5388i
ORDINANCE NO. 5388
AN ORDINANCE OF THE CITY OF ANAHEIM EXTENDING
ORDINANCE NO. 5386, AN INTERIM MEASURE
PROHIBITING CERTAIN USES OF PROPERTY WHICH
MAY BE IN CONFLICT WITH A ZONING PROPOSAL THE
CITY IS STUDYING, 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 is studying, and the City Council
intends to consider the adoption of, a zoning proposal concerning
possible 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, the City staff is currently preparing said
zoning proposal for review and recommendation by the City
Planning Commission on or about September 8, 1993, and for
consideration and possible adoption by the City Council on
September 14, 1993; and
WHEREAS, Ordinance No. 5386 will expire on September 3,
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
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 October 22,
1993, or until sooner repealed, unless further extended by the
adoption of a subsequent ordinance in the manner provided by law.
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 is studying a zoning proposal concerning
the possible amendment of the Zoning Code relating to Adult
Entertainment Businesses; and
3. Prior to the completion of such study and the
possible adoption of such zoning proposal, 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 such zoning proposal; and
4. Unless this Ordinance is adopted as an urgency
measure, Adult Entertainment Businesses may be established 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
2743.2\JWHITE\August 17, 1993
locations may conflict with said zoning proposal 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 17th day of August,
1993.
MAY -6R OF THE CTTY OF ONAHEIM
ATTEST:
CITY CLERK OF T E CITY OF ANAHEIM
2743.2\JWHITE\August 9, 1993
STATE OF CALIFORNIA }
COUNTY OF ORANGE j ss.
CITY OF ANAHEIM j
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing urgency Ordinance
No. 5388 was duly passed and adopted at a regular meeting of the City Council of the City of Anaheim held on the
17th day of August, 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. 5388 on the 18th day
of August, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 18th
day of August, 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. 5388 and was published once in the Anaheim Bulletin on the 26th day of August, 1993.
CITY CLERK OF THE CITY OF ANAHEIM