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Ordinance - 2256ORDINANCE NO. 2256 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 Ordinance No. 2256 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 provisionss 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. Ordinance No. 2256 Page 3 APPROVED AND ADOPTED on this 4th day of February 2014. ATTEST: City Clerk ickolas S'. Lewis I, NICKOLAS S. LEWIS, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Urgency Ordinance was introduced, approved and duly adopted at a regular meeting of the City Council on the 41h day of February 2014 by the following vote: AYES: Spence, Sykes, Toma, Warshaw, Herfert NOES: None ABSENT: None ABSTAIN: None i ity Clerk Nickolas S. Lewis,. APPROVED AS TO FORM: 4- i1A "'44 - ;�_ C Attorney Arnold Alvarez-Glasman CERTIFICATION I, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do hereby certify that a true and accurate copy of Ordinance No. 2256 was duly enacted and passed by the West Covina City Council, and caused to be posted pursuant to law (G.C. 36933), at the following locations: West Covina City Clerk's Office (3rd floor) Los Angeles County Public Library (West Covina Branch) West Covina Police Department (front lobby) Susar ush., Assistant'Ci Cle !\`` Posted: February 6, 2014