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