5445A
ORDINANCE NO. 5445
AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTING AN
INTERIM MEASURE PROHIBITING CERTAIN USES OF
PROPERTY WHICH MAY BE IN CONFLICT WITH A ZONING
PROPOSAL THE CITY IS STUDYING OR INTENDS TO STUDY
AND 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 (referred to in
the Zoning Code at that time 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 certain 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 narrow, objective and definite
standards set forth in said Sex -Oriented Business Ordinance; and
WHEREAS, under the provisions of the current Sex -
Oriented Business Ordinance, certain existing Sex -Oriented
Businesses are permitted to remain at their current locations and
certain other of such businesses are required to eventually be
either discontinued or relocated to another location within the
City; and
WHEREAS, the owners of certain property and businesses
within the industrial zones of the City have recently set forth
their concerns and made objections relating to permitting Sex -
Oriented Businesses in the industrial zones of the City; and
WHEREAS, such concerns and objections have now caused
the City Council of the City of Anaheim to direct a further study
of said Sex -Oriented Business Ordinance, and specifically the
locations wherein such businesses are permitted, with the
understanding by the City Council that an adequate number of
locations for such businesses must reasonably be provided in the
City of Anaheim; and
WHEREAS, the City intends to study and consider the
adoption of a new zoning proposal concerning possible amendments
to the Zoning Code relating to the regulation of Sex -Oriented
Businesses in the City of Anaheim (hereinafter the "zoning
proposal"); and
WHEREAS, to protect the public peace, health or safety,
the City Council adopts this interim ordinance as an urgency
measure to temporarily prohibit any uses as hereinafter provided
which may be in conflict with the aforesaid zoning proposal prior
to its consideration by the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN 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, in any "ML" Limited Industrial Zone or "MH" Heavy
Industrial Zone of the City during the period this ordinance is
in effect.
SECTION 2.
No person or
maintain, or engage in
defined, whether as an
performer, volunteer,
City of Anaheim which
Industrial Zone or the
during the period this
entity shall commence, establish, operate,
any Sex -Oriented Business, as hereinafter
owner, operator, manager, employee,
or otherwise, upon any property within the
is located within either the "ML" Limited
"MH" Heavy Industrial Zone of the City
ordinance is in effect.
SECTION 3. EXEMPTIONS.
The provisions of this ordinance shall not apply to any
Sex -Oriented Business, as hereinafter defined, which lawfully
existed within either the "ML" Limited Industrial Zone or "MH"
Heavy Industrial Zone of 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.
SECTION 4. DEFINITIONS.
The term "Sex -Oriented Business" as used in this
ordinance shall have the same meaning as set forth in Section
18.89.020 of the Anaheim Municipal Code.
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The term "'ML' Limited Industrial Zone" shall mean the
property heretofore or hereinafter classified into that certain
zone of the City of Anaheim as described in Chapter 18.61 of the
Anaheim Municipal Code.
The term "'MH' Heavy Industrial Zone" shall mean the
property heretofore or hereinafter classified into that certain
zone of the City of Anaheim as described in Chapter 18.63 of the
Anaheim Municipal Code.
SECTION 5. EFFECTIVE DATE OF ORDINANCE.
This ordinance shall take effect immediately as an
urgency measure and shall remain in full force and effect for a
period of 45 days after the date of this adoption, or until
sooner repealed, unless extended by the adoption of a subsequent
ordinance in the manner provided by law.
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. The City Council has now received information and
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complaints that certain of said industrial zones and areas may
not be suitable locations for Sex -Oriented Businesses, or for
other commercial uses; and
4. The City intends to study a zoning proposal
concerning the possible amendment of the Zoning Code relating to
Sex -Oriented Businesses and their permitted locations in the
industrial zones of the City; and
5. The City has received, and prior to the completion
of such study and the possible adoption of such zoning proposal
may receive, applications for Sex -Oriented Business Permits
pursuant to Chapter 18.89 of the Anaheim Municipal Code, and
certain other licenses and permits, which permits and licenses,
if approved, may result in the establishment of uses in conflict
with such zoning proposal; and
6. Unless this ordinance is adopted as an emergency
measure, Sex -Oriented Businesses may be established or relocated
at certain locations within the City of Anaheim prior to the
completion, consideration and possible adoption by the City
Council of the zoning proposal referred to herein which uses or
locations may conflict with said zoning proposal and be
detrimental to the public peace, health or safety.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 16th day of August,
1994.
MAYOR OF THE CITY OF AHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEI
8225.1\JWH1TE\August 16, 1994 4
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. 5445 was duly passed and adopted at a regular meeting of the City Council of the City of Anaheim held on the
16th day of August, 1994 and after reading of the ordinance by the City Attorney by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Pickier, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Hunter
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5445 on the 16th day
of August, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 17th
day of August, 1994.
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. 5445 and was published once in the North on the 25th day of August, 1994.
County News
CITY CLERK OF THE CITY OF ANAHEIM