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