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HomeMy WebLinkAbout253 - Ordinances ORDINANCE NO. 253 AN ORDINANCE OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, ADOPTED PURSUANT TO GOVERNHENT 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 7, 1983 the City Council adopted Title 17 of the Rancho Cucamonga Municipal Code also known as the Development Code of the Cit~ of Rancho Cucamonga. Included among the provisions of the Development code were provisions which limited '~dult Businesses" as those businesses are defined in the Development code to the general commercial district. Additionally section 17.10.030(F) of the Development Code established certain special use regulations pertaining to where adult businesses could be located within the general commercial zone. Subsequent to the City's adoption of the Development Code certain decisions of the United States Courts of Appeal, which struck down adult business restrictions in other jurisdictions, have cast out upon the validity of the aforesaid special use regulations. Because of these recent cases the City Council is concerned about the validity of the aforesaid special use regulations and determines that it is necessary for the Planning Commission to restudy the issue of where adult businesses should be permitted in the general commercial district as well as whether adult businesses should be permitted in any other zoning district of the City. SECTION 2: The City Council hereby finds that the possibility that the City's special use regulations pertaining to adult businesses, contained in section 17.10.030(F) 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. The City' Council further finds that the approval of additional subdivisions, use permits, variances, building permits, and any other applicable entitlement for use 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 Section 65858. SECTION 4: The following regulations are hereby enacted: A. "Adult businesses", as defined by the City of Rancho Cucamonga Development Code, are prohibited uses in all development districts 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 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. Ordinance No. 253 Page 2 PASSED, APPROVED, and ADOPTED this 6th day of Harch, 1985. AYES: Wright, Buquet, Mikels, Dahl, King NOES: None ABSENT: None yD. -Mii~ls, gayor~ ATT]~ST: ~ · / Beverly t./ Authelet:, City Clerk