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Home My WebLink About1997-05-27 - AGENDA REPORTS - ADULT BUSINESS (2)a City Manager Approva Item to be presented y: aftlKesLsI:\ MINCE! DATE: May 27, 1997 SUBJECT: PROPOSED UNIFIED DEVELOPMENT CODE AND SANTA CLARITA MUNICIPAL CODE MODIFICATIONS TO ADULT BUSINESSES, TATTOO PARLORS AND PAWN SHOPS RESOLUTION 97-46 RESOLUTION 97-47 ORDINANCE 97-1 ORDINANCE 97-9 DEPARTMENT: Community Development Since adopting the City's Unified Development Code in 1992, adult businesses have been allowed to operate in the Community Commercial, Industrial Commercial, and Industrial zones subject to the approval of a conditional use permit. In recent years, several court decisions have rendered illegal the conditional use permit process that regulates adult uses. The courts have found that a city cannot use the conditional use permit procedure to regulate adult businesses due to the discretionary findings associated with approving or denying such a permit and the lack of a specific time period within which the permit must be acted upon. Therefore, the denial of an adult use because of these CUP findings, if challenged, would be reversed by the courts and the use would be allowed at the subject location regardless of the characteristics of that property (proximity to residential, schools, churches, etc.). As a result of recent court decisions and several inquires over the past five years (approximately 5) regarding operating an adult business within City boundaries, the City Council on October 22, 1996, directed staff to prepare a permanent Adult Business Ordinance for Planning Commission recommendation and Council consideration. Until a permanent ordinance was adopted, Council adopted Ordinance No. 96-33, which established a 45 day moratorium on adult uses. On November 26, 1996, the City Council approved an extension of the 45 day moratorium (Ordinance No. 96-35) for a period of ten months and fifteen days. Since the adoption of the moratorium ordinance, the City has received one inquiry to operate an adult business within the City's boundaries. However, no formal application has been submitted. Adopted: ,1-1-41 APPROVED Agenda Item. Since being directed by Council to draft a permanent adult business ordinance, staff has worked with the attorney, met with the public, researched other recently adopted adult ordinances from cities such as Palmdale, Lake Forest, and the County of Los Angeles and added recommendations from the Planning Commission. As a result of this proposed ordinance, adult businesses could be allowed in three selected zones (CC, IC, BP) provided they are 1000' away from residences, churches, parks, public buildings and schools. The implementation of this ordinance would also require specific development standards and stringent licensing requirements on all adult businesses. Staff believes this ordinance is the most legally defensible ordinance completed to date. On March 25, 1997, the City Council adopted ordinance number 97-5 regulating the use of news vending machines on the public right-of-way. Directly preceding the adoption, the U.S. Supreme Court upheld 1994 legislation restricting the distribution of `matter harmful to minors'. Staff was instructed to return to the City Council with a proposed revision consistent with California Penal Code 313 and with the pending Adult Business Ordinance. The proposed revision has been included in the Adult Business Ordinance. M�711'l1liZ�l7:\:,II�17j•Y ► 1 • : �L� - � • On November 26, 1996, the City Council passed ordinance number 96-30 adopting by reference various amendments to the Unified Development Code. However, tattoo parlors and pawn shops were not included with this ordinance because the attorneys and staff felt it was necessary to research these uses further before presenting it to Council. Currently, tattoo parlors do not require any kind of permit and are allowed in all commercial or industrial zones of the City. However, pawn shops are required to obtain a Minor Use Permit in the Community Commercial zones of the City and are allowed uses in the Business Park, Industrial Commercial, and Industrial zones without- any kind of use permit. Because of the sensitivity and proliferation of these uses, staff and the attorneys are recommending that both potential uses be subject to a minor use permit in the applicable zones and automatically referred to the Planning Commission for a hearing. The Commission would then have the ability to review the request and either approve or deny the request based on the minor use permit findings within the Code. The Planning Commission heard the adult business item on November 19, 1996, and March 18, 1997. At the meeting of March 18, 1997 the Planning Commission, by a vote of 5-0, adopted Resolution P97-04, recommending approval to the City Council for the proposed adult business ordinance. At that meeting, the Commission incorporated the following standards into the adult business ordinance: 1) Require a 1000' buffer between any adult business and any religious institution, school, public park, public building, or any properties zoned or approved for residential use or used for residential purposes, or within another adult business. 2) Require adult businesses only be permitted to operate in the Community Commercial (CC), Industrial Commercial (IC), or Business Park (BP) zones. 3) Require that residents and the public be notified prior to any adult business proposal. All owners within a 1000' radius of the proposed adult business will be notified and a sign shall be posted on-site advertising the date of the public hearing. The proposed Adult Business Ordinance is made up of two sections: an Adult Business Use Permit section and an Adult Business License section. The Use Permit will be processed through the Community Development Department and the License will be administered through Los Angeles County Business License and the City's Finance Department. In addition, prior to obtaining an Adult Business License from the County, a Use Permit will first need to be approved by the Planning Commission. Included in the proposed ordinance are definitions, pre- existing legal uses, application requirements, development standards, and a timeline. For specific information regarding these sections please review the attached Adult Business Ordinance. The Planning Commission conducted a public hearing on the proposed amendments regarding tattoo parlors and pawn shops on November 19, 1996. At this meeting, the Commission reached consensus on these amendments, recommending that Council modify the Unified Development Code to require tattoo parlors and pawn shops to submit a minor use permit application, which would be automatically referred to the Planning Commission for approval or denial, provided they are located in the Community Commercial, Industrial Commercial, and Business Park zones. DATI Adopt Resolution No.97-47, adopting a negative declaration for the amendments to the Unified Development Code. Introduce Ordinance No. 97-1 and pass to a second reading establishing regulations for adult businesses. Introduce Ordinance No. 97-9 and pass to a second reading establishing regulations for tattoo parlors and pawn shops. Adopt Resolution No.97-46, establishing a permit fee for an adult use permit. ATTACHMENTS Ordinance 97-1 Ordinance 97-9 Resolution 97-46 Resolution 97-47 Negative Declaration Initial Study (Available for review in City Clerk's file) Adult Business Map (Available for review in City Clerk's file) Planning Commission Minutes (Available for review in City Clerk's file) Map of Potential Adult Business Sites (Available for review in City Clerk's file) Public Notices (Available for review in City Clerk's file) J WH:l ep/munciMmdl t jwh CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING REGARDING THE CITY OF SANTA CLARITA AMENDING THE SANTA CLARITA UNIFIED DEVELOPMENT CODE AND SANTA CLARITA MUNICIPAL CODE IN REGARD TO THE REGULATIONS PERTAINING TO ADULT BUSINESSES AND ADOPTING THE NEGATIVE DECLARATION FOR THESE AMENDMENTS. PUBLIC NOTICE IS HEREBY GIVEN - A Public Hearing will be held before the City Council of the City of Santa Clarita regarding an amendment to the Santa Clarita Unified Development Code and Santa Clarita Municipal Code in regard to the regulations pertaining to adult businesses, associated fees, and adopting the negative declaration for these amendments. The Project location is citywide. Master Case 96-217, UDC Amendment 96-002. The hearing will be held by the City Council of the City of Santa Clarita in the City Hall Council Chambers, 23920 Valencia Blvd., 1st Floor, Santa Clarita, the 27th day of May, 1997, at or after 6:30 p.m. Proponents, opponents, and any interested persons may appear and be heard on this matter during the public hearing. Further information may be obtained by contacting the City Clerks office at (805) 255-4391, Santa Clarita City Hall, 23920 Valencia Boulevard, Suite 301, Santa Clarita, California. If you wish to challenge the action taken on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Clarita at, or prior to, the public hearing. Sharon L. Dawson, CMC City. Clerk Dated: Apri13, 1997 Publish Date: May 1, 1997 c=ent%hnad1Lurg CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING REGARDING THE CITY OF SANTA CLARITA, AMENDING THE SANTA CLARITA MUNICIPAL CODE, BY ADOPTING REGULATIONS PERTAINING TO TATTOO PARLORS AND PAWN SHOPS IN THE UNIFIED DEVELOPMENT CODE. PUBLIC NOTICE IS HEREBY GIVEN: A Public Hearing will be held before the City Council of the City of Santa Clarita regarding an amendment to the Santa Clarita Unified Development Code and Santa Clarita Municipal Code in regard to the regulations pertaining to tattoo parlors and pawn shops. The Project location is citywide. Master Case 96-177, UDC Amendment 96-001. The hearing will be held by the City Council of the City of Santa Clarita in the City Hall Council Chambers, 23920 Valencia Blvd., 1st Floor, Santa Clarita, the 27th day of May, 1997, at or after 6:30 p.m. Proponents, opponents, and any interested persons may appear and be heard on this matter during the public hearing. Further information may be obtained by contacting the City Clerks office at (805) 255-4391, Santa Clarita City Hall, 23920 Valencia Boulevard, Suite 301, Santa Clarita, California. If you wish to challenge the action taken on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Clarita at, or prior to, the public hearing. Sharon L. Dawson, CMC City Clerk Dated: April 3, 1997 Publish Date: May 1, 1997 �\h .j -h RESOLUTION NO. 97-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA TO ESTABLISH AN ADULT BUSINESS USE PERMIT FEE WHEREAS, the City of Santa Clarita ( the "City") desires to establish an adult business use permit under the City's Municipal Code and Unified Development Code; and WHEREAS, the City has adopted Ordinance No. 97-01, thereby adopting an Adult Business Ordinance (Chapter 17.17.050 of the Unified Development Code), which establishes an adult business use permit; and WHEREAS, the City wishes to comply with both the letter and the spirit of Article XIIIB of the California Constitution and limit the growth of taxes; and WHEREAS, the City desires to establish a policy of recovering a portion of the costs reasonably borne of providing special services of a voluntary and limited nature; and WHEREAS, pursuant to Government Code Section 66018, the specific fees to be charged for services must be adopted by the City Council by Resolution, after providing notice and holding a public hearing; and WHEREAS, notice of public hearing has been provided per Government Code Section 6062a, oral and written presentations made and received, and the required public hearing held; and WHEREAS, an Adult Business Use Permit fee, to be paid by those requesting such special services, must be adopted so that the City might carry into effect its policies; and WHEREAS, pursuant to California Government Code Section 6062a, a general explanation of the schedule of fees and charges has been published as required; and WHEREAS, all requirements of California Government Section 66018 are hereby found to have been complied with; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA does resolve, determine, and order as follows: SECTION 1. Upon submitting an application to the Department of Community Development, an adult business use permit fee of $675.00 shall be required. SECTION 2. All fees under this resolution shall become effective upon adoption of the Adult Business Ordinance No. 97-01. SECTION 3. The City Clerk shall certify to the adoption of this resolution and certify this record to be a full, true, and correct copy of the action taken. PASSED, APPROVED AND ADOPTED this day of 19_. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the _ day of , 19_ by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK JWH:lep council\RESFEEADdWH RESOLUTION NO. 97-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING THE NEGATIVE DECLARATION PREPARED FOR THE ADULT BUSINESS ORDINANCE NO. 97-01 WHEREAS, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby find, determine and declare: A. That an Initial Study has been prepared for the project and that said study found that no adverse impact, either individually or cumulatively, on wildlife as the same defined in Section 711.2 of the Fish and Game Code. B. That a proposed Negative Declaration was posted and advertised in accordance with the California Environmental Quality Act (CEQA); and C. Based upon the testimony and other evidence received, the Council further finds and determines that the proposed Negative Declaration is consistent with the goals and policies of the adopted General Plan, and that the Negative Declaration complies with all other applicable requirements of State lawandlocal guidelines. D. Based upon foregoing facts and findings, the City Council hereby determines that a Negative Declaration is in compliance with CEQfA and that the proposed project will not have a significant effect on the environment. E. That the meeting of October 22,1996 the City Council directed staff to prepare a permanent Adult Business Ordinance for the City of Santa Clarita. SECTION 2. The Negative Declaration for the project is hereby approved and the Director of Community Development is hereby directed to file the Notice of Determination with the County Clerk of the County of Los Angeles. PASSED, APPROVED AND ADOPTED this day of 19 MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of 19_ by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK c..61V.0747jwh ORDINANCE NO. 97-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA PROVIDING REGULATIONS FOR ADULT USES ADDING SECTION 17.17.050, "ADULT BUSINESS REGULATIONS," TO THE SANTA CLARITA UNIFIED DEVELOPMENT CODE AND AMENDING THE SANTA CLARITA MUNICIPAL CODE TO ADD CHAPTER 11.70 (ADULT BUSINESS LICENSE) OF TITLE 11 (PUBLIC PEACE AND WELFARE) THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS FOLLOWS: WHEREAS, it is the purpose and intent of this Ordinance to provide for the reasonable and uniform regulation of adult businesses in the City of Santa Clarita. It is recognized that adult businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located. It is therefore the conduct of adult businesses which will protect the public health, safety, and welfare, preserve locally recognized values of community appearance, minimize the potential for nuisances related to the operation of adult businesses, and maintain local property values; and WHEREAS, it is the purpose and intent of this Ordinance to establish proper regulations and to provide for a reasonable number of appropriately located sites for adult businesses within the City of Santa Clarita, based upon the following findings: (a) The following studies that substantiate the adverse, secondary effects of adult businesses were reviewed by the City of Santa Clarita: Los Angeles, California: 1977 Phoenix, Arizona: 1979 Indianapolis, Indiana: 1984 Austin, Texas: 1986 St. Paul, Minnesota: 1989 Garden Grove, California: 1991 Upland, California: 1992 Santa Maria, California: 1993 (b) Based on the foregoing studies and the other evidence presented, the City Council of the City of Santa Clarita finds that: (1) Adult businesses are linked to increases in the crime rates of those areas in which they are located and that surround them; and, (2) Both the proximity of adult businesses to sensitive land uses and the concentration of adult businesses tend to result in the blighting and downgrading of the areas in which they are located. (c) The studies conducted in various communities in other jurisdictions have demonstrated that the proximity and concentration of adult businesses adjacent to residential zones and areas, schools, parks and recreational uses, religious uses, etc., or other adult businesses can cause other businesses and residents to move elsewhere. (d) The studies conducted in various communities in other jurisdictions have demonstrated that adult businesses are linked to increases in the crime rates and blighting of those areas in which they are located and that surround them. (e) The special regulation of adult businesses is necessary to ensure that their adverse secondary effects will not contribute to an increase in the crime rates or the . blighting or downgrading of the areas in which they are located or surrounding areas. The need for special regulation is based on the recognition that adult businesses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in proximity with sensitive uses such as residential zones and areas, schools, parks and recreational uses, religious uses, etc., thereby having a deleterious effect upon the adjacent areas. (f) It is the purpose and intent of these special regulations to prevent the concentration or location of adult businesses in a manner that would create such adverse secondary effects. Thus, in order to protect and preserve the public health, safety, and welfare of the citizenry, especially including minors, the special regulation of the time, place, and manner of the location and operation of adult businesses is necessary. (g) The protection and preservation of the public health, safety, and welfare require that certain distances be maintained between adult businesses and residential zones and areas, schools, parks, and recreational uses, religious uses, etc., and other. adult businesses. (h) The need to regulate the proximity of adult businesses to sensitive land uses such as residential zones and areas, schools, parks and recreational uses, religious uses, etc., and other adult businesses is documented in studies conducted by other jurisdictions as listed elsewhere in this Section. (i) The report of the State of Minnesota Attorney General's Working Group on the Regulation of Adult Businesses dated June 6, 1986, indicates that: (1) Community impacts of adult businesses are primarily a function of two variables, proximity to residential areas and concentration. Property values are directly affected within a small radius, typically one block, of the location of a sexually oriented business. Concentration may compound depression of property values and may lead to an increase of crime sufficient to change the quality of life and perceived desirability of property in a neighborhood; and, (2) The impacts of adult businesses are exacerbated when they are located near each other. When adult businesses have multiple uses (i.e. theater, bookstore, nude dancing, peep booth), one building can have the impact of several separate businesses. 