HomeMy WebLinkAbout1996-060
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RESOLUTION NO. 96-60
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ADOPTING FINDINGS AND GENERAL PLAN AMENDMENT NO. 96-01
TO AMEND THE GENERAL PLAN TEXT REGARDING ADULT BUSINESSES.
SECTION I. Recitals
(a) WHEREAS, the Mayor and Common Council adopted the General
Plan for the City of San Bernardino by Resolution No. 89-159 on
June 2, 1989; and
(b) WHEREAS, on February 22, 1996 the Environmental Review
Committee determined that General Plan Amendment No. 96-01, a
proposal to amend a portion of the General Plan text could not have
a significant negative impact upon the environment and is exempt
from the provisions of the California Environmental Quality Act
(CEQA) per Section 15061(b) (3); and
(c)
WHEREAS, the Planning commission conducted a noticed
public hearing on March 5, 1996 in order to receive public
testimony and written and oral comments on General Plan Amendment
No. 96-01; and
(d) WHEREAS, the Planning Commission, after receiving public
testimony, recommended adoption of the Findings and approval of
General Plan Amendment No. 96-01; and
(e) WHEREAS, the Mayor and Common Council conducted a noticed
public hearing on March 18, 1996 and fully reviewed and considered
the Findings and the Planning Division staff report and the
recommendation of the Planning Commission; and
(f) WHEREAS, the Mayor and Council and City staff have
conducted an extensive review of land use studies and reports of
the secondary effects of adult businesses [as listed and defined in
Development Code Section 19.06.030(2) (A)]
in other cities
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including, but not limited to, Phoenix, Arizona (1986);
Minneapolis, Minnesota (1980); Indianapolis, Indiana (1984); Los
Angeles, California (1977), and Austin, Texas (1985); and
(g) WHEREAS, from the review of other cities' studies there
is convincing evidence that adult businesses, because of their very
nature, have a deleterious effect on surrounding businesses and
residential areas, causing, among other adverse secondary effects,
increased crime and diminished property values; and
(h) WHEREAS, it is recognized that due to their nature, adult
businesses have serious detrimental operational characteristics,
particularly when they exist in close proximity to each other,
contributing to crime, lower property values, urban blight and
downgrading of the quality of life in the adjacent areas; and
(i) WHEREAS, the Mayor and Council find that adult businesses
frequently engender illegal sexual activities such as solicitation
and prostitution and encourage other illegal sexual liaisons of
casual nature in places open to the public; and
(j) WHEREAS, increased crime and unhealthful conduct tend to
accompany, concentrate around and be aggravated by adult
businesses, including, but not limited to, prostitution, pandering,
exposing minors to harmful materials, possession and distribution
of obscene materials and child pornography, possession and sale of
controlled substances and violent crimes against persons and
property; and
(k) WHEREAS, adult businesses create an environment and
opportunity for increased sexual activities and contacts which
increases the risk of spread of sexually transmitted diseases.
Concerns with increased incidents of sexually transmitted diseases,
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including, but not limited to, AIDS, syphilis, and gonorrhea, are
a legitimate health concern of the City, and demand reasonable
regulations of adult businesses in order to protect the health and
well being of the citizens; and
(I) WHEREAS, the Mayor and Council has considered, in part,
each of the following aspects of the location and regulation of
adult businesses:
1. Areas within close walking distance
multiple family dwellings should be
business uses.
Areas where children could be expected to walk,
patronize, or frequent should be free of adult business
of single and
free of adult
2.
uses.
3. Adult businesses should be located in areas of the City
which are not in close proximity to residential uses,
churches, parks, or other public facilities and schools
regularly frequented by children.
4. The image of the city as a pleasant attractive place to
reside will be adversely affected by the presence of
adult businesses in close proximity to residential land
uses; churches; parks and other public facilities, and
schools.
5. Adult businesses should be regulated by zoning to
separate, or buffer them and their related impacts from
other incompatible uses or uses which detract from other
retail andlor businesses, just as any other land use
should be separated, or buffered from uses with
characteristics different from itself.
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6. Residents of the city and persons who are non-residents,
but who use the City for shopping and other commercial
needs will move from the community or shop elsewhere if
adult businesses are allowed to locate in close proximity
to residential uses, churches, parks, and other public
facilities and schools.
7. Real estate agents and appraisers familiar with
commercial and residential properties have expressed
their opinions that the presence of adult businesses near
residences substantially increases crime and
substantially decreases the property value of such
residences, and that the location of these businesses in
commercial areas tends to detract from the value of
nearby commercial properties, and at the same time tends
to lead to a substantial increase in crime, decrease in
the safety of women and children, and to diminish the
ability to attract other businesses and customers of non-
adult businesses in the area.
