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HomeMy Public PortalAboutOrdinance 776Ordinance No. ORDINANCE NO. 7 7 6 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, ENACTED PURSUANT TO THE CITY'S POLICE POWER TEMPORARILY PROHIBITING THE ISSUANCE OF CONDITIONAL USE PERMITS AND OTHER DISCRETIONARY PERMITS FOR ADULT-ORIENTED BUSINESSES TI -IE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: Section 1. Authority for Enactment Section 65858 of the Government Code of the State of California provides that the City Council may, to protect the public safety, health and welfare, adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan, or zoning proposal which the City Council, Planning Commission or Planning Department is considering or studying or intends to study within a reasonable time. An interim ordinance adopted pursuant to Government Code Section 65858 has an initial duration of 45 days, after which time, and subject to the City Council's approval and issuance of a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance, and notice given pursuant to Government Code Section 65090, the interim ordinance may be extended by the City Council for 10 months and 15 days, and subsequently for one year. Section 2. Findings, Purpose and Intent. A. The Beaumont General Plan and Zoning Maps were adopted by the City in 1993, and the City is presently in the process of reviewing and revising its Zoning Ordinance. The General Plan and Zoning Maps and Zoning Ordinance provide for the location and development of adult-oriented businesses in the C -G (General Commercial) Zone, however the C -G Zone provisions lack appropriately comprehensive land use standards for such uses. B. While the City's Zoning Ordinance provisions regulating the review and approval of adult-oriented businesses are in the process of review, evaluation, and revision, to ensure compliance with the law and further to protect the City's retail trade, maintain property values, protect and preserve the quality of the City's neighborhoods and the City's commercial districts, protect the City's quality of life, and to ensure that the City is able to adequately regulate the establishment of these businesses in the City in order to promote these interests, the City Council finds and determines that it is in the best interests of the City to place a hold on the review and approval of new adult - business applications. C. The City has no pending or anticipated applications for adult-oriented businesses, and the City Council finds and determines that its present zoning, general plan and land use regulations may need further review and revisions, in order to bring them into full compliance with the law, and to ensure that they provide for adequate expression of First Amendment rights of adult-oriented business operators while protecting the health, safety and welfare of the community. The City Council and City staff are actively reviewing studies and reports from neighboring jurisdictions, as well as zoning and development standards which might be applicable to adult-oriented businesses in the City, and which would be beneficial to the community if adopted. It is anticipated that in the next few months a proposal for amendment of the City's zoning and development standards for adult-oriented businesses will be brought forward for initial review by the Planning Commission. D. The City Council finds that the siting and development standards to be applied to adult-oriented businesses present unique factors of community impact, which are critical to the health, safety and welfare of the community. The City Council further finds that the issuance of new building or use permits, or other discretionary land use approvals permitting new, altered or expanded adult-oriented businesses in the City immediately threatens and affects the public health, safety and general welfare of the City, in that there is a likelihood that such new permits Ordinance No. and approvals will be inconsistent with the ultimate land use and zoning plan and goals of the City, and will have an immediate detrimental effect on the City's future ability to provide for the siting and development standards for these businesses. E. The City Council finds that the provisions of this ordinance will not have an immediate detrimental effect on existing businesses or available housing stock. In making these findings, the City Council recognizes that there may be an immediate need for revision or interim revision to the City's General Plan, Zoning Maps and Development Code, and that the ultimate desirable scope of such revisions is uncertain at this time. By the adoption of this Ordinance, the City intends to place a hold on any application which is likely to be in conflict with the proposed revisions of the City's General Plan, Zoning Maps and Development Code, pending the completion of its review of land uses and development standards for adult-oriented businesses. Section 3. Prohibiting the Issuance of Discretionary Land Use Permits and other Discretionary Land Use Entitlements and/or the Establishment of New or Expanded Adult -Oriented Businesses Pending the City Council's Review and Revision of the City's General Plan and Zoning Maps and Zoning Ordinance. During the term of this Ordinance, no discretionary land use permits or other discretionary land use entitlements and/or use permits may be granted or issued for the construction or expansion of any adult-oriented businesses, including, but not limited to, Adult Arcades, Adult Bookstores, Adult Cabarets, Adult Model Studies, Adult Motels or Hotels, Adult Motion Picture Theaters, Adult Theaters and other Adult Entertainment Businesses. For purposes of this Ordinance, "discretionary land use entitlement," "discretionary land use permit" and "use permit" shall be defined as follows: Any land use permit, land use entitlement or use permit that is not permitted by right and is subject to discretionary review including, but