HomeMy WebLinkAboutOrd 1980-1898 ORDINANCE N0. 1898
AN INTERIhI ORDINANCE OF THE CITY OF CHULA VISTA
PROHIBITING THOSE USES AS SET FORTH IN ORDINANCE
N0. 1855 DESIGNATED AS CERTAIN "ADULT RECREATION
BUSINESSES" LOCATED BY CONDITIONAL USE PERMIT
WITHIN THE C-T ZONE
By a unanimous vote on February 26, 1980, the City Council
adopted the interim ordinance which further prohibits those
uses as defined in Ordinance 1855 for a 90-day period of
time. In general, Ordinance 1855 delineates the types of
uses and prohibits the location of such adult-oriented
recreational businesses within 500 feet of any residentially
zoned properties, school, park, church�or playground, r.or
within 1000 feet of another adult-oriented recreational
business.
Copies of both Ordinance 1855 and 1898 are availabe at the
office of the City Clerk, City Hall, 276 Fourth Avenue.
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City Clerk
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ORDINANCE NO. 1898
AN INTERIM ORDINANCE OF THE CZTY OF CHULA VISTA
PROHIBZTING THOSE USES AS SET FORTH IN ORDINANCE
NO. 1855 DESIGNATED AS CERTAIN "ADULT RECREATION
BUSINESSES" LOCATED BY CONDITIONAL USE PERMIT
WITHIN THE C-T ZONE
WHEREAS, the City Council of the City of Chula Vista
has for more than one year awaited an opinion of the Attorney -
General' s office of the State of California or other defini-
tive clarification of issues relating to obscenity and the
regulation thereof by the courts of the State of California
or the United States, and
WIIEREAS, a temporary moratoriuin on uses which may be
deemed to be obscene has heretofore by Ordinance No. 1855
been classified as adult oriented recreation businesses
permitted only by conditional use in the C-T zone, and
WHEREAS, said opinion by the Attorney General as re-
quested early in 1979 has not yet been forthcoming, and
WHEREAS, the City Council wishes to utilize such opinion
or judicial opinions for a contemplated zoning proposal which
the City Council intends to study or consider within a rea-
sonable time.
NOW, THEREFORE, the City Council of the City of Chula
Vista does ordain as follows :
SECTION I : The City Council does hereby, in accordance
with Section 19 . 12 . 130, find that in order to protect the
public safety, health and welfare that it is now desirable
to adopt as an urgency measure a interim ordinance prohibiting
those uses authorized by conditional use permit in the C-T
zone as set forth in Ordinance No. 1855 and designated as
adult oriented recreation uses. Such interim ordinance shall
be of no further force and effect ninety (90) days from the
date of adoption hereof except as such prohibitions may be
extended in accordance with the provisions of Section 19. 12 . 130
or if a determinative opinion shall have been received from
the Attorney General of the State of California or from a
court of competent jurisdiction clearly defining the rights
of the Cify of Chula Vista to regulate in said field of adult
recreation.
SECTION II: This ordinance shall become effective upon
its first reading and adoption if passed by at least four (4)
affirmative votes of the City Council as an interim ordinance
and an emergency measure.
Presented and Approved as to Form by
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George D. Lindberg, City Attorney
I
APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, qT FIRST READING THIS 26th DAY OF February
,
19�_, by ihe follo�.ving vote, Yo--wit:
AYES� CounCilmen ; Scott, Gillow, Cox, Hyde, McCandliss
NAYES� Councilmen : None �
ABSTAIV: Councilmen : None
ABSEiVT: Counciimen : None
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Mayor of ihe City of Chula Vista
ATTEST' �
City Cierk -
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
�
I, JENNIE M..FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that ihe above and foregoing is a full, true and correct copy of
ORDINANCE N0. 1898 ,and that the same has not been amended or repealed.
DATED
(seal) City Clerk
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CC-660