0) In consideration of the findings of the report of the State of Minnesota Attorney 2 General's Working Group on the Regulation of Adult Businesses dated June 6, 1986, it is appropriate to prohibit the concentration of multiple adult businesses within one building in order to mitigate the compounded adverse secondary effects associated with such concentrations as described above. (k) 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 sexually -oriented materials, that are protected by the First Amendment of the United States Constitution and the relevant provisions of the California State Constitution; and WHEREAS, the City Council fords that this Ordinance, in addition to the general police power authority of cities to enact measures to promote the health, safety, peace, and welfare of its residents, is adopted in accordance with Government Code Section 65850(8). The City Council finds that the authority to adopt this Ordinance pursuant to Government Code Section 65850(g) is independent of the City's police powers to regulate adult businesses and that the City Council would have adopted this Ordinance, and each Section, paragraph, subsection, sentence, or phrase or part thereof, irrespective of any express authority provided by Government Code Section 65850(g); and WHEREAS, the City of Santa Clarita (the "City") adopted, by reference, the Los Angeles County (the "County") Title 5 Business Licenses Code and desires to enter into an agreement subsequent to the General Services Agreement with the County for the purpose of having the County administer a City of Santa Clarita Adult Business License; and WHEREAS, based upon the testimony and other evidence, if any, received, at the public hearing, and upon studies and investigations made by the Planning Commission and the City Council on their behalf, the City Council further finds and determines that this Ordinance is consistent with the General Plan and complies with all other applicable requirements of State law and local ordinance. The City Council finds that this Ordinance will serve to implement the goals and policies of the City of Santa Clarita General Plan. Specifically, the General Plan seeks to ensure that new development is sensitive to surrounding residential uses and that development occurs in a way that supports a well-balanced, functional mix of uses. The Adult Business Ordinance accomplishes. these objectives through the inclusion of distance requirements between a proposed adult use and a sensitive land use such as a school, church, or park. The Adult Business Ordinance restricts the location of adult businesses to designated commercial and industrial areas of the City in order to preserve the quality of residential neighborhoods. The General Plan also promotes a diversified local economic base consisting of a balanced mix of manufacturing, commercial, retail, cultural, and entertainment uses in order to broaden and stabilize the City's economic base. The Adult Business Ordinance requires a separation between one or more adult uses in order to preserve the integrity of commercial and industrial areas within the City. The proposed Adult Business Ordinance creates a special use permit and specific licensing procedures for Adult Businesses; and. WHEREAS, the Planning Commission and City Council in recommending the adoption of and adopting the Negative Declaration of Environmental Impact under the provisions of the California Environmental Quality Act, specifically finds that the adoption of this Ordinance will have a deminimis impact on fish and wildlife resources. The Planning Commission and City Council specifically find that in considering the record as a whole, the project and including the adoption of this Ordinance involves no potential adverse effect, either individually or cumulatively, on wildlife as the. same is defined in Section 711.2 of the Fish and Game Code. This is based on the fact that this Ordinance adds additional regulations on the development of adult businesses designed to reduce the secondary effects of such businesses on the community and the environment. Furthermore, the Planning Commission and City Council find that an initial study has been prepared by the City staff, considered by the Planning Commission, and the City Council, which has been the basis to evaluate the potential for adverse impact on the environment and forms the basis for the Planning Commission's and City Council's determination, including the information contained in the public hearing records, on which a Negative Declaration of Environmental Impact was issued and this deminimis finding is made. In addition, the Planning Commission and City Council find that there is no evidence before the City that the proposed project, i.e., this Ordinance, will have any potential for an adverse effect on wildlife resources, or the habitat on which the wildlife depends. Finally, the Planning Commission and City Council find that the City has, on the basis of substantial evidence, rebutted the -presumption of adverse effect contained in 14 California -Code of Regulations 735.5(d) NOW, TBEREFORE, the City Council of the City of Santa Clarita does ordain as follows: SECTION 1. Paragraph (2) entitled "Adult Businesses" contained in Chapter 17.13.050 (General Commercial Uses) of the Santa Clarita Unified Development Code is hereby amended to read as follow: S� 132 IC 2. Adult Businesses P' P' P` 'Subject to the Adult Business Ordinance in Chapter 17.17.050. SECTION 2. (Definitions) Chapter 17.07 of the Santa Clarita Unified Development Code is hereby amended to add the following definitions: ADULT MOTEL means a hotel, motel, or similar commercial establishment which: - 1. Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions or other medium, films, motion pictures, video cassettes, slides, or other photographic reproduction which are characterized or distinguished by the depiction or description of `specified sexual activities' or `specified anatomical areas' and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproduction; or, 2. Offers or advertises a sleeping room for rent for a period of time that is less than ten (10) hours in a twenty -four (24) hour period; or, 3. Allows a tenant or occupant of a sleeping room to sub -rent the room for a period of time that is less. than ten (10) hours in a twenty-four (24) hour 11 period. ADULT TANNING SAL ON shall mean a business establishment where patrons receive tanning services in groups of two (2) or more and where patron, employees, or independent contractors thereof of the establishment expose specified anatomical areas. `Adult Tanning Salon' or `Parlor' shall also include a business establishment where a patron and an employee or independent contractor thereof of the establishment are nude or expose `specified anatomical areas.' An `adult tanning salon' or `parlor' shall also include a business establishment where the employees or independent contractors thereof are nude or expose `specified anatomical areas.' ADULTNOVELTYSTORF is an establishment having; as a substantial portion of its stock -in -trade, a majority of its floor area, or a majority of its revenue derived from goods which are replicas of, or which simulate, `specified anatomical areas,' or `specified sexual activities,' or goods which are designed to be placed on or in `specified anatomical areas,' or to be used in conjunction with 'specified sexual activities,' to cause sexual excitement, including, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, pitlickers, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas. ESCOR shall mean a person who, for any form of consideration or gratuity, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. ESCORT AGENCY shall mean a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. EMPLOYEE shall mean a person who works or performs in and/or for an adult business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business and regardless of technical status as employee or independent contractor. FIGURE MODELING STUDO 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. INDIVIDUAL VIEWING ARE shall mean a viewing area designed for occupancy by one person. No private viewing areas .shall be established, maintained, or authorized, and there shall be no doors, curtains, stalls, or other enclosures creating a private viewing area. JUICE BAR is an establishment that features nude entertainment but serves no alcoholic beverages. E PARLOR shall mean any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with "Specified Sexual Activities", or where any person providing such treatment, manipulation, or service related thereto, exposes "Specified Anatomical Areas". The definition of "Adult Business" regarding the "practice of massage" does not apply to any licensed physician, surgeon, chiropractor or osteopath office, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program. NUDE OR STATE OF NUDITY shall mean the appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast. OPERATOR shall mean and include the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises. PERMITTED OR LICENSED PREMISE shall mean any premises that requires a licence and/or permit and that is classified as an adult business. PRIVATE VIEWIN r REA means an area or areas in an adult business designed to accommodate no more than five (5) patrons or customers for purposes of viewing or watching a performance, picture, show, film, videotape, slide, movie, or other presentation. No private viewing areas shall be established, maintained, or authorized, and there shall be no doors, curtains, stalls, or other -enclosures creating.a private viewing area. PUBLICBUILDINT shall mean any building owned, leased or held by the United States, the state, the county, the City, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes. PUBLIC P RK or RECREATION AREA shall mean public land which has been designated for park, recreational, or art activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the City which is under the control, operation, or management of the City Department of Parks, Recreation, or Homeowner's Association. RELIGIOUS INMTIJTION shall mean any church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities. RESIDENTIAL ON or RESIDENTIAL USE shall mean property which is zoned or approved for or used as a residential use and/or a single family house, duplex, townhouse, multiple family dwelling(s), or mobile home park or subdivision, and campground, recreational trailer park, or travel trailer park. 0 shall mean: 1. Devoting more than 15 percent of total display area to the display of sex - oriented merchandise or sex -oriented material; or 2. Presenting any type of live entertainment characterized by an emphasis on specified sexual activities or specified anatomical areas, or performers, models or employees appearing in public in lingerie on any ten or more separate or consecutive days within any thirty day period; or 3. Deriving at least fifty percent (50%) of gross receipts from the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. SEMI-NUDE MODELDIO shall mean any place where a person, who appears semi-nude or displays "Specified Anatomical Areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. SFX -ORIENTED MATERAT. shall mean any sex -oriented merchandise, or any book, periodical magazine, photograph, drawing, sculpture, motion picture film, video tape recording, or other visual representation which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. SEX -ORIENTED M .R ANDI . shall mean but not limited to dildos, auto sucks, sexually oriented vibrators, edible underwear, pitlickers, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas. SHERIFF shall mean the Sheriff of the County of Los Angeles, or the Sheriffs designated representative. S HOO , shall mean any public or private educational facility including but not limited to child day care facilities, nursery schools, youth instructional schools, pre-schools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school. SEMI-NUDE shall mean a stage of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices. SPECIFIED CREVHNAL ACTS shall mean acts which are sexual crimes against children, sexual abuse, rape or crimes connected with another adult business including but not limited to distribution of obscenity or material harmful to minors, prostitution or pandering. 7 SUBSTANTIAL ENLARGEMENT OF AN ADULT BINESS shall mean an increase in the floor areas occupied by the business by more than 15% as the floor areas exist on effective date of this ordinance. mean ..d include any of the following: 1. The sale, lease or sublease of the business; or 2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or 3. The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. WAITER OR WAITRESS is a man or woman who waits on tables. SECTION 3. DIVISION 2 (ZONING) of the Santa Clarita Unified.Development Code is hereby amended to add Chapter 17.17.050 to read as follows: 1 1 • It is the purpose and intent of this Section (17.17.050) to regulate adult businesses in order to promote the health, safety, morals, and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of adult businesses within the City, thereby reducing or eliminating the adverse secondary effects from such adult businesses. The provisions of the Section (17.17.050) have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this Section (17.17.050) to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of the Section (17.17.050) to condone or legitimize the distribution of obscene material or material harmful to minors. A. Adult businesses shall only be permitted to be operate in the Community Commercial (CC) zone, Industrial Commercial (IC) zone, or Business Park (BP) zone, and shall be subject to all the regulations and provisions in this Code. The provisions of adult businesses shall be applied to the following: 1. Adult Motion Picture Arcade 8. Adult Motion Picture Theater 2. Adult Bookstore 9. Massage Parlor 3. Adult Novelty Store 10. Sexual Encounter Establishment 4. Figure Modeling Studio 11. Escort Agency 5. Adult Cabaret 12. Semi -Nude Model Studio 6. Adult Motel 13. Juice Bar 7. Adult Tanning Salon A. Any adult business lawfully operating before the effective date of this ordinance or lawfully operating before annexation in the City of Santa Clarita that is in violation of this Code shall be deemed a pre-existing legal use. Apre-existing legal use shall be permitted to continue to operate provided that the pre-existing legal uses does not change in ownership, size, or is altered or modified in any way. Any pre-existing legal adult business that changes in ownership, size, or is altered or modified in any way shall be subject to all the provisions of this Code. In addition, any pre-existing legal adult business that ceases operation for a period of thirty (30) days or more shall be subject to all the provisions of this Code. B. An adult business lawfully operating as a conforming use is not rendered a non- conforming use by the location, subsequent to the grant or renewal of an Adult Business Use Permit and/or an Adult Business License, of a church, school, public park, public building, residential zone, or residential lot within 1000 feet of the adult business. This provision applies only to the renewal of a valid permit and license and does not apply when an application for a permit and license is submitted after a permit and license has expired or has been revoked. • •►:_:►• • zL W AU I DOW A. No person shall cause or permit the operation of any adult business within 1000 feet of another adult business, within 1000 feet of any religious institution, school, public park, public building, or within 1000 feet of any property zoned or approved for residential use or used for residential purposes. B. Distance between any two adult businesses shall be measured in a straight line, without regard to intervening structures, from the nearest property line to the nearest property line of each business. The distance between any adult business and any religious institution, school, public park, public building, or any properties zoned for residential use or used for residential purposes shall also be measured in a straight line, without regard to intervening structures or objects from.the nearest property line of the premises where the adult business is conducted, to the nearest property line of the premises of a religious institution, school, or public park or public building or the nearest boundary of an affected residential zone or residential lot. A. In order to operate an adult business within the City, the applicant or proprietor of the business must obtain the Adult Business License required by Section (17.17.050) and an Adult Business Use Permit as required herein. It shall be unlawful and a misdemeanor, subject to punishment in accordance with Section M (17.17.050) of this Code, for an owner, operator, manager, employee, or independent contractor to operate an adult business without possessing an Adult Business Use Permit required by this Code. In order for the application to be deemed or determined complete, the applicant shall pay the filing fee for an Adult Business Use Permit. All applicants for such a permit, in addition to any application or documents required to be filed pursuant to the provisions of this Section (17.17.050), shall file a written, signed, and verified application on a form provided by the Department of Community Development. The completed application shall contain the following information and shall be accompanied by the following documents: 1. If the applicant is: a. An individual, the individual shall state his/her legal name and any aliases and submit satisfactory proof that he/she is eighteen (18) years of age. b. A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any. C. A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers, directors and principal stockholders and the name of the registered corporate agent and the address of the registered office for service of process. 2. The applicant's mailing addresses and residential address. 3. Location and address including legal description of the proposed adult business. 4. A recent photograph of the applicant(s). 5. The applicant's driver's license number, Social Security Number, and or his/herstate or federally issued tax identification number. 6. Ten legible blueline (folded to approximately 8" x 12') copies (using an engineer's scale of 1"-20') of the floor plan showing the configuration of the premises, including a statement of total floor space occupied by the business. Twenty straight-line, legible blueline (folded to approximately 8" x 12') copies of the site plan prepared within thirty (30) days prior to application by a California registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by Section (17.17.050) of this Code within one thousand (1000) feet of the property to be certified; the property lines of any established religious institution, school, or public park or recreation area within one thousand 10 (1000) feet of the property to be certified; and the property lines of any residentially zoned area or residential property within one thousand (1000) feet of the property to be certified. For purposes of this subsection, a use shall be considered existing or established if it is in existence at the time an application is submitted. 