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HomeMy WebLinkAboutAGENDA REPORT 1992 1216 CC REG ITEM 09BITEM 9a, Bo MOORPARK C'111!777� 799 Moorpark Avenue Moorpark, California 93021 MEMORANDUM TO: The Honorable City Council - �SQ�;�ib8fiq 199 �`- ACTION: FROM: Jaime Aguilera, Director of Community Developmen-�O. Paul Porter, Senior Planner DATE: November 18, 1992 (CC meeting of December 16, 1992) 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. Staff had contacted the cities of Camarillo, Oxnard, Thousand Oaks, Simi Valley and Ventura for information relating to adult businesses. The cities of Oxnard and Camarillo are the only two cities that have an Adult Business Ordinance at this time; however, the City of Simi Valley is in the process of preparing an Ordinance. The Ordinances from both Oxnard and Camarillo have been previously provided to the Council. On March 2, 1992, the Planning Commission adopted Resolution No. PC 92 -258 recommending to the City Council that the regulation of adult businesses is required for 1) the preservation and integrity of existing commercial and residential areas within close proximity of such uses, 2) is in the public interest to regulate such uses and would promote the general health, safety and general welfare of the community. The Planning Commission recommends that the City Council approve the draft Ordinance as found attached to Planning Commission Resolution No. 92 -258. Discussion The Planning Commission staff report dated December 20, 1991 gives an overview of the types of approaches to the writing of Adult Ordinances and reasons for regulating adult businesses. The draft Ordinance as written requires a City Council approved Conditional Use Permit on the basis that a discretionary permit would allow staff, the Planning Commission and the City Council to review each request for an Adult Business and show: a) that the use will not have an adverse impact on the area, and b) that there is a demonstrated need for the use in that particular location. This analysis is consistent with the permit standards that are outlined in Section 8111 -2.1.2 of the City's Zoning Ordinance. PP11:18:92 /1:58PMA :\CC2.MEM 1 PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR, Mayor Mayor Pro Tern Councilmember Councilmember Councilmember Pnnied On RP Ion 0— The Planning Commission staff report dated February 11, 1992, addresses additional concerns regarding Adult Business Ordinances. As indicated in the Planning Commission staff report dated February 11, 1992 and as advised by our City Attorney (see City Attorney opinion which has been sent to you under separate cover), it is conceivable that a Conditional Use Permit may be denied by the City, which could potentially raise constitutional questions, as the First Amendment does not give government the right to restrict expression because of its message, ideas, subject matter, or content. Requiring a Conditional Use Permit, in theory may have the potential to require an applicant to demonstrate why he or she should be able to exercise his or her First Amendment rights. Since conditions may be imposed on Conditional Use Permits, potential adult business owners would not know the City's criteria required to operate an adult business prior to final approval of the permit. Another method for allowing adult businesses and at the same time protecting First Amendment rights would be to allow approval of adult businesses as long as the proposed use is: 1) within the proper zoning classification, 2) is the correct distance from other restricted uses such as residences, churches and schools, 3) has paid the appropriate fees such as Business Registration, 4) meets Building and Safety requirements, etc. As such, if the proposed adult business meets these criteria, City staff should have no other discretion as to whether or not an adult business may be located in the City and would be required to issue a permit to occupy. The Planning Commission discussed the two approaches to the establishment of an Adult /Businesses Ordinance at length. It was the Commission's determination that adult businesses, when located in a facility frequented by minors, or when concentrated, can have deleterious effect on adjacent residential and commercial areas and cause the exposure of minors to adult material which, because of their immaturity, may adversely affect them. Also, many persons are offended by the display of certain material and as such, special regulations of these uses are necessary within the City to insure that these adverse effects will not contribute to the blighting or the downgrading of the surrounding neighborhoods and have an adverse effect on minors. Therefore, the Planning Commission recommends that Adult Businesss be allowed in the Commercial Planned Development Zone with approval of a Conditional Use Permit and other required criteria such as minimum required distances from sensitive uses such a residences, churches, educational facilities, parks and facilities having an on -site sale alcoholic beverages are necessary to protect the health, safety, and general welfare of the community. PP11:18:92 /1:58pmA: \CC2.MEM 2 On November 17, 1992, the Community Development Committee ( Lawrason and Perez) met to review the proposed Ordinance and recommended that City Council approve the draft ordinance as written, with the exception that Section 1 -102 B 3 be changed as follows: 3. Is not within ene th..--,... -d tr d feet of any lot upon which there is located another adult business. The proposed change is in response to attorney Kane's comment that the Ordinance as proposed is too restrictive and may be found to be invalid. By reducing this requirement from 1,000 feet to 500 feet, the committee hopes to address this issue. Recommendations: 1. Open and close the public hearing. 2. 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. 3. 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. 4. Introduce the Ordinance for first reading. Attachments: 1. Planning Commission Resolution No. 92 -258 with attached Ordinance 2. Planning Commission staff report dated February 11, 1992 3. Planning Commission staff report dated December 20, 1992 4. Adult Business Ordinances from the City of Oxnard and Camarillo PP11:18:92 /1:58PMA: \CC2.MEM 3 RESOLUTION NO. 92 -258 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK RECOMMENDING TO THE CITY COUNCIL ADOPTION OF AN ADULT ENTERTAINMENT FACILITIES /BUSINESS ORDINANCE WHEREAS, at a duly noticed public hearing held on February 3, 1992 and February 18, 1992, the Planning Commission considered the establishment of an "Adult Entertainment Facilities /Businesses" Ordinance for the purpose of establishing a comprehensive set of regulations applicable to adult businesses and similar related uses, and; WHEREAS, at its meeting of February 3, 1992 and February 18, 1992, the Planning Commission opened the public hearing and having no one from the public speak, closed the public hearing; and WHEREAS, the Planning Commission after review and consideration of the information contained in the Staff Reports dated December 20, 1991 and February 11, 1992, has reached its decision in this matter; WHEREAS, the Planning commission has determined that the proposed 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. WHEREAS, the Planning Commission 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, is in the public interest and would promote the general welfare of the community. