Ordinance 1993-02ORDINANCE NO. 93-2
AN URGENCY INTERIM ORDINANCE OF THE CITY OF
GILROY PROHIBITING ANY USES WHICH MAY BE IN
CONFLICT WITH CONTEMPLATED REVISIONS TO THE
ZONING ORDINANCE ANDMUNICIPAL CODES REGARDING
ADULT BUSINESS USES
WHEREAS, the City Council has found that 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businesses are inadequate and out of date, and because of their age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 there-
fore, they 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 of 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
secondary effects of adult businesses as contained in the Study of
the Effects of the Concentration of Adult Entertainment
Establishmen'~s in the City of Los Anqeles, prepared for the
Department of City Planning for the City of Los Angeles, and the
Relationship Between Crime and Adult Business Operations on Garden
Grove Boulevard, prepared for the City of Garden Grove; and
WHEREAS, on December 10, 1992, the City Council adopted
ORDINANCE NO. 93 - 2 -1-
by unanimous vote Ordinance No. 92-20 titled "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 REGULA-
TIONS'' pursuant to Government Code section 65858 and section 602
of the Charter of the City of Gilroy; and
WHEREAS, by force of law and its own terms, Ordinance
No. 92-20 expires and is of no further force and effect forty-five
(45) days from its effective date, unless it is lawfully extended;
and
WHEREAS, on January 11,1993, the city Council held a duly
noticed public meeting and issued a report, made pursuant to
Government Code section 65858(d), describing the measures taken to
alleviate the conditions which led to the adoption on Ordinance No.
92-20, titled: A REPORT OF THE COUNCIL OF THE CITY OF GILROY
CONCERNING ORDINANCE NO. 92-20; and
WHEREAS, on January 19, 1993, the City Council held a
duly noticed public hearing and took testimony regarding its
consideration of extending an interim urgency ordinance for an
additional four (4) months and zero (0) days pursuant to Government
Code section 65858 and section 602 of the Charter of the City of
Gilroy; and
WHEREAS, the City Council hereby reiterates its direction
that all studies regarding the regulation of adult business uses
be pursued as expeditiously as is practicable, and in order to
prevent the frustration of said studies and the implementation
thereof, the public health, safety and welfare require the
immediate enactment of this Ordinance. The absence of 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 revi-
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sions 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 HERE BY
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 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 III
The City Council finds that there is a current and
immediate threat to the public health, safety 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 Codes would result in a threat to
that public health, safety and welfare which necessitates the
immediate enactment of this interim Ordinance. The reasons
constituting such urgency are set forth in Ordinance No. 92-20,
this Ordinance, in the record of the City Council meetings of
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December 7, 1992, December 10, 1992, and January 19, 1993.
SECTION IV
The moratorium established by Ordinance No. 92-20 is
hereby extended for an additional four (4) months and zero (0) days
unless otherwise amended or repealed by the City Council. Said
moratorium continues to prohibit the establishment of any new 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, 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 Hotels/Motels
- Adult Theaters/Cabarets (including topless bars)
- Figure Modeling Studios
- Massage Parlors
- Escort Services
- Public Baths
- Cardrooms, Billiards, and Poolhalls
- Gambling Schools
- Tanning Salons
- Peepshow Establishments
- Sexual Encounter Centers
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
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, phrase or word is declared
invalid or otherwise void, it shall not affect any other provision
of this Ordinance. 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
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upon its adoption.
PASSED AND ADOPTED this 19th day of January, 1993 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE.
NOES:
COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
'S~ANNE E~. STEINMETZ, City Cl~
APP~ED: ~ ,
DO~LD F. ~AGE ~ ~
Mayor
ORDINANCE NO. 93 - 2
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