HomeMy WebLinkAboutMC-896 Effective: February 22, 1994 '
1 ORDINANCE NO. MC-896
2 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 19.06, SECTION 19.06.030(2) (A) AND TABLE 06.03 OF THE SAN
3 BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO ADULT
BUSINESSES AND DECLARING THE URGENCY THEREOF.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6 SECTION 1. Section 19 .06.030(2) (A) of the Municipal Code
7 (Development Code) is amended to add the IL, Industrial Light,
8 land use district . in addition to the CH, Commercial Heavy, land
9 use district where Adult Businesses are permitted subject to a
10 Conditional Use Permit; all other provisions of Section
11 19 .06.030(2) (A) remain unchanged including the distance
i2 requirements separating an adult business from another adult
13 business, religious institution, school, public park or property
14 designated for residential use or used for residential purposes.
15 The first sentence of Section 19 .060.030(2) (A) of the
16 Development Code is hereby amended to read as follows (see
17 Attachment A, Development Code Page 11-91, attached and
18 incorporated hereby by reference) :
19 "A. ADULT BUSINESSES
20 Adult businesses are permitted, subject to a
21 Conditional Use Permit, only in the CH and IL land use
22 districts. For the purposes of this Section, the
23 following definitions shall apply: "
24 SECTION 2. Development Code Table 06.03 COMMERCIAL AND
25 INDUSTRIAL DISTRICTS SPECIFIC STANDARDS, is hereby amended to
26 permit Adult Businesses in the CH and the IL Districts (see
27 Attachment B, Development Code Page II-90, attached and
28 incorporated herein by reference) .
DAB/js [Adult.Ord] 1 February 17, 1994
MC-896
I SECTION 3. Urgency. The Mayor and Common Council do hereby
2 find that .the present regulations in the Development Code permit
3 Adult Businesses in only very limited areas of the City. In order
4 to protect the public health, safety and welfare, it is necessary
5 that this ordinance take effect immediately to safeguard the
6 City' s ordinances from potential Constitutional challenges in
7 light of the recent 1993 United States Court of Appeals, Ninth
8 Circuit, decision in Topanga Press Inc. v. City of Los Angeles,
9 989 Fed.2d. 1524.
10 I HEREBY CERTIFY that the foregoing Ordinance was duly
11 adopted by the Mayor and Common Council of the City of San
joint adjourned
12 Bernardino at a regular meeting thereof, held on the 22nd
13 day of February 1994, by the following vote, to wit:
14 Council Members: AYES NAYS ABSTAIN ABSENT
15 NEGRETE X
16 CURLIN X
17 HERNANDEZ X
18 OBERHELMAN X
19 DEVLIN X
20 POPE-LUDLAM X
21 MILLER X
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23
City Clerk
24 � p,YNRC�LYIC�J ��
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DAB/ja [Adu1t.0rd] 2 February 17, 1994
MC-896
1 AN URGENCY. . .AMENDING CHAPTER 19.06, SECTION 19.06.030(2) (A)
OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING
2 TO ADULT BUSINESSES AND DECLARING THE URGENCY THEREOF. o
3 The foregoing Ordinance is hereby approved this '311&�/day
4 of February 1994.
5
6 T m T4ino ayor
City of San Bernardino
7
Approved as to form
8 and legal content:
9 JAMES F. PENMAN,
City Attorney
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DAB/j. [Adul[.Ord] 3 February 17. 1994