1996 ORD O-12-96 - Laserfiche WebLink

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E. The City Council has directed that all studies be pursued as expeditiously as is practicable, and has authorized the retention of professional consultants to assist in the study of revisions to the City's Zoning Code. F. In order to prevent the frustration of said studies and the implementation thereof, the public interest, health, safety and welfare require the immediate enactment of this Ordinance. The absence of this Ordinance would create a serious threat to the orderly and effective implementation of any zoning amendments or general plan amendments which may be adopted by the City as a result of the studies, in that further development of adult uses within the City may be in conflict with or frustrate the contemplated updates and revisions to the City's Zoning Code or general plan and may result in the secondary effects from adult uses in conflict with the contemplated updates and revisions to the City's Zoning Code and/or general plan. G. The City Council finds that this Ordinance is necessary in order to preserve the City from the potential secondary effects of adult businesses including crime, the protection of the City's retail trade, maintenance of property values, protecting and preserving the quality of the City's neighborhoods and the City's commercial districts, the protection of the City's quality of life, and the increased threat of the spread of sexually transmitted diseases and the protection of First Amendment rights, and the peace, welfare and privacy of persons who patronize adult businesses. Experience in this City, as well as in cities and counties within and outside California including the County of Los Angeles, the City of Garden Grove and the cities of Renton, Washington; Seattle, Washington; Detroit, Michigan; Austin, Texas; Indianapolis, Indiana; and Phoenix, Arizona have demonstrated that such uses have objectionable secondary effects upon immediately adjacent residential and commercial areas. The City recognizes and relies upon the experience of these other cities and counties in adopting adult business regulations including the County of Los Angeles (as discussed in Smith v. County of Los Angeles (1989) 211 Cal.App.3d 188); City of Renton, Washington (as discussed in City of Renton v. Playtime Theatres, Inc. (1976) 475 U.S. 41) and the City of Seattle, Washington (as discussed in Northend Cinema v. City of Seattle (1978) 90 Wash. 2d 709, 585 P.2d 1153); and the County of Palm Beach, Florida (as discussed in Movie & Video World v. Board of County Commissioners (S.D. Fla. 1989) 723 F.Supp. 695) in support of this Ordinance. The City also recognizes and relies upon the studies done by: (1) the City of Los Angeles in 1977; (2) the 1991 report to the City of Garden Grove by Drs. McCleary and Meeker on the relationship between crime and adult business operations; (3) the 1979 Adult Use Study by the Phoenix Planning Department; (4) the 1984 0)