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5402ORDINANCE NO. 5402 AN ORDINANCE OF THE CITY OF ANAHEIM EXTENDING ORDINANCE NO. 5386, AS HERETOFORE EXTENDED BY ORDINANCE NO. 5388, AN INTERIM MEASURE PROHIBITING CERTAIN USES OF PROPERTY WHICH MAY BE IN CONFLICT WITH A ZONING PROPOSAL THE CITY HAS RECENTLY ADOPTED BUT WHICH IS NOT AS YET EFFECTIVE, AND DECLARING THAT THIS ORDINANCE IS AN URGENCY 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 zoning regulation of adult entertainment businesses as such term is defined in Section 18.89.020 of the Anaheim Municipal Code (hereinafter "Adult Entertainment Businesses"); and WHEREAS, the City has studied, and the City Council has heretofore adopted Ordinance No. 5399, a zoning proposal concerning amendments to the Zoning Code relating to the regulation of Adult Entertainment Businesses in the City of Anaheim (hereinafter the "zoning proposal"); and WHEREAS, to protect the public safety, health and welfare, the City Council heretofore adopted Ordinance No. 5386 as an interim measure to prohibit any uses as therein provided which uses may be in conflict with the aforesaid zoning proposal prior to its consideration by the City Council; and WHEREAS, said Ordinance No. 5386 was extended for an additional period of time by the adoption of Ordinance No. 5388 on August 17, 1993; and WHEREAS, Ordinance No. 5399, which comprehensively revised the regulations for Adult Entertainment Businesses, was adopted by the City Council on October 5, 1993, and becomes effective on November 5, 1993; and WHEREAS, Ordinance No. 5388 will expire on October 22, 1993, unless otherwise extended; and WHEREAS, the City Council finds that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, building permits, or any other additional entitlement for use for any Adult Entertainment Business which is required in order to comply with the Zoning Code would result in that threat to public health, safety or welfare; and 6 WHEREAS, for the reasons hereinabove set forth, the City Council desires to, and does hereby, extend Ordinance No. 5386 in the manner hereinafter provided. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. 5386 of the City of Anaheim be, and the same is hereby, extended in full force and effect for an additional period of time to expire at 12:01 a.m. on November 5, 1993. SECTION 2. 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. adoption. SECTION 3. ORDINANCE TO TAKE IMMEDIATE EFFECT. This ordinance shall take immediate effect upon SECTION 4. DECLARATION OF URGENCY. The City Council declares that this Ordinance is necessary as an emergency measure for the immediate protection of the public safety, health, or welfare 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 unconstitutional; and 2. The City Council has adopted Ordinance No. 5399 amending the Zoning Code relating to Adult Entertainment Businesses; and 3. Ordinance No. 5399 becomes effective on November 5, 1993; and 4. Prior to effective date of Ordinance No. 5399, the City may receive applications for certain permits or licenses, or certain uses may be proposed or established within the City of Anaheim, which conflict with Ordinance No. 5399; and 5. Unless this Ordinance is adopted as an urgency measure, Adult Entertainment Businesses may be established at i certain locations within the City of Anaheim prior to the effective date of Ordinance No. 5399 which uses or locations may conflict with said Ordinance No. 5399 and be detrimental to the public safety, health or welfare. SECTION 5. DECLARATION OF AUTHORITY Ordinance No. 5386 was, and this ordinance is, adopted pursuant to the authority of Section 65803 of the Government Code of the State of California in order to make applicable to the City of Anaheim, as a charter city, the provisions of Section 65858 of said Government Code. In addition, and independent of the authority set forth in the preceding sentence, said Ordinance No. 5386 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 XI of the Constitution of the State of California and Sections 400 and 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 12th day of October, 1993. MAYOR OF THE -CITY O� .ANAHEIM ATTEST: V CITY CLERK OF THE CITY OF ANAHEIM 2743.2\JWHITE\0ctober 5, 1993 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. 5402 was duly passed and adopted at a regular meeting of the City Council of the City of Anaheim held on the 12th day of October, 1993 and after reading of the ordinance by the City Attorney 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. 5402 on the 13th day of October, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13th day of October, 1993. -)� Qxc 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. 5402 and was published once in the Anaheim Bulletin on the 21st day of October, 1993. CITY CLERK OF THE CITY OF ANAHEIM