8. Two copies of each of the following: a. Land Use map (1000' radius) (1) Draw at a scale of 1 inch to 100 feet; (2) Indicate the applicant's property (with dimension); all surrounding property within the radius (measured from the exterior boundaries of the subject property); all streets, highways, alley, rights-of-way, current lot lines; and all tract lot and house numbers; (3) Indicate existing uses (house, apartment, store, vacant, etc.) on all lots, parcels and portions thereof within the radius; and (4) Distinguish the applicant's property from surrounding property. b. Property ownership map (1000' radius) (1) Draw at a scale of 1 inch to 200 feet; (2) Indicate the applicant's property (with dimension); all surrounding property within the radius (measured from the exterior boundaries of the subject property); all streets, highways, alley, rights-of-way, current lot lines; and all tract lot and house numbers; (3) Indicate ownership of property within the radius (number lots to correspond to the property owners list described below); and (4) Distinguish the applicant's property from surrounding property. C. Property proximity map (8 1/2 x. 11) indicating surrounding property within a radius of 300 feet and 2500 feet from the exterior boundaries of the subject property. 9. Prepare a complete list of names and mailing addresses of the current owners of each parcel or lot within, or partially within, a 1000' radius of the subject property. This information must be as it appears on the latest available assessment roll of the L.A. County Assessor, and shall be 11 certified as true and correct. Each name shall be assigned a number on the list indicating corresponding numbers on the parcels or lots on the "Ownership Map." In addition a "Certified Property Owners List Affidavit" shall be submitted to verify completeness and accuracy of the names and addresses. An inaccurate or incomplete list shall constitute cause for removal of the case from the agenda or necessitate a rehearing of the case after proper noticing of affected property owners. 10. One complete set of mailing labels for all of the property owners within a 1000' radius of the exterior boundaries of the subject property, including the following: (a) Name and address of the property owner(s). (b) Name and address of the manager of any mobilehome park, or portion thereof, within a 1000' radius of the property. Such label shall include the letters "MHP" apart from the address so that such notices contain a request to post the notice in a public area or within the park; and (c) One set of blank envelopes, with the correct amount of postage on each envelope, sufficient to complete one mailing of notices. Notices will be mailed by the Department of Community Development. 11. A detailed description of the manner of providing proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment. 12. Proposed hours of operation. 13. The name or names of the person or persons having responsibility for the management or supervision of the applicant's business and of any entertainment. 14. Whether the applicant or any other individual listed pursuant to this Section (17.17.050) holds any other permits and/or licenses under or other similar adult business ordinance from another city or county and, if so, the names and locations of such other permitted businesses. 15. Whether the applicant or any of the other individuals listed pursuant to this Section (17.17.050) has had a previous permit under this Ordinance or other similar ordinances from another city or county denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individuals listed pursuant to this Section has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is permitted under this Section (17.17.050) whose permit has previously been denied, suspended or revoked, including the name and 12 location of the adult business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation. 16. Whether the applicant or any of the other individuals listed on the application has within the last five (5) years, immediately preceding the date of the application, has been convicted of a specified criminal act or tax violation, and, if so, the specified criminal act or tax violation involved, the date of conviction and the place of conviction. 17. The applicant shall be required to pay a nonrefundable application fee as specified in the schedule of fees at the time of filing an application under this Section (17.17.050). 18. One official set of the applicant(s) fingerprints (obtained from Los Angeles County Sheriffs Office). The Department of Community Development shall submittsend the fingerprints to the State Department of Justice for a Criminal History Background. Check within 72 hours of receiving the fingerprints from the applicant(s). The application shall not be deemed complete until the City has received fingerprints from the applicant. If the City does not receive the background check from the Justice Department within 60 days, this requirement will be waived, but does not exempt the applicant from subsequent revocation or suspension if all requirements are not met. 19. The applicant shall be required to display an on-site sign containing information about the proposed project and the public hearing. Design requirements can be obtained in the Community Development Department. The on-site sign must be posted 21 days prior to the public hearing. B. Applicants for a permit under this Section shall have a continuing duty to promptly supplement application information required by this Section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty (30) days from the date of such change, by supplementing the application on file with the Director of Community Development shall be grounds for suspension of a permit. C. In the event that the Director of Community Development determines or learns at any time that the applicant has improperly completed the application for a proposed adult business, they shall notify the applicant of such fact within 30 days and allow the applicant ten (10) days to properly complete the application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.) D. Prior to, obtaining any permit to operate any adult business defined in this Section (17.17.050), and as part of any application for a permit under this Section, the applicant shall obtain from the Community Development Office a 13 written letter signed by the Director of Community of Development that the proposed location of such business complies with the locational requirements of this Section (17.17.050). E. By applying for a permit under this Section (17.17.050), the applicant shall be deemed to have consented to the provisions of this Section (17.17.050) of the Unified Development Code, and to the Los Angeles County Sheriffs Office and all other City agencies charged with enforcing the laws, ordinances, and code applicable in the City of their respective responsibilities. F. The applicant(s) shall receive a dated, signed and written letter from the Director of Community Development when the application is deemed complete. 6. TIMELINE FOR LAND USE REVIEW AND DECISIONS CONCERNING ADULT BUSINESS USE PERMIT A. The Planning Commission shall approve or disapprove the completed Adult Business Use Permit application within sixty (60) days of its acceptance as complete by the Director of Community Development, unless extended upon the written consent of the Community Development Director and the applicant. B. Within sixty (60) days of receipt of the completed application by the Director of Community Development, the Planning Commission shall conduct a noticed hearing on the application for an Adult Business Use Permit and shall approve the application if the application meets the requirements of this Code and shall deny the application if any of the findings set forth. in this Code cannot be fulfilled. The Planning Commission shall issue its decision during the public hearing. If the Planning Commission fails to approve or deny the application within the sixty (60) days, or any extension thereof, of the receipt of the completed application, the application shall be deemed approved by the Planning Commission entitling the applicant to engage in the proposed use, subject to the remaining provisions of this Code. C. In the event the information requested pursuant to the Unified Development Code is not available prior to the granting of the permit, the Planning Commission shall, if the application otherwise meets the requirements of this Code, issue the permit. Should information later obtained pursuant to this Code materially vary from that contained in the application, such variance shall be cause to revoke the permit. Any permit issued prior to the City receiving the information required shall state clearly on its face that the Adult Business Use Permit is subject to suspension or revocation pursuant to the provisions of this Code and all other applicable laws and ordinances, including revocation and suspension provisions hereof. "' • A. The Planning Commission, or City Council on appeal, shall approve the application for an Adult Business Use Permit unless it is unable to make one or more of the following findings: IM (1) That all applicable fees have been paid. (2) That the applicant or the applicant's spouse is not. overdue in payment to the City of any fees, fines, or penalties assessed against or imposed in relation to an existing or former adult business. (3) That the building, structure, equipment, and location used by the business for which an Adult Business Use Permit is required complies with the- requirements and standards of the health, building, zoning, fire, and safety laws of the State of California, the Los Angeles County Fire Department, and the City of Santa Clarita. (4) That the conduct of the adult business as proposed by the applicant, if permitted, will comply with all applicable laws; including but not limited to, the City's building, zoning, fire, and health and safety regulations. (5) That the applicant is eighteen (18) years of age or older. (6) That the use is permitted in the zone, district, or area in which it is proposed to be located and is in conformity with the applicable development standards of that zone, district, or area --including the provision of required parking. (7) That the use is in conformity with the locational criteria set forth in this Code. (8) That the design of the site and the proposed improvements are in compliance with all applicable design provisions of this Code. (9) That the proposed conduct of the adult business is in compliance with all applicable performance standards of this Code. (10) That the applicant, partnership, or corporation has not knowingly made any false, misleading, or fraudulent statement of material fact in the application for an Adult Business Use Permit, or in any report or record required to be filed with the City or County. (11) That on the date that the business for which a permit is required herein commences, or thereafter, there will be a responsible person on the premises to act as manager at all times during which the adult business is open. (12) That an applicant has not been convicted of a `Specific Criminal Act' for which: (a) Less than two (2) years -have elapsed since the date of conviction or the date of release from confinement, which IM ever is the later date, if the conviction is of a misdemeanor offense for the `Specific Criminal Acts' which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering. (b) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, which ever is the later date, if the conviction is of a felony offense; for the `Specified Criminal Acts' which are sexual crimes againstchildren; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering. (c) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, which ever is the later date, if the convictions are of two (2) or more misdemeanors for the `Specified Criminal Acts' which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering; conviction of any such offense occurring within twenty-four (24) months prior to application. (d) The fact that a conviction is being appealed shall have no effect on disqualification of the applicant. (e) An applicant who has been convicted of any of the above described `Specified Criminal Acts' may qualify to own, operate, or manage an adult business only when the required time period has elapsed. B. In the event the Planning Commission, or the City Council on appeal, denies an Adult Business Use Permit application, the business, if operating, shall cease its operations as an Adult Business Use Permit and no further activities regulated by this Code shall be conducted on the premises unless and until an Adult Business Use Permit and a required Adult Business License is obtained. IMMEWTO TMTKIN47M 0 • I DEG) MWITUMers A. If an Adult Business Use Permit is denied, by the Planning Commission, the applicant shall have fifteen (15) days from the date of the hearing in which to appeal the decision to the City Council. An appeal shall be requested by a typed letter and required appeal fee to the Community Development Department. If appealed, notice of the hearing before the City Council shall be mailed (envelopes, 16 stamps, mailing labels of all property owners within a 1000' foot radius of the subject property shall be supplied by the applicant) and published in the City's official newspaper and the hearing shall be held at the earliest possible date authorized by law, but in no event later than sixty (60) days from the date of the Planning Commission's action to deny the application. The City Council shall act on the appeal during the City Council public hearing. If the City Council does not act on the appeal within the sixty (60) days, the application shall be deemed approved and the applicant shall be entitled to engage in the proposed use subject to the remaining provisions of the Unified Development Code and all other applicable laws and City ordinances or regulations. A. The establishment of an adult business shall comply with the applicable site development standards of the Unified Development Code including the following: (1) The building entrance shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises. (2) A manager shall be on -duty at all times during operating hours. (3) No exterior doors or windows on the premises shall be open at any time and any exterior windows shall be covered with opaque covering. (4) If the adult business is the sole use on the lot no landscaping shall exceed thirty inches in height, except trees with foliage not less than six (6) feet above the ground. (5) The exterior grounds, including the parking lot, shall be sufficiently lighted to the satisfaction of the Director of Community Development during all hours of operation to allow all areas to be visible at all times. In addition all exterior lighting shall remain on for at least thirty (30) minutes after the closing time of the adult business to promote safety for employees thereof. All exterior grounds shall be maintained in a clean and orderly manner free of trash, debris, and weeds. (6) No advertising sign, billboard, or structure, advertisement, display, or other promotional material depicting `specified anatomical areas' or `specified sexual activities' or displaying instruments, devices, or paraphernalia designed for use in connection with 'specific sexual activities,' shall be shown or exhibited so as to be visible from any exterior area. (7) No special events, promotions, concerts, or similar activities which are likely to increase parking demand shall be permitted. (8) All areas of the adult business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level: 17 0 Adult Bookstores Adult Theaters and cabarets Adult Arcades Adult Motels/Hotels Modeling studios Other adult businesses W I, ORITs� 20 5 (except during performances, at which times lighting shall be at least 1.25 foot-candles) 10 20 (in public areas) CI 20 (9) The Adult Business Use Permit and Adult Business License required by the ordinance shall be posted at the front interior entrance and shall be kept valid/current at all times. (10) The proposed site is adequate in size and shape to accommodate the required yards, fences, -walls, parking and loading facilities, landscaping, and other development features prescribed within the Unified Development Code. (11) No partitions .between subdivisions of a room, portion, or part of a building, structure, or premises, including restrooms may have an aperture, hole, slit, or other opening or gap which is designed or otherwise constructed to encourage, permit, or allow sexual activity between persons on either side of the partition. (12) The maximum occupancy load, fire exits, fire lanes, and fire suppression equipment shall be regulated, designed, and provided in accordance with the regulations and standards of the Los Angeles County Fire Department and the City's Building Department. (13) Any adult business in which live entertainment is performed shall have such performances only conducted on a stage or on a platform that is raised eighteen inches (18") and which has a rail which does not allow patrons to be any closer to the performers than six feet (6'). Said rail shall be at least forty-two inches (42") in height and shall be installed around the perimeter of the stage or platform. (14) Any viewing room shall be directly visible from the manager's station of the adult business, and visibility of the entire viewing room from the manager's station shall be neither obscured nor obstructed by any curtain, door, wall, or other structure. (15) No adult business, excepting an adult motel, shall operate between the IV hours of 11:00 p.m. and 10:00 a.m.. No owner, operator, manager, employee, or independent contractor of an adult business, except an adult motel, regardless of whether or not a permit has been issued for said business under the provisions of this Code, shall allow such business to remain open for business, or no owner, operator, manager, or employee of an adult business shall permit any employee or independent contractor to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of 11:00 p.m. and 10:00 a.m.. (16) Off-street parking shall be provided for the adult business on-site and as specified in the Unified Development Code and as follows: (a) Adult Theater. Adult Cabaret Adult Motion Theater. or Adult Arcade. One parking space shall be provided for every two (2) seats in a viewing room, or one parking space shall be provided for every two (2) occupants per the allowable occupant load as established by the City's Building Official and/or Fire Marshal, which ever standard is greater. In addition, one parking space shall be provided for each employee or independent contractor on the maximum shift (17) Any person who operates or causes to be operated an adult business, other than an adult