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HomeMy WebLinkAbout1998-02-10 - ORDINANCES - ADULT BUSINESS USE (2)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 loth day of February , 19_9$ ,. 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. 98-3 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 27th day of January 19 L8_. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 10th day of _ February 19 98 by the following vote, to wit: AYES: COUNCIIMEMBERS : Darcy, Smyth, Klajic NOES: COUNCILMEMBERS : Boyer, Heidt ABSENT: COUNCILMEMBERS : None "V u+^- CITY CLERK CURRENTV.DLTORD.JE3