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• <br /> • <br /> ORDINANCE No. 2177-96 <br /> AN ORDINANCE extending the interim comprehensive plan <br /> policies related to adult use businesses, amending <br /> Ordinance No. 2143-96 <br /> Whereas, the City Council does find: <br /> 1 . Following a public hearing, the City declared an emergency and <br /> adopted interim comprehensive plan policies for adult use <br /> businesses, Ordinance No. 2143-96, on May 8 , 1996, in response to <br /> Judge Farris' decision in Wallock v. Everett; and <br /> 2 . The interim policies are effective for six (6) months which <br /> period expires unless extended, made permanent or otherwise <br /> revised; and <br /> 3 . The policies were adopted as interim to act as a stop-gap <br /> measure while the State reviewed the policies, to allow immediate <br /> implementation of the policies and to avoid possible adverse <br /> consequences from adult use businesses claiming vested rights <br /> inconsistent with the City' s regulatory scheme for adult use <br /> businesses; and <br /> 4 . Following the adoption of the interim policies, the interim <br /> policies were challenged in federal court and before the Growth <br /> Hearings Board. A decision in the Board matter is expected <br /> following the expiration of the existing interim policies; and <br /> 5 . The City Council held a public hearing at the time of the <br /> adoption of the interim comprehensive plan policies andadopted <br /> findings and conclusions set forth in Resolution No. 4264 ; and <br /> 6 . The challenges to the interim policies have diverted staff <br /> resources from finalizing these policies; and <br /> 7 . An extension of the interim policies will allow the City to <br /> thoroughly review new technical issues regarding the ordinance' s <br /> affect that have been raised before the Growth Hearings Board; <br /> and <br /> 8 . An extension of the interim policies would provide additional <br /> time to provide for public participation before the policies are <br /> adopted as final measures; and <br /> 9 . An extension of the interim policies will allow the City to <br /> implement a work plan that will result in a study that includes <br /> staff' s review of challenges to the interim policies for adult <br /> use businesses, staff' s monitoring of the litigation of the <br /> City' s adult use regulatory scheme, staff' s evaluation of the <br />