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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 1 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: 2 L "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. 3 k (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 4 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. 5 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 k 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. i 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. - — – �70 2 �;;4z CI CLERK OF THE CITY OF ANAHEIM