not limited to conditional use permits, design review, sign permits, variances and time extensions. Section 4. Severability The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions of this Ordinance shall be declared invalid or unconstitutional. If for any reason any portion of this Ordinance shall be declared invalid or unconstitutional, all other provisions hereof shall remain valid and enforceable. Section 5. Declaration of Facts Constituting Urgency This Ordinance is hereby declared an urgency measure necessary for the immediate protection and preservation of the public safety, health and welfare, and the approval of discretionary land use permits or other land use entitlements or discretionary use permits, as described more fully in Section 3 hereto, which are required in order to comply with the City's General Plan and Zoning Maps, and Zoning Ordinance, would result in that current and immediate threat to the public safety, health and welfare, as set forth more fully in Section 2 hereinabove. Section 6. Duration This Ordinance is an interim ordinance adopted pursuant to Section 65858 of the California Government Code, shall take effect immediately upon its adoption, and shall be in force and effect for a period of 45 days from its date of adoption, at which time it may be extended for a period of 10 months and 15 days from its date of adoption, and subsequently, pursuant to the provisions of Section 65858, for a year. A written report shall be prepared by the Planning Director for review and issuance by the City Council at least ten (10) days prior to the expiration of this Ordinance No. Ordinance, describing the measures taken to alleviate the condition which led to the adoption of this Ordinance, and more particularly the progress made by the City in its review and consideration of amended zoning and land use planning for adult-oriented businesses. Section 7. Posting and Publication Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted and/or published pursuant to the requirements of City Resolutions and State law. PASSED, APPROVED AND ADOPTED this 13th day of January, 1998. APPROVED AS TO FORM: The following vote passed the above Ordinance: AYES: Council Members Westcot, Parrott, Zeller and Berg. NOES: None. ABSTAIN: None. ABSENT: Mayor Jan Leja. The City Council will be conducting a Public Hearing on February 24, 1998 to take public comments on the above referrenced Ordinance as required by law. IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 46 ORDINANCE NO. 776 CITY OF BEAUMONT STATE OF CALIFORNIA ss. County of Riverside I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of The Daily Record -Gazette a newspaper of general circulation, printed and pub- lished daily in the City of Banning County of Riverside and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966, Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said news- paper and not in any supplement thereof on the follow- ing dates, to -wit PUB: 1/29, all in the year 19 98 certify (or declare) under penalty of perjury that the foregoing is true and correct. Date January 29, at Riverside, California ,19 98 This space is for County Clerk's Filing Stamp ORDINANCE alleviate the condition determines that it is in NO. 776 which led to the the best interests of the AN URGENCY adoption of the City to place a hold on ORDINANCE OF ordinance, and notice the review and approval THE CITY ggiven pursuant to of new adult -business ovbrnment Code applications. COUNCIL OF THE G Section 65090, the C. The City has no OF CITY interim ordinance may pending or anticipated B E A U M O N T. be extended by the City applications for adult - C A L I F O R N I A, Council for 10 months oriented businesses, and E NACTED and 15 days, and the City Council finds PURSUANT TO THE subsequently for one and determines that its CITY'S POLICE year.present zoning,general P O W E R Section 2. Findins, e TEMPORARILYg Purpose and Intent plan regulations may Wand land use PROHIBIT1T G THE A, The Beaumont further review and ISSUANCE OF CONDITIONAL USE PERMITS AND OTHER DISCRETIONARY PERMITS FOR ADULT-ORIENTED BUSINESSES THE CITY COUNCIL OF THECITY OF BEAUMONT DOES ORDAIN AS and development of FOLLOWS:adult-oriented Section 1,Authority for businesses in the C -G Enactment , (General Commercial) Section 65858 of the Zone, however the C -G Government Code of Zone provisions lack the State of California a p p r,o,p r i a t e l y provides that the City comprehensive land use Council may, to protect standards for such uses. the public safety, health B. While the City's and welfare, adopt as an zoning Ordinance urgency measure an provisions regulating interim ordinance the review and approval prohibiting any uses of adult-oriented which maybe in businesses are in the conflict with a process of review, contemplated general evaluation, and plan, specific plan, or revision, to ensure zoning proposal which compliance with the law the City Council, and further to, protect Planning Commission the City's retail trade, or Plannin$Department maintain property is considering or values, , protect and. studying or intends to preserve the quality of study within a the City's reasonable time.neighborhoods and the An inter%m ordinance City's : commercial adoptedpursuant to districts,rotect the Government Code City's quality of life, Section 65858 has an and to ensure that the initial duration of 45 City is :.ableto days, after which time, adequately regulate the and subject to the City establishment of these Council's approval and businesses in the City in issuance of a written order to promote these report describing the interests, the City measures taken to Council finis "Anti General Plan and revisions, in order to Zoning Maps were bring them into full adopted by the City in compliance with the 1993, and the City is law,: and to ensure that presently in the process , they ' provide for of reviewing and adequate expression of revising its Zoning FirstAtnendmentrights