motel, which exhibits on the premises in a private viewing area or individual viewing area of less than one -hundred -fifty square feet (150 sq. ft.) of floor space, a film, video cassette, or other video reproduction which depicts `specified sexual activities' or `specified anatomical areas,' shall comply with the following requirements: (a) Upon application for an Adult Business Use Permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons shall not be permitted. A manager's station(s) shall not exceed thirty- two feet (32 sq. ft.) of floor area. (b) No alteration in the configuration or location of a manager's station shall be made without the prior written approval of the Director of Community Development. (c) It is the duty of the permit holder to ensure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the premises. (d) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms shall not contain video reproduction and/or monitoring equipment. If the premises 19 has two (2) or more manager's stations designed, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection shall be by direct line of sight from the manager's station. (e) It shall be the duty of the permit holder and any employees or independent contractors present on the premises to insure that the view area specified in subsection- (D) above remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times and to insure that no patron is permitted access to any area of the premises which has been designed as an area in which patrons shall not be permitted in the application filed pursuant to this Chapter. (18) For adult businesses which exceed an occupant load of one - hundred twenty five (125) persons or 5,000 square feet, the provision of on-site security personnel shall be required during all business hours pursuant to a plan to be reviewed and approved for adequacy by the Planning Commission and designated head of the law enforcement entity providing law enforcement services to the City. Security personnel shall be licensed in accordance with the California Business and Professions Code, to the satisfaction of the designated head of the entity providing law enforcement services to the City. :.. as4 (a) A manager's station shall be located near the main entrance and the station shall be provided with an unobstructed view of all motion picture or arcade viewing areas. (b) No adult motion picture theater or adult arcade shall be maintained or operated unless the complete interior of the adult motion picture theater or adult arcade is visible upon entrance to such premises. No partially or fully enclosed booths shall be maintained. (c) Maximum Number of Devices. No person shall operate an adult motion picture theater or adult arcade in which the number of image producing devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room of a room in which an image producing device is located. :e. o Jug - (a) Evidence that a. sleeping room in a hotel, motel, or a 20 similar commercial establishment has been rented or sub - rented and vacated two (2) or more times in a period of time that is less than ten (10) hours within a twenty-four (24) hour period on a recurring basis creates a rebuttable presumption that the establishment is an adult hotel/motel as that term is defined in this Section (17.17.050). (b) A person is in violation of the provision of this Code if such person rents or sub -rents a sleeping room at a location without an Adult Business License and an Adult Business Use Permit to a person or persons and within ten (10) hours thereafter rents or sub -rents the same room to another person(s), or sub -rents the same room to the prior renter. (21) No loud speaker or sound equipment audible to persons in any public exterior area shall be used in connection with an adult business, and the business shall be so conducted that sounds associated with the business are not emitted into any public area. All adult businesses shall be subject to providing sufficient sound - absorbing insulation if required by the Director of Community Development, or Planning Commission, or City Council. (22) No person shall display in any public newsrack, vending machine, or other display device any material which is defined by California Penal Code 313 as harmful to minors, including but not limited to material displaying to the public view photographs or pictorial representations of the commission of any of the following acts: sodomy, oral copulation, sexual intercourse, masturbation, bestiality or an exposed penis in an erect and turgid state, unless such material is: (a) Displayed in an area from which minors are excluded, or (b) distributed from a machine only accessible through tokens that may be obtained after reasonable measures to ascertain that the person is 18 years or older. (23) No person shall operate more than one adult business under a single roof. - (24) I.D. will be checked for appropriate age (18 years or older) before any customer is allowed in the adult business. (10) COUCH D N IN =/ TRA D • • DANCING AND OTHER SEXUAL AND RELATED ACTIVITIES ARE PROHIBITED For purposes of this Section, `couch dancing' or straddle dancing' shall be defined as an employee or independent contractor of the adult business intentionally touching any patron or coming within six feet (6) of any patron while engaged in the display or exposure of any 21 'specified anatomical area,' or while simulating any'specified sexual activity.' (a) No person shall operate or cause to be operated an adult business, regardless of whether or not a permit has been issued under this Code, knowingly, or with reason to know, permitting, suffering, or allowing any employee or independent contractor (1) To engage in a couch dance or straddle dance with a patron at the business; (2) To contract or otherwise agree with a patron to engage in a couch dance or straddle dance with a person at the business; (3) To intentionally touch any patron at an adult business while engaged in the display or exposure of an 'specified anatomical area' or engaged in or simulating a'specified sexual activity.' (4) To voluntarily be within six (6) feet of any patron while engaged in the display or exposure of any 'specified anatomical area' or engaged in or simulating a'specified sexual activity.' (5) To violate any provision of Section (17.17.050) of this Code. (b) No employee or independent contractor of an adult business, regardless of whether or not a permit has been issued for said business under this Section of the Code, shall: (1) Engage in a couch dance or straddle dance with a patron at the business. (2) Contract or otherwise agree to engage in a couch dance or straddle dance with a patron at the business. (3) Engage in the display or exposure of any'specified anatomical area' or engage in or simulate a'specified sexual activity' while intentionally touching a patron at the adult business. (4) Engage in the display or exposure of any'specified anatomical area' or engage in or simulate a'specified sexual activity' closer than six (6) feet from any patron. (5) Engage in a performance; solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of 11:00 p.m. and 10:00 a.m. (6) Violate any provision of this Section (17.17.050) of this Code. (c) No person at any adult business, regardless of whether or not said business is permitted under this Code, shall intentionally touch an employee or independent contractor who is displaying or exposing any 22 `specified anatomical area' or engaging in or simulating a 'specified sexual activity' at the adult business. (d) No person at any adult business, regardless of whether or not said business is permitted under this Code, shall engage in a couch dance or straddle dance with an employee or independent contractor at the business who is displaying or exposing any'specified anatomical area' or engaging in or simulating a `specified sexual activity.' (f) No waiter(s) or waitress(es) at an adult business, regardless of whether or not a permit has been issued for said business under that Section, shall appear on the premises in the nude, semi-nude, or display or expose 'specified anatomical areas: 11. INSPECTION A. An applicant or permittee shall permit representatives of the Code Enforcement Office, the County Health, and the Fire Department to inspect the premises of an adult business for the purpose of insuring compliance with the law, at any time it is occupied or open for business. 12. SUSPENSION OF PERMIT A. The Director of Community Development shall suspend a permit for a period not to exceed thirty (30) days if he/she determines that a permittee, or an employee of a permittee, has: (1) Violated or is not in compliance with any section of this Code; or (2) Engaged in.the excessive use of alcoholic beverages while on the adult business premises; or (3) Refused to allow an inspection of an adult business premises as authorized by this Code; or (4) Operated the adult business in violation of a building, fire health, or zoning statue, code ordinance or regulation, whether federal, state or local, said determination being based on investigation by the division, department or agency charged with enforcing said rules or laws. In the event of such statute, code, ordinance or regulation violation, the City shall promptly notify the permittee of the violation and shall allow the permittee a seven (7) day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven (7) day period, the City shall forthwith suspend the permit and shall notify the permittee of the suspension; or (5) Operated the adult business in violation of the hours of operation Section (17.17.050); or (6) Allowed minors (under 18 years old) to enter the adult business. 23 B. The suspension shall remain in effect until the violation of the statute, code, ordinance or regulation in question has been corrected. MIMERWITEN w /► 0151 u DID A. The Director of Community Development shall revoke a permit if a cause of suspension in this Code occurs two or more times within a twelve (12) month period. B. The Director of Community Development shall revoke a permit upon determining that: (1) A permittee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant's opportunity for obtain a permit; or (2) A permittee or an employee has knowing allowed possession, use or sale of controlled substances on the premises; or (3) A permittee or an employee has knowingly allowed prostitution on the premises; or (4) A permittee or an employee knowingly operated the adult business during a period of time when the permittee's permit was suspended; or (5) A permittee has been convicted of a "Specified Criminal Act" for which the time period required in this Section (17.17.050) has not elapsed; or (6) On two or more occasions within a twelve (12) month period, a person or persons committed an offense, occurring in or on the permitted premises, constituting a specified. criminal act for which a conviction has been obtained, and the person or persons were employees of the adult business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit; or (7) A permittee is convicted of tax violations related to an Adult Business; or (8) A Permittee or an Employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other Specified Sexual Activities to occur in or on the permitted premises; or (9) Operating more than one Adult Business under a single roof; or (10) A Permittee does not comply with any applicable requirements of this code; or (11) Knowingly permitted gambling by any person on the Adult Business Premises. 24 C. When the Director of Community Development revokes a permit, the revocation shall continue for one (1) year and the Permittee shall not be issued an Adult Business Use Permit for one (1) year from the date revocation became effective. If, subsequent to revocation, the Director of Community Development finds that the basis for revocation under this Code has been corrected, the applicant shall be granted a permit if at least ninety (90) days have elapsed since the date revocation became effective. If the permit was revoked under this Code, an applicant may not be granted another permit until the number of years required under this Code has elapsed. A. The Permittee -shall submit an annual business is in compliance with all Development Department no less than date. compliance letter (stating that adult applicable codes) to the Community 30 days prior to the original approval 1. If the Permittee does not submit an annual compliance letter before the required 30 days, the adult business shall cease occupancy until the compliance letter is submitted to. the Community Development Department. 2. The Director of Community Development shall respond to the annual compliance letter within 10 days of receiving the letter. SECTION S. The Santa Clarita Municipal Code is hereby amended to add Chapter 11.70 of Title 11 (Public Peace and Welfare) to read as follows: Sections: 11.70.010 Intent. 11.70.020 Definitions. 11.70.030 Applicability. 11.70.040 License Application Process. 11.70.050 License Standards. 11.70.060 License Requirements; General. 11.70.070 License Requirements; Adult Motion Picture Arcades. 11.70.080 License Requirements; Live Entertainment. 11.70.090 Expiration of License. 11.70.100 License Transferability. 11.70.110 Suspension of License. 11.70.120 Revocation of License. 11.70.130 Appeals to the City Council. 11.70.140 Pre-existing Legal Use. 11.70.150 Fees. 25 11.70.010. Intent. It is the intent of this chapter to regulate adult businesses, to promote the health, safety and general welfare of the citizens of the City of Santa Clarita and to establish reasonable and uniform regulations to prevent.the deleterious effects of adult businesses from occurring within the City of Santa Clarita. It is neither the intent nor the effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this chapter to restrict or deny access by adults to sex -oriented materials or to deny access by the distributors or exhibitors of sex -oriented material to their intended market. Nothing in this chapter is intended to authorize, legalize or license the establishment, operation or maintenance of any business, building or use which violates any City ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. 1. ADULT MOTEL means a hotel, motel, or similar commercial establishment which: a. Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions or other medium, films, motion pictures, video cassettes, slides, or other photographic reproduction which are characterized or distinguished by the depiction or description of 'specified sexual activities' or 'specified anatomical areas' and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproduction; or, b. Offers or advertises a sleeping room for rent for a period of time that is less than ten (10) hours in a twenty -four (24) hour period; or, C. Allows a tenant or occupant of a sleeping room to sub -rent the room for a period of time that is less than ten (10) hours in a twenty-four (24) hour period. 2. ADULT TANNING SALON shall mean a business establishment where patrons receive tanning services in groups of two (2) or more and .where patron, employees, or independent contractors thereof of the establishment expose specified anatomical areas. 'Adult Tanning Salon' or 'Parlor' shall also include a business establishment where a patron and an employee or independent contractor thereof of the establishment are nude or expose 'specified anatomical areas.' An 'adult tanning salon' or 'parlor' shall also include a business establishment where the employees or independent contractors thereof are nude or expose 'specified anatomical areas.' 3. ADULT T NO ..TY STO F is an establishment having, as a substantial portion of its stock -in -trade, a majority of its floor area, or a majority of its revenue derived from goods which are replicas of, or which simulate, 'specified anatomical 26 areas,' or'specified sexual activities,' or goods which are designed to be placed on or in 'specified anatomical areas,' or to be used in conjunction with 'specified sexual activities,' to cause sexual excitement, including, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, pitlickers, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas. 4. ADULT BUSTNESS BUSINESSshall 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 bookstore, adult theater, 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 the 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 counselors when performing functions under or pursuant to the respective license held. 5. 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 or description of specified sexual activities or specified anatomical areas for observation by patrons. 6. ADULT MOTION PICTURE TRE AR ADE shall mean any place to which the adult public is permitted or invited where coin or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image -producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterizedbyan emphasis on depicting or describing specified sexual activities or specified anatomical areas for observation of patrons. ADULT MOTION PICTURE T ATER 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 characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. 8. ADULT shall mean a person who is 18 years of age or older. 27 9. ADULT BOOKSTORE shall mean an establishment that devotes more that 15% of the total floor area utilized for the display of books and periodicals to the display and sale of the following: books, magazines, periodicals, or other 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 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. 10. BUSKIN SS shall mean and include any of the following: a. The opening or commencement of any such business as a new business; or b. The conversion of an existing business, whether or not an adult business, to any of the adult businesses defined in this chapter; or C. The addition of any of the adult businesses defined in this code to any other existing adult businesses; or d. The relocation of any such adult business 11. ESCORT shall mean a person who, for any form of consideration or gratuity, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. 12. ESCORT AGENCY shall mean a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. 13. EMPLOYEE shall mean a person who works or performs in and/or for a adult business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business and regardless of technical status as employee or independent contractor. 14. 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. 15. INDIVIDUAL VIEWING ARE A shall mean a viewing area designed for occupancy by one person. No private viewing areas shall be established, maintained, or authorized, and there shall be no doors, curtains, stalls, or other enclosures creating a private viewing area. 0 16. JUICE BAR is an establishment that features nude entertainment but serves no alcoholic beverages. 17. LICENSEE shall mean a person in whose name a license to operate an adult business has been issued, as well as the individual listed as an applicant on the application for a license. 