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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." 2 I 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." 3 a 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. 4 A 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