Ordinance. The General Plan and Zoning Maps and Zoning Ordinance provide for the location of adult-oriented business operators while protecting the health, safety and welfare of the community. The City Council and City staff are actively reviewing studies and reports from neighboring jurisdictions, as well as zoning and development standards which might be applicable to adult- oriented businesses in the City, and which would be beneficial to the community if adopted. It is anticipated that in the next few months a proposal for amendment of the City's zoning and development standards for adult-oriented businesses will be brought forward for initial review by the Planning Commission. D, The City Council finds that the siting and development standards to be applied to adult- oriented businesses present unique factors of community impact, which are critical to the health, safety and welfare of the community. The City Council further finds that the issuance of new building or use permits, or other discretionary land : use approvals permitting new, altered or expanded adult- oriented businesses in the City immediately threatens and affects the public health, safety and general welfare of the City, in that there is a likelihood that such new permits and approvals will be inconsistent with the ultimate land use and zoning plan and goals of the City, and will have an immediate detrimental effect on the City's future ability to provide for the siting and development standards for these businesses. E. The City Council finds that the provisions of this ordinance will not have an immediate detrimental effect on existing businesses or available housing stock. In irking these findiao t the City Council recognizes that there may be an immediate need for revision or interim revision to the City's General Plan, Zoning Maps and Development Code, and that the ultimate desirable scope of such revisions is uncertain at this time. By the adoption of this Ordinance, the City intends to place a hold on any application which is likely to be in conflict with the proposed revisions of the City's General Plan, Zoning Maps and Development Code, pending the completion of its review of land uses and development standards for adult- oriented businesses. Section 3. Prohibiting the Issuance of Discretionary' Land Use Permits and other Discretionary Land Use Entitlements and/or the Establishment of New or Expanded Adult - Oriented Businesses Pending the City Council's Review and Revision of the City's General Plan and Zoning Maps and Zoning Ordinance. During the term of this Ordinance, no discretionary land use permits or other discretionary land use entitlements and/or use permits may be granted or issued for the construction or. expansion of any adult- oriented business, including, but not limited to, Adult Arcades, Adult Bookstores, Adult Cabarets, Adult Model Studies, Adult Motels or Hotels, Adult Motion Picture Theaters, Adult Theaters and other Adult Entertainment Businesses. For purposes of this Ordinance, "discretionary land use entitlement," "discretionary land use permit" and "use permit" shall be defined as follows: Any land use permit, land use entitlement or use permit that is not permitted by right and is subject to discredonary review including, but not limited to conditional use permits, design review, sign' permits, variances and time extensions. Section 4. Severability The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase• or portion the.. eof, respective of the fact that any one of more sections,subsections, clauses, phrases or. portions of this Ordinance , shall be declared invalid or unconstitutional. If for any reason any portion of this Ordinance shall, be declared invalid or unconstitutional, all other provisions hereof shall remain valid and enforceable. Section' 5. Declaration of Facts Constituting' Urgency This Ordinance is hereby declared an urgency measure necessary for the immediate protection and preservation of the public safety, health and welfare, and the approval of discretionary land use permits or other land use entitlements or discretionary use permits, as described more fully in Section 3 hereto, which are required in order to comply with the City's General Plan and Zoning Maps, and Zoning Ordinance, would result in that current and immediate threat to the public posted and/or published safety, health and pursuant to the welfare, as set forth requirements of City more fully in Section 2 Resolutions and State hereinabove: law. Section 6, Duration PASSED, APPROVED This Ordinance is an AND ADOPTED this interim ordinance 13th day of January, adopted pursuant to 1998. Section 65858 of the -s- Janice C. Leja California Government Mayor Code, shall take effect Ar1'EST: immediately upon its -s- Alan C. Kapanicas adoption, and shall be in City Clerk force and effect for a APPROVED AS period of 45 days from TO FORM: its date of adoption, at -s- Joseph Aklufi which time it may be City Attorney extended fora period of The following vote 10 months and 15 days passed the above from its date of Ordinance: adoption, and. AYES: Council subsequently, pursuant Members Westcot, to the provisions of Parrott, Zeller and Berg, Section 65858, for a NOES: None. year. A written report ABSTAIN None. shall beprepared by the `' ABSENT: Mayor Ja: Planning Diroctor for Leja, review and issuance by The City Council wil the City Council at least be conducting, a. Publii ten (10) days prior to the Hearing on Februar) expiration of this 24, 1998 to take public Ordinance, describing comments _ the above` the measures taken to referencednance ak, alleviate the condition required by ave. which led to the Publish The Record adoption of the Gazette • Ordinance, and more No. 46 1-29,1998 particularly the progress made by the City in its review and Yr consideration of amended zoning and land use planning for adult-oriented businesses. Posting and Publication Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it