HomeMy WebLinkAboutAGENDA REPORT 1993 0512 CC ADJ ITEM 11A''l2PARK, CA! IFO ITEM / / A
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AGENDA REPORT 0424919 „i
TO: The Honorable City Council rl
FROM: Jaime Aguilera, Director of Commonty4
Paul Porter, Senior Planner
DATE: April 22, 1993 (CC meeting of May 5, 1993)
SUBJECT: ADULT ENTERTAINMENT FACILITIES/BUSINESSES ORDINANCE
Background
This matter was first heard by the Planning Commission at a duly
noticed public hearing on February 3, 1992. The hearing was
continued to February 18, 1992 at the request of the Planning
Commission to allow them the opportunity to review similar
ordinances from surrounding jurisdictions, prior to their making a
recommendation to the City Council. This matter which was
scheduled to be heard by the City Coucil at a public hearing on
December 16, 1992 was subsequently continued to January 6, 1993.
On January 6, 1993, the City Council heard this matter at a public
hearing and directed staff to make several changes to the proposed
Ordinance. These changes were completed and given to the City
Council on March 3, 1993.
The Ordinance presented to the City Council on March 3, 1993
increased distances from 1,000 feet to 1,500 feet from sensitive
uses such as: 1) any of the R (Residential) zones; 2) another
adult business; 3) any lot upon which there is located a church
or educational institution; 4) any lot upon which there is
located a business with a type 40, 42, 48 or 61 on -sale alcoholic
beverage license; and 5) and 1,500 feet from where there is
located a city -owned, operated and maintained existing or planned
park. With the increased distances, the only remaining area of the
City available for Adult Businesses is located at the southwest
intersection of the Freeway (23) and New Los Angeles Avenue.
Previously, the City Attorney commented that the distance from
sensitive use is not necessarily the criteria used in determining
whether Adult Business Ordinances can withstand a legal challenge,
but that jurisdictions must have a sufficient number of parcels
available for such uses.
On March 22, 1993, the Community Development Committee discussed
this issue. It was the opinion of the Community Development
Committee and staff in light of our City Attorney's opinion dated
January 17, 1992, that the City's Ordinance which allows only one
small area in the City to have an Adult Business is overly
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restrictive and would cause to City to lose a court challenge. The
Committee recommended that the Ordinance originally supported by
the Planning Commission and the Committee be adopted.
The City Council reviewed the Ordinance again on 4/21/93 and
discussed the distance issue. It was staff's understanding that
the Council wished the item rescheduled to the meeting of 5/5/93
with the distances shown at 1,500 feet. The attached draft
Ordinance reflects these changes.
If the City Council after discussion decides to introduce the
Ordinance as attached, then the Council should: 1) Determine that
this ordinance is exempt from CEQA on the basis of Section No.
15061(b)(3) of the CEQA State Guidelines in the proposed ordinance
does not have the potential for causing a significant effect on the
environment, and 2) Determine that the regulation of "adult
businesses" through a Conditional Use Permit process is required
for the preservation of the integrity of existing commercial and
residential areas within close proximity thereto, is in the public
interest, would promote the general welfare of the community, and
that the attached draft ordinance regulating adult businesses be
adopted.
Recommendation:
Direct staff as deemed appropriate.
