HomeMy WebLinkAboutCC ORD 1992-2027 Moratorium on opening of adult businesses (Special)ORDINANCE NO. 92-2027
AN INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858
AS AN URGENCY MEASURE EXTENDING THE
MORATORIUM ON THE OPENING OF
ADULT BUSINESSES WITHIN THE CITY.
WHEREAS, it has been held by the United Stated 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 secondary 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 without effective
restrictions as to the location of such businesses, 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 adopted Ordinance No. 91-2011 enacting a moratorium on
the opening of adult businesses within the City on May 28, 1991, for a period of 10 months and 15
days, and
WHEREAS, the City Council finds it essential to protect the health and welfare of the
citizens of National City to extend the moratorium for a period of one year on the establishment
of any adult business within the City; and
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. No building permit, occupancy permit, or other entitlement for use shall be
issued for any adult business within the City prior to April 12, 1993.
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.
PASSED and ADOPTED this 24th day of March, 1992.
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GEORGE H. WATERS, MAYOR
A 1'1'EST:
� RI ANNE PEOPLES, ITY CLERK
APPROVED AS TO FORM:
GEORGE H. EISER, III -CITY ATTORNEY
Passed and adopted by the Council of the City of National City,
California, on March 24, 1992 by the following vote, to -wit:
Ayes: Councilmen Dal1a, Inzunza, Van Deventer, Zarate, Waters
Nays:Councilmen None
Absent: Councilmen None
Abstain: Councilmen None
AUTHENTICATED BY: GEORGE B . WATERS
Mayor of the City of National City, California
City ' Clerk of the City of National ty, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was adopted on
March 24, 1992 , 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.92--2027 of the City of National
City, passed and adopted by the Council of said City on
March 24, 1992
LORI ANNE PEOPLES
City Clerk of the City of
National City, California