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning commission recommends that the City Council determine that the proposed 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. SECTION 2. The Planning Commission after review and consideration of the information contained in the Staff Reports dated December 20, 1991 and February 11, 1992, recommends to the City Council that the regulation of "adult businesses" is required for the preservation of the integrity of existing commercial and residential areas within close proximity thereto, is in the public crl- 2126192 a: \reaps \258 ATTACHMENT 1 interest, would promote the general welfare of the community, and that the attached draft ordinance regulating adult businesses be adopted. SECTION 3. That on February 19, 1992, the Planning Commission recommends to the City Council that the City Council approve the attached draft Ordinance as written and presented attached in the Planning Commission Staff Report dated December 20, 1991. The action of the foregoing direction was approved by the following roll call vote; AYES: Commissioners Wesner, May, Torres, Brodsky and Miller NOES: None ABSTAIN: None ABSENT: None PASSED, APPROVED AND ADOPTED THIS 2ND DAY OF MARCH, 1992 Attachment: Draft Ordinance STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS Chairman: I, Celia LaFleur, do hereby certify that I am the secretary of the Planning Commission of the City of Moorpark, California and that the foregoing resolution was duly adopted at a regular meeting thereof held on March 2, 1992 by the following vote: Ayes: Wesner, Torres, Brodsky, Miller and May Noes: ATTEST: Celia LaFleur, Secretary cr2- 2126191 a: \re808 \258 � c MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 TO: The Planning Commission FROM: Patrick J. Richards, Director of Community Development DATE: February 11, 1992 (Planning Commission hearing of 2/18/92) SUBJECT: ADULT ENTERTAINMENT FACILITIES /BUSINESSES ORDINANCE Background This matter was considered by the Planning Commission at their regular meeting of February 3, 1992. The Planning Commission continued this matter to February 18, 1992 and requested that staff contact other surrounding cities to obtain copies of their Adult Business Ordinances. Discussion Staff has contacted the cities of Camarillo, Oxnard, Thousand Oaks, ^� Simi Valley and Ventura for information regarding their handling of adult businesses. The Ordinance relating to adult businesses for the cities of Oxnard and Camarillo are attached to this report for your information. The cities of Thousand Oaks, Simi Valley and Ventura do not have an Adult Business Ordinance at this time. The City of Simi Valley is in the process of preparing an Ordinance. Requirement for Discretionary Use Permit There appears to be different approaches as it relates to the types of required permits for adult businesses. One approach is that of requiring a discretionary permit for an adult business (Requirement for an approved Conditional Use Permit), such as in staff's recommendation as outlined in the Planning Commission staff report dated February 3, 1992. Staff had recommended the Conditional Use Permit on the basis that the Conditional Use Permit process would allow staff, the Planning Commission and the City Council to review each request and require the applicant to show: a) that the use will not have an adverse impact on the area, and b) that there is a demonstrated need for the use in that particular location. This analysis is consistent with the permit standards that are outlined in Section 8111 -2.1.2 of the City's Zoning Ordinance. PP02:11:92111:90dM : \STFRPTI.PC 1 ATTACHMENT 2 — PALtt W LAWPASON WCZRPAK - -- - 15CCIT7 "100MFRY - -BEPiNAP00- WPEi3EZ— _iiQy. F TA1 LEY j& __. rdavor Mavor Pro `em Councdmember Counulmember Councdmemb?r C � Potential Constitutional Problems: However, it is conceivable that a Conditional Use Permit may be denied by the City, which could potentially raise constitutionality problems, as the First Amendment does not give government the right to restrict expression because of its message, its ideas, its subject matter, or its content. Requiring a Conditional Use Permit, in theory may have the potential to require an applicant to demonstrate why he or she should be able to exercise his or her First Amendment rights. Since conditions may be imposed on Conditional Use Permits, potential adult business owners would not know the City's criteria required to operate an adult business prior to final approval of the permit. Another philosophy to allowing adult businesses and at the same time protecting First Amendment rights would be to allow approval of adult businesses as long as the proposed use is: 1) within the proper zoning classification, 2) is the correct distance from other restricted uses such as residences, churches and schools, 3) has paid the appropriate fees such as Business Registration, 4) meets Building and Safety requirements, etc. As such, if the proposed adult business meets these criteria, City staff should have no other discretion as to whether or not an adult business may be located in the City and would be required to issue a permit to occupy. Acres Allowed for Adult Businesses: A potential concern with the City's draft ordinance as written is related to whether the City has allowed enough property for adult businesses. Typically, jurisdictions cannot adopt regulations that effectively eliminate all potential locations for adult businesses or restrict them to merely a handful of locations. The following two court cases relate to the issue of how much land area must be allowed for adult businesses. They are as follows: 1. In Renton, the court held as constitutional an ordinance that left about 5 percent of the City's entire land area for adult businesses (City of Renton v. Playtime Theaters (1986) 475 U.S. 41). 2. In a recent case decided regarding Whittier's Adult Business ordinance, the Court ruled that the City's Adult Business Ordinance was unconstitutional because it left only 1.4 percent of the City's entire land area, for adult businesses (Walnut Properties v. City of Whittier (9th Cir. 1988) 861 F. 2d 1102). PP02 :11:92 111:90amA:\STFRPT2.PC 2 C � The City of Moorpark has approximately 7,920 total acres, of which approximately 187.86 acres is zoned CPD (Commercial Planned Development). If all of the CPD zoned land within the City could be used for adult businesses, there would still be only approximately 2.37 percent of the total City's acreage available for use by adult businesses. Allowing all available CPD land to be available for use by applicants desiring adult businesses would essentially ignore any separation requirement from sensitive uses such as residences, churches and schools. Methods of Increasing Available Land Area for Use as Adult Businesses: It would be possible to increase the number of acres available for adult businesses in the following ways: 1. Adult businesses could be permitted in zones other than CPD. 2. The allowable distance between adult businesses could be reduced. 3. The 1,000 distance between an adult business and a church, educational institution or park could be reduced. -- 4. The 500 foot allowable distance between an adult business and residential zones could be reduced. 5. The 500 foot allowable distance between an adult business which has an on -sale alcoholic beverage license could be reduced. Recommendations: 1. Open and close the public hearing. 2. Recommend to the City Council 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. 3. That the Planning Commission recommend to the City Council that the regulation of "adult businesses" 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. PP02:1I:92 111:40amA: \STFRPT2.PC 3 . .. .._ ..�_- ... ��r. i ...w • •r. . r.1.� _ _ �� ..I .r �J J: �.. .. _ ..t•�C� r. - ?.rr14 »'G= 4. That the Planning Commission make specific recommendations to the City Council related, but not limited to the type of permit required for adult businesses, the zoning designation required, and other criteria such as minimum required distances from sensitive uses such as residences, churches, educational facilities, parks and facilities having an on -sale alcoholic beverage license. Attachments: Adult Business Ordinances from the City of Oxnard and Camarillo P7r/PP PP02:11:92111:90amA: \STFRPT2.PC 4 1 , — RECEIVED — . OCJ- — 4 1991 ADULT BUSINESSES ADULT BUSINESSES r City of Moorpark the date of appeal. the grounds for the appeal. and a state- objectionable operational characteristics when concentrated ment that review by the planning commission shall be can have a deleterious effect on adjacent areas. It is also limited to the grounds specified in the appeal. recognized that locating the adult entertainment facilities (Ord. 628 § 9 (part). 