Attachment:
Ordinance
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ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA AMENDING ZONING ORDINANCE NO. 137 BY ADDING ADULT
ENTERTAINMENT FACILITIES / BUSINESSES REGULATIONS
WHEREAS, at duly noticed public hearing on January 6, 1993,
the City Council considered Amendment to Ordinance No. 137
establishing "Adult Entertainment Facilities/Businesses"
regulations for the purpose of creating a comprehensive set of
requirements applicable to adult businesses and related uses; and
WHEREAS, at its meeting of January 6, the City Council opened
the public hearing and closed the public hearing; and
WHEREAS, the City Council after review and consideration of
the information contained in the Planing Commission Staff Reports
dated December 20, 1992, February 11, 1993, the City Council Staff
Reports dated November 18, 1992, February 18, 1993, and March 23,
1993, has reached its decision on this matter; and
Whereas, the City Council has determined that the proposed
ordinance is exempt from CEQA on the basis of Section No. 15061 (b)
(3) of the State CEQA Guidelines as the proposed ordinance does not
have the potential for causing a significant effect on the
environment; and
WHEREAS, the City Council is of the opinion that the
regulation of "adult businesses" is required for the preservation
of the integrity of existing commercial and residential areas
within close proximity thereto, in the public interest and would
promote the general welfare of the community; and
WHEREAS, the City Council has determined that the proposed adult
business regulations shall be made a part of the City's Zoning
Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council determined that the proposed
ordinance is exempt from CEQA on the basis of Section No. 15061 (b)
(3) of the State CEQA Guidelines as the proposed ordinance does not
have the potential for causing a significant effect on the
environment
SECTION 2. The City Council after review and consideration
of the information contained in the Planing Commission Staff
Reports dated December 20, 1992, February 11, 1993, the City
Council Staff Reports dated November 18, 1992, February 18, 1993,
and March 23, 1993, has determined that the regulation of "adult
businesses" is required for the preservation of the integrity of
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existing commercial and residential areas within close proximity
thereto, is in the public interest, would promote the general
welfare of the community, and that the regulations as stated herein
regulating adult businesses be adopted.
SECTION 3. The regulations are as follows:
ARTICLE 17 - ADULT ENTERTAINMENT FACILITIEWBUSINESSES ORDINANCE
Section 8117-0 - Purpose
A. The purpose of adoption of these provisions of this chapter is
to establish a comprehensive set of regulations applicable to
adult businesses and similar related uses.
In adopting this article, it is recognized that certain types
of adult businesses possess objectionable operational
characteristics which can have a deleterious effect upon
adjacent areas. It is also recognized that locating the adult
entertainment facilities covered by this article in the
vicinity of facilities frequented by minors will cause the
exposure of minors to adult material which, because of their
immaturity, may adversely affect them. Many persons are
offended by the public display of certain sexual material and
as such, special regulation of these uses are necessary to
ensure that these adverse effects will not contribute to the
blighting or downgrading of the surrounding neighborhood or
have an adverse effect on minors (Patrick J. Rohan, Zoning and
Land Use Controls, Chapter II, Adult Entertainment Zoning,
1979, pp 11-1 thru 11-92, Mathew Bender, Pub., it is noted
that in the Young vs. American Mini Theaters (Detroit) case
record, a sociologist, Dr. Mel Ravitz, had testified prior to
the adoption of the ordinance, that concentrations of adult
uses have deleterious effects on neighboring areas).
Section 8117-1 - Definitions
Adult Arcade - An establishment where, for any form of
consideration, one or more motion picture projectors, slide
projectors, or similar machines for viewing of two or fewer
persons each are used to show films, motion pictures, video
cassettes, slides, or other photographic reproductions that
are characterized by the emphasis upon the depiction or
description of specified sexual activities or specified
anatomical areas.
Adult Book Store - means an commercial establishment that has
ten percent or more of its stock in books, magazines,
photographs, drawings, motion pictures, films or other visual
representations which is distinguished or characterized by its
emphasis on matter depicting, describing, or related to
specific sexual activity of specified anatomical areas such as
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intercourse, homosexual acts, masturbation, fellatio,
cunnilingus, bestiality, sodomy, sadomasochistic abuse or
other sexual excitement or sexual conduct.
3. Adult Business - means any business which is conducted
exclusively for the patronage of adults, and as to which
minors are specifically excluded for patronage thereat, either
by law or by the operators of such business. "Adult business"
shall also mean and include adult book stores, adult theaters,
massage parlors, modeling studios, adult hotel/motels, adult
cabaret, adult arcade, sexual encounter establishment, but not
including those uses or activities and regulations which are
pre-empted by State law.
Adult Cabaret - A nightclub, bar, restaurant, or similar
establishment that regularly features live performances that
are characterized by the exposure of specified anatomical
areas or by other specified sexual activities, or films,
motion pictures, video cassettes, slides or other photographic
reproductions in which a substantial portion of the total
presentation time is devoted to the showing'of material that
is characterized by the emphasis upon the depiction or
description of specified sexual activities or specified
anatomical areas.
Sexual Encounter Establishment - 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 areas. This definition
does not include an establishment where a medical
practitioner, psychologist, psychiatrist, or similar
professional person licensed by the state engages in sexual
therapy.