18. MASSAGE PARLOR shall mean any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentation, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with "Specified Sexual Activities", or where any person providing such treatment, manipulation, or service related thereto, exposes "Specified Anatomical Areas". The definition of "Adult Business" shall not include the practice of massage in any licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program. 19. MOTEL shall mean the same as "hotel". 20. NUDE OR STATE OF N TDITY shall mean the appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast. 21. OPERATOR. shall mean and include the owner, permit holder, custodian, manager, operator or person in charge of any Permitted or Licensed Premises. 22. PERMITTEE shall mean any person or owner to whom a permit is issued pursuant to this code. 23. PERMITTED OR LICENSED PREMISES shall mean any premises that requires a licence and/or permit and that is classified as an adult business. 24. PUBLIC B UIf DIN shall mean any building owned, leased or held by the United States, the state, the county, the City, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes. 25. PUBLIC P RK or RECREATION R A shall mean public land which has been designated for park, recreational, or art activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the City which is under the control, operation, or management of the City Department of Parks, Recreation, or Homeowner's Association. 26. PRE-EXISTINGLEGALUS shall mean a use legal when established but which does not conform to the provisions of the City of Santa Clarita's Unified 29 Development Code. 27. PRIVATE VIEWING RFA means an area or areas in an adult business designed to accommodate no more than five (5) patrons or customers for purposes of viewing or watching a performance, picture, show, film, videotape, slide, movie, or other presentation. No private viewing areas shall be established, maintained, or authorized, and there shall be no doors, curtains, stalls, or other enclosures creating a private viewing area. a. Devoting more than 15 percent of total display area to the display of sex - oriented merchandise or sex -oriented material; or b. Presenting any type of live entertainment characterized by an emphasis on specified sexual activities or specified anatomical areas, or performers, models or employees appearing in public in lingerie on any ten or more separate or consecutive days within any thirty day period; or C. Deriving at least fifty percent (50%) of gross receipts from the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. 29. RELIGIOUS INSTITUTION shall mean any church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities. 30. RESIDENT AT ZONE or RESIDENTIAL T . shall mean property which is zoned or approved for or used as a residential use and/or a single family house, duplex, townhouse, multiple family dwelling(s), or mobile home park or subdivision,and campground, recreational trailer park, or travel trailer park. MOMENUMT WNUM. • 0119 a. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. maw 1 • . _ . E 1 _ a. The fondling or other touching of human genitals, pubic region, buttocks, anus, or female breasts; or b. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; or 30 C. Masturbation, actual or simulated; or d. Excretory functions as part of or in connection with any of the activities set forth in a through c above. 33. SEXUAL ENCOUNTER ESTABLI iIMENT shall mean an establishment, other than a hotel, motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate, or consort in connection with specified sexual activities or the exposure of specified anatomical area. This definition does not include an establishment where a medical practitioner, psychologist; psychiatrist or similar professional person licensed by the State of California engages in sexual therapy. For the purposes of these regulations, sexual encounter establishment shall include massage or rap parlor and other similar establishments 34. SHALL shall mean mandatory; "may" will mean permissive. 35. SEMI-NUDE MODEL STUDIO shall mean any place where a person, who appears Semi -Nude or displays "Specified Anatomical Areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. 36. SEX -ORIENTED MATERLAT• shall mean any sex -oriented merchandise, or any book, periodical magazine, photograph, drawing, sculpture, motion picture film, video tape recording, or other visual representation which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. 37. SEX -ORIENTED MERCLIAhIDISE shall mean but not limited to dildo, auto sucks, sexually oriented vibrators, edible underwear, pitlickers, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas. 38. SHERIFF shall mean the Sheriff of the County of Los Angeles, or the Sheriffs designated representative. 39. SCHOOL shall mean any public or private educational facility including but not limited to child day care facilities, nursery schools, youth instructional schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school. 40. SEMI-NUDE shall mean a stage of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices. 41. SPECIFIED CRIMINAL ACTS shall mean acts which are sexual crimes against 31 children, sexual abuse, rape or crimes connected with another adult business including but -not limited to distribution of obscenity or material harmful to minors, prostitution or pandering. 42. SUBSTANTIAL ENLARGEMENT OF AN ADULT BIN . shall mean an increase in the floor areas occupied by the business by more than 15% as the floor areas exist on effective date of this ordinance. Mi_.� : �l►1 :. • : • \ Y: •1 z\ • 1 5- : L► a. The sale, lease or sublease of the business; or b. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or C. The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. 44. WAITER OR WAITRESS is a man or woman who waits on tables. 11.70.030. APPLICABILITY. The provisions of adult businesses shall be applied to the following: 1. Adult Motion Picture Arcade 8. Adult Motion Picture Theater 2. Adult Bookstore 9. Massage Parlor 3. Adult Novelty Store 10. Sexual Encounter Establishment 4. Figure Modeling Studio 11. Escort Agency 5. Adult Cabaret 12. Semi -Nude Model Studio 6. Adult Motel 13. Juice Bar 7. Adult Tanning Salon 11.70.040, LICENSE APPLICATION PROCESS. a. It shall be unlawful for any person or entity to operate, engage in, conduct or carry on any adult business within the City of Santa Clarita unless the owner of said business first obtains, and continues to maintain in full force and effect, an adult business license issued by the City of Santa Clarita or its representative for the particular type of business. A valid license must be in the possession of the applicant in advance of the operation of an adult business. b. The owner of the proposed adult business shall be the only person eligible to obtain an adult business license. C. The owner of the adult business shall be required to obtain an approved adult business Use Permit with the City of Santa Clarita or its representative prior to obtaining an adult business license. W d. The following information and items shall be submitted by the owner at the time of applying for an adult business license: 1. A completed adult business license application form signed by the owner of the proposed adult business, and either the record owner of the property, his or her agent or, if the business premises are subleased to the applicant business, the sublessor of the premises. 2. A site plan designating the building and/or unit proposed for the adult business and a dimensional interior floor plan depicting how the business will comply with all applicable requirements of this chapter. 3. A statement signed by the owner under penalty of perjury attesting to the truth and accuracy of the application and the information submitted therewith. 4 The owner shall be 18 years or older. 5. Payment of the application fee as set by Resolution of the. City Council. 6. A statement listing all criminal convictions or pleas of nolo contendere, except those which have been expunged or sealed by Court Order, or authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600-900, and the disposition of all arrests of the applicant, individual, or other entity subject to disclosure under this Chapter, for five (5) years prior to the date of the application. This disclosure shall include identification of all ordinance violations, except minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature of each conviction or plea of nolo contendere, and sentence of each conviction or other disposition; identifying the conviction jurisdiction, and sentencing court providing court identifying case numbers or docket numbers. 7. Attached to the application form, two (2) color photographs of the applicant clearly showing the individual's face, and the individual's fingerprints on a form provided by the entity providing law enforcement services to the City. - Any fees for the photographs and fingerprints shall be paid by the applicant. I, Notwithstanding the above, no application for an adult business license shall be accepted or processed for any business that has had an adult business license revoked within the preceding three (3) year period. I I 1 ►. ;►IT"W a. The adult business license shall within ninety calendar days of filing a complete license application, approve and issue the adult business license if the standardsand requirements of this chapter have been met; otherwise, the license shall be denied. Notice of the approval or denial of the license shall be given to the owner in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service within three (3) business days of the date of such decision. The times set forth in this subsection shall not be extended upon the written consent of the applicant. 33 b. The adult business license shall be approved and issued if the application and evidence submitted show that: 1. The adult business will be located in a zone permitting adult businesses as a use, or is considered to be a pre-existing legal use by the City's UDC; and 2. The adult business will meet all applicable building, fie, electrical, health and plumbing regulations; and 3. The adult business will not be located, in whole or in part, within any portable structure; and 4. The applicant, or the applicant's representatives, have not knowingly made any false, misleading or fraudulent statement of material fact in the application.. 5. The applicant has not been convicted of a `Specific Criminal Act' for which: (a) Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, which ever is the later date, if the conviction is of a misdemeanor offense for the `Specific Criminal.Acts' which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity-, distribution, display, or sale of material harmful to minors; prostitution; or pandering. (b) Less. than five (5) years have elapsed since the date of conviction or the date of release from confinement, which ever is the later date, if the conviction is of a felony offense; for the `Specified Criminal Acts' which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering. (c) Less than five (5) years have elapsed since the date of conviction or, the date of release from confinement, which ever is the later date, if the convictions are of two (2) or more misdemeanors for the 'Specified Criminal Acts' which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering; conviction of any such offense occurring within twenty-four (24) months prior to application. (d) The fact that a conviction is being appealed shall have no effect on disqualification of the applicant. (e) An applicant who has been convicted of any of the above described `Specified Criminal Acts' may qualify to own, operate, or manage an adult business only when the required time period has elapsed. 34 a. For adult businesses which exceed an occupant load of one -hundred twenty five (125) persons or 5,000 square feet, the provision of on-site security personnel shall be required during all business hours pursuant to a plan to be reviewed and approved for adequacy by the Planning Commission and designated head of the law enforcement entity providing law enforcement services to the City. Security personnel shall be licensed in accordance with the California Business and Professions Code, to the satisfaction of the designated head of the entity providing law enforcement services to the City. b. Landscaping shall conform to the standards established for the zone, except that, if the adult business is the sole use on a lot, no planting shall exceed thirty (30) inches in height, except trees with foliage not less than six (6) feet above the ground. C. The premises within which the adult business is located shall provide sufficient sound - absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate space within the same building. d. No exterior door or window on the premises shall be propped or kept open at any time while the business is open. e. Permanent barriers shall be installed and maintained to screen the interior of -the premises from public view for each door used as an entrance or exit to the business. f. All indoor areas of the adult business within which patrons are permitted, except rest rooms, shall be open to view at all times. g. Except as specifically provided in this chapter, the adult business shall comply with the parking, development and design standards established for the zone in which the business is located. h. No sex -oriented material or sex -oriented merchandise shall be displayed in such a manner as to be visible from any location other than the premises occupied by the sex - oriented business. i. No person under the age of eighteen (18) years and no person obviously intoxicated shall be permitted within the premises at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the adult business. j. No adult business, excepting an adult motel, shall operate between the hours of 11:00 p.m. and 10:00 a.m.. No owner, operator, manager, employee, or independent contractor of an adult business, except an adult motel, regardless of whether or not a permit has been issued for said business under the provisions of this Code, shall allow such business to remain open for business, or no owner, operator, manager, or employee of an adult business shall permit any employee or independent contractor to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of 11:00 p.m. and 10:00 a.m.. k. The adult business shall provide and maintain separate rest room facilities for male 35 patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from using the rest room(s) for females, and female patrons and employees shall be prohibited from using the rest room(s) for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall be free from all sex -oriented materials and sex -oriented merchandise. Best rooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not be applicable to an adult business which deals exclusively with sale or rental of merchandise which is not used or consumed on the premises, such as an adult bookstore, and which does not provide rest room facilities to its patrons or the general public. 1. The building entrance shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises. . In. No advertising sign, billboard, or structure, advertisement, display, or other promotional material depicting `specified anatomical areas' or `specified sexual activities' or displaying instruments, devices, or paraphernalia designed for use in connection with `specific sexual activities,' shall be shown or exhibited so as to be visible from any exterior area. III A manager shall be on -duty at all times during operating hours. o. No exterior doors or windows on the premises shall be open at any time and any exterior windows shall be covered with opaque covering. P. The exterior grounds; including the parking lot, shall be sufficiently lighted to the satisfaction of the Director of Community Development during all hours of operation to allow all areas to be visible at all times. In addition all exterior lighting shall remain on for at least thirty (30) minutes after the closing time of the adult business to promote safety for employees thereof. All exterior grounds shall be maintained in a clean and orderly manner free of trash, debris, and weeds. q. No special events, promotions, concerts, or similar activities which are likely to increase parking demand shall be permitted. r. The Adult Business Use Permit and Adult Business License required by the ordinance shall be posted at the front interior entrance and shall be kept valid/current at all times. S. No partitions between subdivisions of a room, portion, or part of a building, structure, or premises, including restrooms may have an aperture, hole, slit, or other opening or gap which is designed or otherwise constructed to encourage, permit, or allow sexual activity between persons on either side of the partition. t. The maximum occupancy load, fire exits, fire lanes, and fire suppression equipment shall be regulated, designed, and provided in accordance with the regulations and.standards of the City's Planning Department, Los Angeles County Fire Department and the City's Building Department. U. Any viewing room shall be directly visible from the manager's station of the adult business, and visibility of the entire viewing room from the manager's station shall be 36 v W. X. neither obscured nor obstructed by any curtain, door, wall, or other structure. No person shall operate no more than one adult business under a single roof. All areas of the adult business shall be illuminated at a minimum of the following foot- candles, minimally maintained and evenly distributed at ground level: 0 Adult Bookstores Adult Theaters and cabarets Adult Arcades Adult Motels/Hotels Modeling studios Other adult businesses C 5 (except during performances, at which times lighting shall be at least 1.25 foot-candles) 1> C 20 (in public areas) WE 20 I.D. will be checked for appropriate age (18 years or older) before any customer is allowed in the adult business. 11.70.070 LICENSE REQUIREMENTS: 1LT MOTION PICTURE ARCADES. Adult motion picture arcades which provide more than one viewing area shall conform to all the requirements previously set forth in this chapter and shall also conform to the following additional requirements: a. Upon application for a adult business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's .stations, specifying the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the adult business license will be conspicuously posted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to any accuracy of plus or minus six (6) inches. b. Prior to any alteration in the configuration of the diagram, the owner shall submit a new diagram. c. It is the duty of the owner(s) to insure that at least one (1) employee is on duty and situated at each manager's station at all times that any patron is present inside the premises. 