1987.) covered by these provisions in the vicinity of facilities frequented by minors will cause the exposure of Illinois to adult material which, because of their immaturity, may 19 61061 Fees and insurance coverage. adversely affect them. In addition, it is recognized that A. The city mad establish fees by resolution to cover the cost many persons are offended by the public display of certain for processing the special event permit or the cost for sexual materials. Special regulation of these uses is necessary special services provided by the city personnel and em. to ensure that these adverse effects will not contribute to 1 ployees and equipment in addition to requiring appropriate the blighting or downgrading of the surrounding insurance to indemnify the city for public liability and i neighborhood and to an adverse effect on minors. r: property damage for the day or days of the event. The I (Ord. 403 § 1 (part), 1978: prior code § 9604.) insurance required shall be provided prior to the event. B. As a condition of any special event permit. the applicant 19.64 020 Definitions. shall be required to sign an agreement approved by the city In addition to [tie definitions contained in Chapter 19.04, attorney. to indemnify and hold harmless the city from all the following words and phrases shall, for the purposes of this activities undertaken pursuant to the permit. chapter, be defined as follows, unless it is clearly apparent from (Ord. 628 F 9 (part), 1987.) the context that another meaning is intended: �— A. "Adult book store" means an establishment having as a substantial or significant portion of its stock in trade, ( material which is distinguished or characterized by its Chapter 19.64 emphasis on matter depicting, describing, or related to specified sexual activity of specified anatomical areas, or an ADULT BUSINESSES establishment with a segment or section thereof devoted 1 to the sale or display of such material. { Sections: --B. "Adult business" means any business which is conducted 1 . 1964.010 Purpose. exclusively for the patronage of adults, and as to which ' 19.64.020 Definitions. minors are specifically excluded from patronage thereat, 19.46.030 Special regulations. j either by law or by the operators of such business. "Adult f� 19.64.040 Adult newsracks. � business" shall also mean and include adult book stores, 19.64.050 Compliance with Chapter 13.14. adult theaters, massage parlors, modeling studios, adult motels or hotels, but not including those uses or activities, and regulations of which is pre-empted by State law. S 19.64.010 Purpose. C. "Adult hotellmolel" means a hotel or motel. as defined in A. The purpose of the adoption of the provisions of this Sections 9300.5.78 and 110 of this Code, which provides, chapter is to establish a comprehensive set of regulations I through closed circuit television, or other media, material applicable to adult businesses and similar and - related uses. which is distinguished or characterized by the emphasis on B. In adopting these provisions it is recognized that certain miller depicting or describing or related to specified sexual types of adult entertainment facilities set certain activities or specified an.00mical areas. ' t 480.264i (CO.Ari to J0 87) I' - 80 -165 i nurdln In 25 78) '\ FOR LIM ZONING D. "Adult newsracks" means any coin-operated machine or device which dispenses material substantially devoted to the depiction of "specified sexual activities" or "specified anatomical areas." E. "Adult theater" means a theater which presents live entertainment or motion pictures or slide photographs, which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activity or specified anatomical areas. \ F. "Massage parlor" means any establishment required to be licensed pursuant to Section 5.40 et seq., of the Camarillo Municipal Code. G. "Material relative to adult business" means and includes, but not be limited to, accessories, books, magazines, photographs, prints, drawings, paintings, motion pictures, and pamphlets, or any combination thereof. H. "Modeling studio" means any establishment or 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 pictorial form. --I. "Specified anatomical areas" means: 1. Less than completely and opaquely covered: a. Human genitals, pubic region; b. Buttock; and c. Female breast below a point immediately above the top of the areola; and \ 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. J. "Specified sexual activities" means: I. 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 region, buttock, or female breast. (Ord. 403 § I (part), 1978: prior code § 9604. 1.) (Camarillo 10- 25.78) 480.266 ADULT BUSINESSES 19.64.030 Special regulations. All uses subject to the provisions of this chapter shall comply with all of the regulations contained in this chapter, and the following regulations: A. That prior to establishing or conducting of any adult business, a conditional use permit therefor shall be obtained in accordance with the provisions of Chapter 19.62; B. That no adult business shall be granted a conditional use permit unless the parcel upon which such business is proposed to be located: I. Is classified in the CPD zone; and 2. Is not within five hundred feet of any parcel classified in any of the R zones; and 3. Is not within one thousand feet of any parcel upon which there is located a church, or educational institution, park, or other public facility which is utilized by minors: and 4. Is not witfun one thousand feet of any parcel upon which there is located another adult business; and S. Is not within five hundred feet of any parcel upon which is located a business with a type 40, 42, 48, or 61 on -sale beverage license. (Ord. 403 § I (part), 1978: prior code § 9604.2.) 19.64.040 Adults newsracks. No person shall place, maintain, own or operate any adult newsrack in the following locations: A. Upon any parcel of real property unless that parcel is classified in the CPD zone of the city; B. Within five hundred feet of any parcel of real property classified in any of the residential zones; C. Within one thousand feet of any parcel of real property on which there is located a church, or educational institution, park, or other public facility which is utilized by minors; D. Within one thousand feet of any parcel of real property on which there is located an adult business; E. Within five hundred feet of any parcel of real property upon which is located a business with an on-sale alcoholic beverage license of a type 40, 42, 48, or 50. 1 480 -267 (Camarillo 1190) 1 ZONING The provisions of this section shall not apply to public street, walkway or parking. (Ord. 439 § 1 (part), 1979: Ord. 403 § 1 (part), 1978: prior code § 9604.3.) 19.64.050 Compliance with Chapter 13.14. Any newsrack established must also comply with Chapter 13.14 of the Camarillo Municipal Code relating to the place- ment, spacing, and design of newsracks. (Ord. 403 § 1 (part), 1978.) Chapter 19.65 HOME OCCUPATIONS Sections: 19.65.010 Purpose. 19.65.020 Requirements. �- 19.65.030 Uses prohibited. 19.65.040 Denial and revocation of permit. 19.65.050 Permit nontransferable. 19.65.060 Fees required. 