HomeMy WebLinkAbout1996-11-26 - AGENDA REPORTS - MORATORIUM ADULT USES (2)AGENDA REPORT
City Manager Approval
Item to be presented by:
Glenn Adamick
PUBLIC HEARING
DATE: November 26, 1996
SUBJECT: EXTEND THE MORATORIUM ON ADULT USES FOR A MAXIMUM
PERIOD OF TEN MONTHS AND FIFTEEN DAYS
URGENCY ORDINANCE NO. 96-22 J-5—
DEPARTMENT:
5
DEPARTMENT: Community Development
1 lkIC
On October 22, 1996, the City Council adopted the above referenced ordinance establishing
a 45 day moratorium on adult uses and directed staff to prepare a permanent adult business
ordinance. The moratorium ordinance provided a request for exception procedure consistent
with legal requirements.
In order to extend the moratorium adopted by Ordinance No. 96-33, the City must issue, at
least ten days prior to its adoption of an extension, a report detailing and describing the
measures taken to, alleviate the condition which required the.adoption of the moratorium
ordinance. This one page report is attached and reflects the actions taken to date to extend
the moratorium.
RECOMMENDATION
1) Open the public hearing.
2) Approve the extension of the moratorium on adult uses for a maximum time period
of ten months and fifteen days with the understanding that the extension will take
effect on December 6, 1996.
ATTACHMENT
Summary
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Agenda Item -16
CITY OF SANTA CLARITA
Report Required by Government Code Section 65858 (d)
Since the adoption of Ordinance No. 96-33 on October 22, 1996, staff has completed various
tasks in formulating a permanent adult business/use ordinance. Staff has gathered information
from several cities who have recently enacted an adult business ordinance. Staff has collected
data related to establishing location requirements for adult businesses. The City's Finance
Division is presently researching business licensing requirements for adult businesses.
The Planning Commission is scheduled to conduct its first public hearing on revising the adult
business ordinance on November 19, 1996. At this, meeting the Planning Commission will
consider recommended location requirements and development standards.
Staff is also in the process of developing forms and submittal requirements for adult business
permits.
The above reflects the actions taken during this short time period to warrant an extension of
the moratorium on adult uses.
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NO. 96-35
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA CLARITA, CALIFORNIA, EXTENDING FOR A
PERIOD OF TEN MONTHS AND FIFTEEN DAYS IN
ACCORDANCE WITH GOVERNMENT CODE SECTION 65858
A MORATORIUM ON ADULT USES AND AN EXCEPTION
PROCESS ALLOWING APPLICATIONS FOR EXCEPTIONS
AS TO ADULT USES WITHIN THE CITY OF SANTA
CLARITA, DECLARING THE URGENCY THEREOF, AND
FOR OTHER PURPOSES
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS
FOLLOWS:
A. On October 22, 1996, the City Council following public
testimony adopted an urgency ordinance under the provisions of
Government Code Section 65858 imposing a moratorium on adult uses
and providing for exceptions thereto. The City Council also
considered all public comments offered and at the conclusion
thereof adopted Ordinance No. 96-33.
B. Unless an extension to the moratorium adopted by
Ordinance No. 96-33 is adopted, the moratorium will terminate on
December 5, 1996 and no new moratorium may thereinafter be
enacted.
C. The City Council has held a duly noticed public meeting
and hearing to consider the adoption of this Ordinance extending
the moratorium for a period of ten months and fifteen days in
accordance with Government Code Section 65858. The City Council
considered all of the written and oral comments offered.
D. The City Council finds that at least ten (10) days
prior to the expiration of the interim Ordinance in accordance
with Government Code Section 65858(d), the City Council caused to
be issued a written report on its behalf detailing the measures
taken to alleviate the conditions which led to the adoption of
the moratorium ordinance.
E. The provisions of the City's Municipal Code that
regulate adult businesses are inadequate and need review, study,
and probable revision which has begun by gathering information
from other jurisdictions or options for the City to consider.
Such provisions fail to fully take into account the secondary
effects that are associated with adult uses and fail to address
the needs of the City and its residents today and in the future.
F. Without the extension.of this moratorium and exception
process, properties in the City could quickly receive entitlement
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to establish adult uses despite the fact that the City Council
has determined that the City's Municipal Code is in need of
updating and has directed that a study be done to -recommend new
standards and revised Municipal Code sections -to address adult
uses.
G. The City Council directs that all studies be pursued as
expeditiously as is practicable. In order to prevent the
frustration of said studies and the implementation thereof, the
public interest, health, safety, and welfare require the
immediate enactment of this Ordinance. The absence of this
Ordinance would create a serious threat to the orderly and
effective implementation of any zoning amendments or amendments
to the City's General Plan (which has just been adopted) which
may be adopted by the.City as a result of the studies, in that
further development of adult uses within the City may be in
conflict with or frustrate the contemplated updates and revisions,
to the City's zoning code or General Plan and may result in
secondary effects from adult uses in conflict with the
contemplated updates and revisions to the City's zoning code or
General Plan.
