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NS-2956
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NS-2956
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Last modified
10/18/2018 9:59:33 AM
Creation date
10/18/2018 9:59:25 AM
Metadata
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City Clerk
Doc Type
Ordinance
Doc #
NS-2956
Date
10/16/2018
Destruction Year
P
Document Relationships
NS-2961
(Amended By)
Path:
\Ordinances\2011 - 2020 (NS-2813 - NS-3000)\2018 (NS-2935 - NS-2962)
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(2) Adversely impact sensitive uses such as schools, parks, child care <br />centers, churches, and places where children congregate; <br />(3) Conflict with the requirements of the City's General Plan and zoning <br />ordinance; <br />(4) Be inconsistent with surrounding uses; and <br />(5) Risk the public health, safety and welfare of the City <br />P. Prevention of detrimental impacts to residents, the public interest, health, <br />safety and welfare requires the immediate enactment of this ordinance. The <br />absence of this ordinance will create a serious threat to the orderly and <br />effective implementation of any code amendments, general plan amendments <br />or specific plan amendments which may be adopted by the City; cyber cafe <br />and internet access business uses may be in conflict with or frustrate the <br />contemplated updates and revisions to the Code. Moreover, permitting such <br />uses during said studies and implementation would create impacts on the <br />public health, safety and welfare that the City Council, in adopting this <br />ordinance, has found to be unacceptable. <br />Q. The Request for Council Action for this ordinance dated October 16, 2018, <br />and duly signed by the Executive Director of the Planning and Building <br />Agency and/or Chief of Police shall, by this reference, be incorporated herein, <br />and together with this ordinance, any amendments or supplements, and oral <br />testimony constitute the necessary findings for this ordinance. <br />R. The City Council finds, determines and declares that the current and <br />immediate threat to the public health, safety and welfare of the city and its <br />citizens necessitates the immediate enactment of the ordinance. The facts <br />constituting such urgency are set forth in paragraphs A -P of this ordinance. <br />Section 2. Any ordinance declared by the City Council to be necessary as an <br />emergency measure for preserving the public peace, health and safety, and containing <br />a statement of the reasons for its urgency, may be introduced and adopted at one and <br />the same meeting if passed by the affirmative votes of at least four-fifths (4/5) vote of <br />the City Council members. Further, California Government Code Section 65858 <br />authorizes the City Council to adopt an interim urgency ordinance, without following the <br />procedures otherwise required for the adoption of an ordinance, to protect the public <br />safety, health, and welfare, prohibiting any uses that may be in conflict with a <br />contemplated general plan, specific plan, or zoning proposal that the City Council, <br />Planning Commission or the planning department is considering or studying or intends <br />to study within a reasonable time. <br />Section 3. This ordinance shall have no further force and effect forty-five (45) <br />days from the date of its adoption; unless, however, after public hearing the City Council <br />members, by four-fifths (4/5) vote, extend this ordinance for an initial period of ten (10) <br />months and fifteen (15) days and subsequently, after public hearing, the City Council <br />members, by four-fifths (4/5) vote, extend this ordinance one more year. <br />Ordinance No. NS -2956 <br />Page 4 of 6 <br />
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