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