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HomeMy WebLinkAboutCC ORD 1991-2008 Moratorium on opening of adult businesses (Repealed by 2011)ORDINANCE NO. 91-2008 AN INTERIM ORDINANCE OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE ENACTING A MORATORIUM ON THE OPENING OF ADULT BUSINESSES WITHIN THE CITY WHEREAS, it has been held by the United States Supreme Court that a city may regulate the location of adult businesses in order to eliminate the blighting effect of such businesses; and WHEREAS, in order to eliminate the negative second- ary effects of adult businesses, the City Council of the City of National City has enacted Chapter 18.69 of the National City Municipal Code; and WHEREAS, for purposes of this Ordinance, "adult business" shall include any of those businesses listed in Section 18.69.030 of the National City Municipal Code; and WHEREAS, there has arisen an urgent need to consider an amendment to the provisions of Chapter 18.69 pertaining to the location of adult businesses within the City; and WHEREAS, there is an urgent need to prohibit those uses which may be in conflict with the provisions of Chapter 18.69 which are to be studied and considered; and WHEREAS, without such a prohibition, there is a danger of a proliferation of adult business in the City, without regard to appropriate location limitations, which would result in a blighting influence upon the City; and WHEREAS, the City Council finds that there is a current and immediate threat to the public health and welfare by the establishment of adult businesses within the City with- out effective restrictions as to the location of such busi- nesses, and that the continued issuance of building permits, occupancy permits, or other entitlements for such businesses without restrictions as to their location would result in a threat to the public health and welfare; and WHEREAS, the City Council finds it essential to protect the health and welfare of the citizens of National City to enact a moratorium for a period of 45 days on the establishment of any adult business within the City; and Continued on Page Two Ordinance No. Page 2 of 2 WHEREAS, the City Council intends to adopt, after appropriate study, amended zoning regulations governing adult businesses as soon as practicable and directs the Planning Commission to commence studies and procedures necessary for the adoption of such regulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. For a period of 45 days from the effective date of this Ordinance, no building permit, occupan- cy permit, or other entitlement for use shall be issued for any adult business within the City. Section 2. The City Council hereby directs the Planning Commission to commence studies and procedures necessary for the adoption of regulations governing the location of adult businesses. Section 3. This Ordinance shall not apply to any adult business operating within the City prior to August 29, 1989. Section 4. This Ordinance is adopted as an urgency ordinance necessary for the immediate preservation of the public health and welfare within the meaning of the Government Code and shall take effect immediately. 1991. ATTEST: PASSED and ADOPTED this 23rd day of April Lori Anne Peoples City Clerk APPROVED AS TO FORM: Geof'ge H. Eiser, III City Attorney George H' Waters, aters, Mayor Passed and adopted by the Council of the City of National City, California, an April 23, 1991 by the following vote, to -wit: Ayes: Councilmen Dalla, Inzunza, Van Deventer, Zarate, Waters Nays : Councilmen None Absent: Councilmen None Abstain: Councilmen None AUTHENTICATED BY: GEORGE H . WATERS Mayor of the City of National City, California LORI ANNE PEOPLES City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was adopted on April 23, 1991. , under the provisions of Sec .65858 of the Government Code. I FURTHER CERTIFY that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the mem- bers elected to the Council. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No.91-2008 of the City of National City, passed and adopted by the Council of said City on April 23,, 1991 City Clerk of the City of National City, California