HomeMy WebLinkAbout1997-06-24 - AGENDA REPORTS - ADULT BUSINESS (2)AGENDA REPORT
City ger Ap val
Item to be presented by:
Carl Newton
NEW BUSINESS
DATE: June 24, 1997
SUBJECT: PROPOSED OPTIONS FOR AN AMENDMENT TO THE CITY'S RECENTLY
ADOPTED ADULT BUSINESS ORDINANCE REGARDING PRE-EXISTING
LEGAL ADULT BUSINESS USES.
DEPARTMENT: Community Development
BACKGROUND
At the meeting of June 10, 1997 the City Council waived further reading and approved the Adult
Business Ordinance. However, during this meeting the City Council requested and directed the
City Attorney and staff to further research the possibility of amending the pre-existing legal use
section of the Ordinance to include an amortization period for existing adult businesses to comply
with all the current regulations.
Although the most conservative legal course would be to.not apply the Ordinance to pre-existing
businesses, as per the City Council's request, the City Attorney has prepared and enclosed a draft
amendment to the Adult Business Ordinance which mandates compliance for pre-existing adult
businesses, but also respects the property interests of the business owner.
Essentially, this amendment provides for an amortization period of two (2) years for existing
businesses. or businesses annexed into the City to comply with the Ordinance's performance
standards and provides for an amortization period of five (5) years for existing businesses to comply
with the locational requirements. In addition, the amendment requires that existing businesses
must comply with all business licensing requirements within two (2) years. The proposed
amendment will allow the City to regulate the existing businesses, while at the same time
potentially not compromise the legal defensibility of the entire Ordinance.
RECOMMENDATION
Discuss and provide direction to the attorneys and staff for further action regarding the pre-existing
legal use section of the Adult Business Ordinance. If an amendment to the ordinance is desired by
Council, further action would be to direct staff to present the amendment to the Planning
Commission for recommendation of approval to the City Council.
ATTACHMENTS
A draft amendment to the Adult Business Ordinance regarding pre-existing legal uses
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ORDINANCE NO. 97 -
AN ORDINANCE OF THE CITY OF SANTA CLARITA,
LOS ANGELES COUNTY, CALIFORNIA RELATING TO
ADULT USE BUSINESSES AMENDING CHAPTER
17.17.050(3) AND SECTION 11.70.140 (A) OF THE
SANTA CLARITA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, Los Angeles
County, California, does ORDAIN as follows:
Section One. Chapter 17.17.050 (3) of the Santa Clarita
Municipal Code is hereby amended to read as follows:
"3. PRE-EXISTING LEGAL NON -CONFORMING USE
A. All design and performance standards set forth in
Chapter 17.17.050(9) and locational and distance
requirements set forth in Chapter 17.17.050(4) are deemed to
be necessary for the protection of the public health,
safety, and welfare and shall be applicable and govern all
existing and proposed Adult Businesses and shall immediately
apply to any proposed Adult Business upon adoption and
passage of this Chapter.
B. In the event that there is any Adult Business lawfully
in existence prior to the adoption of this Chapter that is
not in compliance with the design and performance standards
of Chapter 17.17.050(9), any such Adult Business shall be
considered a legal nonconforming use and shall conform to
all design and performance standards within two (2) years of
the effective date of this Chapter.
C. In the event that there isanyAdult Business lawfully
in existence prior to the adoption of this Chapter that is
not in compliance with the locational and distance
requirements of Chapter 17.17.050(9), any such Adult
Business shall be considered a legal nonconforming use and
shall conform to all standards within five (5) years of the
effective date of this Chapter.
D. Any Adult Business which was a legal use at the time of
annexation of the Property into the City but which is a
nonconforming use after annexation shall be subject -to the
same time requirements as indicated in sections (B) and (C)
above, starting from the date of annexation.
E. Any discontinuance or abandonment of the use of any lot
or structure as an Adult Business shall result in a loss of
legal nonconforming status. Any nonconforming use lawfully
in existence prior to the adoption of this Chapter may be
continued, except as provided in this Article, provided that
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the use shall not be increased, enlarged, extended, or
altered. Upon the conclusion of the amortization period,
any Adult Business which is a non -conforming use shall cease
all business operations and all signs, advertising, and
displays relating to said business shall be removed within
thirty (30) days.
