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Home My WebLink About1983/05/23 - Agenda Packet - Special' Ct`CA.110,1, pro Cf CITY OF RANCHO C(Xi1M0NGA CITY COUNCIL Z Z AGENM U > 1977 Lions Park Community Center 9161 Base Line Road Rancho Cucamonga, California Monday, May 23, 1983 - 6:15 p.m. Special Meeting 1. CALL TO ORDER Roll Call: Dahl_, Buquet_, Schlosser_, Frost_, and Mikels 2. PUBLIC HEARINGS bCONSIDF.RATION OF EXTENDING MORATORIUM ON ORDINANCE NO. 200 - THE ADULT BUSINES ORDINANCE. Ordinance No. 200 was approved as an urgency measure on April 6 for a period of 45 days. The ordinance expired on Friday, May 20, 1983. Under consideration is an ordinance to extend the moratorium on adult businesses for an additional period of ten months and fifteen days. This moat be approved by a four- fifths vote of the Council. ORDINANCE NO. 200 -A (urgency) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 EXTENDING A MORATORIUM ON THE ESTABLISHMENT OF ADULT BUSINESSES, AND DECLARING THE URGENCY THEREOF. 3. ADJOURNMENT 1- 4-- M E M O R A N D U M TO: Lauren Wasserman, City Clerk FROM: Robert E. Dougherty, City Attorney DATE: April 25, 1983 C�`ds•_�•�� RE: Adult Businesses Ordinance No. 200, adopted by the City Council on April 6, 1983, will expire by its terms on May 20, 1983, unless its life is extended as provided by Government Code §65858(a). Ordinance No. 200 may be extended, by a four - fifths (4/5) vote of the City Council, for an additional period of ten (10) months and fifteen (15) days. I am enclosing an Ordinance which will serve to extend Ordinance No. 200. The enclosed Ordinance should be set for pub- lic hearing on May 18, 1983. section 65858 requires that notice of the public hearing be given pursuant to Government Code §65856. Section 65856 in turn refers to §65854 which requires that notice of the public hearing be given at least ten (10) calendar days before the hearing by publication at least once in a newspaper of general circulation, published and circulated in the City. It is our recommendation that you set the Ordinance for public hearing and give the required notice. RED:sjo Enclosure ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65$58 EXTENDING 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 April 6, 1983 the City Council adopted ordin- ance No. 200 under the authority of Government Code 565858 to impose a moratorium on the establishment of adult businesses in the City for a period of forty -five (45) days from said adoption. SECTION 2: Government Code 565858(a) provides that after notice pursuant to 565856 of the Government Code and public hear- ing, the City Council may extend Ordinance No. 200 for ten (10) months and fifteen (15) days upon a four - fifths (4/5) vote of the City Council. SECTION 3: The City Council finds that notice pursuant to Government Code s65856 has been given for the time and in the man- ner required by law and a public hearing on the question of whether ordinance No. 200 should be extended was held by the City Council on May 18, 1983. SECTION 4: The City Council also finds that it is necessary for the Planning Commission to have more time to restudy the issue of where adult businesses should be permitted in the City, and, thereafter, along with the City Council, to take appropriate ac- tion of a permanent nature regulating the location of such busi- nesses. SECTION 5: Ordinance No. 200 of the City of Rancho Cucamonga should be, and hereby is, extended in full force and effect for a period of ten (10) months and fifteen (15) days following the date on which, but for this extension, it would have expired by its terms. SECTION 6: This ordinance is hereby declared to be an urgen- cy measure, and it shall take effect immediately upon its adoption. SECTION 7: 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 circula- tion published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this day of , 1983. AYES: NOES: ABSENT: ATTEST: CITY CLERK § 65857 GOVERNMENT CODE un d of sx n'rs rf sa,mo re to County read) ) per (Led m me Ic m iaf ardl.anee 1195x1 56 Cv1.RVtr. 52. 