5456ORDINANCE NO. 5456
AN ORDINANCE OF THE CITY OF ANAHEIM (1) AMENDING
ORDINANCE NO. 5445, AN INTERIM MEASURE
PROHIBITING CERTAIN USES OF PROPERTY IN THE
CITY WHICH WOULD BE IN CONFLICT WITH A ZONING
ORDINANCE NOW PENDING, (2) EXTENDING SAID
ORDINANCE NO. 5445, AS AMENDED, AND (3)
DECLARING THAT THIS ORDINANCE IS AN EMERGENCY
MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT.
WHEREAS, the City of Anaheim has heretofore adopted a
zoning code containing zoning regulations and restrictions for
the City of Anaheim as codified in Title 18 of the Anaheim
Municipal Code (hereinafter the "Zoning Code"); and
WHEREAS, certain portions of said Zoning Code provide
for the regulation of Sex -Oriented Businesses as such term is
defined in Section 18.89.020 of the Anaheim Municipal Code; and
WHEREAS, on July 12, 1993, the United States District
Court, Central District of California, entered its judgment,
which judgment is now final, in the case of Sandra Dease, d/b/a
the Wounded Knee Saloon v. the City of Anaheim, 826 F. Supp. 336,
finding unconstitutional certain provisions then contained in the
Zoning Code relating to Sex -Oriented Businesses (then referred to
in the Zoning Code as "Adult Entertainment Businesses"); and
WHEREAS, as a result of said court decision, the City
adopted its Ordinance No. 5399 (the "Sex -Oriented Business
Ordinance") on October 5, 1993, which permits Sex -Oriented
Businesses (as such term is defined therein) in areas within
certain commercial and industrial zones of the City subject to
compliance with the standards set forth in said Sex -Oriented
Business Ordinance; and
WHEREAS, on August 16, 1994, the City adopted its
Ordinance No. 5445, an interim measure prohibiting new Sex -
Oriented Businesses in the Light Industrial ("ML") and Heavy
Industrial ("MH") Zones of the City for a period of 45 days while
the City studied a zoning proposal concerning possible amendments
to the Zoning Code concerning the regulation of, and permissible
locations for, Sex -Oriented Businesses in the City; and
WHEREAS, the City has studied said zoning proposal and
has this date adopted said new zoning proposal by Ordinance No.
5452 which ordinance affects property in the commercial zones as
well as industrial zones of the City; and
WHEREAS, Ordinance No. 5452 will take effect on October
28, 1994; and
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WHEREAS, Ordinance No. 5445 will expire on October 1,
1994, unless extended; and
WHEREAS, the City Council finds that it is necessary to
amend said Ordinance No. 5445 to apply to all areas of the City
due to the adoption of Ordinance No. 5452; and
WHEREAS, prior to the adoption of Ordinance No. 5445,
the City had received one or more applications for permits
pursuant to Chapter 18.89 of the Anaheim Municipal Code to
authorize Sex -Oriented Businesses within the areas which are the
subject of Ordinance No. 5445 and which applications were still
pending on the date Ordinance No. 5445 was adopted (the "pending
applications"); and
WHEREAS, under the current terms of Ordinance No. 5445,
the pending applications cannot be approved, denied or otherwise
be acted upon during the period said Ordinance No. 5445 is in
effect; and
WHEREAS, the City Council further finds that it is
necessary to exempt the pending applications from the effect of
Ordinance No. 5445 in order to protect the public peace, health
or safety for the reasons hereinafter set forth; and
WHEREAS, to protect the public peace, health or safety,
the City Council adopts this ordinance as an emergency measure
amending and extending interim Ordinance No. 5445 in the manner
hereinafter set forth.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SECTION 1.
That Section 1 of Ordinance No. 5445 be, and the same
is hereby, amended to read as follows:
"SECTION 1.
Notwithstanding any provision of the Anaheim
Municipal Code to the contrary, no permit or entitlement
of any nature whatsoever shall be issued by the City of
Anaheim for the commencement, establishment, expansion,
construction or modification of any Sex -Oriented Business,
as hereinafter defined, within the City of Anaheim during
the period this ordinance is in effect."
SECTION 2.
That Section 2 of Ordinance No. 5445 be, and the same
is hereby, amended to read as follows:
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"SECTION 2.
No person or entity shall commence, establish,
operate, maintain, or engage in any Sex -Oriented Business,
as hereinafter defined, whether as an owner, operator,
manager, employee, performer, volunteer, or otherwise,
upon any property within the City of Anaheim during the
period this ordinance is in effect."
SECTION 3.
That Section 3 of Ordinance No. 5445 be, and the same
is hereby, amended to read as follows:
"SECTION 3. EXEMPTIONS.
(A) Nothing contained in this ordinance shall
apply to any Sex -Oriented Business, as hereinafter defined,
which lawfully existed within the City of Anaheim at the
time this ordinance became effective; provided, however, no
such lawfully existing use shall be expanded or enlarged
during the period this ordinance is in effect.
(B) Nothing contained in this ordinance shall
prevent the City from approving, denying or otherwise acting
upon any application for a Sex -Oriented Business Permit
which application was filed with the License Collector of
the City of Anaheim pursuant to the provisions of Chapter
18.89 of the Anaheim Municipal Code on or before August 16,
1994 (hereinafter 'Pending Application').
(C) Notwithstanding the provisions of subsection
.040 of Section 18.89.030 of the Anaheim Municipal Code, the
time period within which the License Collector shall be
required to approve or deny any Pending Application shall be
deemed extended from and after September 27, 1994 by the
number of calendar days equal to the number of calendar days
between August 16, 1994 and the date the License Collector
was otherwise required to act upon said Pending Application
pursuant to the provisions of said subsection .040 of
Section 18.89.030 of the Anaheim Municipal Code.
