HomeMy WebLinkAbout91-51 - Prohibiting for Ten Months and Fifteen Days 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- 51
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 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 information that
prostitution may be 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.
isC. 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
desirability of zoning ordinances which minimize or eliminate
potential adverse effects on neighboring businesses or properties.
D. The many cities have adopted zoning ordinances which
impose locational restrictions, conditional use permit requirements
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and other controls on the location and operation of adult
entertainment businesses, which include live modeling. These
ordinances recognize that such businesses have the potential to
cause adverse direct and secondary impacts on nearby land uses.
E. On November 25, 1991, the Newport Beach City Council
• adopted an interim urgency ordinance prohibiting the issuance of
any permit or the establishment of new tanning salons operating in
conjunction with the live modeling of lingerie. On December 9,
1991, the City Council received and approved a report on the
actions taken by staff to respond to the emergency identified in
the ordinance and the measures staff intends to take in the near
future. 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.
F. 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 similar 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 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.
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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 existing tanning salons may be expanded to include the
• live modeling of lingerie.
C. 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 continue to
study 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 after the study is complete.
SECTION 4: CEQA Guidelines.
The City Council determines 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 become effective on December 9, 1991 and
shall remain in effect for a period of ten (10) months and fifteen
(15) days thereafter unless earlier terminated or repealed by
ordinance of the City Council.
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: 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
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the City, within fifteen (15) days after its adoption.
SECTION 8: This ordinance was introduced at a regular
meeting of the City Council of the City of Newport Beach, held on
the 9th day of December , 1991, and adopted on the 9th day of
December , 1931, by the following vote, to wit:
•
•
AYES, COUNCILMEMBERS HEDGES, WATT.
OM
ABSENT COUNCILMEMBERS NONE
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