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HomeMy WebLinkAboutOrd 1993-2558 ORDINANCE NO. 2558 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IMPOSING, AS AN INTERIM AND URGENCY MEASURE, A MORATORIUM ON THE ISSUANCE OF LAND USE PERMITS, INCLUDING CONDITIONAL USE PERMITS, FOR USE OF LAND AS AN ADULT-ORIENTED RECREATION BUSINESS FOR A PERIOD OF NINETY (90) DAYS EXCEPT THAT APPLICATIONS FOR, AND PROCESSING OF, SUCH USE PERMITS MAY BE ALLOWED UPON CONSENT OF COUNCIL The City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: There is hereby established an interim moratorium, for the term herein specified, on the application for, processing, or issuance of any zoning, rezoning, land use permits, conditional use permits, variances and building permits (collectively "Permits") for Adult-Oriented Recreation Businesses as the term is defined in the City of Chula Vista Municipal Code, and specifically at Section 19.58.024, within the City of Chula Vista, except that an application for or processing of such Permits, not the issuance of Permits, may be allowed upon application to, and approval by the City Council, on a showing of hardship, and then only by written resolution of the City Council permitting such application and/or processing, and on such conditions as the City Council shall deem just. Nothing herein shall be construed to allow the issuance of Permits during the pendency of this moratorium. SECTION II: In the event that the City Council grants permission to file an application for, or processing of, Permits during the pendency of this moratorium, it shall impose as a minimum condition of said permission, among such other conditions it deems appropriate, that if any Permit is eventually granted, the Permittee shall comply with, and the City shall have the right to impose on such Permit retroactively all criteria, including siting criteria, established in the City's Municipal Code as may, from time to time, be amended and specifically as may be amended as a result of the study hereinbelow ordered by the City Council. SECTION III: That said moratorium shall remain in effect for a period of ninety (gO) days from the date of adoption hereof unless otherwise subsequently extended or terminated by ordinance. SECTION IV: The City Planning Commission and the City staff are hereby directed to commence a study of Adult-Oriented Recreation Businesses for the purpose of determining whether or not our Municipal Code, with regard to such uses, should be amended to redefine the locational requirements, determine whether the use should be permitted as a right or "on conditions" and if so, in which zones of the City, and determine which if any conditions should be imposed as a matter of course or on a case-by-case basis upon such uses. The Commission and staff are also directed to study in which zones of the City the use should Ordinance No. 2558 Page 2 be allowed or constrained or if such uses should be required to be placed in other and different zones from that which is currently allowed. The study shall also evaluate the impact of other cities' zoning ordinance on a regional or subregional basis for the purpose of determining what impact other cities' zoning ordinance may cause the relocation of such uses to be directed to areas within the City of Chula Vista. Specifically, the study should determine the impact of such uses on existing and future surrounding development, and the consequent environmental impacts that any changes in development patterns may have on that portion of the City in which uses may be allowed. SECTION V: The staff is hereby directed to prepare, on behalf of the City Council, a written report describing the measures taken to alleviate the condition which led to the adoption of this ordinance, and to file same in the office of the City Clerk ten (10} days prior to the expiration hereof. SECTION VI: This ordinance affects public safety, health, and welfare of the City of Chula Vista and its inhabitants and therefore shall take full force and effect immediately upon final passage and adoption thereof. The facts establishing emergency are as follows: 1. Recent case law has issued permitting cities to establish new and different locational requirements on Adult-Oriented Businesses and the City believes that this may have an impact on the relocation of such businesses within the subregion of south San Diego County and, therefore, may result in an overconcentration of such businesses within the City of Chula Vista if the City of Chula Vista fails to timely review their existing zoning restrictions in comparison to the restrictions of other jurisdictions within the South Bay, and to study the impact of such use development on surrounding land uses. 2. The City finds such uses to have certain significant, adverse social consequences despite the extent to which their right to exist may be protected by the First Amendment and such adverse social consequences require regulation as to time, place and manner in a way that is not adequately addressed under our current zoning scheme. 3. Such adverse social impacts of such uses may include, but are not necessarily limited to, the concentration of criminal activity, the tendency to promote an attitude of degradation, subjugation, discrimination or harassment of women in our society and in our immediate community; a limitation on commercial or other land use development; blighted urban development. 4. The City finds that there are some uses of property such as Adult-Oriented Recreation Businesses, which have operational characteristics which have historically produced or augmented the economic, physical and social decline of adjacent areas where they have been ineffectively regulated. 5. The implementation of the results of the study are necessary to supplement existing regulation of Adult-Oriented Recreation Businesses and that Ordinance No. 2558 Page 3 without such modification the health, safety and welfare of the City's residents would be compromised. 6. The City has, as part of the lgg2-93 budget, budgeted and planned to engage in a land use and feasibility study of Main Street due to its location as the entry way to the recently adopted Southwest Redevelopmerit Area. The City has received an application for an Adult-Oriented Recreation Business which, if issued, could make the results of this planning and zoning effort moot, and could have the effect of deteriorating a commercial entry way to the City. SECTION VII: THe City Council is mindful that certain Adult-Oriented Recreation Businesses have been recognized as involving constitutionally- protected expressions, and as such urges staff and the Commission, in conducting their study and formulating their recommendations for further Council consideration, to specifically identify legitimate governmental interests that may be adversely affected by such uses, and to do so without regard to the content of the expression, to formulate proposals that are not overboard in their reach, and to permit reasonable avenues for such communication within the City. SECTION VIII: The City Clerk shall certify to the passage and adoption of this Ordinance by a vote of at least four-fifths of the City Council of the City of Chula Vista pursuant to Charter Section 311(d); shall cause the same to be entered in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which time the same is passed and adopted; and shall, within fifteen {15) days after the passage and adoption thereof, cause the same to be published in the Chula Vista Star News, a newspaper of general circulation, published and circulated in said City and which is hereby designate for that purpose. Presented by Appro as ~~ Robert A. Leiter uce M. Boogaard Director of Planning ~ty Attorney Ordinance No. 2558 Page 4 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of May, 1993, by the following vote: AYES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None a ATTEST: Beverly A/Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2558 was approved as an urgency measure at a regular meeting of said City Council held on the 18th day of May, 1993. Executed this 18th day of May, lg93. Beverly A[ Authelet, City Clerk