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ACTION:
AGENDA REPORT Byjr
TO: The Honorable City Council
FROM: Jaime Aguilera, Director of Community Development
Paul Porter, Senior Planner
DATE: February 18, 1993 (CC meeting of March 3, 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 and was 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 (see attachment) have been completed in legislative
format for the Council's convenience.
Discussion
Staff has also revised the maps, per the Council's direction, which
shows the only area of the City that could potentially be available
for Adult Businesses. Attachment 2 shows the area of the City
available before the Council recommended distance changes from
sensitive uses, while Attachment 3 shows the only remaining site
available after increasing the 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. The remaining area of the City available for Adult
Businesses is located at the southwest intersection of the Freeway
(23) and New Los Angeles Avenue.
Our City Attorney has opined in the past that an Ordinance as
restrictive as this one will probably not withstand a court
challenge based on findings of previous court rulings.
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. Direct staff to put the ordinance in final form and present to
the Council for first reading on March 17, 1993.
Attachments:
1.
2.
3.
Ordinance with attachment
Map showing available sites prior to Council change to
distance requirements at the Council meeting of January 6,
1993
Map showing available site after imposing increased distances
from sensitive uses
PP02:18:93111:30BM :\CC5.K M 2
ORDINANCE
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA AMENDING ZONING ORDINANCE
NO. 137 BY ADDING ADULT ENTERTAINMENT
FACILITIES / BUSINESS REGULATIONS
WHEREAS, at a duly noticed public hearings held on January 6,
and March 3, 1993, the City Council considered Amendment of
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 Planning Commission Staff Reports
dated December 20, 1991, February 11, 1992, and the City Council
Staff Reports dated November 18, 1992 and February 18, 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 CEQA State Guidelines in 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, is 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 CEQA State Guidelines in the proposed ordinance
does not have the potential for causing a significant effect on the
environment.
ATTACHMENT 1
PP12:17:92 13 :50pmA:\0RD.rXmc 1
SECTION 2. The City Council after review and consideration
of the information contained in the Planning Commission Staff
Reports dated December 20, 1991, February 11, 1992, and the City
Council Staff Reports dated November 18, 1992 and February 18,
1993, has determine 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 regulations as stated in the attached
(Exhibit A) regulating adult businesses be adopted.
SECTION 3. The regulations attached hereto as Exhibit A
are hereby incorporated herein.
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.
PASSED, APPROVED AND ADOPTED this 3rd day of March, 1993.
Mayor
Paul W. Lawrason, Jr.
City of Moorpark
ATTEST:
Lillian E. Hare
City Clerk
Attachment: Exhibit "A"
13P12 :17 :92 13 :50pmA : \0RDINANC 2
EXHIBIT A
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 when eeneentrate an 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 a ;e that these adverse effects will not
contribute to the blighting or downgrading of the surrounding
neighborhood aiid ; 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
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 rive 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
10:09:91 15 :I9pmA:\ADULT.BUS
areas such as 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 live - entertainment er
motion pictures or slide hoto ra hscz
ftttoe t which are distinguished or character zed by their
emphasis on matter depicting, describing or related to
specified sexual activity or specified anatomical areas.
10:04:91 15:19pmA:\ADULT.BUS 2
B. "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.
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, 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.
10:04:91 15:19pmA :\ADULT.BUS 3
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
approved by the City Council;
B. No Adult Business shall be granted a Conditional Use
Permit unless the unle&& 1 the following criteria
can be met:
1.
Is classified in
the CPD (Commercial Planned
Development) zone,
2.
Is not within five
hundred feet of any lot
classified in any of
the R (Residential) zones,
3.
Is not within ene theaBand
** - - 6 feet of any lot
upon which there is located another adult business,
4.
Is not within##
..................
feet of any lot
upon which there is
located 'a*'**church, educational
institution,
5.
Is not within five
hundred feet of any lot
upon which there is
located a**" business iness with a type
40, 42, 48 or 61
on-sale alcoholic beverage
license, and
feet upon which
6. Is not within efte theusand W. 0
there is located a city-owne'dl operated and
maintained existing or prepesed park.
The City shall render a decision on the Conditional Use Permit
within three months after the application for the
Conditional Use.-P6.mit is deemed complete.
.... . . ....
..... ....... .. ..
10:04:9115:19PMA:\AWLT.BUS 4
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}).
Section 8117 -5 - Severability Clause
If, for any reason, any provision of this ordinance is
declared invalid, such validity shall not effect the other
provisions of this ordinance which can be given effect without
the invalid provisions. To this end, the provisions of this
ordinance shall be deemed severable.
10:09:91 15:19PM :\ADULT.BUS 5
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