vicinity, reduce the desirability of the surrounding areas for residential or commercial uses, increase the rate of crime and criminal conduct in the vicinity, cause neighboring businesses to move to other locations and otherwise contribute to a blighted or "skid row" condition in the vicinity. C. The City Council intends to study the potential impacts of this combination of businesses and the potential impacts of the business in conjunction with other adult uses in the City and the -I*,- desirability of zoning ordinances which minimize or eliminate potential adverse effects on neighboring businesses or properties. D. This Ordinance is deemed necessary as an emergency measure for preserving the public peace, health and safety in that: 1. Criminal activity, including prostitution, is reported to have occurred in many similar establishments in -1- • • II& other cities; 2. Failure to study the effects of such businesses and the opening of additional businesses could individually, or in combination with existing adult uses, adversely impact property values in the vicinity, reduce the desirability of the neighborhood for certain commercial and residential uses and ultimately lead to blighted conditions in the vicinity; 3. Currently there is no specific limit on the number, location or operation of tanning salons which operate in conjunction with the live modeling of lingerie, and an increase of the number of establishments can be expected if no restrictions are placed on their location or operation; 4. The City requires time to study the appropriate controls, if any, in the location or operation of such businesses, and the study cannot be conducted until a status quo is maintained for sufficient time to allow evaluation of the impact of such uses. SECTION 2: Moratorium. A. No new tanning salons which propose to operate in conjunction with the live modeling of lingerie shall be established in the City of Newport Beach during the term of this ordinance. B. No permit, license or other authorization shall be issued to any person in conjunction with any proposal to open such an establishment. SECTION 3: Planning Study. The Planning Department is hereby directed to immediately commence a study of the impacts, and potential impacts, of such establishments to evaluate the type of zoning or land use controls appropriate to minimize or eliminate those impacts, and to report its findings to the City Council on December 9, 1991. The Planning Department is also directed to submit a written report to the City Council on December 9, 1991, with the report to describe, among other things, the measures be taken to alleviate the conditions which led to the adoption of this Ordinance. SECTION 4: CEQA Guidelines. The City Council determines this Ordinance is categorically exempt as that term is defined in the California Environmental -2- Quality Act (CEQA) and the CEQA Guidelines. SECTION 5: Term. This Ordinance shall remain in effect for fifteen (15) days from the date of adoption and thereafter shall have no force and effect. • SECTION 6: Severability. That if any section, subsection, sentence, clause or phrase of this ordinance is for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 7: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on • the 25th day of November , 19 _U, and adopted on the 25th day of November , 1991, by the following vote, to wit: AYES, COUNCILMEMBERS _}EDGES, WATT, TURNER. SANSONE, HART COX, a MMF'a- NOES, COUNCILMEMBERS NONE I'*- ABSENT COUNCILMEMBERS NONE MAYOR ' -3-