H. The City Council finds that this Ordinance is necessary
in order to protect the City from the potential secondary effects
of adult business including crime, the protection of the City's
retail trade, maintenance of property values, protection and
preservation of the quality of the City's neighborhoods and the
City's commercial districts, the protection of the City's quality
of life, and the increased threat of the spread of sexually
transmitted diseases. Experience in this City, as well as in
other portions of Southern California, including the County of
Los Angeles and the Cities of Renton, Washington; Seattle,
Washington; and Detroit, Michigan have demonstrated that such
uses have objectionable secondary effects upon immediately
adjacent residential and commercial areas. The City recognizes
and relies upon the experience of these other cities and counties
in adopting adult business regulations including the County of
Los Angeles [as discussed in Smith v. County of Los Angeles
(1989) 211 Cal.App.3d 188]; City of Renton, Washington [as
discussed in City of Renton v. Playtime Theaters, Inc. (1976) 475
U.S. 41]; and the City of Seattle, Washington [as discussed in
Northend Cinema v. City of Seattle (1978) 90 Wash.2d 709, 585
P.2d 1153] in support of this Ordinance.
I. Experience in this City, as well as other portions of
Southern California, and other cities and counties including
Renton and Seattle, Washington and Detroit, Michigan have
demonstrated that such adult uses when located in close proximity
to one another have objectionable secondary effects on adjacent
residential and commercial areas.
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J. The City Council finds thatthisOrdinance is
immediately required to preserve the City, including the City's
commercial and residential areas, from the possible secondary
effects of adult businesses during the period of time necessary
to complete the studies and revised zoning code. The City
Council further finds the approval or establishment of any new
adult businesses would result in the threat to the public health,
safety, and welfare caused by the secondary effects of adult
businesses which have caused the City to review its adult
business regulations and impose and extend this moratorium. The
City Council further finds that inquiry has been made as to the
establishment of additional adult businesses in the City the
duration of which would impede and possibly defeat the purposes
of this moratorium.
K. The City Council finds, determines, and declares that a
current and immediate threat to the public health, safety, and
welfare of the City and its citizens necessitates the immediate
enactment of the Ordinance. The facts constituting such an
urgency.are set forth in Sections A -J, inclusive of this
Ordinance.
L. The City Council further finds that this is a matter of
City-wide.importance and is not -directed towards any particular
parcel of property or proposed use.
M. In adopting this Ordinance, the City Council intends
that the provisions of this Ordinance have neither the purpose
nor effect of imposing a limitation or restriction on the content
of any communicative materials, including adult-oriented
materials, that are protected by the First Amendment of the
United States Constitution and the relevant provisions of the
California State Constitution.
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS
FOLLOWS:
Section One: Regulated Uses.
No person shall commence or establish a business or use and
no application for discretionary approvals shall be accepted by
the City with regard to any of the following types of uses:
- Massage Parlors
- Adult Bookstores
- Adult Theaters
- Adult Arcades
- Adult Hotel/Motels
- Adult Cabaret
- Adult Specialty Shops
Acupressure
- Public Baths
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Figure Modeling Studios
Adult Dance Studios
Section Two: Request for Exception.
Any person who desires to establish within the City a use
which is prohibited from being established by the operation of
this Ordinance may request an exception from the City. Any use
which is granted an exception may be established in the City
irrespective of the provisions of the Municipal Code which
provisions are currently under study. All rights or privileges
extended by the City in approving a request for exception shall
expire one -hundred -twenty (120) days from the effective date of
the City ordinance(s) which implement the studies required
pursuant to this Ordinance and Government Code section 65858,
except as may otherwise.be provided by state or federal law.
Except as specifically set forth herein, the grant of a request
for exception by the City shall not release the applicant from
complying.with.any applicable federal, state, or local law or
regulation.
Section Three: Application for Request for Exception.
An application for a request exception shall be subject to
the fee and procedures of a minor use permit, pursuant to the
findings contained within Section Four of this Ordinance.
Section Four: Grant or Denial of Exception.
The Planning Commission shall grant, conditionally grant, or
deny a request for exception to the provisions of this Ordinance.
