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
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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
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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
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ABSENT COUNCILMEMBERS NONE
MAYOR '
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