19.65.010 Purpose. Home occupations in residential zones are not a right but a privilege and are intended to provide, as a matter of con- venience, certain types of business uses where the use is clearly ancillary to the residential use of the property. Under specific guidelines, these provisions establish a comprehensive set of regulations to determine if a business activity occurring in resi- dential structures is appropriate. In order to minimize potential interference with the intended residential use of the property, businesses conducted as home occupations would be limited to certain types of uses with only those members of the residential family who reside at the residence being able to conduct or participate in the business. Home occupations will be reviewed (Camarillo 11.90) 480-268 , § 34 -190 ZONING § 34 -201 ARTICLE VII. RESERVED* Secs. 34- 190' -34 -199. Reserved. ARTICLE VIII. ADULT ENTERTAINMENT FACILITIES Sec. 34 -200. Purpose. In adopting this article, it is recognized that certain types of adult entertainment facilities possess certain objection- able operational characteristics which when concentrated 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. In addition, it is recognized that many persons are offended by the public display of certain sexual material. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood and to an adverse effect on minors. (Ord. No. 1683, par. 1, 2- 21 -78) Sec. 34 -201. Definitions. As used in this article, the following terms shall have the following meanings: (A) Specified sexual activities means: (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse or sodomy; *Editor's note —Ord. No. 2130, pt. 1, enacted Sept. 22, 1987, deleted 44 34.190- 34 -195 of Art. VII in their entirety. Prior to deletion, said sections pertained to home occupations and were derived from Ord. No. 1347, par. 1; and Ord. No. 1764, par. 1, enacted July 17, 1979. Art. VII has been reserved by the editors for future use. 490.15 Supp. No. 30:;; RECEIVED Uu i -'t 1991 City of Moorpark § 34 -202 OY"NARD CITY CODE § 34.202 (3) Fondling or other erotic touching of human genitals; pubic region, buttock or female breast. (B) Specified anatomical areas means: (1) Less than completely and opaquely covered: (a) Mature human genitals, (b) Mature human buttock, (c) Mature human female breast below a point immediately above the top of the areola; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (C) Adult newsrack means any coin - operated machine or device which dispenses material substantially devoted to the depiction of "specified sexual activities" or "specified anatomical areas." (D) Adult bookstore means an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are substantially devoted to the depiction of "specified sexual activities" or "specified anatomical areas." (E) Adult motion picture theater means an enclosed building used for presenting material in the form of motion picture film, video tape or other similar means which is substantially devoted to the depiction of "specified sexual activities" or "specified anatomical areas" for observation by persons therein. (Ord. trio. 1683, par. 1, 2- 21 -78) Sec. 34 -202. Location of adult bookstores, movie theaters and newsracks. No person, whether as a principal or agent, clerk or employee, neither for himself or any other person, or as an officer of any corporation, or otherwise, shall place, maintain, own or operate any adult bookstore, adult movie theater or adult newsrack :n the following locations: (a) In any residential zone in the City of Oxnard. 490.16 supp• No. 30, 2 -68 § 34 -202 ZONING § 34 -202 (b) Within one thousand (1,000) feet of any parcel of real property on which is located any of the following facilities: (1) A school primarily attended by minors; (2) A church which conducts religious education classes for minors; i I I i 490.16.1 Supp. No. 30, 2 -88 I r § 34 -203 ZONING § 34 -204 (3) A public park, public beach, or public recreation facility frequented by minors. (c) Within five hundred (500) feet of any other adult bookstore, adult movie theater or adult newsrack. (d) The areas in the City of Oxnard in which adult entertainment facilities are not prohibited by subsec- tions (a) and (b) above are shown on the map which is attached to and a part of this article. (Ord. No. 1683, par. 1, 2- 21 -78) Sec. 34 -203. Public display of certain matter prohi- bited. • (a) Materials offered for sale from adult newsracks shall not be displayed or exhibited in a manner which exposes to public view photographs or illustrations of specified sexual activities or of naked adults in poses which emphasize or direct the viewer's attention to the subject's genitals. The provisions of this subsection shall not apply to any adult newsrack covered by Penal Code, Section 313.1(c). (b) Adult bookstores and adult motion picture theaters shall not display or exhibit any material in a manner which exposes to public view photographs or illustrations of specified sexual activities or of naked adults in poses which emphasize or direct the viewer's attention to the subject's genitals. As used herein "exposes to public view" means exposes to the view of persons outside the building in which such bookstore or motion picture theater is located. (Ord. No. 1683, par. 1, 2- 21 -78) Sec. 34 -204. Impounding of newsracks. (a) The provisions of this Code dealing with nonconform- ing uses shall not be applicable to adult newsracks and on the effective date of the ordinance adopting this article, all adult newsracks shall be required to comply with the provisions of this article. (b) An adult newsrack found in violation of this article may be impounded by any police officer of the city after the following actions have occurred: 490.17 Supp. No. 14, 3-78 1 34 -204 OX: LARD CITY CODE § 34 -204 (1) A notice of violation has been affixed to the adult newsrack stating the section of this article which has been violated and stating that the adult newsrack will be impounded if the violation is not abated within three (3) days; (2) The violation has not been abated within three (3) days of the posting of the notice of violation; (3) The police department has presented to any magis- trate affidavits or other evidence sufficient to show a prima facie violation of this article; (4) A magistrate has issued a written order permitting the impounding of the adult newsrack pursuant to this article. (c) Whenever an adult newsrack is impounded, a complaint for violation of the section of this article for which the adult newsrack was impounded, must be filed within fourteen (14) days of the impounding. If such action is not commenced within fourteen (14) days, or if a final appealable decision in such action is rendered more than sixty (60) days from the filing of the action, the adult newsrack, together with its contents and all monies, if any, shall be released to any person who provides sufficient proof of ownership of such adult newsrack, without requiring the payment of anv impounded fees; provided, however, that no adult newsrack shall be released because a final appealable decision was not rendered within sixty (60) days of the filing of the action if the claimant of the adult newsrack is responsible for extending the judicial determination beyond the allowable time limit- (d) The person who provides sufficient proof of ownership of such adult newsrack may have such adult newsrack, together with its contents and all monies. if any, returned upon paying an impound fee of twenty -five dollars (325.00), <,r upon order of the magistrate, if any, who authorized the seizure of the newsrack, or pursuant to the terms of paragraph (b) above. Should there be a dismissal of the action charging a violation of this article, or an acquittal of Supp. No. 14.3 -73 490.18 f (11" § 34 -206 ZONING § 34 -219 such charges, the court ordering such dismissal or entering such acquittal may provide for the release of any newsrack and its contents, if any, impounded or the return of any impound fee paid for the release of an adult newsrack im- pounded pursuant to such charges. (Ord. No. 1683, par. 1, 2-21-78) Sec. 34 -205. Penalty. Notwithstanding any other provisions of this Code, any person who violates this article shall be guilty of a misde- meanor and may be punished as follows: (a) By imprisonment in the county jail not to exceed six (6) months; or (b) By forfeiture of the newsrack impounded