37 d. No individual viewing area may be occupied by more than one person at any one time. 11.70.080. LICENSE REt IJMMENTS: LIVE ENTERTAINMENT. Adult businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities shall conform to all the requirements previously set forth in this chapter and shall also conform to the following additional requirements: a. No person shall perform live entertainment for patrons of an adult business except upon a stage at least eighteen (18) inches above the level of the floor which is separated by a distance of at least six (6) feet from the nearest area occupied by patrons, and no patrons shall be permitted within six (6) feet of the stage while the stage is occupied by an entertainer. b. The adult business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use. C. The adult business shall provide an entrance or exit to the premises for entertainers which is separate from the entrance or exit used by patrons. d. No employee shall have physical contact with any patron and no patron shall have physical contact with any entertainer while on the premises engaging in a performance. e. Fixed rails at least forty-two (42) inches in height shall be maintained establishing the separations between entertainers and patrons. 11.70.090. EXPIRATION OF LICENSE. A. Each license shall expire one (1) year from the date of issuance and may be renewed if the adult business is currently in full compliance with all of the provisions of the Chapter, and including the following: (1) A renewal application is completely and properly filled out; (2) the application is signed and approved by the Director of Community Development; (a) An application must be filed with the Department of Community Development within thirty (30) days before the expiration date. If the adult business does not file renewal permit application before the expiration date, the business shall cease occupancy until the renewal application is received and approved by the Director of Community Development. (b) The Director of Community Development has five (5) business days to deny or approve the renewal application. If the Director does not deny or approve the renewal application within the time allowed the application shall be deemed approved at the end of the time allowed. K3;3 B. When the Director of Community Development denies renewal of the permit, the adult business shall not be issued a permit under this Code for one (1) year from the date of denial. If, subsequent to denial, the Director of Community Development, finds that the basis for denial of the renewal of the permit has been corrected, the adult business shall be granted a permit if at least ninety (90) days have elapsed since the date denial became final. 11.70.100. LICENSE T_RAN FE A ILITY. No adult business license shall be sold, transferred, or assigned by any licensee, or by operation of law, to any other person, group, partnership, corporation or entity, and any such sale, transfer or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such license, and such license shall thereafter be null and void. An adult business license held by an individual in a corporation or partnership is subject to the same rules of transferability described above. Any change in the nature or composition of the adult business from one type of adult business use to another type of adult business use shall also render the license null and void. An adult business license shall be valid only for the exact location specified in the license. 11.70.110. SUSPENSION OF LICENSE. A. The Director of Community Development shall suspend a license for a period not to exceed thirty (30) days if he/she determines that a licensee, or an employee of a licensee, has: (1) Violated or is not in compliance with any section of this Code; or (2) Engaged in the excessive use of alcoholic beverages while on the adult business premises; or (3) Refused to allow an inspection of an adult business premises as authorized by this Code; or (4) Operated the adult business in violation of a building, fire health, or zoning statue, code ordinance or regulation, whether federal, state or local, said determination being based on investigation by the division, department or agency charged with enforcing said rules or laws. In the event of such statute, code, ordinance or regulation violation, the City shall promptly notify the licensee of the violation and shall allow the licensee a seven (7) day period in which to correct the violation. If the licensee fails to correct the violation before the expiration of the seven (7) day period, the City shall forthwith suspend the license and shall notify the of the suspension; or (5) Operated the adult business in violation of the hours of operation; or (6) Allowed minors (17 years old and under) to enter the adult business. B. The suspension shall remain in effect until the violation of the statute, code, ordinance or regulation in question has been corrected. 11.70.120. REVOCATION OF LICENSE. 39 A. The Director of Community Development shall revoke a license if a cause of suspension in this Chapter occurs and the license has been suspended within the preceding twelve (12) months. B. The Director of Community Director shall revoke a license upon determining that: (1) A licensee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant's opportunity for obtain a permit; or (2) A licensee or an employee has knowing allowed possession, use or sale of controlled substances on the premises; or (3) A licensee or an employee has knowingly allowed prostitution on the premises; or (4) A licensee or an employee knowingly operated the adult business during a period of time when the licensee's license was suspended; or (5) On two or more occasions within a twelve (12) month period, a person or persons committed an offense, occurring in or on the licensed premises, constituting a specified criminal act for which a conviction. has been obtained, and the person or persons were employees of the adult business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit; or (6) A licensee is convicted of tax violations related to an adult business; or (7) A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other specified sexual activities to occur in or on the licensed premises; or (8) Operating more than one adult business under a single roof; or (9) Knowingly permitted gambling by any person on the adult business premises. C. When the Director of Community Development revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued an adult business license for one (1) year from the date revocation became effective. If, subsequent to revocation, the Director of Community Development finds that the basis for revocation under this Chapter has been corrected, the applicant shall be granted a license if at least ninety (90) days have elapsed since the date revocation became effective. If the license was revoked under this Chapter, an applicant may not be granted another license until the number of years required under this Chapter has elapsed. D. The licensee shall allow any appropriate officer of the City of Santa Clarita to conduct unscheduled inspections of the premises of the adult business for the all purpose of ensuring compliance with the law at any time the sex -oriented business is open for business or is occupied. A. If an adult business license is denied, revoked, or suspended by the Director of Community Development, the applicant shall have fifteen (15) days from the date of denial, revocation, or suspension to appeal the decision to the City Council. The request for the appeal shall be typed (included with an appeal fee) and submitted to the City Clerk. If appealed the City Council shall act on the appeal during a public hearing no later than sixty (60) days from the date of the Director of Community Development's denial, revocation, or suspension. If the City Council does not act on the appeal within the sixty (60) days, the application shall be deemed approved and the applicant shall be entitled to engage in the proposed use subject to the remaining provisions of this Chapter and all other applicable laws and City ordinances or regulations. MW "19 A. Any adult business lawfully operating before the effective date of this ordinance or lawfully operating before annexation in the City of Santa Clarita that is in violation of this Chapter shall be deemed a pre-existing legal use. A pre-existing legal use will be permitted to continue to operate as long as such pre-existing legal uses shall not change in ownership, size, or be altered or modified in any way. Any pre-existing legal adult business that changes in ownership, size, or is altered or modified in any way shall be subject to all the provisions of this Chapter. In addition, any pre-existing legal adult business that ceases operation for a period of thirty (30) days shall be subject to all the provisions of this Chapter. B. An adult business lawfully operating as a conforming use is not rendered a non- conforming use by the location, subsequent to the grant or renewal of an adult business use permit and/or an adult business license, of a church, school, public park, public building, residential zone, or residential lot within 1000 feet of the adult business. This provision applies only to the renewal of a valid permit and license and does not apply when an application for a permit and license is submitted after a permit and license has expired or has been revoked. 11.70.150. FEES.. For the purpose of fees only, the following adult businesses shall be grouped in eight different classifications of the business license fee schedule: 1. Entertainment (Adult) Adult Cabaret Juice Bar 41 Adult Tanning Salon Sexual Encounter Establishment 2. Massage Parlor (Adult) Model Studio 4. Bookstore (Adult) 5. Motel 6. Escort Bureau 7. Picture Arcade (Adult) 8. Theatre (Adult) Massage Parlor Figure Modeling Studio Semi -Nude Model Studio Adult Bookstore Adult Novelty Store Adult Motel Escort Agency Adult Motion Picture Arcade Adult Motion Picture Theater SECTION 9 Section 070.D of Chapter 13.24 of the Santa Clarita Municipal Code is hereby amended to read as follows: Display in Areas Where Minors Are Not Excluded --Harmful Matter Restricted 1. No person shall knowingly display or cause to be displayed, in any public place where minors are not excluded, any harmful matter as defined in Subdivision a of Section 313 of the Penal Code, unless a) such matter is displayed in news vending machines equipped with devices commonly known as blinder racks affixed in such a manner that the lower two-thirds of the matter is not exposed to view; ,uIIL b) the purchase of such matter is under adult supervision to ascertain that the person receiving the harmful matter is 18 years of age or older. or that/ •. 11 longer desired: / 1 Permittee.Re "! personreceiving the Ic Y11 1!e ! use a token i! order /utilize the vending machine11 J_• Icl 1 lc 1' 1• 1 ! Y11. • 1 / rIM $. This section shall not apply to news vending machines that are placed or projected upon public highways and which are subject to the provisions of Section 13.24.070.C. • 1111 1 val1/ 1 1 1 11 1 1 1 42 SECTION 10 VIOLATIONS In addition to any other penalties and remedies provided by law, including the provisions of the same title, any violation of the provisions of this chapter shall be a misdemeanor punishable by a fine not to exceed one -thousand dollars ($1,000.00) or six (6) months in jail, or both. Any person who violates the provisions of this chapter is subject to a suit for injunction as well as prosecution for the criminal violation. SECTION 11 CONFLICTS If the provisions of this chapter conflict or contravene the provisions of another chapter of the same title, the provisions of this chapter shall prevail as to all matters and questions arising out of the subject matter of this chapter. SECTION 12 SEVERABMTy If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are hereby declared to be severable. SECTION 13 SAVINGS CLAUSE Neither the adoption of this chapter nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of regulations, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any permit or license or penalty or the penal provisions applicable to any violation thereof. 43 SECTION 14 The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. The complete Ordinance is available to the public in the City Clerk's office. PASSED AND APPROVED this day of , 19_. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Sharon Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 19 . That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 19 by the following vote, to wit: AYES: COUNCILMEMBERS NOES: COUNCILMEM 3ERS ABSENT: COUNCILMEMBERS CURRENT\ADLTBUS2.dwH ©. CITY CLERK ORDINANCE NO. 97-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING THE SANTA CLARITA MUNICIPAL CODE, BY ADOPTING REGULATIONS PERTAINING TO TATTOO PARLORS AND PAWN SHOPS IN THE UNIFIED DEVELOPMENT CODE (UDC AMENDMENT 96-001) WHEREAS, the City of Santa Clarita General Plan requires the implementation of a City of Santa Clarita Unified Development Code to be in compliance with the Governmental Code of the State of California; and WHEREAS, the provisions of the California Environmental Quality Act (CEQA) of 1970, as amended, Public Resources Code Sections 21000-21774, require the evaluation of the Negative Declaration for projects such as amendments to the Unified Development Code; and WHEREAS, a Negative Declaration was prepared, noticed and circulated for public review in compliance with the provisions of CEQA and the City's Environmental Guidelines; and WHEREAS, the proposed amendments further implement the Goals and Policies of the City's General Plan; and WHEREAS, the Planning Commission conducted a public hearing on the proposed amendments on November 19, 1996. At this meeting, the Commission reached consensus on these amendments, recommending that Council modify the Unified Development Code to require tattoo parlors and pawn shops to submit a minor use permit application, which would be automatically referred to the Planning Commission for approval or denial, provided they are located in the Community Commercial, Industrial Commercial, and Business Park zones; and WHEREAS, the amendments regarding tattoo parlors and pawn shops will be made in the Permitted Use Chart section of the Unified Development Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The proposed amendments to the Santa Clarita Unified Development Code are consistent with the City of Santa Clarita General Plan and meet the requirements of the Government Code of the State of California. SECTION 2. That the Initial Study and Negative Declaration for this project has been prepared, reviewed, considered, and found complete in accordance with the provisions of CEQA and the City's Environmental Guidelines and the City Council has adopted the Negative Declaration prepared for this project at the November 12, 1996 City Council meeting. SECTION 4. That if any portion of this Ordinance is held to be invalid, that portion shall be stricken and severed, and the remaining portions shall be unaffected and remain in full force and effect. SECTION 4. Paragraph (41) entitled "Secondhand stores" contained in Chapter 17.13.050 (General Commercial Uses) of the Santa Clarita Unified Development Code is hereby amended to read as follows: CC Secondhand stores/Pawn Shops MS IC BP MS M5 Subject to hearing before the Planning Commission. SECTION 5. Chapter 17.13.050 (General Commercial Uses) of the Santa Clarita Unified Development Code is hereby amended to add "Tattoo Parlors" to the permitted use chart and shall read as follows: CC IC BP Tattoo Parlors W W W SECTION 6. That the City Clerk shall certify to the passage of this ordinance and shall cause it to be published in the manner prescribed by law. PASSED AND APPROVED this ATTEST: CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) day of 19_. MAYOR I, Sharon Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 19 . That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 19 by the following vote, to wit: AYES: COUNCILMEM 3ERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS CITY CLERK :wumil%ordUttoo.Jwh CITY OF SANTA CLARITA NEGATIVE DECLARATION [] Proposed [X]Final MASTER CASE NO: 96-217 PERMIT/PROJECT NAME: Unified Development Code Amendment 96-002 APPLICANT: City of Santa Clarita LOCATION OF THE PROJECT: Citywide DESCRIPTION OF THE PROJECT: Modifications to the City's Unified Development Code in the areas of Adult Businesses. ---------------------------------------------------------------------- ---------------------------------------------------------------------- Based on the information contained in the Initial Study prepared for this project, and pursuant to the requirements of Section 15065 of the California Environmental Quality Act (CEQA), the City of Santa Clarita [X] City Council [ ] Planning Commission [ ] Director of Community Development finds that the project as proposed or revised will have no significant effect upon the environment, and that a Negative Declaration shall be adopted pursuant to Section 15070 of CEQA. Mitigation measures for this project [X] Are Not Required [ ] Are Attached [ ] Are Not Attached --------------------------------------------------------------------- --------------------------------------------------------------------- JEFF LAMBERT PLANNING MANAGER Prepared by: I I/V� Jeff Hogan, Planning Technician (Iignat e) (Name/Title) Approved by: Glenn Adamick Associate Planner (Signature) (Name/Title) ------------------------------------------------------------------------ ------------------------------------------------------------------------ Public Review Period From October a0 1996 To November 20, 1996. Public Notice Given On October 30, 1996 By: [X] Legal Advertisement [ ] Posting of Properties [ ]Written Notice CERTIFICATION DA current\ndadlt.gea Page IS:\CD\CURRP \ND LT.GG f f � t ENVIRONMENTAL ASSESSMENT 4T, (Initial Study Form B) CITY OF SANTA CLARITA Lead Agency: City of Santa Clarita23920 Valencia Blvd. Ste. 300 Santa Clarita, CA 91355 Contact Person & Phone Number: Glenn Adamick or Jeff Hogan (805) 255-4330 Master Case or CIP Number: 96-217 Entitlement Type(s): UDC Amendment 96-002 Case Planner: Glenn Adamick/Jeff Hogan Project Location (Thomas Bros.): City of Santa Clarita Project. Description and Setting: Modifications to requirements within the City's Unified Development Code related to Adult Businesses. General Plan and Zoning Designation(s): CC, IC, BP Project Applicant (Name, Address, Phone): City of Santa Clarita Surrounding Land Uses and Setting: N/A Other public agencies whose approval is required (e.g. permits, financing approval, or participation agreement) ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. [ ] Land Use and Planning [ ] Transportation/ [ ] Public Services Circulation [ ] Population and Housing [ ] Biological Resources [ ] Recreation [] Geological Problems [] Noise [] Aesthetics [] Water [] Hazards [] Cultural Resources [ ] Air Quality [ ] Mandatory Tests of [ ] Utilities and Service Significance System [] Energy and Mineral Resources -1- DETERMINATION: On the basis of this initial evaluation: [X] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [ ] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project MAY have a significant impact on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [ ] I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been mitigated adequately In an earlier document pursuant to applicable legal standards; and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact' or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT, but it must analyze only the effects that remain to be addressed. [ ] 1 find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Prepared by: (I