02-04-2014 -City of West Covina
TO: Mayor and City Council Memorandum
FROM: Christopher J. Chung AGENDA
City Manager
ITEM NO. 7
BY: Jeff Anderson DATE February 4, 2014
Planning Director
SUBJECT: URGENCY ORDINANCE ESTABLISHING A MORATORIUM TO
PROHIBIT THE ISSUANCE OF APPROVALS FOR THE OPERATION
OF ADULT ORIENTED BUSINESSES TO STUDY DEVELOPMENT
STANDARDS
RECOMMENDATION:
It is recommended that the City Council introduce and adopt the following ordinance:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA PROHIBITING THE ISSUANCE OF
APPROVALS FOR THE OPERATION OF ADULT ORIENTED BUSINESSES
IN THE CITY PENDING COMPLETION OF STUDY AND REPORT BY THE
PLANNING COMMISSION PERTAINING TO THE REVIEW OF THE
REGULATIONS FOR SUCH USES, DECLARING THIS AN INTERIM
ZONING ORDINANCE, AND SETTING FORTH FACTS CONSTITUTING
THE SAME AS AN URGENCY ORDINANCE
DISCUSSION:
The Adult Oriented Business section of the Municipal Code was created in 1994. Minor updates to
the section were completed in 1996. Since that time the Adult Oriented Business standards have not
been reviewed or modified.
As there has not been a review of the Adult Oriented Business standards in the last 18 years, staff is
recommending that the City Council adopt a moratorium to allow for review of legal decisions
made in that time period. Staff recommends the evaluation of current development standards while
working with the City Attorney's Office to determine if the current ordinance is legally adequate in
protecting First Amendment rights of adult businesses and in establishing standards that are
appropriate for the City.
The goal of a moratorium is to allow staff time to conduct research of alternative code standards and
seek input on potential code standards by residents, the City Attorney's Office, the Planning
Commission and City Council. The recommended moratorium would prohibit the issuance of
approvals for the operation of an Adult Oriented Business. The adoption of a moratorium can last
no longer than two years and allows for full review of the current regulations and provides for new
standards to be adopted. The moratorium can be adopted for an initial period of 45 days. It can
thereafter be extended through a public hearing process by 10 months and 15 days and could
subsequently be extended for an additional year. If adopted, a public hearing will be scheduled for
the March 4, 2014 City Council meeting.
FISCAL IMPACT:
The proposed code amendment would not have any direct fiscal impact to the General Fund.
Prep e by: Jeff Anderson
Planning Director
Attachments:
Attachment 1 — Moratorium Ordinance
Z:\Case Files\CODE AMEND\2014\Adult Business Code Amd\CC Staff Report.Moratorium.doc
0 ATTACHMENT 1 9
ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA PROHIBITING THE ISSUANCE OF
APPROVALS FOR THE OPERATION OF ADULT ORIENTED
BUSINESSES IN THE CITY PENDING COMPLETION OF STUDY AND
REPORT BY THE PLANNING COMMISSION PERTAINING TO THE
REVIEW OF THE REGULATIONS FOR SUCH USES, DECLARING THIS
AN INTERIM ZONING ORDINANCE, AND SETTING FORTH FACTS
CONSTITUTING THE SAME AS AN URGENCY ORDINANCE
WHEREAS, the Adult Oriented Business section of the Municipal Code was created in
1994 and last updated in 1996.
WHEREAS, in the last eighteen years there have been legal precedents established
through litigation that may affect the standards of the Adult Oriented Business section,
WHEREAS, City staff desires to study the adequacy of existing standards and
requirements in the Adult Oriented Business section of the Municipal Code in light of the City's
General Plan and zoning and to work the City Attorney's Office to determine if the current
ordinance is legally adequate in protecting First Amendment rights, and in establishing standards
that are appropriate for the City.
WHEREAS, City staff further desires to seek input from residents, the City Attorney's
Office, the Planning Commission and City Council, and other stakeholders on the appropriate
development standards and regulations that are necessary to preserve the public health, safety,
and welfare.
WHEREAS, the City Council desires, on an urgency basis, to temporarily prohibit the
issuance of approvals for the operation of an Adult Oriented Business or issuance of any
licenses, permits, building permits, or other entitlements to allow the operation of an Adult
Oriented Business.
THE CITY COUNCIL OF THE CITY OF WEST COVINA CALIFORNIA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION NO. 1: The above recitals are true and correct and are incorporated herein
as if set forth in full.
