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NS-2372
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Last modified
1/3/2012 1:02:17 PM
Creation date
6/26/2003 10:08:09 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2372
Date
10/19/1998
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365 <br /> <br /> 5. In order to prevent the frustration of said studies and the implementation <br />thereof, the public interest, health, safety and welfare require the immediate enactment of <br />an ordinance extending the emergency ordinance. The absence of such an ordinance <br />would create a serious threat to the orderly and effective implementation of any Code <br />amendments, general plan amendments or specific plan amendments which may be <br />adopted by the City as a result of the studies, in that further development of adult uses <br />within the City may be in conflict with or frustrate the contemplated updates and <br />revisions to the Code, general plan or specific plans and may result in the secondary <br />effects from adult uses in conflict with the contemplated updates and revisions to the <br />Code, general plan and/or specific plans. <br /> <br /> 6. Experience in this City, as well as in other portions of southern California <br />including the County of Los Angeles, the City of Garden Grove and other cities in other <br />states including the cities of Renton, Washington; Seattle, Washington; Detroit, Michigan; <br />Austin, Texas; Indianapolis, Indiana; and Phoenix, Arizona have demonstrated that such <br />uses have objectionable secondary effects upon immediately adjacent residential and com- <br />mercial areas. The City recognizes and relies upon the experience of these other cities and <br />counties in adopting adult business regulations including the County of Los Angeles; City <br />of Renton, Washington (as discussed in City ofRenton v. Playtime Theatres, Inc. (1976) <br />475 U.S. 41); the City of Seattle, Washington (as discussed in Northend Cinema v. City of <br />Seattle (1978) 90 Wash.2d 709, 585 P.2d 1153); and the County of Palm Beach, Florida (as <br />discussed in Movie & Video Worm v. Board of County Commissioners (S.D. Fla. 1989) <br />723 F.Supp. 695) in support of this Ordinance. The City also recognizes and relies upon the <br />studies done by: (1) the City of Los Angeles in 1977; (2) the 1991 report to the City of <br />Garden Grove by Drs. McCleary and Meeker on the relationship between crime and adult <br />business operations; (3) the 1979 Adult Use Study by the Phoenix Planning Department; (4) <br />the 1984 "Analysis of Adult Entertainment Businesses in Indianapolis" by the Department <br />of Metropolitan Development; (5) Austin, Texas' 1986 study on effects of adult businesses; <br />(6) Oklahoma City, Oklahoma (1986); (7) Houston, Texas (1983); (8) Beaumont, Texas <br />(1982); (9) Minneapolis, Minnesota (1980); (10) Amarillo, Texas (1977); and (11) <br />Cleveland, Ohio (1977). <br /> <br /> 7. The City Council finds that this ordinance, extending the emergency <br />ordinance, is immediately required to preserve the City, including the City's commercial <br />and residential areas from the possible secondary effects of adult uses during such period <br />of time to complete the studies and proposed revised Code in order to protect the City and <br />its residents from the above-recognized potential secondary effects. <br /> <br /> 8. The City Council finds, determines and declares that the current and immediate <br />threat to the public health, safety and welfare of the City and its citizens necessitates the <br /> <br /> <br />
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