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HomeMy WebLinkAbout200 - Ordinances ORDINANC~ NO. 200 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 TO IMPOSE A MORATORIUM ON THE ESTABLISHMENT OF ADULT BUSINESSES, AND DECLARING THE URGENCY THEREOF. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: On December 3, 1980 the City Council adopted Ordinance No. 45C, which was codified as Chapter 17.20 of the Rancho Cucamonga Municipal Code, to regulate the location of adult businesses in the City. The City's ordinance followed the pattern of similar regulations adopted by the City of Detroit, Michigan which have been declared constitutional and enforceable by a decision of the United States Supreme Court. Subsequent to the City's adoption of Ordinance 45C, certain decisions of the United States Supreme Court, the United States Courts of Appeal, and the California Appellate Courts have held that "Detroit type" ordinances can be found to be unconstitutional as applied and such a determination is dependent upon facts peculiar to the adopting jurisdiction. Because of these recent eases the City Council is concerned about the validity of Chapter 17.20 and determines that it is necessary for the Planning Commission to restudy the issue of where adult businesses should be permitted in the City and, thereafter, along with the City Council, to take appropriate action of a permanent nature regulating the location of such businesses. SECTION 2: The City Council hereby finds that the possibility that the City's adult business regulations, contained in Chapter 17.20 of the Rancho Cucamonga Municipal Code, might be found unconstitutional as applied and unenforceable is a current and immediate threat to the public health, safety, and welfare, and that the approval of additional subdivisions, rezonings, land use permits, variances, building permits, or any other applicable entitlement for use of property for the purpose of conducting an adult business which is required in order to comply with a zoning ordinance would result in a threat to public health, safety, or welfare. SECTION 3: This Ordinance is enacted under the authority of Government Code Section 65858 and shall be of no further force and effect forty-five (45) days from its date of adoption unless the City Council has extended this Ordinance in the manner provided in said Section 65858. SECTION 4: The following regulations are hereby enacted: A. "Adult businesses" are prohibited uses in all zones of the City. B. No permit for an "adult business" shall hereafter be issued, and no such business shall hereafter be established in the City. SECTION 5: This Ordinance is hereby declared to be an urgency measure, and it shall take effect immediately upon its adoption. SECTION 6: The Mayor shall sign this Ordinance and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general 2irculation published in the City of Ontario, California, and circulated in the City of Rancho Cueamonga, California. Ordinance No. 200 Page 2 PASSED, APPROVED, and ADOPTED this 7th day of April, 1983. AYES: Dahl, Buquet, Schlosser, Frost, Mikels NOES: None ABSENT: None D. Mikels, Mayor -ATTEST: t~6ren M. Wasserman, City Clerk