F. An application for extension of the amortization period
for an Adult Business which is a nonconforming use shall be
made as provided herein.
(1) The owner of the property on which an Adult
Business is located or the owner of the Adult
Business who desires to extend the applicable
amortization period must apply for approval of an
extension not later than six (6) months prior to
expiration of the amortization period, unless the
City Manager or his designee determines that good
cause is shown for late filing of the application.
Such application shall be made in writing on a
form as prescribed by.the City and shall be
accompanied by the required fee as established by
Resolution of the City Council. The party
requesting the extension of the amortization
period shall bear the burden of proof in
establishing that the amortization period is
unreasonable and that the requested extension is a
reasonable amortization period for the owner to
receive a fair rate of return on the investment in
the business. The party applying for the
extension shall furthermore be required in order
to meet its burden of proof to submit the
documentation set forth in this Section.
(2) Not later than thirty (30) days after submittal of
an application to extend the amortization period,
the City Manager or his designee shall notify the
applicant, in writing, if the application is not
complete. A complete application shall include:
(a) The applicant's signature;
(b) A written request for an extension of the
amortization period which shall include
information relevant to the factors listed in
subsection (f) below and shall identify the
term of the requested extension;
(c) The required fees;
(d) A mailing list and a set of gummed labels
attached to envelopes with first-class
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postage fully paid thereon with the names,
addresses, and tax assessor parcel numbers of
all owners of real property within a radius
of three -hundred feet (3001) from -the
external boundaries of the property on which
the Adult Business is located; and,
(e) A tax assessor's parcel map identifying the
properties to be notified within the
three -hundred foot (3001) radius.
If the application is not complete, the City Manager
shall specify in writing those parts which are incomplete
and shall identify the manner by which the application can
be made complete. If a written determination is not
provided to the applicant within thirty (30) calendar days
after it is submitted, the application shall be deemed
complete.
(G) The Planning Commission shall hold a noticed public
hearing on the request for an extension.
(H) Criteria and Findings. In determining whether to grant
an extension of the amortization period for an Adult -
Oriented Business which is a nonconforming use, and in
determining the appropriate length of such an extension, the
Planning Commission shall consider the amount of investment
in the business, the opportunities for relocation to a
legally permissible site, the costs of relocation, the
effects of the business on the surrounding area, and the
following additional factors:
(1) The present actual and depreciated value of
business improvements;
(2) The applicable Internal Revenue Service
depreciation schedule or functional
non -confidential equivalents;
(3) The remaining useful life of the business
improvements;
(4) The remaining lease term;
(5) The ability of the business and/or land owner to
change the use to a conforming use; and,
(6) The date upon which the property owner and/or
business operator received notice of the
non -conforming status of the Adult Business and
the amortization requirements.
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(I) The Planning Commission, or City Council on appeal,
shall receive and consider evidence presented by the
applicant and any other persons, and shall make findings
that the amortization period it establishes is reasonable in
view of the evidence and the criteria set forth above.
Section Two. Chapter 11.70.140(A) of the Santa Clarita
Municipal Code is hereby amended to read as follows:
"11.70.140 PRE-EXISTING LEGAL USE
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 for a period of two (2) years without
compliance with this Chapter, as long as such pre-existing
legal use shall not change in ownership, size, or is
alternated or modified in any way. 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."
Section Three. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, is for
any reasons -held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have
adopted this Ordinance, and each section, subsection,
subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or
portions thereof be declared invalid or unconstitutional.
Section Four. The City Clerk shall certify to the adoption
of this. Ordinance and shall cause the same to be published as
required by law.
PASSED, APPROVED, AND ADOPTED this day of
, 1997.
ATTEST:
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City Clerk
APPROVED AS TO FORM:
City Attorney
AYES:
COUNCIL
MEMBERS:
NOES:
COUNCIL
MEMBERS:
ABSENT:
COUNCIL
MEMBERS:
ABSTAIN:
COUNCIL
MEMBERS:
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CITY CLERK