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O-11-23 Adding Section 18.49.170 to the Colton Municipal Code to Establish Amortization Periods for Nonconforming Adult Uses
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O-11-23 Adding Section 18.49.170 to the Colton Municipal Code to Establish Amortization Periods for Nonconforming Adult Uses
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12/11/2023 1:52:01 PM
Creation date
12/11/2023 1:50:37 PM
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City Clerk
Agenda Type
City Council
CC - Doc Type
Ordinance
Date
11/7/2023
Ordinance No.
O-11-23
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1 <br /> 2 In the event that there is any adult business lawfully in existence prior to the adoption of <br /> 3 this chapter and is not in compliance with the zoning, design and performance standards <br /> 4 of this chapter, any such adult business shall conform to all zoning, design and <br /> performance standards six (6) months after written notice of their applicability to any <br /> 5 <br /> specific use. Failure to comply with the zoning, design and performance standards of this <br /> 6 chapter within such six (6) month period, shall require amortization and removal of such <br /> 7 use. <br /> 8 <br /> 9 Notwithstanding anything to the contrary contained in this section, the amortization <br /> 10 period for a nonconforming use that is governed by consent decree or other court action <br /> shall have the amortization period established by such consent decree or court actions." <br /> 11 <br /> 12 SECTION 3. Except as amended above, all other sections of the Colton Municipal Code <br /> 13 shall remain unchanged. <br /> 14 <br /> 15 SECTION 4. Compliance with California Environmental Quality Act. Based on the <br /> 16 entire record before the City Council, and all written and oral evidence presented to the City <br /> Council, the City Council hereby finds that this ordinance is exempt from review under the <br /> 17 <br /> California Environmental Quality Act ("CEQA"), pursuant to Sections 15060(c)(2) (the activity <br /> 18 will not result in a direct or reasonably foreseeable indirect physical change in the environment) <br /> 19' and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA <br /> 20 Guidelines, California Code of Regulations, Title 14, Article 3, because it has no potential for <br /> 21 resulting in physical change to the environment, directly or indirectly. <br /> 22 <br /> SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, <br /> 23 <br /> phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the <br /> 24 <br /> decision of any court of competent jurisdiction, such decision shall not affect the validity of the <br /> 25 remaining portions of this Ordinance. The City Council hereby declares that it would have <br /> 26 adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or <br /> 27 portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, <br /> 28 sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. <br /> - 2 - <br />
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