HomeMy WebLinkAbout266 - Ordinances ORDINANCE NO. 266
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING AN INTERIM URGENCY ZONING
ORDINANCE PURSUANT TO GOVERNMENT CODE SECTION 65858(a)
PERTAINING TO THE ESTABLISHMENT 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
Section 17.10.030(F), '~dult Businesses," as defined in Section
17.02.140(C)(3), are businesses that are limited to as only a permitted use in
the General Commercial 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 o~ the United States Court of Appeals have struck down adult
business regulations in other jurisdictions and have cast doubt upon the
validity of the aforementioned special use regulations pertaining to adult
businesses within the City of Rancho Cucamonga.
(iii) This Council is concerned about the validity of the
aforementioned special use regulations pertaining to adult businesses and finds
that it is necessary to establish interim zoning provisions to allow the
Planning Staff and Planning Commission of the City of Rancho Cucamonga time to
further investigate the issue to whether adult businesses should be permitted
within the City as well as the special use provisions which may be appropriate
to such adult businesses.
(iv) All legal prerequisites prior to the adoption of this
Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA AS FOLLOWS:
SECTION 1: In all respects as set forth in the Recitals, Part A, of
this Ordinance.
SECTION 2: The City Council of the City of Rancho Cucamonga hereby
finds as follows:
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 growth 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, variances,
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 public health safety
or welfare. '
Ordinance No. 266
Page 2
SECTION 3: The following interim zoning regulations are hereby
adopted:
a. '~dult 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
Businesses" shall hereafter be issued and no such business shall hereafter be
established in the City.
SECTION 4: This Ordinance is enacted under the authority of
California Government Code Section 65858(a) and shall be of no further force
and effect forty-five (45) days from the date of adoption of this Ordinance
unless the City Council has extended this Ordinance in the manner as provided
in said Section 65858(a).
SECTION 5: This Ordinance is hereby declared to be an urgency measure
pursuant to the terms of California Government Code Section 36937~b) and this
Ordinance shall take effect immediately upon its adoption.
SECTION 6: The Mayor shall sign this Ordinance 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 circulation published
in the City of Ontario, California, and circulated in the City of Rancho
Cucamonga, California.
PASSED, APPROVED, and ADOPTED this 5th day of June, 1985.
AYES: Buquet, Mikels~ Dahl, King
NOES: None
ABSENT: Wright
D."Mi~ls, Mayor -
ATTEST:
Beverly ~. Authelet, City Clerk
I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a
regular meeting of the Council of the City of Rancho Cucamonga held on the 5th
day of June, 1985, and was finally passed at a regular meeting of the City
Council of the City of Rancho Cucamonga held on the 5th day of June, 1985.
Executed this 6th day of June, 1985 at Rancho Cucamonga, California.
Beverly A. rAuthelet, City Clerk