e f Hogan fanning Technician) (Date) Approved by: — .R Q�- I (Glenn Adamick, Associate Planner) (Date) .2. ENVIRONMENTAL IMPACTS: -3- Potentially Significant Impact Potentially Unless Less than Significant Mitigation Significant No Impact Incorporated Impact Impact I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? [ ] [] [ ] [x] (Source # ) b) Conflict with applicable environmental plans or [ ] [ ] [ ] [x] policies adopted by agencies with jurisdiction over the project? c) Be Incompatible with existing land use In the city? [ ] [ ] [] [x] d) Disrupt or divide the physical arrangement of an [ ] [ ] [ ] [x] established community (including a low-income or minority community)? e) Affect a Significant Ecological Area (SEA)? ( ) [ ] [ ] [] [x] f) Other ( ) II [] II [] If. POPULATION AND HOUSING. would the Proposal: a) Cumulatively exceed official regional or local [ ] [ ] [] [x] population projections? ( ) b) Create a net loss of jobs? ( ) [] I I [x] c) Displace existing housing, especially affordable [ ] [ I [ ] [x] housing? ( ) d) Other ( ) [] [] [] [] Ill. GEOLOGIC PROBLEMS. WIII the proposal result In: a) Unstable earth conditions or In changes in geologic [ ] [ ] [ ] [x] substructures? ( ) b) Disruptions, displacements, compaction or over [] [] I [x] covering of the soil? ( ) c) Change in topography or ground surface relief [ ] [ ] [ ] [x] features? ( ) d) The destruction, covering or modification of any [ ] [ ] [] [x] unique geologic or physical features? ( ) e) Any increase in wind or water erosion of soils, either [ ] [ ] [] [x] on or off the site? ( ) f) Exposure of people or property to geologic hazards [ ] [ ] [ ] [x] such as earthquakes, landslides, mudslides, ground failure, or similar hazards? ( ) g) Changes In deposition, erosion or siltation? ( ) [ ] [ ] [I [x] h) Other modification of a wash, channel, creek, or [ ] [ ] [] [x] river? ( ) -3- D Other ( ) [] Potentially [] IV. WATER. Would the proposal result in: Significant a) Changes In absorption rates, drainage patterns, or [ ] Impact [xI Potentially Unless Less than b) Significant Mitigation Significant No Impact Incorporated Impact Impact I) Earth movement (cut and/or fill) of 10,000 cubic [ ] [ ] [ ] [xI yards or more? ( ) surface water quality (e.g. temperature, dissolved j) Development and/or grading on a slope greater than [ ] [ ] [ ] [x] 25% natural grade? ( ) Changes in the amount of surface water in any water [ ] [ ] [ ] [x] k) Development within the Alquist-Priolo Special [ ] [ ] [ ] [x] Studies Zone? ( ) Changes in currents, or the course of direction of [] [] [] [x] D Other ( ) [] [] [] [] IV. WATER. Would the proposal result in: a) Changes In absorption rates, drainage patterns, or [ ] [ ] [ I [xI the rate and amount of surface runoff? ( ) b) Exposure of people or property to water related [ ] [ ] [ ] [x] hazards such as flooding? ( ) c) Discharge Into surface waters or other alteration of [ ] [ ] [ ] [x] surface water quality (e.g. temperature, dissolved oxygen, or turbidity)( ) d) Changes in the amount of surface water in any water [ ] [ ] [ ] [x] body? ( ) e) Changes in currents, or the course of direction of [] [] [] [x] water movements? ( ) f) Changes In the quantity of ground waters, either [ ] [ ] [ ] [x] through direct additions or withdrawals, or through Interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ( ) g) Altered direction or rate of flow of groundwater? [ ] [] [] [x] h) Impacts to groundwater quality? ( ) [ ] [ ] [] [x] Substantial reduction in the amount of groundwater [ ] [ ] [ I [xI otherwise available for public water supplies? ( ) ]) Other ( ) [] [] [] [] V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an [ ] [ ] [ ] [x] existing or projected air quality violation? ( ) b) Expose sensitive receptors to pollutants? ( ) [ j [ ] [ ] [x] c) Create objectionable odors? ( ) [ ] [ ] [ ] [x] d) Other ( ) [] [] I [x] N. TRANSPORTATION/CIRCULATION. would the proposal result in: a) Increased vehicle trips or traffic congestion?( ) [ ] [ ] [x] [ ] -4- d) Other ( ) [] [] [] [] Potentially HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of Significant hazardous substances (Including but not limited to Impact b) Possible interference with an emergency response Potentially Unless Less than plan or emergency evacuation plan? ( ) c) Significant Mitigation Significant No hazard? ( ) Impact. Incorporated Impact Impact b) Hazards to safety from design features (e.g. sharp [ ] [ ] [ ] [x] curves or dangerous Intersections) or incompatible uses? ( ) c) Inadequate emergency access or access to nearby [ ] [ ] [ ] [x] uses? ( ) d) Insufficient parking capacity onsite or offsite? [ ] [ ] [ ] [x] e) Hazards or barriers for pedestrians or bicyclists? [ ] [ ] [ ] [x] Q Conflicts with adopted policies supporting [] [j I [x] alternative transportation (e.g. bus stops, bicycle racks)( ) g) Disjointed pattern of roadway Improvements ( ) (] [ ] [ ] [x] h) Other ( ) [] [] [] I VII. BIOLOGICAL RESOURCES. Would the proposal result In impacts to: a) Endangered, threatened or rare species or their [] [] [] [x] habitats (Including but not limited to plants, fish, Insects, animals, and birds) ( ) b) Oak Trees( ) [] (] [] [x] c) Wetland habitat or bluellne stream? ( ) [ ] (] [ ] [x] d) Wildlife dispersal or migration corridors? ( ) [ ] ( ] [ ] [x] e) Other ( ) [] I [] I VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? [ ] [ ] [ ] [x] b) Use nonrenewable resources In a wasteful and [ ] [ ] [ ] [x] Inefficient manner? ( ) C) Result In the loss of availability of a known mineral [ ] [ ] [ ] [x] resource that would be of future value to the region and the residents of the State? ( ) d) Other ( ) [] [] [] [] IX HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of [ ] [ j [ ] (x] hazardous substances (Including but not limited to oil, pesticides, chemicals, or radiation)? ( ) b) Possible interference with an emergency response [] [ ] [ ] [x] plan or emergency evacuation plan? ( ) c) The creation of any health hazard or potential health [ ] [ ] [ ] [x] hazard? ( ) -5- f) Other ( ) [] [] [] [] X. NOISE. Would the proposal result In: a) Increases In existing noise levels? ( ) [ ] [ ] [) [x] b) Exposure of people to severe noise levels or [ ] [] [] [x] vibration? ( ) c) other Potentially XI. PUBLIC SERVICES. Would the proposal have an effect Significant on, or result in a need for new or altered government Impact services in any of the following areas: Potentially Unless Less than [ ] [x] b) Significant Mitigation Significant No Schools? ( ) Impact Incorporated Impact Impact d) Exposure of people to existing sources of potential [ ] [ ] [ ] [x] health hazards (e.g. electrical transmission lines, gas Al. UTILITIES. Would the proposal result in a need for new systems or supplies, or lines, oil pipelines)? ( ) , a) Power or natural gas? ( ) e) Increased fire hazard in areas with flammable brush, [ ] [ ] [ ] [x] grass, or trees? ( ) c) Local or regional water treatment or distribution [ ] [ ] [ ] [x] f) Other ( ) [] [] [] [] X. NOISE. Would the proposal result In: a) Increases In existing noise levels? ( ) [ ] [ ] [) [x] b) Exposure of people to severe noise levels or [ ] [] [] [x] vibration? ( ) c) other XI. PUBLIC SERVICES. Would the proposal have an effect on, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ( ) [ ] [ ] [ ] [x] b) Police protection? ( ) [] [] I [x] c) Schools? ( ) [] [] [] [x] d) Maintenance of pubic facilities, Including roads? [] [ ] [ ] [x] e) Other government services? ( ) I [] I [x] Al. UTILITIES. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: , a) Power or natural gas? ( ) [ ] [ ] [ ] [x] b) Communications systems? ( ) [] [] I [x] c) Local or regional water treatment or distribution [ ] [ ] [ ] [x] facilities? ( ) d) Sewer or septic tanks? ( ) [ ] [ ] [] [x] e) Storm water drainage? ( ) [ ] [ ] [] [x] Q Solid waste disposal? ( ) [ ] [] [] [x] g) Local or regional water supplies? ( ) [ j [ ] [ ] [x] h) Other ( ) [] [] [] I XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista open to public view? ( ) [ ] (] [ ] [x] b) Have a negative aesthetic effect? ( ) [ ] [ ] [ ] [x] c) Create light or glare? ( ) [] [] [] [x] -6- -7- Potentially Significant Impact Potentially Unless Lessthan Significant Mitigation Significant No Impact Incorporated Impact Impact d) Other ( ) [] [] [] [] XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological or archaeological [] (] [] [x] resources? b) Have the potential to cause a.physical change which [] [] [] [x] would affect unique ethnic cultural values? ( ) c) Restrict existing religious or sacred uses within the (] [ ] [ ] [x] potential Impact area? ( ) d) Affect a recognized historical site? ( ) [] [] [] [x] e) Other ( ) [] [] [] [] XVI. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the [] [] [] [x] quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve [ ] [ ] [ ] [x] short-term, to the disadvantage of long-term, environmental goals? (A short-term Impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term Impacts will endure well into the future.) c) Does the project have impacts which are individually [ ] [ ] [] [x] limited but cumulatively considerable? (A project may Impact on two or more separate resources where the Impact on each resource is relatively small, but where the effect of the total of those Impacts on the environment Is significant.) d) Does the project have environmental effects which [ ] [ ] [ ] (x] will cause substantial adverse effects on human beings, either directly or Indirectly? XVII. DEPARTMENT OF FISH AND GAME "DE MINUMUS" FINDING a) Will the project have an adverse effect either [] [ ] [ ] [x] Individually or cumulatively, on fish and wildlife resources? Wildlife shall be defined for the purpose of this question as "all wild animals, birds, plants, fish. amphibians, and related ecological communities, including the habitat upon which the wildlife depends for Its continued viability." -7- XVIII. DISCUSSION OF ENVIRONMENTAL IMPACTS AND/OR EARLIER ANALYSES: Section Subsection Evaluation of Impact I and II. There are no significant permanent or temporary impacts in the areas Land Use of Land Use, Planning/Housing and Population with the proposed Planning/ policy changes to the Development Code. The proposed amendments Housing provide more restrictions on these uses which in turn will reduce any Population impacts associated with land use and planning. III, IV, V, There are no significant permanent or temporary impacts in the areas VII, XIII of Geology, Water, Air Quality, Biology and Cultural Resources with and XIV the proposed changes to the Development Code. Individual proposals Geologic governed by these code sections will be required to comply with Problems/W applicable environmental review upon submittal. ater/Air Quality/ Biological Resources/ Cultural Resources VI, XI, XII There are no significant permanent or temporary impacts in the areas Circulation/ of Circulation, Public Services, and Utilities with the proposed policy Public changes to the Development Code. Services/ Utilities VIII There are no significant permanent or temporary impacts in the areas Energy and of Energy and Mineral Resources with the proposed changes to the Mineral Development Code, Resources IX and X There are no significant permanent or temporary impacts in the areas Hazards of Hazards and Noise with the proposed changes to the Development and Noise Code. curr nWwdtl.gea -8- r MINUTES OF t THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA Tuesday November 19, 1996 7:00 p.m. CALL TO ORDER The meeting of the Planning Commission of the City of Santa Clarita was called to order by Chairperson Brathwaite at 7:00 p.m. in the Council Chambers, at 23920 Valencia Boulevard, First Floor, Santa Clarita, California. 1"W.MMAM " The Pledge of Allegiance to the flag was led by Commissioner Cherrington. ROLL CALL The secretary called the roll. Those present were Chairperson Brathwaite and Commissioners Cherrington, Hoback, Berger and Mllmeyer. Also present were Ken Pulskamp, Assistant City Manager; Jeffrey Lambert, Planning Manager; Michael Haviland, Manager of Marketing and EconomicDevelopment; Thomas Altmayer, Assistant City Attorney; Glenn Adamick, Associate Planner; Jeff Hogan, Planning Technician; and Lori Powell, secretary. CONSENT CALENDAR ITEM 1 APPROVAL OF MINUTES OF NOVEMBER 5, 1996 A motion was made by Commissioner Cherrington and seconded by Commissioner Berger to approve the Minutes of November 5, 1996. Said motion was carried by a vote of 5-0. NEW BUSINESS ITEM 2 NEWHALL REDEVELOPMENT PROJECT PRELIMINARY PLAN AND PLANNING BOUNDARY This item was introduced by Jeffrey Lambert, Planning Manager. He introduced Brice Russell, of GRC Redevelopment Consultants, who made the presentation to the Commission. Mr. Russell said the Michael Friedman report had come up with three possible redevelopment scenarios regarding what boundaries should be evaluated and considered for redevelopment purposes. There was a narrow based redevelopment area that was rather small, a moderate redevelopment area that was rather large and a broad based redevelopment district which was estimated to have an assessed valuation of approximately 3 billion dollars. Mr. Russell said the instructions from Council and what they have been working with, has been the moderate based area. A graphic was shown to the Commission of the moderate based district as indicated in the Friedman plan. The area that Mr. Russell was speaking about was much smaller than the moderate based area. To form a redevelopment project it takes,a process that is dictated by California law and the area that would be included in a redevelopment project must be found by the City Council to be both a blighted area and an urbanized area of the community. Mr. Russell said redevelopment law states there must be two kinds of blight that predominate in an area, physical blight and economic blight. Mr. Russell went over what some of those characteristics were. Mr. Russell said they are asking the Commission to approve the Preliminary Plan. The plan has the recommended boundaries. He said the boundaries are not to be considered as final boundaries, they are to be considered as planning boundaries. Mr. Russell said further studies will be done and they will work with the community. Mr. Russell stated the most significant element of the preliminary plan is that once the Commission has adopted it and established the planning boundaries, the redevelopment area cannot get any larger. He said the whole process should be completed by May or June of 1997. Mr. Russell reviewed two letters received from Mark Gates and Hank Arklin. Mr. Russell stated that residential properties that back onto Hart High School are not included in the redevelopment area. Mr. Russell said the boundaries had been presented to the Castaic Lake Water Agency. They have not gotten together as yet to compare data. Mr. Russell answered questions from the Commissioners. Ken Pulskamp, Assistant City Manager, told of the amount of work put in by Mr. Russell and his associates. Mr. Russell and his staff have put in many hours driving block by block throughout the City. There have been at least 30 different meetings with individuals throughout the community, getting their input. Commissioner Brathwaite stated this matter was not a public hearing however, there were three persons who wished to make general comments on the item. Warren K. Johnson, 26534 Oak Crossing Road, Santa Clarita. Mr. Johnson brought up the subject of a "Main Street" program for the restoration of Downtown Newhall. He wanted to know why this has not been reconsidered as opposed to redevelopment. John Steffan, 22714 Espuella Drive, Santa Clarita. Wanted to know why the Newhall County Water Agency was not mentioned. He also wanted to know why Mr. Russell was dealing with the Castaic Lake Water Agency. Mr. Steffan also made comments regarding redevelopment and taxes. Carl Kanowsky, 23929 Valencia Blvd., Santa Clarita. He said Mr. Russell made a fine presentation and he is in support of the concept of redevelopment and revitalizing old Newhall. Mr. Kanowsky is concerned with lawsuits against the City regarding redevelopment. Mr. Russell addressed the concerns brought up by the speakers. Mr. Russell said the redevelopment plan would not preclude a Main Street program. He said the redevelopment agency does not have the ability to levy a tax. Once a project is put in place, the property tax base for the area is frozen. Commissioner Cherrington said he could accept staffs recommendation for approval. Commissioner Mllmeyer said anytime documents of substance are delivered to the Commission he would like more lead time in which to review those documents. He felt the project was vital to the community. Commissioner Hoback said she feels comfortable adopting what staff has recommended. Commissioner Berger made a motion to adopt Resolution P96-26 adopting those boundaries described and shown in the Preliminary Plan as the planning boundaries for the project area, and approve the Preliminary Plan for the Newhall Redevelopment project. Said motion was seconded by Commissioner Cherrington and passed by a vote of 5-0. RECESS Chairperson Brathwaite. called for a recess at 8:12 .p.m. RECONVENE The meeting reconvened at 8:25 p.m. PUBLIC HEARINGS ITEM 3 PROPOSED UNIFIED DEVELOPMENT CODE (UDC) AMENDMENT 96-002 MODIFICATIONS TO REGULATIONS RELATED TO ADULT BUSINESSES, TATTOO PARLORS AND PAWN SHOPS The staff report was given by Glenn Adamick, Associate Planner. Mr. Adamick reviewed the recommendations related to pawn shops and tattoo parlors. He said staff has contacted other cities to see how these uses are handled and found that most cities automatically refer them up to the Planning Commission for hearing. Additionally, staff and the City Attorney have researched the legality of posing certain standards on these uses. Mr. Adamick said for pawn shops and tattoo parlors it would be required to submit a minor use permit for these uses provided they are located in a CC, IC or BP zone. These requests would be automatically forwarded to the Planning Commission. The Commission would then have the ability to review the request and either approve or deny the request based on the existing conditional use permit or minor use permit findings within the Code. 3 Mr. Adamick said the City Council adopted a moratorium on adult uses and directed staff to prepare a permanent adult business ordinance. Mr. Adamick said staff is recommending that notices for adult businesses be treated similar to what is done with a minor use permit. Sign posting would also be required. The location requirements for this ordinance is that adult businesses only be considered in four zones: CC, CTC, IC and BP. Other requirements would be that adult uses would not be located within 500' to 1000' of a residence; they would not be located within 2500' of another adult business; they would not be allowed to locate within 500' to 1000' of a sensitive use; and that the site must accommodate site development requirements. Mr. Adamick reviewed the thirteen performance and development standards and answered questions from the Commission. Mr. Lambert said what staff is proposing is based on the Council's direction to have the most restrictive ordinance on this matter that