(D) Nothing contained in this ordinance shall
prohibit any person or entity from constructing, commencing,
establishing, operating, maintaining or engaging in any Sex -
Oriented Business, whether as owner, operator, manager,
employee, performer, volunteer, or otherwise, pursuant to,
and in accordance with the terms of, any Sex -Oriented
Business Permit hereinafter approved by the License
Collector pursuant to a Pending Application.
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(E) The exemption provided by this Section shall
not apply to any Pending Application, or the property which
is the subject of said Pending Application, in the event of
and following the denial of said Pending Application by the
License Collector of the City of Anaheim."
SECTION 4. EXTENSION OF ORDINANCE NO. 5445.
Ordinance No. 5445 of the City of Anaheim, as herein
amended, be, and the same is hereby, extended for an additional
period of time to expire at 12:01 a.m., October 28, 1994.
adoption.
SECTION 5. EFFECTIVE DATE OF ORDINANCE.
This ordinance shall take effect immediately upon
SECTION 6. PENALTY FOR VIOLATION.
Any violation of this ordinance shall be a misdemeanor
punishable as set forth in Section 1.01.370 of the Anaheim
Municipal Code.
SECTION 7. SEVERABILITY.
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence, phrase, term or
word of this ordinance, hereby adopted, be declared for any
reason to be invalid, it is the intent of the City Council that
it would have adopted all other portions of this ordinance
independent of the elimination herefrom of any such portion as
may be declared invalid.
SECTION 8. DECLARATION OF URGENCY.
The City Council declares that this ordinance is
necessary as an emergency measure for the immediate protection of
the public peace, health or safety pursuant to Section 511 of the
City Charter and the reasons for its urgency are as follows:
1. On July 12, 1993, a decision of the United States
District Court declared certain provisions of the Zoning Code
relating to Adult Entertainment Businesses (now termed "Sex -
Oriented Businesses") unconstitutional; and
2. On October 5, 1993, the City adopted Ordinance No.
5399 establishing new regulations for Sex -Oriented Businesses and
permitting such businesses in certain areas of certain commercial
and industrial zones of the City; and
3. On August 16, 1994, the City Council received
information and complaints that certain of said industrial zones
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and areas may not be suitable locations for Sex -Oriented
Businesses, and directed that a study be made concerning the
possible amendment of the Zoning Code relating to Sex -Oriented
Businesses and their permitted locations in the industrial zones
of the City (the "zoning proposal"); and
4. On August 16, 1994, the City Council adopted
Ordinance No. 5445 prohibiting the establishment of new Sex -
Oriented Businesses within the industrial zones of the City for a
period of 45 days pending the completion of such study and the
possible adoption of such zoning proposal; and
5. Following such study, the City has adopted this
date new zoning regulations by Ordinance No. 5452 which shall
take effect on October 28, 1994; and
6. Prior to the effective date of Ordinance No. 5452,
the City may receive applications for certain permits or
licenses, or certain uses may be proposed or established within
the City which would conflict with the regulations set forth in
Ordinance No. 5452; and
7. Unless this ordinance is adopted as an emergency
measure, Sex -Oriented Businesses may be established at certain
locations within the City of Anaheim prior to the effective date
of Ordinance No. 5452 which uses or locations would conflict with
the provisions of Ordinance No. 5452 and, therefore, be
detrimental to the public peace, health or safety; and
8. Prior to August 16, 1994, the City had received
certain applications for Sex -Oriented Business Permits relating
to property in the industrial zones which applications cannot be
acted upon during the period Ordinance No. 5445 is in effect; and
9. Due to the alleged substantial investments made by
the applicants concerning such prior applications, existing
escrows, the current uncertainty for such applicants and property
owners regarding such applications, and possible litigation
between applicants and property owners and among applicants,
property owners and the City, it is in necessary for the
preservation of the public peace, health or safety to amend said
Ordinance No. 5445 in the manner provided herein; and
10. Since Ordinance No. 5445 was adopted as an
emergency measure and will otherwise expire prior to the regular
effective date of this ordinance, it is necessary to adopt this
extension of Ordinance No. 5445 as an emergency measure for the
reasons set forth in both this Section and in Section 8 of
Ordinance No. 5445, the provisions of which are incorporated
herein by this reference as if set forth in full.
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SECTION 9. DECLARATION OF AUTHORITY.
Ordinance No. 5445 was, and this ordinance is, adopted
pursuant to the authority of the City of Anaheim as a charter
city as set forth in Sections 5 and 7 of Article 11 of the
Constitution of the State of California and Section 511 of the
Charter of the City of Anaheim.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 27th day of September,
1994.
MAY R OF THE Y OF 61AHEIM
ATTEST:
O�41;�a
CITY -CLERK OF THE CITY OF ANAHE
8510.4\JUHITE\September 28, 1994 6
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing urgency Ordinance
No. 5456 was duly passed and adopted at a regular meeting of the City Council of the City of Anaheim held on the
27th day of September, 1994 and after reading of the ordinance by the City Attorney by the following vote of the
members thereof:
AYES:
COUNCIL MEMBERS:
Feldhaus, Pickier, Hunter, Daly
NOES:
COUNCIL MEMBERS:
None
ABSENT:
COUNCIL MEMBERS:
Simpson
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5456 on the 28th day
of September, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th
day of September, 1994.
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CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of
Ordinance No. 5456 and was published once in the Anaheim Bulletin on the 6th day of October, 1994. - —
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CI CLERK OF THE CITY OF ANAHEIM