259 CA , ^.d 99. plxnninRngmnm!s.pn .,.hmtt v M1or, raan Re 2. Vno,. a nee r an, other nl Pndmenl la x-romr LI the ell;. -hh:rr ♦ Itrarrl f pea ( Se- coh +. x ..lens vVrnM1lrm frrxm>Itr roper y n err In l'min lY' 0998) 66 Cwl, Roll 5R. 259 owner who ,e Pssentie: rr Jh,res it C.A.2d 99. § 65858. Interim ordinances as emergency measure.; duration of ..it.. Trot If . section aprr.ti Iv"Writ Ann. 1, 1989 . lot lVithoet following the prorndnrrs mhorwise redound prelim henry to the step. lion of it r. ofing ordin8ntr, the Irgisletive hotly. to Vrntert the public safety, health nd a'rlf:: may mlapt as all o,m,ohy measnm Ice interim nrilmeee PI'"hibitinR xny use" whirl hey hr in rnnflirt with a omltrmpleted zoning Profess] whieh the Irgwlnlivr hob', planning rontle lion ,, 14u phmalot departmem is considering or .tod5'ing or inlwula to stilly within a redx.wNle, tins•. Sort, organ, menxure shall rmmiro a font firths Vmr .f the Irgislnt,, body for .dorm".. S"rh interim ordl nom, shall hr .f n, funbrr fan r nod effolt 45 dny'c from Its date of adoption • After not!rr Pn tenant to grrtinn Itil�,6 and Vnh"I' leering• the Irglaln live 1 1, may extend snrh interim .oholoorr for 10 mnntha mul 15 days and sole1noeno Ip estrnli snrh interim nrdinnnvr for our yr "r. , \ny' mv:h r. slensi6n shell also re- lplin` a fn I, fifths Vote far mloptiun. Net more Ihau the two onch refensio a may N. ohoh M. IId Alternntirrly, ,It interim ordivanre may he m oplyd by n four - fifths Vole fol- Inwing omit, pursuant to ,ertim. 113KofI and Puhlir hrnring. in whieh ease It .hell 1., of nn fllrthnr fora :,all effort J.i days from it" find` of ad "ptlan. After notice pmmeanr to Satin. 8:dG8 mid Tolth, Lraring, the Isgishro, laxly may by a four - fifths vote extend snrh imprint ordinal not for its manths antl 18 days. Irl 'yhn Irgi dinlier hlxU' "boll nnl adapt n estrnd_nny interim ..dh ollee Pursuant Ir4ialntivr hndy shell !.c9nr a writton rrlslmt dent. nlrlg 1 i.x•Ill] r.ndllii whieh Ird En the oho7qj It, of the oldiraner- Irl \\'lu•n any snrh inir rim ..lion ore had hero ndnphnl, rrery mlhavdnent ordt- thehor nll.iltrd loo-moint to this Arrth e. rclVrring the who ;, "r R Pni of the dale. ,orlimrty, .111x11 antemotiraily trrndnstr xnd he of no farther forte Ire effect ppou Ihr trrmimltine of the first snrh mlinnnre or any extension therefor as herein pro tided. This so lion shell r n to "PPrI only l o li der V L 19fA. antl a f north 11nm is yprnlrrl. unless n I1 1 r mmnrd !rtnhrtr, which In rhnptn led before damlary i, 19N!1. JrlrOn tP1lW1i snrh Mb• L \mended by emtx.lmol •. Bfw p 13n.i, 4 1: Btats.19711 a 197. P. gild, A 1: Scats. IpN1, r. 1108, g 1.) Per t«rl of acelion ""daT4 Ann. 1. 1989, are 1 65858, past. hiss, Amendment. Added throollmate into Amendment. rinnvrMd III- lcleioo tell' R.Ptlrna: then. In he third er lane- .f ... IWf Pme"'menG 9n Fnt l"lyd In the aloes • exth ed 15 data from LLa 11h, P cents. 'four onthv' rnr '9n nubs, ar) Ixyn' f"Ilnn'InR' n !u tiler for r and M1 I, at IfnnUnn.' for "fen mamba from fort dehoo dI from Ur trot esn of IFn lhr dvtr rt fond.. metro!;" xt he M- IhlII r. ton, n, th P, Rinnln4 of the wl. lh stolen rP f Mad. toth fnllowIn "II,P InRlslxtiva hmlY Inn ted "p vlartl, Ilolwev`r.lhe that" -ad ad the nn^' inn 1 In vortril the nrdP IRht Mallard .