pursuant to this article, providing the reasonable value of such newsrack does not exceed five hundred dollars ($500.00) ; or (c) A fine not exceeding five hundred dollars ($500.00) ; or (d) A combination of such imprisonment, forfeiture or fine; provided, however, that in no event shall anv fine oe imposed, which when added to the reasonable value of any impounded newsrack which is forfeited, exceeds the sum of five hundred dollars ($500.00) . (Ord. No. 1683, par. 1, 2- 21 -78) Sec. 34 -206. Severance clause. If any section, subsection, subpart, or provision of this article or the application thereof to any person, property or circumstance is held invalid. the remainder of the article and the application of such to the persons, properties or circumstances shall not be affected thereby. (Ord. No. 1683, par. 1, 2-21-78) Secs. 34-207-34-219. Reserved. Supp. No. 16, 4 -30 �` 490.19 MOORPARK ITEM 9.a 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 TO: The Planning Commission FROM: Patrick J. Richards, Director of Community Development DATE: December 20, 1991 (Planning Commission hearing of 2/3/92) SUBJECT: ADULT ENTERTAINMENT FACILITIES /BUSINESSES ORDINANCE Backaround In adopting an Adult Business Ordinance, it is recognized that certain types of adult businesses possess objectionable operational characteristics which when concentrated can have a deleterious effect on immediately adjacent residential and commercial 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 insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood and 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). In the case of FW /PBS, Inc. vs. Dallas (1990) 493 U.S. 215, the court agreed with a studies conclusion that adult motels foster prostitution, increase crime and have other detrimental secondary effects. The above information demonstrates that adult businesses may have detrimental effects on the community and is the basis for which the City may control the extent that these businesses may operate within the City. Discussion To some extent, this ordinance is modeled after an ordinance of Detroit, Michigan, which was upheld by the U,S. Supreme Court in June of 1976. Said ordinance dispersed such uses from one another and from residential districts. Extensive discussion of the Detroit Ordinance and others appears in the American Society of Planning Officials Report No. 327, "Regulating Sex Businesses." 10:07:91711:20pm4: \STAFRPT -PC 1 ATTACHMENT 3 TT x'714 T ;-111 1 �Y .iEP n. _�� .<<: r �-. ..E' /Jfl businesses and parks. Five hundred feet should be considered a minimum separation, as this distance can easily be walked to in less than five minutes. A thousand feet would require an individual to purposely set out to walk to, whereas, 500 feet or under can be "wandered into." Adequate separation between adult businesses could also lessen the visual and aesthetic impact of concentrations of such a business caused by their usual garish colors and flashing signs. In addition to adult businesses, the Detroit ordinance included, when originally adopted as a skid row ordinance in 1962, as "regulated uses," Group "D" cabaret, establishments for the sale of beer or intoxicating liquor for consumption on the premises, hotels or motels, pawnshops, pool or billiard halls, public lodging houses, secondhand stores, shoeshine parlors, and taxi dance halls. Adult bookstores and adult theaters were added to this ordinance in 1972. The Group "D" cabaret mentioned above is a topless or nude cabaret. Presently, there are no cabarets located within the City of Moorpark. Other establishments such as the on- premises consumption of alcoholic beverages are currently regulated through the Commercial Planned Development Permit process and must be approved by the City Council. Pool or billiard halls and bars, tavern, or night clubs are permitted uses in the Commercial Planned Development (CPD) and General Commercial (C -2) zones in the City. None of these types of uses are inherently attracted to one another, but all of these types of uses seem to be common in skid row areas. The skid row aspect of the Detroit ordinance has no bearing on the proposed ordinance for the City of Moorpark and staff cannot substantiate the need for further regulation of those uses which are not classified as "adult businesses." In some areas of California, adult only motels and hotels have been established, featuring closed circuit TV showing pornographic movies as well as providing other "services," similar to the adult businesses discussed above. In an attempt to regulate the above stated uses and other related adult businesses, staff has proposed a definition of adult business which is comprehensive in nature. Defining "adult businesses" is difficult, particularly when trying to separate them from other uses with similar names. The following definitions have been taken from a combination of sources including the Detroit ordinance and other similar ordinances on this subject such as Whittier, Camarillo and Oxnard, California. To assist in prepari definitions for this proposed ordinance, the booklet entitle "A Survey of Zoning Definitions edited by Tracy Burrows and prepared by the American Planning Association was also utilized. The key to the Detroit definitions is the "specified anatomical areas" and "sexual activities." However, such terminology is not 10:07:91111:10pnA: \STAFP.PT.FC 3 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 rented rooms for less than ten (10) hours. 7. Adult Theater - means a theater, concert hall, auditorium, or similar establishment which presents live entertainment or motion pictures or slide photographs, 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, photographs, prints, drawings, paintings, motion pictures and pamphlets or any combination thereof. 10:07:91111:10p=A: \STAFRPT.PC 5 C The Conditional Use Permit which closely regulates uses that at some point in time may not be a compatible use in a zone would be an appropriate tool available to the City for this type of control. By allowing the use of an "adult business" to be established by right, the City would relinquish much control over the use other than through the enforcement of criteria that might be established. Such regulation would fail to take into account special circumstances relative to the specific location, on which the adult businesses may have an impact. The Conditional Use Permit process would allow staff, the Planning Commission and the City Council to review each request and require the applicant to show: a) that the use will not have an adverse impact on the area, and b) that there is a demonstrated need for the use at that location. The question remaining then is which zone would be appropriate for "adult businesses." Being a commercial use, "adult businesses" would be limited to one of the commercial zones. The C -1 zone acts somewhat as a buffer zone while the C -2 zone within the City located within the downtown core area of the City. As such, the C- 2 zone is within close proximity of residential properties. The courts have indicated that restrictions on a legal business cannot be such that the effect is the elimination or prohibition of such uses. Allowing "adult businesses" within the CPD with a City Council approved Conditional Use Permit would provide reasonable flexibility for the approval of a limited number of adult businesses within the City that could conceivably be compatible with surrounding land uses. Study to Determine Areas Available in City for Adult Businesses As part of staff's preparation of the proposed Ordinance, a study was conducted to determine if there were appropriate locations within the CPD zones of the City for Adult Ordinances. Attached as part of this staff report are maps of all of the commercial areas of the City with appropriate radius maps showing areas 1,000 feet from churches and schools and 500 feet from residential areas. As can be seen from, the maps, there