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Ordinance 1992-20ORDINANCE NO. 92-20 AN URGENCY ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE AND MUNICIPAL CODES REGULATING ADULT BUSINESSES AND PROHIBITING ANY USES WHICH MAY BE IN CONFLICT WITH CONTEMPLATED REVISIONS TO THESE REGULATIONS WHEREAS, provisions of the City's Zoning Ordinance and Municipal Codes that regulate adult businesses are inadequate and out of date, and because of their age, the provisions fail to fully take into account the secondary effects that are associated with adult business uses and fail to protect the needs of the City and its residents today and in the future; and WHEREAS, the City Council heard testimony at its meeting on December 7, 1992 from numerous members of the public testifying about the deleterious secondary effects of adult businesses on a community, specifically identifying negative impacts on children, increased crime against women and children, increased police activity, health issues including sexually transmitted diseases, the introduction of organized crime into the City and impacts on the commercial areas in the City; and WHEREAS, experience in this City, as well as in other cities and counties in California and the nation, has demonstrated that such uses have objectionable secondary effects upon adjacent residential and commercial areas. The city also recognizes and relies upon the experience of other cities and counties in adopting adult business regulations as discussed in the studies done on the secondary effects of adult businesses as contained in the Study of the Effects of the CQncentration of Adult Entertainment Establishments in the City of Los Angeles, prepared for the Department of City Planning for the City of Los Angeles, the Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard, prepared for the City of Garden Grove; and WHEREAS, without the imposition of interim development controls, properties in the City could quickly receive entitlements to establish adult business uses despite the fact that the City ORDINANCE NO. 92 - 20 -1- Council has determined that the city's Zoning Ordinance and Municipal Codes are in need of updating, and that the City Council has directed that a study be done t° recommend new standards and to revise the Zoning Ordinance and Municipal Code sections to address adult business uses; and WHEREAS, the City Council has directed that all studies be pursued as expeditiously as is practicable, and in order to prevent the frustration of said studies and the implementation thereof, the public safety, health and welfare require the immediate enactment of this Ordinance. The absence of such interim development controls would create a serious threat to the orderly and effective implementation of any zoning and code amendments which may be adopted by the City as a result of the studies, in that further development of adult business uses within the City may be in conflict with or frustrate the contemplated updates and revisions to the city's Zoning Ordinance and Municipal Codes and may result in the secondary effects of adult business uses being in conflict with the contemplated updates and revisions to the City's Zoning Ordinance and Municipal Codes; now therefore THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I The City Council finds that this Ordinance is necessary in order to preserve the community from the deleterious secondary effects of adult businesses, including crime, deterioration of the City's retail trade, decline in property values, harm to the quality of the City's neighborhoods and the City's commercial districts and damage to the City's quality of life. SECTION II The experience in this City, as well as in other cities and counties in the State of California and in the nation, has demonstrated that adult business uses have deleterious secondary effects when located in close proximity to one another as well as ORDINANCE NO. 92 - 20 -2- on adjacent residential and commercial areas. SECTION III The City Council finds that this Ordinance is immediately required to preserve the community, including the City's commercial and residential areas,~ from the deleterious secondary effects of adult businesses during such period of time as is necessary to complete the studies and to propose revisions to the Zoning Ordinance and Municipal Codes in order to protect the city and its residents from the above-recognized secondary effects of adult business uses. SECTION IV The City finds, determines and declares that there is a current and immediate threat to the public safety, health and welfare of the City and its citizens, and that the approval of additional use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance or municipal code provision would result in a threat to the public safety, health and welfare which necessitates the immediate enactment of this Ordinance. The reasons constituting such an urgency are set forth in this Ordinance and in the record of the December 7,1992 City Council meeting. SECTION V The City Council further finds that this is a matter of city- wide importance and is not directed towards nor targets any particular parcel of property or proposed use. SECTION VI A moratorium is hereby adopted by the City Council of the City of Gilroy prohibiting forthwith all adult business uses, the expansion of any existing adult business uses, including but not limited to any addition of types of adult uses or entertainment, any increase in physical space devoted to such uses, any increase in intensity of such uses, the issuance of use permits, variances, ORDINANCE NO. 92 - 20 -3- building permits, business licenses, police permits and/or any other entitlement to operate within the city of Gilroy with regard to the following adult use types of businesses: Adult Arcades Adult Bookstores Adult Businesses Adult Dance Studios Adult Hotel/Motels Adult Theatres/Cabarets including topless bars Figure Modeling Studios Massage Parlors Escort Services Public Baths Cardrooms, Billiards, and Pool Halls Gambling Schools Tanning Salons Peep Show Establishments Sexual Encounter Centers SECTION VII This Ordinance is adopted pursuant to Government Code section 65858 and section 602 of the Charter of the City of Gilroy. If any section, subsection, clause or phrase is declared invalid or otherwise void, it shall not affect any other provision of the Ordinance. A public hearing shall be held within forty-five (45) days from the adoption of the Ordinance or it shall automatically terminate. The City Clerk shall certify to the adoption of this urgency Ordinance and cause the same to be published in the manner prescribed by law, and it shall become effective immediately upon its adoption. PASSED AND ADOPTED this 10th day of December, following vote. Ayes: Councilmembers: 1992 by the Noes: Absent: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ, GAGE Councilmembers: None Councilmembers: None Mayor / Susanne E. Stetnmetz ~ City Clerk ORDINANCE NO. 92 - 20 -4- I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 92-20 is an original ordinance, duly adopted by the Council of the City of Gilroy at a special meeting of said Council held on the lOth' day of December , 19 92 , at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 15th day of December 19 92. (Seal)