HomeMy WebLinkAboutCC ORD 1991-2011 Moratorium on opening of adult businesses; re- peals Ord. 2008 (Special)ORDINANCE NO. 91-2011
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,
AND REPEALING ORDINANCE NO. 91-2008
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 10 months and 15
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 10 months and 15 days
from the effective date of this Ordinance, no building permit,
occupancy 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. Ordinance No. 91-2008 is hereby re-
pealed.
Section 5. 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.
PASSED and ADOPTED this 28th day of May, 1991.
George H.� aters, Mayor
ATTEST:
6tt 0.• 4,7)
4i Anne Peoples,ity Clerk
APPROVED AS TO FORM:
d6
40
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City,
California, on MAY 28, 1991 by the following vote, to -wit:
Ayes: councilmen Dalla, Inzunza, Van Deventer, Zarate, Waters
days: Councilmen None
Absent: Councilmen None
Abstain: Councilmen None
AUTHENTICATED BY: GEORGE B. WATERS .
Mayor of the City of National City, California
• )
City Cle k of the City of National City, California
�
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was adopted on
MAY 28, 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- 2 011 of the City of National
City, passed and adopted by the Council of said City on MAY 28
1991 •
LORI ANNE PEOPLES
City Clerk of the City of
Wati ci.Sry; : .{ f o ni A