The Commission shall approve an application for exception where
the information submitted by the applicant substantiates the
following.findings:
a. That the proposed use will be consistent with the
General Plan of the City, any other adopted plan of the
City, or the adopted plan of any other governmental
agency;
b. That the proposed site is adequate in size and shape to
accommodate the yards, walls, fences, parking and
loading facilities, landscaping, and other development
features prescribed in the City's Municipal Code or as
otherwise required in order to integrate said use with
the uses in the surrounding area;
C. That the.proposed site is adequately served by highways
or streets of sufficient width and improved as
necessary to carry the kind and quantity of traffic
that such use would generate;
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d. That the proposed site is adequately served by other
public and private service facilities as are required;
e. That the subject site is located within one of the
following zones: Commercial Town Center (CTC),
Community Commercial (CC), Industrial Commercial (IC)
or Business Park (BP) zone.
f. The requested use at the proposed location will not be
located within a five -hundred (500) foot radius to any
residential zone or other property used for residential
purposes, (hereinafter "residential zone."). The
distance between a proposed use and a residential zone
shall be measured between the nearest exterior wall of
the proposed use, and the nearest lot line included
within the residential zone, along a straight line
extended between the two points.
g. The requested use at the proposed location will not be
located within a one thousand (1,000) foot radius of
any other regulated use under this Ordinance.
Distances between uses shall be measured between the
nearest exterior walls or such uses or proposed uses
along the shortest route intended and available for
public traverse between said uses.
h. The requested use at the proposed location will not be
within one -thousand (1,000) feet of any existing
church, park, or educational institution utilized by
minors, hereinafter "Sensitive Use". The distance
between a proposed use and a Sensitive Use shall be
measured between the nearest exterior wall of the
proposed use, and the nearest lot line included within
the Sensitive Use, along a straight line extended
between the two points.
i. The.requested use at the proposed location is
sufficiently buffered in relation to residentially
zoned areas within the immediate vicinity so as not to
adversely affect such areas;
j. The exterior appearance of the structure will not be
inconsistent with the external appearance of commercial
structures already constructed or under construction
within the.immediate neighborhood so as to cause
blight, deterioration, or substantially diminish or
impair property values within the neighborhood; and,
k. The proposed use otherwise complies with the zoning and
other regulations adopted by the City pertaining to
adult businesses and adult uses.
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The Planning Commission shall deny the request for exception
where the information submitted by the applicant fails to
substantiate the above-described findings. The Planning
Commission shall render a written decision on the request for
exception within thirty (30) days of receiving a -completed
application for exception. The Director of Community Development
shall determine whether an application is complete within five
(5) working days of its submittal to the Community Development
Department.
Section Five: Appeal of Planning Commission's Decision.
Any interested person may appeal the decision of the
Planning Commission to the City Council in writing within fifteen
(15) days after the decision of the Planning Commission. Notice
of the Planning Commission's decision shall be mailed to all
property owners within five -hundred (500) feet of the proposed
use. Consideration of an appeal of the Planning Commission's
decision shall be at a public hearing which shall be advertised
in accordance with Government Code Section 56090 and shall occur
within thirty (30) days of the filing or initiation of the
appeal. The City Council action on appeal of the Planning
Commission's decision shall be final and conclusive. Notice of
the City Council's decision shall be mailed to the applicant and
shall include citation to California Code of Civil Procedure
§ 1094.6.
Section Six: Definitions.
In addition to the definitions contained in the City's
Municipal Code, the following words and phrases shall, for the
purposes of this Ordinance, be defined as follows, unless it is
clearly apparent from the context that another meaning is
intended. Should any of the definitions be in conflict with the
current provisions of the City's Municipal Code, these
definitions shall Drevail:
a. "Adult Motion Picture Arcade" means any place to which
the adult public is permitted or invited and where coin
or slug operated or electronically, electrically or
mechanically controlled amusement devices, still or
motion picture machines, projectors or other image -
producing devices are maintained to show images on a
regular or substantial basis, where the images so
displayed are distinguished or characterized by an
emphasis on depicting or describing "specified sexual
activities" or "specified anatomical areas."
b. "Adult Bookstore" shall mean an establishment that
devotes more than 15% of the total floor area for the
display of books and periodicals for the sale of the
following: books, magazines, periodicals, or other
LAX2:W992.1 -6-
printed matter, or photographs, films, motion pictures,
video cassettes, slides, tapes, records, or other forms
of visual or audio representations which are
characterized by an emphasis upon the depiction or
description of specified sexual activities or specified
anatomical instruments, devices or paraphernalia which
are designed for the use in connection with specified
sexual activities.
An adult bookstore does not include an establishment
that sells books or periodicals as an incidental or
accessory part of its principal stock -in -trade and does
not devote more than 15% of the total floor area of the
establishment to the sale of adult only books and
periodicals.
C. "Adult Business" shall mean any business which, because
minors are excluded by virtue of their age as a
prevailing business practice, is not customarily open
to the general public, including but not limited to, an
adult arcade, adult book stores, adult theaters, adult
cabaret, love parlor, massage parlor, model studio,
nude studio, sexual catharsis center, sexual encounter
shop, sexual novelty store or any other similar use
wherein the preponderant business is the offering of
services, materials and/or products which have as their
dominant theme sexual arousal, sexual gratification
and/or sexual stimulation of a customer.