Adult Hotel/Motel - means a hotel or motel which provides,
through closed circuit television, or other media, material
which is distinguished or characterized by the emphasis on
matter depicting or describing or related to specific sexual
activities or specified anatomical areas and which rents rooms
for a period of less than ten (10) hours.
Adult Theater - means a theater, concert hall, auditorium, or
similar establishment which presents motion pictures or slide
photographs for viewing of three or more people, which are
distinguished or characterized by their emphasis on matter
depicting, describing or related to specified sexual activity
or specified anatomical areas.
"Material" - relative to adult businesses, means and includes
but is not limited to accessories, books, magazines,
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photographs, prints, drawings, paintings, motion pictures and
pamphlets or any combination thereof.
9. Massage Parlor - means any establishment required to be
licensed pursuant to Chapter 5.48 of the Municipal Code.
10. Modeling Studio - means any establishment of 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 photography,
painting, sketching, drawing or other practical form.
This definition regarding modeling studios shall not apply to
any school of art operated by an individual, firm association,
partnership, corporation or institution which meets the
requirements established in the Education Code of the State of
California for issuance or conferring of a diploma.
11. "Specified anatomical areas" - means:
a. Less than completely and opaquely covered:
1. Human genitals, pubic region, or;
2. Buttocks, anus, or;
3. Female breasts below a point immediately above the
top of the areola, or;
4. Human male genitals in a discernible turgid state,
even if completely and/or opaquely covered.
12. "Specified sexual activities" - means:
1. Human genitals in a state of sexual stimulation or
arousal; and/or
2. Acts of human masturbation, sexual stimulation or
arousal, and/or
3. Fondling or other erotic touching of human
genitals, pubic regions, buttocks or female
breasts.
Section 8117-2 - Conditional Use Permit - Required
All uses subject to the provisions of this chapter shall
comply with all of the regulations contained in this title,
and the following regulations:
A. Prior to the establishing or conducting of any adult
business, a Conditional Use Permit therefor shall be
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approved by the City Council;
B. No Adult Business shall be granted a Conditional Use
Permit unless all of the following criteria can be mats
1. Is classified in the CPD (Commercial Planned
Development) zone,
2. Is not within one thousand^feet of
any lot classified in any of the R (Res dential)
zones,
3. Is not within one thousand {1,��"3tiOj feet of
any lot upon which there 3$ locatedanotheradult
business,
4. Is not within one thousan{889} - feet of
any lot upon which they is locate a church,
educational institution,
5. Is not within one thousand {3y8B0-} + - - I feet of
any lot upon which there is -located a us>_ness with
a type 40, 42, 48 or 61 on -sale alcoholic beverace
license, and
6. Is not within one thousand {iTBB&}� feet
upon which there is located a city-o e , operated
and maintained existing or planned park.
7. All other applicable codes contained within the
Municipal Code and the City's Zoning Ordinance
shall be adhered to.
The City shall render a decision on the Conditional Use Permit
within three months after the application for the Conditional
Use Permit is deemed complete.
Section 8117-3 Uses Prohibited
Adult Cabarets. Sexual Encounter Establishments and Adult
Hotel/Motels are prohibited from locating within the City.
Section 8117-4 - Abandonment of Nonconforming Uses
All Adult Businesses which were lawfully in existence as of
the effective date of this ordinance codified in this chapter,
and were rendered nonconforming by the application thereto of
the provisions of this chapter, shall be subject to abatement
in the times and manner set forth in Section 8113-5 of this
Zoning Ordinance (Other Nonconforming Uses {No longer
permitted}).
FX4 22r93/2r339 9k\ 9.I 7
SECTION 4. That if any section, subsection, sentence, clause,
phrase, or word of this Ordinance is for any reason held to be
invalid or unconstitutional by a court of competent jurisdiction,
such decision shall not affect the validity or constitutionality of
the remaining portions of the Ordinance. The City Council of the
City of Moorpark hereby declares that it would have passed and
adopted this Ordinance and each and all provisions thereof,
irrespective of the fact that any one or more of said provisions
may be declared to be invalid or unconstitutional.
PASSES AND ADOPTED at a regular meeting of the City Council of
the City of Moorpark on , by the following roll vote.
AYES:
NOES:
ABSENT:
Paul W. Lawrason, Jr.
City of Moorpark
ATTEST:
Lillian E. Hare
City Clerk
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