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HomeMy WebLinkAbout92-8 - Prohibiting the Issuance of Any Permits for or the Establishment of New Adult-Oriented BusinessesORDINANCE NO. 92- 8 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 ADULT - ORIENTED BUSINESSES. • The City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: Findinqs. 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 time. B. The City has received information that various new forms of businesses which offer traditional services with adult orientation have caused problems in other cities. Businesses such as barbershops, car washes, housecleaning, check cashing and juice bars are offering such services with nude and semi -nude employees to create a new form of adult entertainment. There is suspicion that prostitution or other illegal sexual activities may occur in these businesses. These businesses may have the potential, individually or collectively with 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 these businesses in conjunction with other adult uses in the City and the desirability of zoning ordinances which minimize or eliminate potential adverse effects on neighboring businesses or -1- 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 adult- oriented • establishments in other cities; 2. Failure to study the effects of such businesses and the opening of additional businesses could individually, or in combination with existing facilities, adversely impact property values in the vicinity, reduce the desirability of the neighborhood for certain commercial and residential uses and ultimately lead to blighted or "skid row" conditions in the vicinity; 3. There are currently no specific regulations on location or operation of adult- oriented services, and an increase in the number of such establishments can be expected if no restrictions or regulations 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: Prohibitions. A. No new adult- oriented business establishments 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 a new establishment or expand an existing establishment which offers adult- oriented services during the term of this Ordinance. C. As used herein, adult- oriented business establishments include, but are not limited to, services such as barbershops, car washes, housecleaning or other businesses where individuals perform such services for consideration while nude or semi -nude. -2- SECTION 3: Planning Studv. The Planning Department is hereby directed to immediately commence a study of the impacts, and potential impacts, of such adult- oriented business establishments, to evaluate the type of zoning, land use controls or other regulations appropriate to • minimize or eliminate adverse secondary impacts, and to report its findings to the City Council on May 11, 1992. The Planning Department is also directed to submit a report to the City Council on May 11, 1992, with the report to describe, among other things, the measures taken to alleviate the conditions which led to the adoption of this Ordinance. SECTION 4: CEOA Guidelines. The City Council determines that this Ordinance is "categorically exempt" as that term is defined in the California Environmental Quality Act (CEQA) and the CEQA Guidelines. SECTION 5: Term. This Ordinance shall remain in effect for forty -five (45) days • from the date of adoption and thereafter shall have no force and effect. SECTION 6: Severabilitv. The City Council of the City of Newport Beach hereby declares 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: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective fifteen (15) days after its adoption. -3- This Ordinance was introduced at an adjourned meeting of the City Council of the City of Newport Beach held on the 30th day of March, 1992, and adopted on the 30th day of March, 1992, by the following vote, to wit: AYES, COUNCILMEMBERS: WATT, TURNER, • SANSONE, HART, COX, PLUMMER NOES, COUNCILMEMBERS: NONE ABSENT COUNCILMEMBERS: HEDGES • • ATTEST: MIC