This definition does not apply, nor shall be
interpreted to apply, to any business conducted,
operated by or employing licensed chiropractors,
licensed physicians, licensed physical therapists,
licensed psychologists, licensed social workers or
licensed marriage and family counsellors when
performing functions under or pursuant to the
respective license held.
d. "Adult Cabaret" shall mean a nightclub, bar, theater,
restaurant or similar establishment which regularly
features live performances which are distinguished or
characterized by an emphasis on specified sexual
activities or by exposure of specified anatomical areas
and/or which regularly features films, motion pictures,
video cassettes, slides or other photographic
reproductions which are distinguished or characterized
by an emphasis upon the depiction of specified sexual
activities or specified anatomical areas for
observation by patrons.
e. "Adult Dance Studio" shall mean any establishment or
business which provides for members of the public a
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partner for dance where the partner, or the dance, is
distinguished or characterized by the emphasis on
matter depicting, or describing or relating to
"specified sexual activities" or "specified anatomical
areas."
f. "Adult Hotel/Motel" shall mean a hotel or motel or
similar establishment offering public accommodations
for any form of consideration which provide patrons
with closed circuit televisions transmissions, films,
motion pictures, video cassettes, slides or other
photographic reproductions which are distinguished or
characterized by an emphasis upon the depiction or
description of "specified sexual activities" or
"specified anatomical areas" for observation by
patrons.
g. "Adult Motion Picture Theater" shall mean an
establishment, with the capacity of 50 or more persons,
where, for any form of consideration, films, motion
pictures, video cassettes, slides or similar
photographic reproductions are shown, and in which a
substantial portion of the total presentation time is
devoted to the showing of material which is
distinguished or characterized by an emphasis upon the
depiction or description of "specified sexual
activities" or "specified anatomical areas" for
observation by patrons.
h. "Figure Modeling Studio" shall mean any establishment
or business which provides for members of the public,
the services of a live human model for the purpose of
reproducing the human body, wholly.or partially in the
nude, by means of photograph, painting, sketching,
drawing, or other pictorial form.
i. "Material" relative to adult businesses shall mean and
include, but not be limited to, accessories, books,
magazines, photographs, prints, drawings, paintings,
motion pictures, and pamphlets, or any combination
thereof.
j. "Massage Parlor" shall mean any establishment as
defined in Section 5-1-13 of the Codified Ordinances of
the County of Los Angeles as the same were adopted by
the City.of Santa Clarita by Ordinance No. 96-33.
k. "Specified Anatomical Areas" shall -mean:
(1) less than completely and opaquely covered:
(a) human genitals, pubic region;
LAX2:164992.1 -8-
(b) buttock, or,
(c) female breast below a point immediately above
the top of the areola; or,
(2) human male genital in a discernibly turgid state,
even if completely and opaquely covered.
1. "Specified Sexual Activities" shall mean:
(1) the fondling or other touching of human genitals,
pubic region, buttocks, anus or female breasts;
or,
(2) sex acts, normal or perverted, actual or
simulated, including intercourse, oral copulation
or sodomy; or,
(3) masturbation, actual or simulated; or,
(4) excretory functions as part of or in connection
with any of the activities set forth in 1 through
3.
Section Seven: Severance
If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance, is for any reason held to
be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance. The City
Council hereby declares that it.would have adopted this
Ordinance, and each section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions, sentences,
clauses, phrases, or portions thereof be declared invalid or
unconstitutional.
Section Eight: Publication.
The City Clerk shall certify to the passage of this
Ordinance and cause the same to be published in the manner
prescribed by law.
Section Nine: UrgencvMeasure/Effective Date.
This Ordinance shall be introduced, passed, and adopted at
one and the same meeting as an urgency measure. As extension of
the moratorium imposed by Ordinance No. 96-33, this Ordinance
shall become effective.upon the expiration of Ordinance No. 96-33
on December 5, 1996 and shall continue in full force and effect
unless amended or repealed for a period of ten (10) months and
LAX2:164992.1 -9-
4
fifteen (15) days. The reasons for this urgency are declared and
set forth in Paragraphs A -J and Sections 1-9, inclusive, of this
Ordinance and same are incorporated herein by this reference.
PASSED, APPROVED, AND ADOPTED this day of
, 1996.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, George A. Caravalho, City Manager/City Clerk of the City
of Santa Clarita, do hereby certify that the foregoing Ordinance
No. was duly introduced, passed, and adopted as an urgency
ordinance at a regular meeting of the City Council on the _ day
of , 1996, by the following roll -call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
CITY CLERK
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