5362ORDINANCE NO. 5362
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 18.03.060 OF CHAPTER 18.03 BY ADDING
SUBSECTION 18.03.060.050, AND AMENDING
SECTIONS 18.03.080 AND 18.03.083 OF CHAPTER
18.03 OF TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE, CONCERNING FIRST AMENDMENT USES, AND
DECLARING THAT THIS ORDINANCE IS AN URGENCY
MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That Section 18.03.060 of Chapter 18.03 of Title 18 of
the Anaheim Municipal Code be, and it is hereby, amended by
adding thereto a new subsection 18.03.060.050, which subsection
18.03.060.050 shall read as follows:
11.050 Expedited procedure for Uses Involving First
Amendment Activities.
Notwithstanding any other provision of this
Chapter, the Planning Commission public hearing on a
permit or entitlement for any use which consists
essentially of dissemination of information or other
speech or expression protected by the First Amendment
to the United States Constitution shall not be
continued more than once, nor to a date later than 16
days following the date on which the public hearing was
initially scheduled, except with the consent of the
applicant; provided, however, failure of the applicant
to appear in person or by an authorized representative
at a scheduled hearing shall be deemed consent to a
continuance to the next regular meeting. The Planning
Commission shall announce its decision and the reasons
therefor at the same meeting at which the public
hearing is closed. If the time limits set forth herein
are not complied with for any reason other than the
actions of the applicant, the matter shall, upon the
expiration of the date for the Planning Commission to
announce its decision, be deemed automatically referred
to the City Council without action or recommendation
for such further proceedings as may be required by law.
The term "dissemination of information or other speech
or expression protected by the First Amendment to the
United States Constitution" as used herein shall
include, but is not necessarily limited to, sale or
rental of books, periodicals, audiotapes or videotapes,
and live or recorded theatrical or musical performances
such as motion pictures, speaking, pantomime, singing
or dancing, or any combination thereof, before an
audience. In order to invoke the provisions of this
subsection, the applicant shall be required to state on
the application for such permit or entitlement, in a
space provided for such purpose, that the use consists
essentially of dissemination of information or other
speech or expression which is protected by the First
Amendment to the United States Constitution, and that
the applicant elects to use the expedited procedure.
Failure to so state on the application shall be deemed
an election by the applicant to waive the expedited
procedure."
SECTION 2.
That Section 18.03.080 of Chapter 18.03 of Title 18 of
the Anaheim Municipal Code be, and it is hereby, amended to read
as follows:
1118.03.080 REVIEW AND APPEALS OF PLANNING COMMISSION
ACTIONS; EXPEDITED PROCEDURE FOR FIRST AMENDMENT
ACTIVITIES.
The action of the Planning Commission on any
reclassification, variance or conditional use permit shall
be final and effective twenty-two (22) days following the
action thereon unless, within such twenty -two-day period, an
appeal in writing is filed with the City Council by any
person or unless a request to review said decision is made
by two (2) or more members of the City Council, or unless
the City Planning Commission requests a review of its
decision. Notwithstanding the above, the period within
which a written appeal may be filed, or within which a
request may be made by two (2) or more members of the City
Council for review of the decision of the Planning
Commission, upon an application for a permit or entitlement
for any use which consists essentially of dissemination of
information or other speech or expression protected by the
First Amendment to the United States Constitution (as
defined in Section 18.03.060.050 of this Code) shall be ten
(10) days, rather than twenty-two days. Upon receipt of a
written appeal or request to review the decision of the
Planning Commission, the City Clerk shall so notify the
Secretary of the Planning Commission. The Secretary of the
Planning Commission or the Planning Director shall make
available at the City Council public hearing thereon all
files, records, exhibits and plans pertaining to the
application or applications."
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SECTION 3.
That Section 18.03.083 of Chapter 18.03 of Title 18 of
the Anaheim Municipal Code be, and it is hereby, amended to read
as follows:
"18.03.083 DATE AND NOTIFICATION OF APPEALS AND
REVIEWS; EXPEDITED PROCEDURE FOR FIRST
AMENDMENT ACTIVITIES.
Upon the election of the City Council to
review any action of the Planning Commission, or upon
the receipt of a written appeal filed with the City
Council as provided herein, the City Clerk shall advise
the Secretary of the Planning Commission of the
election of the City Council to review such action of
the Planning Commission, or that an appeal therefrom
has been filed, whereupon the Secretary of the Planning
Commission shall transmit to the City Clerk for the use
of the City Council the complete record in said case,
including a resolution of its findings and actions, and
a report and summary of the evidence presented to the
Planning Commission. Upon receipt of the files in such
matter, the City Clerk shall set the matter for public
hearing within a period not to exceed sixty days
following the receipt of said written appeal or the
election of the City Council to review any action of
the Planning Commission, and shall give notice of such
public hearing as herein provided. However, in the
case of an appeal or review of a permit or entitlement
for any use which consists essentially of dissemination
of information or other speech or expression protected
by the First Amendment to the United States
Constitution (as defined in Section 18.03.060.050 of
this Code): (i) the City Clerk shall set the public
hearing for the next regular meeting of the City
Council following receipt of the written appeal or
election of the City Council to review the action of
the Planning Commission for which legal notice and
publication requirements can be met; (ii) such meeting
shall, in any event, be no more than twenty days after
receipt of the written appeal or election to review;
(iii) the public hearing shall not be continued more
than once, nor to a date later than 14 days following
the date on which the public hearing was initially
scheduled, except with the consent of the applicant;
and (iv) notwithstanding the preceding subparagraph,
failure of the applicant to appear in person or by an
authorized representative at the scheduled hearing
shall be deemed consent to a continuance to the next
regular meeting."
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SECTION 4.
That 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 and
Section 514 (d) of the Charter of the City of Anaheim, and that
the facts constituting the emergency are as follows:
1. A court action has been brought against the City
alleging constitutional invalidity of portions of Chapter 18.03
as applied to adult entertainment businesses and seeking a
preliminary and a final injunction against its enforcement. A
court hearing is set for April 12, 1993 on the Petitioner's
request for a Temporary Restraining Order or preliminary
injunction.
2. If a preliminary injunction were to be granted,
enjoining enforcement of the current provisions of Chapter 18.03
or Chapter 18.89 of the Anaheim Municipal Code, persons could
establish adult entertainment businesses without any of the land -
use controls contained in those Chapters, unless this ordinance
is introduced and adopted as an emergency ordinance.
Accordingly, in order to protect the public peace, health, or
safety, it is necessary that this ordinance take immediate
effect.
SECTION 5. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 6. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
of any other ordinance of this City shall in any manner affect
the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be
construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. The provisions
of this ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
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SECTION 7.
This ordinance shall become effective immediately upon
its adoption.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 6th day of April , 199 3.
MAYOR OF THE/ CITY Oy ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
808.1\EEGAN\March 30, 1993 5
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 Ordinance No. 5362
was introduced and adopted at a regular meeting of the City Council of the City of Anaheim held on the 6th day of
April, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickier, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5362 on the 7th day
of April, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 7th
day of April, 1993.
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. 5362 and was published once in the Anaheim Bulletin on the 15th day of April, 1993.
CITY CLERK OF THE CITY OF ANAHEIM