HomeMy WebLinkAboutOrd. No. 1994-976
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ORDINANCE NO. 976
AN URGENCY INTERIM ORDINANCE OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, EXTENDING FOR 10
MONTHS AND lS DAYS A MORATORIUM ON ADULT
BUSINESS USES PENDING A CONTEMPLATED ZONING
STUDY
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WHEREAS Chapter 17.70 of the city of Lake Elsinore Municipal
Code presently allows adult business uses subject to certain
restrictions and regulations within the C-2 General Commercial
District; and
WHEREAS, an application for such use has been received by the
city; and
WHEREAS, such application has caused elected officials, staff,
adjacent business and the community at large to express concern
about the impact of such businesses on the health, safety and
welfare of the general public and request consideration of the
appropriateness of s.Ciidadult business, the regulations related
thereto, and the locations thereof; and
WHEREAS, such health, safety and welfare concerns include the
secondary effects on the businesses and residential neighborhoods
adjacent thereto resulting from the clientele of such businesses,
the impact on property values adjacent thereto and the impact on
other C-2 businesses; and
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WHEREAS, as a consequence, there is a current and immediate
threat to the public health, safety, and welfare as described and
that the approval of any entitlements for such use which are
required in order to comply with the existing ordinance would
result in that threat to the public health, safety, and welfare.
WHEREAS, on January 25, 1994 the City Council unanimously
adopted Urgency Interim Ordinance No. 974 prohibiting adult
business uses in the City pending a contemplated zoning study.
This urgency ordinance is due to expire in 45 days on March 11,
1994 as prescribed by state law. section 65858(a) of the
Government Code allows the city to extend this ordinance and
moratorium for an additional 10 months and 15 days subject to a
public hearing.
NOW, THEREFORE, the City Council for the city of Lake Elsinore
does hereby ordain as follows:
1. The foregoing recitals are true and correct and are
incorporated herein.
2. That no adult business use as defined in Chapter 17.70
shall be permitted in any zone, within the City pending
study by the planning staff, Planning commission and City
Council with regard to appropriate rules, regulations and
locations for said use.
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3.
This Interim Ordinance shall be of no further force and
effect 10 months and 15 days from the date of its
adoption. After notice pursuant to Government Code
section 65090 and a public hearing, the City Council may
determine to extend this Ordinance as authorized by
Government Code Section 65858. A four-fifths (4/5) vote
shall be required for this Ordinance to be effective.
4. Ten (10) days prior to the expiration of this Ordinance,
the City Council shall issue a written report describing
the measures taken related to the subject matter of this
Ordinance.
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Ordinance No. q76
Page 2
PASSED, APPROVED AND ADOPTED this 8th day of March, 1994, by
the following vote:
NOES:
COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER,
WASHBURN
COUNCILMEMBERS: NONE
AYES:
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ABSENT:
COUNCILMEMBERS: NONE
ABSTAIN:
COUNCILMEMBERS: NONE
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Washburn, Mayor
Lake Elsinore
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_ vicKi Lynn Kasad, City lerk
City of Lake Elsinore
( <:!EA'. \
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APPROVED AS TO FORM AND LEGALITY:
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
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I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Urgency Ordinance was read for
adoption March 8, 1994, and passed on March 8, 1994, by the
following roll call vote:
AYES:
COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ,
WINKLER, WASHBURN
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: NONE
~~r:;:
~CKI KASAD, CITZ CLERK
CITY OF LAKE ~LSINORE
COUNCILMEMBERS:
NONE
(SEAL)
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 976 of said Council, and that the
same has not been amended or repealed.
DATED:
April 14, 1994
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VI~~Y CLERK
CITY OF I.AKE ELSINORE
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(SEAL)