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
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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
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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
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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:
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NONE