NS-2372 - Extending the Prohibtion on the Establishment of Any New, or Expansion of Any Existing, Adult Entertainment Business, and Providing an Exception Process for Certain Businesses

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364 Ordinance No. ~q5 2372 AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA EXTENDING THE PROHIBITION ON THE ESTABLISHMENT OF ANY NEW, OR EXPANSION OF ANY EXISTING, ADULT ENTERTAINMENT BUSINESS, AND PROVIDING AN EXCEPTION PROCESS FOR CERTAIN BUSINESSES The City Council of the City of Santa Ana finds, determines and declares as follows: 1. Numerous provisions of the Santa Ana Municipal Code ("Code") that regulate adult uses including, but not limited to, portions of Chapter 41 of the Code need review, study and possible revision in order to respond to recent developments within the regulation of adult uses and case law interpretation. Because of their age, such provisions fail to fully take into account the secondary effects that are associated with adult entertainment businesses and fail to address the needs of the City and its residents today and in the future. For this reason, on September 21, 1998 the City Council adopted Ordinance No. NS-2367 as an emergency ordinance ("the emergency ordinance"), which by its own terms expires 45 days ~om the date of its adoption unless otherwise extended. 2. The City Council has held a public hearing, considered all of the written and oral testimony offered concerning whether to extend the emergency ordinance, including the two volumes containing studies undertaken by other public entities and published court opinions. 3. Without extension of the emergency ordinance, properties in the City could quickly receive entitlements to establish adult entertainment businesses, despite the fact that the City Council has determined that the Code is in need of updating and has directed that a study be done to recommend new standards and revised Code sections to address adult entertainment businesses 4. The City Council has directed that all studies be pursued as expeditiously as is practicable, has held a study session on adult uses and has directed staff to expeditiously pursue appropriate revisions to the Code. Since the adoption of the emergency ordinance, the Planning Commission has held two public hearings - the first on September 28, 1998 and the second on October 12, 1998 - on possible revisions to the Code.