is legally defensible. The alternative is to prohibit adult businesses all together but this is not legally defensible and the City would be challenged on this type of ordinance. The Public Hearing was opened at 8:58 p.m. There were several speakers who were in favor of the item or who wished to make general comments. They were: Cheryl Smith, David Gabriel, Mike Lomont, Debbie Clapp, Len Clapp, Lora Prange, Laurie Kendall, Gregg and Janice Gentry, Julie Lee, Derick Dimry, Cathy Love, Judy Barringer, Pat O Kelley, and Tamara Monroe. The speakers voiced many of the same concerns: They wanted it to be as hard as possible for this type of business to come to the City, keep the businesses away from local parks, no billboards, and the further away from homes, schools, churches, etc., the better. Concerns were expressed regarding putting these types of businesses in the industrial center because of the high school, churches and other child oriented activities in that area. A few of the people wanted to ban adult businesses completely. Jeff Lambert asked the Commission for direction on some of the issues such as distance requirements and the performance standards. Consenus was reached by the Commission to have the most restrictive ordinance on this matter that is legally defensible. Commissioner Berger thanked the people for coming out to show their support. He wanted the distances pushed to the limits, especially in areas where there were schools and parks. Commissioner Hoback said she would prefer to take the CTC zone out. She was also concerned about the high school in the industrial center. She also spoke about the responsibility of landlords not leasing to these types of businesses. She felt that the 4 landlords could not be controlled completely to not lease to the adult businesses. Commissioner Hoback wanted at least 1000' distance between any residential zone of sensitive use, i.e., churches, schools; or child care centers. Commissioner Killmeyer said he appreciated the comments from the public. He felt that staff did a commendable job in their research. He agreed with Commissioner Hoback's statement regarding landlords. Commissioner Cherrington said the direction that staff had taken was acceptable and he concurred with the judgment of his fellow Commissioners and the public. He mentioned that one of the speakers pointed out that when a business is not attended, the business folds and leaves town. Chairperson Brathwaite asked some questions regarding concerns brought up by some of the speakers. Those questions were answered by Mr. Adamick and Mr. Altmayer. Chairperson Brathwaite also asked about billboards and signage. Mr. Adamick said he would research this matter to find out what type of control could be placed on signage. Chairperson Brathwaite said he had a problem with number 7 under location requirements. He did not like the structure of the sentence, the intent was fine. Mr. Adamick said a sign-up sheet was placed on the table in the back of the Council Chambers. He requested the names and addresses of those people who would be interested in taking a look at the ordinance so they would have an opportunity to review it and make comments at the next meeting. Chairperson Brathwaite said he had a concern about the number of security guards. He asked if it could be written to reflect "as required". Mr. Altmayer agreed. He felt there should be more flexibility. Commissioner Hoback wanted to expand the area of notification. Mr. Adamick asked if the Commission was in concurrence with requiring a minor use permit for tattoo parlors and pawn shops and that they would automatically be forwarded to the Commission. Commissioner Cherrington asked why the body piercing was limited to below the neck. He mentioned nose and tongue piercing was above the neck. Mr. Adamick said it was difficult determining what was sociably acceptable. He asked if the Commission wanted to impose further restrictions. Commissioner Hoback suggested it could be from the head down but to exclude ear piercing. A motion was made by Commissioner Killmeyer to continue the item to December 17, 1996. Said motion was seconded by Commissioner Cherrington and it was passed by a vote of 5-0. DIRECTOR'S REPORT Mr. Lambert gave the Director's Report. He said Glenn Adamick was leaving the Planning Division to take a position with the Economic Development Division. He will continue working on many of his cases until they are concluded. Mr. Lambert reviewed the items that will be on the agenda at the next Commission meeting. 5 Mr. Lambert mentioned that the League of California Cities Conference for Commissioners would be in March, 1997, in Monterey. He wanted the Commissioners to start thinking about whether they would attend. Mr. Lambert said staff will try to make sure the Commission receives documentation well in advance so they may review lengthy items in a timely manner. He also spoke about the circulation element and he said there would be a full page ad in the Signal newspaper regarding a meeting to be held on December 4. The public is invited to this meeting. PLANNING COMMISSION REPORT Commissioner Cherrington said he had been approached by Newhall Land and Farming to attend a presentation regarding the North Hills project. A discussion was had by the Commission regarding meeting with applicants before a Commission hearing. Mr. Altmayer said if'a Commissioner attends a meeting with an applicant, a very detailed report must be given to the Commission regarding everything of substance that happened at the meeting. Mr. Altmayer said his general advice is to discourage having detailed presentations outside of the public arena. Mr. Lambert told the Commissioners it was their individual choice on what they would like to do. Chairperson Brathwaite encouraged the Commission to attend the League of California Cities Conference. PUBLIC BUSINESS FROM THE FLOOR There was no public business from the floor. ADJOURNMENT A motion was made by Commissioner adjourn the meeting to December 3, 1 meeting was adjourned at 10:12 p.m. Planning pl ngcom\ 11-19min.lep Killmeyer and seconded by Commissioner Hoback to )96. The motion was passed by a vote of 5-0 and the ouis Brathwaite4Ch person Planning Commission MINUTES OF THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA Tuesday March 18, 1997 7:00 p.m. CALL TO ORDER The meeting of the Planning Commission of the City of Santa Clarita was called to order by Chairperson Brathwaite at 7:03 p.m. in the Council Chambers, at 23920 Valencia Boulevard, First Floor, Santa Clarita, California. FLAG SALUTE The Pledge of Allegiance to the flag was led by Junior Girl Scout Troop #657 of Cedar Creek Elementary School. ROLL CALL The secretary called the roll. Those present were Chairperson Brathwaite and Commissioners Cherrington, Hoback, Berger and Killmeyer. Also present were Jeffrey Lambert, Planning Manager; Glenn Adamick, Economic Development Associate; Jeffrey Hogan, Planning Technician; Cindy Chau, Planning Technician; Christopher Cheleden, Assistant City Attorney; and Lori Powell, secretary. Chairperson Brathwaite asked the Commissioners if there were any objections to hearing Item 2 before Item 1. There were none and Item 2 was called first on the Agenda. ITEM 2 MASTER CASE NUMBER 97-030 (MINOR USE PERMIT 97.001, RESOLUTION NUMBER 97-05) The staff report and brief slide presentation were given by Jeffrey Hogan, Planning Technician. Commissioner Killmeyer asked if the Church of Religious Science had been contacted regarding this project. Mr. Hogan said yes. The residents of the Las Flores Apartments were also contacted. Commissioner Berger asked about noise. Mr. Hogan said there would be sufficient buffer. The Hearing was opened at 7:13 p.m. The first speakers were Lou Alfano and his partner, Tom Trikilis, 24816 Eilat Street; Woodland Hills. They are the owners of Juggles Restaurant. Mr. Trikilis said this will be a fun restaurant featuring magic. Commissioner Cherrington asked for clarification on the entrances to the building. This was given by Mr. Alfano. Mr. Jerry Gladbach, 24457 Mockingbird Court, Valencia. Mr. Gladbach spoke on behalf of the owners of the building. They support staffs recommendation to approve this project. The Hearing was closed at 7:19 p.m. A motion was made by Commissioner Cherrington and seconded by Commissioner Killmeyer to adopt Resolution P97-05 approving Minor Use Permit 97-001, subject to the conditions of approval. Said motion was carried by a vote of 5-0. CONTINUED PUBLIC HEARINGS ITEM 1 CHANGES - ADULT BUSINESS REQUIREMENTS RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL FOR AMENDING THE REGULATIONS ON ADULT BUSINESSES IN THE UNIFIED DEVELOPMENT CODE, AMENDING THE SANTA CLARITA MUNICIPAL CODE TO ADD AN ADULT BUSINESS LICENSE, AND ADOPTING RESOLUTION NUMBER P97-04 AND A NEGATIVE DECLARATION FOR THESE AMENDMENTS The staff report was given by Jeffrey Hogan. Mr. Hogan stated because of legislation upheld by the United States Supreme Court; it was necessary to modify the Adult Business Ordinance to reflect the new state law that prohibits news racks from displaying material which is harmful to minors. Commissioner Cherrington said the League of California Cities had put together a model ordinance. He said our ordinance was very similar to it. Commissioner Cherrington stated there was no mention of vending machines in the ordinance. He asked if they could be included. Commissioner Killmeyer asked about pre-existing legal uses. Mr. Hogan said there was one within the City, the Fun Zone, on Soledad Canyon Road. Commissioner Mllmeyer was also concerned about paragraph (c) on page 20. Mr. Adamick explained that if an application is approved and a few months.later the business is not within compliance, the City has the ability to revoke the license. Commissioner Hoback inquired as to how much area was needed in order to be in compliance with the law. Commissioner Hoback felt that some of the areas chosen were already experiencing problems such as crime and this would create more problems. She felt the people in these areas would not have a voice. Mr. Hogan explained why the areas chosen would be a better location than most. He noted that some of the land was vacant and would be expensive to purchase and costly to develop. Access would also be difficult. With reference to signage, Mr. Adamick said the City would be able to disallow anything that would be considered offensive. Commissioner Hoback said she did not see anything in the ordinance requiring the owner to check identification to make sure no minors were admitted. Mr. Hogan said language could be added to the ordinance. Commissioner Berger said one area located near Race Street concerned him because it was near an intersection that is a truck stop intersection. He wondered why the area did not include the section higher up on Sierra Highway. Mr. Hogan said after research was done, it was found there were residential areas in that section. Commissioner Cherrington wanted the League . of California Cities illumination clause (Article 3, Section R-301, Item J) incorporated into the City's ordinance. He felt the best place to add this section would be on page 24, paragraph (8).He also wanted to include the specifications for Private Viewing Area into the Individual Viewing Area specifications. Commissioner Cherrington believed the words "and monitoring equipment" should be added to (17) (d) on page 25. On page 27, (22), Commissioner Cherrington felt this would be the appropriate place to make reference to vending machines. Commissioner Cherrington also brought up Juice Bars. The definition of a Juice Bar is an establishment that has nude entertainment but no alcoholic beverages. Mr. Adamick said juice bars would be covered under the cabaret definition. The Public Hearing was opened at 8:25 p.m. Those making general comments were Laurie Kendall, Sandra Pierce, Mike Lamont, Janice Gentry and Gregg Gentry. Some of the concerns expressed by the speakers were signage, billboards, video production companies, closeness to schools and churches, depreciation of home values, prostitution and an increase in crime. Mr. Adamick addressed the issues and concerns brought up by the speakers. The Public Hearing was closed at 8:46 p.m. Mr. Cheleden explained amortization and what the legal implications of that option would be. Commissioner Cherrington said he did not favor a reduction in sites. He said the pre-existing legal designation was consistent with the Unified Development Code. He said he would support the ordinance as presented as long as it included the changes made by the Commission. A motion was made by Commissioner Berger to adopt Resolution 97-04 recommending approval of the Adult Business Ordinance and Negative Declaration to the City Council as amended by the Commission. Said motion was seconded by Commissioner Killmeyer and the motion was approved by a vote of 5-0. DIRECTOR'S REPORT There was no Director's Report given. PLANNING COMMISSIONERS REPORTS There was no Planning Commissioners reports. PUBLIC BUSINESS FROM THE FLOOR Anna Licota, 21424 Brier Way, Santa Clarita. Ms. Licota was speaking as the president of the Greenbrier Estates Homeowners Association. She was speaking regarding the Santa Clarita Arena Soccer Field. She gave staff a petition signed by residents of Green Brier Estates. They are requesting that the renewal of the permit for the soccer field be denied. She stated the soccer field has caused many problems which include noise, lights, and the devaluation of their property. Ms. Licota wanted the Commission to study the complaints. Chairperson Brathwaite explained that the Commission could not take any action at this time but this matter would be turned over to staff to investigate. Lou Timchak, 21440 Brier Way, Santa Clarita. Mr. Timchak is a resident of Green Brier Estates. He said sometimes the games are played until 1 a.m in the morning. Other concerns he had were with the noise and lighting. He asked for the help of the Commission. Chairperson Brathwaite suggested that the speakers get in touch with Mr. Lambert after the meeting to set up an appointment to discuss the matter. John Mumaw, 21434 Brier Way,. Santa Clarita. Mr. Mumaw said residents did not receive notification, only the property owners. He also asked. for the help of the Commission in solving this issue. Commissioner Berger asked how this issue might be mitigated. Mr. Mumaw said a sound wall could be built, something needs to be done to stop the lights from shining directly into resident's homes and the hours of operation could be limited. Mr. Lambert said this particular item is up for renewal in April. He said staff would review this case and take into consideration the issues and concerns that were brought up by the residents. A motion was made by Commissioner Cherrington to adjourn the meeting to April 1, 1997. Said motion was seconded by Commissioner Kilbneyer and passed by a vote of 5-0. The meeting was adjourned at 9:13 p.m. _ Louis Brathwaite, Chairperson Planning Commission 'Ken Pulskamp, Secretar�t/ Planning Commission / pingeom\3-18min.lep 4 CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING REGARDING THE CITY OF SANTA CLARITA AMENDING THE SANTA CLARITA UNIFIED DEVELOPMENT CODE AND SANTA CLARITA MUNICIPAL CODE IN REGARD TO THE REGULATIONS PERTAINING TO ADULT BUSINESSES AND ADOPTING THE NEGATIVE DECLARATION FOR THESE AMENDMENTS. PUBLIC NOTICE IS HEREBY GIVEN: A Public Hearing will be held before the City Council of the City of Santa Clarita regarding an amendment to the Santa Clarita Unified Development Code and Santa Clarita Municipal Code in regard to the regulations pertaining to adult businesses, associated fees, and adopting the negative declaration for these amendments. The Project location is citywide. Master Case 96-217, UDC Amendment 96-002. The hearing will be held by the City Council of the City of Santa Clarita in the City Hall Council Chambers, 23920 Valencia Blvd., 1st Floor, Santa Clarita, the 27th day of May, 1997, at or after 6:30 p.m. Proponents, opponents, and any interested persons may appear and be heard on this matter during the public hearing. Further information may be obtained by contacting the City Clerks office at (805) 255-4391, Santa Clarita City Hall, 23920 Valencia Boulevard, Suite 301, Santa Clarita, California. If you wish to challenge the action taken on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Clarita at, or prior to, the public hearing. Sharon L. Dawson, CMC City Clerk Dated: April 3, 1997 Publish Date: May 1, 1997 eux Whna&t.g CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING REGARDING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA AMENDING THE SANTA CLARITA UNIFIED DEVELOPMENT CODE AND SANTA CLARITA MUNICIPAL CODE TO ESTABLISH AN ADULT BUSINESS USE PERMIT FEE, PUBLIC NOTICE IS HEREBY GIVEN: A Public Hearing will be held before the City Council of the City of Santa Clarita regarding an amendment to the Santa Clarita Unified Development Code and Santa Clarita Municipal Code in regard to establish an adult business use permit fee. The proposed fee for the adult business use permit will be six hundred and seventy-five dollars. The proposed fee was determined by the amount of time that would be needed by City staff in order to prepare and process an adult business use permit application. The hearing will be held by the City Council of the City of Santa Clarita in the City Hall Council Chambers, 23920 Valencia Blvd., 1st Floor, Santa Clarita, the 27th day of May, 1997, at or after 6:30 p.m. Proponents, opponents, and any interested persons may appear and be heard on this matter during the public hearing. Further information may be obtained by contacting the City Clerks office at (805) 255-4391, Santa Clarita City Hall, 23920 Valencia Boulevard, Suite 301, Santa Clarita, California. Sharon L. Dawson, CMC City Clerk Dated: May 1, 1997 Publish Date: May 5, 1997 cmreot\feenoejwh CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING REGARDING THE CITY OF SANTA CLARITA, AMENDING THE SANTA CLARITA MUNICIPAL CODE, BY ADOPTING REGULATIONS PERTAINING TO TATTOO PARLORS AND PAWN SHOPS IN THE UNIFIED DEVELOPMENT CODE. PUBLIC NOTICE IS HEREBY GIVEN - A Public Hearing will be held before the City Council of the City of Santa Clarita regarding an amendment to the Santa Clarita Unified Development Code and Santa Clarita Municipal Code in regard to the regulations pertaining to tattoo parlors and pawn shops. The Project location is citywide. Master Case 96-177, UDC Amendment 96-001. The hearing will be held by the City Council of the City of Santa Clarita in the City Hall Council Chambers, 23920 Valencia Blvd., 1st Floor, Santa Clarita, the 27th day of May, 1997, at or after 6:30 p.m. Proponents, opponents, and any interested persons may appear and be heard on this matter during the public hearing. Further information may be obtained by contacting the City Clerks office at (805) 255-4391, Santa Clarita City Hall, 23920 Valencia Boulevard, Suite 301, Santa Clarita, California. If you wish to challenge the action taken on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Clarita at, or prior to; the public hearing. Sharon L. Dawson, CMC City Clerk Dated: . April 3, 1997 Publish Date: May 1, 1997 ..waft\hou jwh