HomeMy WebLinkAboutOrd. No. 1999-1050
ORDINANCE NO. 1050
AN EXTENSION OF AN INTERIM ORDINANCE TEMPORARILY
PROHIBITING NEW FORTUNE-TELLING USES PENDING
CONTEMPLATED ZONING STUDIES
WHEREAS, the City of Lake Elsinore Zoning Code (Title 17 of the Municipal Code) and
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Municipal Code provisions governing public peace, morals and welfare presently prohibit fortune-
telling uses in the City; and
WHEREAS, recent applications for such use have caused elected and appointed officials
and staffto identify certain legal insufficiencies in the City's existing ordinances and to acknowledge
and identify concerns about the impacts of fortune-telling uses on the health, safety and welfare of
surrounding uses and the general public at large and request consideration ofthe appropriateness of
the locations of such land uses as designated and the regulations related thereto; and
WHEREAS, such health, safety and welfare concerns include the impacts on residential
neighborhoods and businesses adjacent to such uses, the impact on property values adjacent thereto
and consumer protection issues associated with fortune-telling uses; 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 application and/or approval of any entitlement for such
use which are required in order to comply with the existing General Plan or ordinance would result
in that threat to the public health, safety, and welfare; and
WHEREAS, the City Council ofthe City of Lake Elsinore adopted Ordinance 1048 on May
11, 1999 prohibiting the establishment of new fortune-telling uses for a period of 45 days pending
zoning studies to be conducted by the City; and
WHEREAS, Since the time Ordinance 1048 was adopted, staff has begun the process of
gathering and reviewing information related to the regulation of fortune-telling uses.
WHEREAS, Staff is researching information related to the land use impacts of fortune-
telling uses; and
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WHEREAS, Staff is also requesting copies of regulations that have been adopted and
implemented by other jurisdictions; and
WHEREAS, extending the interim ordinance would provide staff with adequate time to
complete the necessary research and to develop appropriate regulations and zone designations to
permit fortune-telling uses.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake
U:\BBRADYlFORTUNE-TELLlNG ORDINANCE. DOC
Elsinore does hereby ordain as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. That no fortune-telling or forecasting of futures in exchange for a fee, reward,
donation, loan or receipt of anything of value, as described in Chapter 9.64 of the
Municipal Code and including uses where fortunes are told by means of astrology,
phrenology, cartomancy, tea reading, clairvoyance, clairaudience, crystal gazing,
hypnotism, mesmerism, mediumship, palmistry, spirits, etherealization, numerology,
physiognomy, psychometry, seership prophecy, augury, divination, magic,
necromancy, talisman, charm, potion, magnetism, magnetized article or substance of
any kind or nature shall be permitted in any area, 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. Fortune-telling does not include
forecasting based on historical trends or patterns, an analysis of contemporary events,
nor any of the previously listed arts when presented in an assembly of people which
purchase tickets or meals in exchange for the presentation at a site licensed for
entertainment land uses.
This Interim Ordinance shall be of no further force and effect 10 months and 15 days
vote:
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3.
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from the date of its adoption, unless otherwise extended in accordance with the
requirements of Government Code Section 65858.
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.
PASSED, APPROVED AND ADOPTED this 2pt day of June, 1999, by the following
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: BRINLEY, METZE, PAPE, SCHIFFNER, KELLEY
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
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U,IBBRADYlFORTUNE-TELLING ORDINANCE. DOC
ATTEST:
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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 Ordinance was presented and read by title only for adoption on June
21,1999, by the following roll call vote:
AYES:
COUNCILMEMBERS:
BRINLEY, METZE, P APE, SCHIFFNER,
KELLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONEO
ABSTAIN:
COUNCILMEMBERS:
NONE
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"ViGKI KASAD, CITY CLERK
CITY-OF LAK.E ELSINORE
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(SEAL)
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. 1050 of said Council, and that the same has not been amended or repealed.
DATED: July 6, 1999
2f-. V I
VI~~YCLERK
CITY or' LAKE ELSINORE
'.
(SEAL)