SECTION NO. 2: Pending the completion of a study by the Planning Commission
and/or the adoption of new Zoning regulations, the issuance of approvals for the operation of an
Adult Oriented Business or issuance of any licenses, permits, building permits, or other
entitlements is prohibited.
SECTION NO. 3: The City Council directs the Planning Commission to immediately
commence studies and hearings to study the adequacy of existing standards and requirements in
the Adult Oriented Business section of the Municipal Code and to work with the City
Attorney's Office to determine if the current ordinance is legally adequate in protecting First
Amendment rights and in establishing standards that are appropriate for the City.
SECTION NO.4: This Ordinance is an Interim Urgency Ordinance enacted pursuant
to Sections 36934 and 65858 of the Government Code of the State of California, and in
accordance therewith, shall be of no further force and effect forty-five (45) days after the
adoption of this Ordinance unless after notice pursuant to Section 65090, and public hearing, the
City Council shall extend this Ordinance in accordance with the terms and provisions of Section
65858 of the Government Code.
SECTION NO. 5. The City Council hereby finds, determines and declares that the
immediate preservation of the public peace, health, safety and welfare necessitates the enactment
of this Interim Ordinance as an Urgency Ordinance and that the issuance of approvals for the
operation of an Adult Oriented Business or any other applicable entitlement or permit for use
which is required in order to comply with City of West Covina Municipal Code would result in
ZACase Files\CODE AMEND\2014\Adult Business Code Amd\Moratorium Ordiance.doc
Ordinance No.
February 4, 2014, Page 2
an immediate threat to public health, safety, or welfare and that the approval of use permits,
variances, building permits, or any other applicable entitlement for use which is required in order
to comply with the City's zoning ordinance would result in that threat to public health, safety, or
welfare. The City Council further finds there is a current and immediate threat to the public
health, safety and welfare necessitating the adoption of this Ordinance as an Interim Zoning
Ordinance under Section 65858. Said above findings are based on the following:
1. The recitals, staff report, presentation, oral testimony and evidence presented are
hereby incorporated herein by this reference and made part of record in support of the findings.
2. The existing Municipal Code standards for Adult Oriented Business have not
been reviewed for eighteen years. Therefore it is appropriate to evaluate current
development standards and to work with the City Attorney's Office to determine
if the current ordinance is legally adequate in protecting First Amendment rights
and in establishing standards that are appropriate for the City.
3. If an Urgency Interim Zoning Ordinance is not adopted immediately, the
standards in the Adult Oriented Business section of the Municipal Code may
include regulations that are not in compliance with current legal requirements.
The adoption of this Urgency Ordinance allows City staff, in conjunction with the
City Attorney's Office, to study the standards to ensure that they are legally
adequate in protecting First Amendment rights, in establishing standards that are
appropriate for the City, and that secondary effects are fully addressed.
SECTION NO. 6: The provisions of this Ordinance shall not apply to the following:
1. The submittal and review for completeness of an Adult Oriented Business permit.
SECTION NO. 7: The proposed action is considered to be exempt from the provisions
of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the
CEQA Guidelines, in that the proposed action consists of the adoption of a zoning moratorium
ordinance which does not have the potential for causing a significant effect on the environment.
SECTION NO. 8: The City Council hereby declares it would have passed this
Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does
hereby declare that the provisions of this Ordinance are severable and, if for any reason any
sentence, paragraph, or section of this Ordinance shall be held invalid, such decision shall not
affect the validity of the remaining parts of this Ordinance.
SECTION NO. 9: At least ten days before the expiration or extension of this
Ordinance, the City Council shall issue a written report describing the measures taken to address
the issues of concern.
SECTION NO. 10: The definitions and penalties for land use violations that are
prescribed in the West Covina Municipal Code shall apply to violations of the provisions of this
Interim Urgency Ordinance.
SECTION NO. 11: The City Clerk shall certify to the adoption of this Ordinance, and
the City Clerk shall cause this Ordinance to be posted or published as prescribed by law. This
Ordinance shall take effect immediately upon adoption.
ZACase Files\CODE AMEND\20MAdult Business Code Amd\Moratorium Ordiance.doc
Ordinance No.
February 4, 2014, Page 3
PASSED AND APPROVED ON THIS day of , 2014.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I, Nikolas S. Lewis, City Clerk of the City of West Covina, do hereby certify that the
foregoing Ordinance No. was duly adopted and passed at a regular meeting of the City
Council on the day of , 2014.
AYES:
NOES:
ABSENT:
City Clerk
APPROVED AS TO FORM:
City Attorney
ZACase Files\CODE AMEND\2014\Adult Business Code Amd\Moratorium Ordiance.doc