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HomeMy WebLinkAbout1998-01-27 - AGENDA REPORTS - ADULT BUSINESS USES ORD 98 3 (2)AGENDA REPORT City Manager Approw Item to be presented by:` Jeff Hogan PUBLIC HEARING DATE: January 27, 1998 SUBJECT: PROPOSED AMENDMENT TO THE ADULT BUSINESS ORDINANCE REGARDING PRE-EXISTING LEGAL ADULT BUSINESS USES. RESOLUTION 98-6 ORDINANCE 98-3 DEPARTMENT: Planning & Building Services Department RECOMMENDED ACTIO Deny the proposed amendment to the Adult Business Ordinance regarding pre-existing legal uses; this recommendation is based upon the City Attorney's concern that any further restrictions may compromise the legal defensibility of the entire Ordinance. 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. Staff and the City Attorney returned to the City Council on June 24, 1997, with a proposed amendment to the Adult Business Ordinance which mandates compliance for pre-existing adult businesses. Essentially, the City Attorney presented and drafted an amendment (Exhibit A) that provided 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 i.e., all interior areas of the business shall be sufficiently illuminated during all hours of operation, and no exterior doors or windows on the premises shall be open at any time. This proposal also provided for an amortization period of five (5) years for existing businesses to comply with the locational requirements i.e., all adult businesses will be required to have a 1000' buffer from 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. In addition, the amendment requires that existing businesses must comply with all business licensing requirements within two (2) years. The City Attorney's draft amendment would allow the City to regulate the existing adult businesses. However, the City Attorney believes the proposed amendment may compromise the legal defensibility of the entire Adult Business Ordinance and still recommends that the Adult Business Ordinance remain as is. As a result of the June 24, 1997 meeting, the City Council directed staff and the City Attorney to present this amortization amendment option to the Planning Commission for review. Adopted.. 1R050 9�- Agenda Item: e (9Q.n k�-3 �ass� s�Co�'� �i4DrnlG On October 7,1997, the Planning Commission reviewed the amendment proposal and recommended approval to the City Council for an amendment to the Adult Business Ordinance pertaining to pre- existing legal adult business uses. In addition, Councilmembers at the June 10, 1997 City Council meeting requested staff, the Planning Commission and the City Attorney to research the possibility of excluding two of the four areas where adult businesses can operate. The two proposed excluded areas are in the vicinity of the Bouquet/Soledad intersection and the area west of Sierra Highway just south of San Fernando Road. This would be a 4.6 % site reduction. This reduction could substantially increase the risk that the City's Adult Business Ordinance would be struck down in court due to an inadequate number of sites available. As a result, the Planning Commission did not recommend that the Council reduce the number of available sites. ALTERNATIVE ACTIONS 1. The Planning Commission recommends to adopt Resolution No. 98-6, adopting a negative declaration for the pre-existing legal adult business use amendment. And introduce Ordinance No. 98-3 and pass to a second reading establishing a pre-existing legal adult business use amendment. FISCAL IMPACT None by this action. ATTACHMENTS Ordinance 98-3 Resolution 98-6 Negative Declaration Initial Study (Available for review in City Clerk's file) Planning Commission Minutes (Available for review in City Clerk's file) Public Notices (Available for review in City Clerk's file) Available Adult Business Site Map (Available for review in City Clerk's file) JJL:JWH:lep c.0 I haremtlji h 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 PRE-EXISTING LEGAL ADULT BUSINESS USES AND ADOPTING THE NEGATIVE DECLARATION FOR THIS AMENDMENT. 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 pre-existing legal adult business uses and adopting the negative declaration for these amendments. The Project location is citywide. Master Case 97-133, UDC Amendment 97-002. 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 January, 1998, 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: December 11, 1997 Publish Date. December 29, 1998 current\notadamJwh ORDINANCE NO. 98-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,. CALIFORNIA PROVIDING AN AMENDMENT PERTAINING TO THE PRE-EXISTING LEGAL ADULT BUSINESS USE SECTIONS OF THE ADULT BUSINESS ORDINANCE. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS FOLLOWS: SECTION ONE. Section 3 PRE-EXISTING LEGAL USE of Chapter 17.17.050 ADULT BUSINESS REGULATIONS of the Santa Clarita Unified Development Code is hereby amended to read as follows: 3. PRE-EXISTING LEGAL 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 is any Adult Business lawfully in existence prior to the adoption of the 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 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 the use shall not.be increased, enlarged,extendedd, 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 (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 postage fully paid thereon with the names, addresses, and taxassessorr parcel numbers of all owners of real property within a radius of three -hundred (300) 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 (300') 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 (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. (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. (J) 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. SECTION TWO. Chapter 11.70.140 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." 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. SECTION THREE. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any 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 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— I 19_. TO In TOM 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 119— by 19 by the following vote, to wit: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS CITY CLERK CURRENT\ADLTORD.JES CITY OF SANTA CLARITA NEGATIVE DECLARATION [ ] Proposed [X] Final MASTER CASE NO: 97-133 PERMIT/PROJECT NAME: Unified Development Code Amendment 97-002 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 [I 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 Approved Jennifer Reid, Associate Planner (NamelTitle) Public Review Period From August 25. 1997 To September 15 1997. Public Notice Given On Aueust 25. 1997 By: [X] Legal Advertisement [ ] Posting of Properties [ ] Written Notice CERTIFICATION DATE: current\ndad1t3jwh Page 25:\co\cUPAFNPWUADLv..riie RESOLUTION NO. 98-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING THE NEGATIVE DECLARATION PREPARED FOR THE PRE-EXISTING LEGAL ADULT BUSINESS USE ORDINANCE NO. 98-3 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 law and local guidelines. D. Based upon foregoing facts and findings, the City Council hereby determines that a Negative Declaration is in compliance with CEQA and that the proposed project will not have a significant effect on the environment. E. That the meeting of June 24,1996 the City Council directed staff to prepare an amendment to the Adult Business Ordinance pertaining to pre-existing legal adult business uses 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 ..H\m.97121jwh