\flel" a lha i a, nnrn llY r toll nth Ice feu fns sr temp^ f aW. et), omb.theted trrlm nod moor. (aft prrrnllnx Ile .tale "In Innnllln 1 I5 day. for 'aught r end Inserted the rolvlM1w ern ih), la.mjItu el11,45 d ye earn It. data at roan Underline Indicate. ehsnpee or addition, by amandm,et NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Rancho Cucamonga City Council will hold a public hearing in the Council Chambers located in the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga, on Monday, May 23, 1983, at 6:15 p.m. to consider the following Ordinance: ORDINANCE NO. 200 -A AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 EXTENDING A MORATORIUM ON THE ESTABLISHMENT OF ADULT BUSINESSES, AND DECLARING THE URGENCY THEREOF, ALL INTERESTED PARTIES are invited to attend said Hearing and express ooinions or submit evidence for or against the above ordinance. Said Ordinance may be obtained or reviewed at the City Clerk's Office, 9320 Base Line Road, Suite C, Rancho Cucamonga, Lauren M. Wasserman Lauren M. Wasserman, City Clerk DATED: May 11, 1983 41 M E M 0 R A N D U M, TO: Lauren Wasserman, City Clerk FROM: Robert E. Dougherty, City Attorney DATE: March 31, 1983 RE: Adult Businesses Enclosed please find a proposed urgency Ordinance entitled "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" and my memorandum to the City Council. I recommend that you place this matter on the next available City Council Agenda. The Ordinance must be adopted by a four-fifths (4/5) vote, and if it is so aaopced will be effective for only forty - five (45) days. If the Ordinance is adopted, then it should be rescheduled for a public hearing and for an extension vote at the following City Council meeting. For your information I am enclosing a copy of Section 65858. Please refer to your set of codes for the notice procedures of Government Code Section 65856. RED: sjo Enclosures �S4 ORDINANCE NO. 2 O h 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 Cucamonaa 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 deci- sion 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 Cali- fornia Appellate Courts have held that "Detroit type" ordinances can be found to be unconstitutional as applied and such a determin- ation is dependent upon facts peculiar to the adopting jurisdiction. Because of these recent cases 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 b^ 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 uncon- stitutional 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 �S.S 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 Dail Report, a newspaper of general circula- tion published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this day of 1983. AYES: NOES: ABSENT: ATTEST: City Clerk 34 ORDINANCE NO. 200 -A AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 EXTENDING 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 April 6, 1983 the City Council adopted Ordinance No. 200 under the authority of Government Code Section 65858 to impose a moratorium on the establishment of adult businesses in the City for a period of forty -five (45) days from said adoption. SECTION 2: Government Code Section 65858(a) provides that after notice pursuant to Section 65856 of the Government Code and public hearing, the City Council may extend Ordinance No. 200 for ten (10) months and fifteen (15) days upon a four - fifths (4/5) vote of the City Council. SECTION 3: The City Council finds that notice pursuant to government Code Section 65856 has been given for the time and in the manner required by law and a public hearing on the question of whether Ordinance No. 200 should be extended was held by the City Council on May 18, 1983• SECTION U: The City Council also finds that it is necessary for the Plannning Commission to have more time 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 5: Ordinance No. 200 of the City of Rancho Cucamonga should be, and hereby is, extended in full force and effect for a period of ten (10) months and fifteen (15) days following the date on which, but for this extension, it would have expired by its terms. SECTION 6: This Ordinance is hereby declared to be an urgency measure, and it shall take effect immediately upon its adoption. SECTION 7: 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 circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 18th day of May, 1989. AYES: NOES: ABSENT: Jon D. Mikels, Mayor ATTEST: Lauren M. Wasserman, City Clerk