is property located within the Carlsberg Specific Planning area which would potentially meet the distance criteria in which an "adult business" could be located with an approved Conditional Use Permit. The study analyzed the following to determine if there would be sufficient available sites in the City for use as "Adult Businesses ": 1. The City's zoning and land use element was analyzed to determine the number of acres of land within the City in which adult businesses could locate. Approximately 27.75 acres of CPD zoned property is located in the City which 10:07:91111:10pmA : \STAFRP7.PC 7 Inasmuch as the courts have prevented the outright prohibition of adult businesses, regulation is the only control available to the City. It is evident from the research of information regarding "adult businesses," that individual, isolated businesses do not have nearly as great a negative impact as concentrations of these businesses. Therefore, the dispersion of adult business in certain areas of the City would be the most appropriate form of regulation, using the City Council approved Conditional Use Permit process for the review of such applications. The Supreme Court has upheld 1,000 feet and 500 foot separations in the Detroit case. These separations appear to be adequate for Moorpark's situation. The effect of such a regulation would make certain portions of the City eligible locations for "adult businesses." Bibliography 1. Planning Commission staff report from the City of Whittier, California entitled: "Amendment to Zoning Regulations - Adult Businesses in C -2 Zone With Conditional Use Permit" - Case No. 353.015 dated January 9, 1978 2. Planning Commission staff report from the City of Whittier, ..� California entitled: "Amendment to Zoning Regulations - Part 20, Adult Business Subsection 2(c), Sections 9512 and 9512.1" Case No. 353.049 dated April 9, 1998 3. U.S. Supreme Court Reports, 49 L Ed 2d, Young vs American Minitheatres Inc., pp 310 -341 4. Patrick J. Rohan, Zoning and Land Use Controls, Chapter II, Adult Entertainment Zoning, 1979, pp 11 -1 thru 11 -92, Matthew Bender, Pub. 5. Alan Weinstein, "Regulating Pornography: Recent Legal Trends ", Land Use Law, February 1982, pp 4 -9. 6. Adult Entertainment Study and Proposed Zoning Ordinance Amendment, report of the Department of Regional Planning, County of Los Angeles, California, 1978 7. William Toner, Regulating Sex Businesses; American Society of Planning Officials, Planning Advisory Service, Report No. 327, March 1977 Recommendations 1. Open and close the public hearing. 10:07:91 112:20praA: \STAFRPT.PC PROPOSED ADDITION TO ZONING ORDINANCE ARTICLE 1 - ADULT ENTERTAINMENT FACILITIES /BUSINESSES ORDINANCE Section 1 -100 - 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 when concentrated 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 insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood and 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 1 -101 - 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 five 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 twenty -five 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 intercourse, homosexual acts, masturbation, fellatio, cunnilingus, bestiality, sodomy, sadomasochistic abuse or -- other sexual excitement or sexual conduct. 10:04:9115:19pc,A : \ALULT.BUS A 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, 2. Buttocks, anus, and 3. Female breasts below a point immediately above the top of the areola, and 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 1 -102 - 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 follo.,iing regulations: A. Prior to the establishing or conducting of any adult business, a Conditional Use Permit therefor shall be 10:04:9115:19PMA: \ADULT.BUS 3 AL CI- 4d ir.�'��, �' '% �� j, %'� ;;1�`1,Lyaz�1'�� f,s � 0'/ I r' 11 ��; ' � � � � � �'– '' - `— �•�•.'C, ` v, rp� %r,�,• 11 I � '��� �` �•�, `'---`"`i���� • f, - z,/�! /� � � , ai CO vi ZVI co im CO 70� or Al I ELIGIBLE SITES WITHIN 500' OF RESIDENTIAL ZONES HO S1"I' 40 85'Sd 7 �� � 111111111=! ;n •� .. :1 111 i �� 111111111 Non 13� � 1'111111= MR 24 i43 PM 61 IP 3537-31 i i i i i o r1 .1 • • MR 26\--- 13 R 5 74 • •0 w �aa►aaaa■ _ I�aaaa►��I ®■ IMMUNE " c a Loilej GHURC�Wj a —. t.000 "ROM CHUP(M - -� FREMONT TRAC1 2G321- CPD W 2 O N O t500'0f:Ft Ia c 7 E E.j 12 5 �. I 7 M M �Tn n _ �I C r 4, J �A ALL ELIGIBLE SITES ALSO WITHIN 500' OF RESIDENTIAL ZONES PARK >' �\ v� M RPARK COMMU'll T Y i — 19 PM 5 OLLEGE 1 R. '07( -I 43 MR 8 TP '_ -070 -2 a r V R 91 CHURCH t000l FRoM c#imcm -► SCHOOL n 1� � p oo z ' fill 1 2 CPD 1R T 2726 6 1 AK ) 500 OF R ZONE. c • 1, �E8 1 600 of a z — RECEIVED —. OCT — 4 1991 City of Moorpark ADULT BUSINESSES the date of appeal. the grounds for the appeal. and a state- ment that review by the planning commission shall be limited to the grounds specified in the appeal. (Ord. 61-8 § 9 (part). 1987.) 19.64.010 Purpose. A. The purpose of the adoption of the provisions of this chapter is to establish a comprehensive set of regulations applicable to adult businesses and similar and related uses. B. In adopting these provisions it is recognized that certain types of adult entertainment facilities set certain 480.264i (C.m..a(o to 87) ADULT BUSINESSES objectionable operational characteristics when concentrated can have a deleterious effect on adjacent areas. It is also recognized that locating the adult entertainment facilities covered by these provisions 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. In addition, it is recognized that many persons are offended by the public display of certain sexual materials. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood and to an adverse effect on minors. (Ord. 403 § I (part), 1978: prior code § 9604.) 19.64.020 Definitions. In addition to the definitions contained in Chapter 19.04, the following words and phrases shall, for the purposes of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended: A. "Adult book store" means an establishment having as a substantial or significant portion of its stock in trade, material which is distinguished or characterized by its emphasis on matter depicting, describing, or related to specified sexual activity of specified anatomical areas, or an establishment with a segment or section thereof devoted to the sale or display of such material. '—B. "Adult business" means any business which is conducted exclusively for the patronage of adults, and as to which minors are specifically excluded from 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 motels or hotels, but not including those uses or activities, and regulations of which is pre- empted by State law. C. "Adult hotel /motel" means a hotel or motel. as defined in Sections 9300.5 -78 and 110 of this Code, which provides, through closet) circuit television, or other media, material which is distinguished or characterized by the emphasis on matter depicting or describing or related to specified sexual activities or specified anutomical areas. 480-2-65 n,T114 71irl> 10 25 -78) 19.63.061 Fees and insurance coverage. A. The city may establish fees by resolution to cover the cost for processing the special event permit or the cost for special services provided by the city personnel and em- ployees and equipment in addition to requiring appropriate + insurance to indemnify the city for public liability and property damage for the day or days of the event. The 2 q insurance required shall be provided prior to the event. B. As a condition of any special event permit. the applicant A shall be required to sign an agreement approved by the city attorney. to indemnify and hold harmless the city from all activities undertaken pursuant to the permit. (Ord. 628 § 9 (part). 1987.) Chapter 19.64 ADULT BUSINESSES Sections: 19,64.010 Purpose. 19.64.020 Definitions. 19.46.030 Special regulations. 19.64.040 Adult newsracks. 19.64.050 Compliance with Chapter 13.14. 