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HomeMy WebLinkAbout92-25 - Prohibiting for Ten Months and Fifteen Days the Issuance of any Permits for or the Establishment of New Adult-Oriented BusinessesNO. 92 -25 AN INTERIM EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH PROHIBITING FOR TEN MONTHS AND FIFTEEN DAYS 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 1s Findings. 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 concern that due to the adult- oriented nature of these businesses prostitution or other illegal sexual activity 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 contribute to • a blighted or deteriorated condition in the vicinity. C. The City Council intends to continue to study the potential impacts of these businesses in conjunction with other adult uses in the City and the desirability of zoning ordinances or other regulations which minimize or eliminate potential adverse -1- effects on neighboring businesses or properties. D. On March 30, 1991, the Newport Beach City Council adopted an interim urgency ordinance prohibiting the issuance of any permit or the establishment of new adult- oriented businesses. The City Council is authorized to extend the current moratorium for a period • of ten months and fifteen days after notice pursuant to Section 65090 of the Government Code and a public hearing. The required notice has been given and the public hearing has been held. E. This ordinance is deemed necessary as an emergency measure for preserving the public peace, health and safety in that: 1. Failure to study the effects of such businesses and the opening of additional businesses could individually, or in combination with existing adult entertainment businesses, 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; 2. There are currently no specific regulations on the • 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; 3. 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 and the appropriate form of regulation. 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 -2- 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 services, restaurants or other businesses where individuals, while nude or semi -nude, provide a service for • consideration. 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 those impacts, and to report its findings to the City Council on after the study is complete. 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 becomes effective on May 11, 1992, and shall remain in effect for a period of ten months and fifteen days thereafter unless earlier terminated or repealed by Ordinance of the City Council. SECTION 6: Severability. 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 -3- cause the same to be published once in the official newspaper of the City within fifteen (15) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 11th day of May , 1992, and adopted on the 11thday of May , 1992, • by the following vote, to wit: AYES, COUNCILMEMBERS: HEDGES, WATT, TURNER, SANSONE, HART, COX, PLUKIER NOES, COUNCUMEMBERS: NONE • • ABSENT MAYOR -` f ATTEST: -4- NONE