HomeMy WebLinkAbout266-A - Ordinances ORDINANCE NO. 266-A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, EXTENDING THE EFFECTIVE DATE OF
ORDINANCE NO. 266 PERTAINING TO INTERIM URGENCY ZONING
REGULATIONS WITH REGARD TO THE ESTABLISItMENT OF ADULT
BUSINESSES
A. Recitals.
(i) On December 7, 1983, the City Council of the City of Rancho
Cucamonga adopted Title 17 of the Rancho Cucamonga Municipal Code, also known
as the Development Code of the City of Rancho Cucamonga. As provided in Sec-
tion 17.10.030(F), '~dult Businesses," as defined in Section 17.02.140(C)(3),
are businesses that are limited as only a permitted use in the General Commer-
cial District. Moreover, said Section 17.10.030(f) establishes certain special
use regulations pertaining to where such adult businesses could be located
within such General Commercial Zone.
(ii) Subsequent to the City's adoption of the Development Code,
certain decisions of the United State Court of Appeals have struck down adult
business regulations in other jurisdictions and have cast doubt upon the valid-
ity of the aforementioned special use regulations pertaining to adult business-
es within the City of Rancho Cucamonga.
(iii) On June 5, 1985, the City Council of the City of Rancho
Cucamonga adopted its Ordinance No. 266 prohibiting the establishment of all
Adult Businesses, as defined by Section 17.02.140(C)(3) of the Development Code
of the City of Rancho Cucamonga, in all development districts within the City
so long as such interim zoning regulations were in effect and operative. As
required by California Government Code Section 65858(a), such Ordinance No. 266
could be effective for no longer ° than forty-five (45) days following its adop-
tion unless, after public hearing, the City Council extends the operative ef-
fect of the ordinance in the manner as provided in said Section 658)8(a).
(iv) This Council is concerned about the validity of special use
regulations pertaining to adult businesses and finds that it is necessary to
continue the interim zoning provisions to allow the Planning Staff and Planning
Commission of the City of Rancho Cucamonga time to further investigate the is-
sue of whether adult businesses should be permitted within the City as well as
the special use provisions which may be appropriate to such adult businesses.
(v) Pursuant to California Government Code Section 65858(d), on
June 19, 1985, the City Council was presented with an oral staff report con-
cerning the measures taken relative to adult businesses following the adoption
of said Ordinance No. 266 and, based upon said oral report, a written report of
the City Council was prepared relative to such measures taken.
(vi) On July 3, 1985, a duly noticed public hearing was held before
the City Council of the City of Rancho Cucamonga pursuant to the requirements
of California Government Code Section 65858(a) relative to whether the interim
zoning regulations contained in said Ordinance No. 266 should be continued.
Said public hearing was concluded prior to the adoption of this Ordinance.
(vii) All legal prerequisites prior to the adoption of this Ordi-
nance have occurred.
B. Ordinance.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA A~ FOLLOWS:
SECTION 1: In all respects as set forth in the Recitals, Part A,
of this Ordinance.
SECTION 2: Based upon substantial evidence presented to this Coun-
cil during the above-referenced July 3, 1985 hearing, including staff presenta-
tion, the minutes of the above-referenced June 19 public hearing and the
contents of the written report concerning measures taken, this Council hereby
specifically finds as follows:
Ordinance No. 266-A
Page 2
a. The special use regulations pertaining to Adult Businesses as
contained in Section 17.10.030(F) of the Rancho Cucamonga Municipal Code have
the possibility to be found unconstitutional and unenforceable as currently set
forth;
b. The unrestrained and unregulated grc~th of Adult Businesses has
been shown to be a detriment to the economic, social and cultural welfare of
communities; and,
c. The approval of additional subdivisions, use permits, varzances,
building permits, and any other applicable entitlement for use pertaining to
Adult Businesses, as currently set forth in the Development Code of the City of
Rancho Cucamonga, would result in an immediate threat to publ£c health, safety
or welfare.
SECTION 3. The following interim zoning regulations adopted by Or-
dinance No. 266 are hereby extended pursuant to the terms of this Ordinance:
a. "Adult Businesses," as defined by Section 17.02.140(C)(3) of the
Development Code of the City of Rancho Cucamonga, are hereby prohibited uses in
all development districts of the City.
b. No permit or any other applicable entitlement for '~dult Bus/-
nesses" shall hereafter be issued and no such business shall hereafter be es-
tablished in the City.
SECTION 4: This Ordinance is enacted under the authority of Cali-
fornia Government Code Section 65858(a) and shall be of no further force and
effect as of March 6, 1986 unless the City Council has extended this Ordinance
in the manner as provided in said Section 65855(a).
SECTION 5: This Ordinance is hereby declared to be an urgency mea-
sure pursuant to the terms of California Government Code Section 36937~b) and
this Ordinance shall take effect immediately upon its adoption.
SECTION 6: The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be published within fifteen (15) days af-
ter its adoption at least once in the The Daily Report, a newspaper of general
circulation published in the City of Ontario, California, and circulated in the
City of Rancho Cucamonga.
PASSED, APPROVED, and ADOPTED this 3rd day of July, 1985.
AYES: Wright, Buquet, Mikels, Dahl
NOES: None
ABSENT: King
'./ /
, J~n/ D. Mikels, Mayor
ATTEST:
Beverl~ A. Authelet, City Clerk
I, BEVERLY A. AUTHELBT, City Clerk of the City of Rancho Cucamonga, do
hereby certify that the foregoing Ordinance was introduced as an urgency mea-
sure at a regular meeting of the City Council of the City of Rancho Cucamonga
held on the 3rd day of July, 1985.
Bever~ A. Authelet, City Clerk