19.64.010 Purpose. A. The purpose of the adoption of the provisions of this chapter is to establish a comprehensive set of regulations applicable to adult businesses and similar and related uses. B. In adopting these provisions it is recognized that certain types of adult entertainment facilities set certain 480.264i (C.m..a(o to 87) ADULT BUSINESSES objectionable operational characteristics when concentrated can have a deleterious effect on adjacent areas. It is also recognized that locating the adult entertainment facilities covered by these provisions 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. In addition, it is recognized that many persons are offended by the public display of certain sexual materials. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood and to an adverse effect on minors. (Ord. 403 § I (part), 1978: prior code § 9604.) 19.64.020 Definitions. In addition to the definitions contained in Chapter 19.04, the following words and phrases shall, for the purposes of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended: A. "Adult book store" means an establishment having as a substantial or significant portion of its stock in trade, material which is distinguished or characterized by its emphasis on matter depicting, describing, or related to specified sexual activity of specified anatomical areas, or an establishment with a segment or section thereof devoted to the sale or display of such material. '—B. "Adult business" means any business which is conducted exclusively for the patronage of adults, and as to which minors are specifically excluded from 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 motels or hotels, but not including those uses or activities, and regulations of which is pre- empted by State law. C. "Adult hotel /motel" means a hotel or motel. as defined in Sections 9300.5 -78 and 110 of this Code, which provides, through closet) circuit television, or other media, material which is distinguished or characterized by the emphasis on matter depicting or describing or related to specified sexual activities or specified anutomical areas. 480-2-65 n,T114 71irl> 10 25 -78) ZONING ADULT BUSINESSES D. "Adult newsracks" means any coin -operated machine or 19.64.030 Special regulations. device which dispenses material substantially devoted to the depiction of "specified "specified All uses subject to the provisions of this chapter shall sexual activities" or anatomical areas." comply with all of the regulations contained in this chapter, E. "Adult theater" means a theater which presents live and the following regulations: A. That prior to establishing or conducting of any adult entertainment or motion pictures or slide photographs, business, a conditional use permit therefor shall be obtained which are distinguished or characterized by their emphasis in accordance with the provisions of Chapter 19.62; on matter depicting, describing, or relating to specified B. That no adult business shall be granted a conditional sexual activity or specified anatomical areas. \ F. "Massage parlor" means any establishment required to be use permit unless the parcel upon which such business is licensed pursuant to Section 5.40 et se q -, of the Camarillo ` proposed to be located: 1. Is classified in the CPD zone; and Municipal Code. G. "Material relative to adult business" means and includes, but 2. Is not within five hundred feet of any parcel classified in not be limited to, accessories, books, magazines, photographs, any of the R zones; and 3. Is not within one thousand feet of any parcel upon prints, drawings, paintings, motion pictures, and pamphlets, which there is located a church, or educational or any combination thereof. H. "Modeling studio" means any establishment business institution, park, or other public facility which is or which provides for members of the public, the services of utilized by minors; and 4. Is not within one thousand feet of any parcel upon a live human model for the purpose of reproducing the which there is located another adult business; and human body, wholly or partially in the nude, by means of 5. Is not within five hundred feet of any parcel upon photography, painting, sketching, drawing, or other pictorial form. which is located a business with a type 40, 42, 48, or "Specified 61 on -sale beverage license. ---I. anatomical areas" means: (Ord. 403 § I (part), 1978: prior code § 9604.2.) 1. Less than completely and opaquely covered: a. Human genitals, pubic region; 19.64.040 Adults newsracks. b. Buttock; and c. Female breast below No person shall place, maintain, own or operate any adult a point immediately above newsrack in the following locations: �. the top of the areola; and \ 2. Human male genitals in a discernibly turgid state, even A. Upon any parcel of real property unless that parcel is classified in the CPD zone of the city; if completely and opaquely covered. "Specified B. Within five hundred feet of any parcel of real property J. sexual activities" means: classified in any of the residential zones; 1. Human genitals in a state of sexual stimulation or C. Within one thousand feet of any parcel of real arousal; and /or 2. Acts of human masturbation, sexual stimulation or property on which there is located a church, or educational institution, park, or other public facility which is utilized arousal; and /or by minors; 3. Fondling or other erotic touching of human genitals, D. Within one thousand feet of any parcel of real property pubic region, buttock, or female breast. (Ord. 403 § I (part), 1978: on which there is located an adult business; prior code § 9604.1.) E. Within five hundred feet of any parcel of real property upon which is located a business with an on-sale alcoholic f beverage license of a type 40, 42, 48, or 50. (Camarillo 10-25 -78) 480 -266 480 -267 (Camarillo 11 .yo) � c ZONING The provisions of this section shall not apply to public street, walkway or parking. (Ord. 439 § 1 (part), 1979: Ord. 403 § 1 (part), 1978: prior code § 9604.3.) 19.64.050 Compliance with Chapter 13.14. Any newsrack established must also comply with Chapter 13.14 of the Camarillo Municipal Code relating to the place- ment, spacing, and design of newsracks. (Ord. 403 § 1 (part), 1978.) —• - Sections: 19.65.010 19.65.020 19.65.030 19.65.040 19.65.050 19.65.060 Chapter 19.65 HOME OCCUPATIONS Purpose. Requirements. Uses prohibited. Denial and revocation of permit Permit nontransferable. Fees required. 19.65.010 Purpose. Home occupations in residential zones are not a right but a privilege and are intended to provide, as a matter of con- venience, certain types of business uses where the use is clearly ancillary to the residential use of the property. Under specific guidelines, these provisions establish a comprehensive set of regulations to determine if a business activity occurring in resi- dential structures is appropriate. In order to minimize potential interference with the intended residential use of the property, businesses conducted as home occupations would be limited to certain types of uses with only those members of the residential family who reside at the residence being able to conduct or participate in the business. Home occupations will be reviewed (Camarillo 11.90) 480 -268 Ox�IU r § 34 -190 ZONING § 34 -201 ARTICLE VII. RESERVED* Secs. 34 -190- 34199. Reserved. ARTICLE VIII. ADULT ENTERTAINMENT FACILITIES Sec. 34 -200. Purpose, In adopting this article, it is recognized that certain types of adult entertainment facilities possess certain objection- able operational characteristics which when concentrated 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. In addition, it is recognized that many persons are offended by the public display of certain sexual material. