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HomeMy WebLinkAboutAGENDA REPORT 1993 0407 CC REG ITEM 11It /0ORPARK, CALIF ��'�EM C;ty Councl'I MeQ Ong y/ 7 199:2- .:T N: cz y _ AGENDA REPORT TO: The Honorable City Council FROM: Jaime Aguilera, Director of Community Development Jam_ Paul Porter, Senior Planner DATE: March 23, 1993 (CC meeting of April 7, 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, 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. Discussion 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 PP03:23:9314:17PmA:\CC6.MEM 1 January 17, 1992, that the City's Ordinance which allows only one small area in the City to have an Adult Business is overly 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. Notwithstanding our own City Attorney's opinion, staff contacted the City of Lancaster as suggested by the City Council. Mr. Brian Holly, Director of Community Development stated that Lancaster occupies an area over 100 square miles and that their ordinance which was created by the National Law Center, allows between 27 and 30 sites to be used as locations for adult businesses. He indicated that although they require a 1,500 ft. separation from schools, residences, etc, that the National Law Center emphasized that the distance did not matter as much as the fact that the City should have a "sufficient" amount of sites available for adult businesses. 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: Review the draft ordinance. Attachment: 1. Ordinance with attachment PP03 :23 :9314:17pmA : \CC6.NE9 2 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 PP03:23:9319:17pmA:\CC6.MEM 3 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 FACILITIES /BUSINESSES 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. B. 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 of fect 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 1. 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. 2. 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 PP03:23:9314:17pmA:\CC6.MBM 4 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. "Material" - relative to adult businesses, means and includes but is not limited to accessories, books, magazines, PP03:13:93 14:17poA: \CC6.KEK 5 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 PP03 :23 :93 19:17pmA:\CC6.XBX 6 approved by the City Council; B. No Adult Business shall be granted a Conditional Use Permit unless all of the following criteria can be met: 1. Is classified in the CPD (Commercial Planned Development) zone, 2. Is not within one thousand (1,000) feet of any lot classified in any of the R (Residential) zones, 3. Is not within one thousand (1,000) feet of any lot upon which there is located another adult business, 4. Is not within one thousand (1,000) feet of any lot upon which there is located a church, educational institution, 5. Is not within one thousand (1,000) feet of any lot upon which there is located a business with a type 40, 42, 48 or 61 on -sale alcoholic beverage license, and 6. Is not within one thousand (1,000) feet upon which there is located a city - owned, 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}). PP03:23:93 14:17pmA: \CC6.KRM 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 PP03-23:9314:1 7pmA: \CC6.jaN 8