8. No evidence has been presented to show that the location
of adult businesses within the City will improve the
commercial viability or quality of life of the community;
and
(m) WHEREAS, zoning, licensing and other police power
regulations are legitimate, reasonable means of obtaining land use
accountability, helping to protect the quality of life in the
community and helping assure that all adult businesses are located
in places that minimize the adverse secondary effects which
accompany the operation of such businesses, and that their
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1 operators comply with reasonable regulations; and
2 (n) WHEREAS, the Mayor and Council recognize the potential
3 harmful effects of adult businesses on children and the
4 deterioration of respect for family values related to and resulting
5 from adult businesses; and
6 (0) WHEREAS, the Mayor and Council find that there may be a
7 deterioration in the quality of businesses which choose to operate
8 in and around adult businesses and that the location of adult
9 businesses may detrimentally affect the City's ability to attract
10 new commercial enterprises in those areas; and
11 (p) WHEREAS, the Mayor and Council desire to minimize and
12 control the secondary effects of adult businesses described
13 hereinabove, and thereby protect the health, safety and welfare of
14 the citizens; protect the citizens from increased crime; preserve
15 the quality of life; preserve property values and the character of
16 surrounding neighborhoods and businesses, deter the spread of urban
17 blight and protect against the threat to public health from the
18 spread of communicable and sexually transmitted diseases; and
19 (q) WHEREAS, it is not the intent of the General Plan
20 policies nor the Development Code ordinances to suppress or
21 restrict any speech or expression rights protected by the First
22 Amendment, but to enact content neutral policies and ordinances
23 which directly address the adverse secondary effects of adult
24 businesses; and
25 (r) WHEREAS, it is not the intent of the Mayor and Council to
26 condone or legitimize the distribution of obscene material, and the
27 Mayor and Council expressly recognize that State law prohibits the
28 sale and distribution of obscene materials; and
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(s) WHEREAS, the Mayor and Council find that the above-stated
recitals are a reaffirmation of the same legislative purposes which
caused the City to adopt the General Plan policies in 1989, the
Development Code provisions in 1991, and the Development Code
Amendments in 1994 and 1995, regarding adult businesses.
SECTION II. Environmental Determination
NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED BY THE
MAYOR AND COMMON COUNCIL THAT:
A. The proposed amendment to the City of San Bernardino General
Plan text will have no significant negative impact on the
environment and is therefore exempt from the provisions of the
California Environmental Quality Act (CEQA) per Section
15061(b) (3).
SECTION III. Findinqs
BE IT FURTHER RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO THAT:
A. The proposed amendment is internally consistent with the
General Plan, in that the General Plan specifies that adult
businesses can locate "in accordance with legislative and
lega1 requirements." This text amendment will not alter the
amount of land available for adult businesses and will only
serve to further clarify General Plan Policy 1.6.2.
B. The proposed amendment would not be detrimental to the public
interest, health, safety, convenience, or welfare of the city,
in that this is a text only amendment and will have no impact
on the physical environment. This change to the text of the
General plan will have no impact on the development standards
for adult businesses.
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RES 96-60
1 C. The proposed amendment would maintain the appropriate balance
2 of land uses within the City, in that the proposed amendment
3 will not impact the balance of land in the city. The proposed
4 amendment is a text amendment only and has no physical impact
5 on the amount of property available for different land use
6 designations.
7 SECTION IV. Amendments
8 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
9 OF THE CITY OF SAN BERNARDINO THAT:
10 A. The General Plan of the city of San Bernardino is amended by
11 changing the text of Pol icy 1. 6.2. A copy of the amended text
12 is attached hereto as Attachment "A" and incorporated herein
13 by reference.
14 B. The text amendment described in section IV, Subsection A is
15 designated as General Plan Amendment No. 96-01 and shall take
16 effect upon the approval by the Mayor and Common Council.
17 SECTION V. Text Chanqe
18 This resolution and the amendment affected by it shall be
19 inserted in the appropriate location in the General Plan which has
20 been previously adopted and approved by the Mayor and Common
21 Council and which is on file in the office of the City Clerk.
22 IIII
23 IIII
24 IIII
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RES 96-60
1
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RESOLUTION. . .ADOPTING FINDINGS AND GENERAL PLAN AMENDMENT
NO. 96-01 TO AMEND THE GENERAL PLAN TEXT REGARDING ADULT
BUSINESSES.
3 I HEREBY CERTIFY that the foregoing resolution was duly
4 adopted by the Mayor and Common Council of the City of San
5 Bernardino at a
regular
meeting thereof, held on the
6
l8th
day of
March
, 1996, by the following
7 vote, to wit:
8 Council Members
9 NEGRETE
10 CURLIN
11 ARIAS
12 OBERHELMAN
13 DEVLIN
14 ANDERSON
AYES NAYS
x
x
x
x
x
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x
ABSTAIN
ABSENT
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MILLER
.q~C~
The foregoing resolution is hereby approved this ~b~
day of March, 1996.
~;ru~
TO~ inor, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
{I
By: ;a'VY'<<? 1.
f:;
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r RES 96-60
. .
ATTACHMENT "A"
It shall be the policy of the City of San Bernardino to:
1. 6. 2 Control the location and number in specified land use districts of alcohol sales,
adult bookstores and businesses, game arcades and other community-sensitive
uses, based on proximity to other adult businesses, residences, schools, religious
facilities, and parks and in accordance with legislative and legal requirements.
* italic text denotes amended language
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