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood and to an adverse effect on minors. (Ord. No. 1683, par. 1, 2- 21 -78) Sec. 34 -201. Definitions. As used in this article, the following terms shall have the following meanings: (A) Specified sexual activities means: (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse or sodomy; 'Editor's note —Ord. No. 2130, pt. 1, enacted Sept. 22, 1987, deleted 6S 34 -190- 34 -195 of Art. VII in their entirety. Prior to deletion, said sections pertained to home occupations and were derived from Ord. No. 1347, par. 1; and Ord. No. 1764, par. 1, enacted July 17, 1979. Art. VII has been reserved by the editors for future use. 490.15 S"pp N 30"- 'RECEiVED U u f - 1 1991 City of Moorpark § 34 -202 OXNARD CITY CODE § 34.202 f l (3) Fondling or other erotic touching of human genitals; pubic region, buttock or female breast. (B) Specified anatomical areas means: (1) Less than completely and opaquely covered: (a) Mature human genitals, (b) Mature human buttock, (c) Mature human female breast below a point - ___immediately above the top of the areola; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (C) Adult newsrack means any coin - operated machine or device which dispenses material substantially devoted to the depiction of "specified sexual activities" or "specified anatomical areas." (D) Adult bookstore means an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are substantially devoted to the depiction of "specified sexual activities" or "specified anatomical areas." (E) Adult motion picture theater means an enclosed building used for presenting material in the form of motion picture film, video tape or other similar means which is substantially devoted to the depiction of "specified sexual activities" or "specified anatomical areas" for observation by persons therein. (Ord. No. 1683, par. 1, 2- 21 -78) Sec. 34 -202. Location of adult bookstores, movie theaters and newsracks. No person, whether as a principal or agent, clerk or employee, neither for himself or any other person, or as an officer of any corporation, or otherwise, shall place, maintain, own or operate any adult bookstore, adult movie theater or adult newsrack :n the following locations: (a) In any residential zone in the City of Oxnard. 490.16 Supp• No. 30, 2.88 34 -202 ZONING § 34 -202 (b) Within one thousand (1,000) feet of any parcel of real property on which is located any of the following facilities: (1) A school primarily attended by minors; (2) A church which conducts religious education classes for minors; 490.16.1 Supp. No. 30, 2.88 t i 1 I J 34 -203 ZONING § 34 -204 (3) A public park, public beach, or public recreation facility frequented by minors. (c) Within five hundred (500) feet of any other adult bookstore, adult movie theater or adult newsrack. (d) The areas in the City of Oxnard in which adult entertainment facilities are not prohibited by subsec- tions (a) and (b) above are shown on the map which is attached to and a part of this article. (Ord. No. 1683, par. 1, 2- 21 -78) Sec. 34 -203. Public display of certain matter prohi- bited. (a) Materials offered for sale from adult newsracks shall not be displayed or exhibited in a manner which exposes to public view photographs or illustrations of specified sexual activities or of naked adults in poses which emphasize or direct the viewer's attention to the subject's genitals. The provisions of this subsection shall not apply to any adult newsrack covered by Penal Code, Section 313.1(c). (b) Adult bookstores and adult motion picture theaters shall not display or exhibit any material in a manner which exposes to public view photographs or illustrations of specified sexual activities or of naked adults in poses which emphasize or direct the viewer's attention to the subject's genitals. As used herein "exposes to public view" mess exposes to the view of persons outside the building in which such bookstore or motion picture theater is located. (Ord. No. 1683, par. 1, 2- 21 -78) Sec. 34 -204. Impounding of newsracks. (a) The provisions of this Code dealing with nonconform- ing uses shall not be applicable to adult newsracks and on the effective date of the ordinance adopting this article, all adult newsracks shall be required to comply with the provisions of this article. (b) An adult newsrack found in violation of this article may be impounded by any police officer of the city after the following actions have occurred: 490.17 Supp• No. 14, 3 -78 J 34 -204 OXNARD CITY CODE § 34 -204 (1) A notice of violation has been affixed to the adult newsrack stating the section of this article which has been violated and stating that the adult newsrack will be impounded if the violation is not abated within three (3) days; (2) The violation has not been abated within three (3) days of the posting of the notice of violation; (3) The police department has presented to any magis- trate affidavits or other evidence sufficient to show a prima facie violation of this article; (4) A magistrate has issued a written order permitting the impounding of the adult newsrack pursuant to this article. (c) Whenever an adult newsrack is impounded, a complaint for violation of the section of this article for which the adult newsrack was impounded, must be filed within fourteen (14) days of the impounding. If such action is not commenced within fourteen (14) days, or if a final appealable decision in such action is rendered more than sixty (60) days from the filing of the action, the adult newsrack, together with its contents and all monies, if any, shall be released to any person who provides sufficient proof of ownership of such adult newsrack, without requiring the payment of any impounded fees; provided, however, that no adult newsrack shall be released because a final appealable decision was not rendered within sixty (60) days of the filing of the action if the claimant of the adult newsrack is responsible for extending the judicial determination beyond the allowable time limit. (d) The person who provides sufficient proof of ownership ()f such adult newsrack may have such adult newsrack, together with its contents and all monies, if any, returned Ripon paying an impound fee of twenty -five dollars (S25.00), +)r upon order of the magistrate, if any, who authorized the seizure of the newsrack, or pursuant to the terms of paragraph (b) above. Should there be a dismissal of the action charging a violation of this article, or an acquittal of 490.18 Supp. No. 14. 3 -78 § 84 -206 ZONING � 34 -219 such charges, the court ordering such dismissal or entering such acquittal may provide for the release of any newsrack and its contents, if any, impounded or the return of any impound fee paid for the release of an adult newsrack im- pounded pursuant to such charges. (Ord. No. 1683, par. 1, 2-21-78) Sec. 34 -205. Penalty. Notwithstanding any other provisions of this Code, any person who violates this article shall be guilty of a misde- meanor and may be punished as follows: (a) By imprisonment in the county jail not to exceed six (6) months; or (b) By forfeiture of the newsrack impounded pursuant to this article, providing the reasonable value of such newsrack does not exceed five hundred dollars ($500.00) ; or (c) A fine not exceeding five hundred dollars ($500.00) ; or (d) A combination of such imprisonment, forfeiture or fine; provided, however, that in no event shall any fine be imposed, which when added to the reasonable value of any impounded newsrack which is forfeited, exceeds the sum of five hundred dollars ($500.00) . (Ord. No. 1683, par. 1, 2- 21 -78) Sec. 34 -206. Severance clause. If any section, subsection, subpart, or provision of this article or the application thereof to any person, property or circumstance is held invalid. the remainder of the article and the application of such to the persons, properties or circumstances shall not be affected thereby. (Ord. No. 16S3, par. 1, 2- 21 -78) Secs. 34- 207-34 -219. Reserved. 490.19 Supp. No. 16, 4 -90 NOTE TO VAULT PACKET FOR 12/16/92 MEETING: ITEM 9.B. NO ORDINANCE WAS ATTACHED WITH THIS ITEM. IT WAS NOT PROVIDED BY THE COMMUNITY DEVELOPMENT DEPARTMENT AS OF THE DECEMBER 16, 1992 MEETING DATE.