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HomeMy WebLinkAboutMC-909 Effective: September 15, 1994 1 ORDINANCE NO. MC-909 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.06, SECTION 19 .06. 030 (2) (A) , TABLE 06.03 AND TABLE 08.02 OF THE 3 SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO ADULT BUSINESSES. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 5 ORDAIN AS FOLLOWS: 6 SECTION 1. Development Code Table 06. 03 COMMERCIAL AND 7 INDUSTRIAL DISTRICTS SPECIFIC STANDARDS, is hereby amended to 8 permit Adult Businesses in the CH and the IL Districts (see 9 Attachment A, Development Code Page II-90, attached and 10 incorporated herein by reference) . 11 SECTION 2. Section 19. 06. 030 (2) (A) of the Municipal Code 12 (Development Code) is amended to add the IL, Industrial Light, land 13 use district in addition to the CH, Commercial Heavy, land use 14 district where Adult Businesses are permitted subject to a 15 Conditional Use Permit; all other provisions of Section 16 19 . 06. 030 (2) (A) remain unchanged including the distance 17 requirements separating an adult business from another adult 18 business, religious institution, school, public park or property 19 designated for residential use or used for residential purposes. 20 The first sentence of Section 19. 06. 030 (2) (A) of the 21 Development Code is hereby amended to read as follows (see 22 Attachment B, Development Code Page II-91, attached and 23 incorporated herein by reference) : 24 "A. ADULT BUSINESSES 25 Adult businesses are permitted, subject to a Conditional 26 Use Permit, only in the CH and IL land use districts. For the 27 purposes of this Section, the following definitions shall apply: " 28 1 MC-909 1 SECTION 3. Development Code Table 08. 02 INDUSTRIAL 2 DISTRICTS LIST OF PERMITTED USES is hereby amended to permit Adult 3 Businesses in the IL District (see Attachment C, Development Code 4 Page II-136A, attached and incorporated herein by reference) . 5 I HEREBY CERTIFY that the foregoing ordinance was duly 6 adopted by the Mayor and Common Council of the City of San 7 Bernardino at a regular meeting thereof, held on the 8 15th day of August 1994, by the following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT NEGRETE % 10 - 11 CURLIN % HERNANDEZ % 12 - X 13 OBERHELMAN — DEVLIN % 14 - POPE-LUDLAM % 15 - 16 MILLER % 17 18 � ( ty Clerk 19 The foregoing ordinance is hereby approved this day 20 of August , 1994 . 21 22 Tom Minor, Mayor 23 City of San Bernardino Approved as to 24 form and legal content: 25 JAMES F. PENMAN, City Attorney 26 By:� 27 28 2 MC-909 CO iERCIAL ASTRICTS-1906 + + N + + + + + + + N + + W + + + + a F U + + + + + + + + + + U v tr p U .a N d p M + + + + + + + + + + OM F Q U + + + + + + Lf)w Q H + + + + + + + + + + t z QpU + + + + + + + + + F Z w N w ., m � � � + + + + + + + + + + U (�✓ N O + + + + + + + O m O + + + + + + uU z + m U + + + + + + + m U N C O O C N N m o c ° x i MC-909 COAL R� .LDISTFUCN-19.06 2, LAND USE DISTRICT SPECIFIC STANDARDS In addition to the general development requirements contained in Chapter 19.20 (Property Development Standards), the following standards shall apply to specific commercial land use districts. (See Table 06.03 on previous page.) For residential uses in commercial land use districts, see Table 4.03 and the standards contained in Chapter 19.04.030 (2). A. ADULT BUSINESSES Adult businesses are permitted, subject to a Conditional Use Permit, only in the CH and IL land use districts. For the purpose of this Section, the following definitions shall apply: 1. Adult Arcade. An establishment where, for any form of considera- tion,one or more motion picture projectors, slide projectors or similar machines, for viewing by 5 or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an em- phasis upon the depiction or description of "specified sexual ac- tivities" or "specified anatomical areas." 2. Adult Bookstore. An establishment which has as a substantial portion of its stock-in-trade and offers for sale for any form of con- sideration any 1 or more of the following: a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are charac- terized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas"; or b. Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities." 3. Adult Cabaret. Nightclub, bar, restaurant or similar establishment which regularly features live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities;' or films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual ac- tivities" or "specified anatomical areas." ATTACHMENT B II-91 5/91 MC-909 IN1 iTRIAL DISTRIC'rS-19 os LAND USE ACTIVITY CH OIP IL IH IE 10. Entertainment/Recreational Uses: A. Adult Entertainment C — C —B. Auditoriums, Convention Halls and Theaters C C — —C. Miscellaneous Indoor; and D C D D D. Miscellaneous Outdoor C C C C C 11. Financial; D D — — — 12. Fuel Dealers; C — C D — 13. Funeral Parlors/Mortuaries; D — D D — 14. Gasoline Service Stations; D — D D — 15. Heliports/Helipacis; C C C C C 16. Impound Vehicle Storage Yards C — C D — (with or without towing) 17. Membership organizations, including religious D D D — — facilities, meeting halls, and fraternal lodges; 18. Mining/Extraction, including aggregate, coal, — — — — C gas, metal and oil; 19. Mobile Home Dealers (sales and service); D — D D — 20. Offices/Services (administrative and professional); D D D — — 21. Outdoor contractor's, lumber, and rental yards D — D D D and storage areas for building supplies; 22. Outdoor Horticultural Nurseries; D — D D D 23. Parking Lots; D D D D D 24. Personal Services; D D2 D2 — — 25. Pipelines (As defined by Section 19.20.030 [12] [E] C C C C C or as superseded by State or Federal law); 26. Public utility uses, distribution and transmission D D D D D substations and communcation equipment structures; 27. Publishing/Printing Plants; D D D D — 28. Railroad Yards; — — — D — 29. Recycling Facilities; (In compliance with Section 19.06.030 [2] [M]) 30. Research and Development, including laboratories; D D D D — 31. Retail Commercial; D D2 D2 — — 32. Salvage and Wrecking (dismantling) yards; — — — C C 33. Salvage and Wrecking Facilities C — C C — (completely within an enclosed structure); 34. Swap Meets; C — C C C 35. Towing Services; D — D D — 36. Transportation/Distribution; D — D D — 37. Truck Stops; AT'T'ACHMENT C — — C C — II-136 A 2194 RECE�tw wr aw;Ras.wn Proof of Publication 94 RUG 29 p 1 '.03 CITY OF SAN BERNARDINO OFFICE OF THE CITY CLERK ORDINANCE W.MC-9010 An Ordinance W me City pt STATE OF CALIFORNIA, ) as San aanna 9 o a Sect on 19.06.030(2)(A).fable 06A1 County of San Bernardino, and Table 08.02 of me San Bernrdino Municipal Code (Development COde) per- The undersigned hereby certifies as follows: Atmigt adulnt businesses. I am a citizen of the United States, over the age of twenty-one years, and not a E1994>ive: September 15, Von,:AYES:Council Mon- party to nor interested in the above-entitled matter; I am the principal clerk of the bers Neonate,Curtin,Her- nandez, Obernelman, printer of a newspaper,to wit, The Sur.; the same was at all times herein mentioned a Devlin, Me-Ludlam, newspaper of general circulation printed and published daily,including Sunday,in the SE FULL TEXT OF THIS OR- DINANCE None. Ala- City of San Bernardino, in the County of San Bernardino, State of California; said IS AVAILABLE newspaper is so published every day of the year as and under the name of The Sun,said CITHE LERK. OF THE newspaper has been adjudged a newspaper of general circulation by the Superior TO oMINOR Court of the State of California, in and for the County of San Bernardino,by a judg- RA HCEarLxCLARK ment of said Superior Court duly made, filed and entered on June 20, 1852, in the 5DennisrA.Barriow aSenioor records and files of said Superior Courtin that certain roc edin entitled In the Mat- Assistant a Atrorce lR P g elxa 1 ) Je16 ter of the Ascertainment and Establishment of The Sun as a Newspaper .of Cenral Cir• culation, numbered 73084 in the records of civil proceedings in said Superior Court and by judgment modifying the same,also made,filed and entered in said proceeding; the notice or other process or document hereinafter mentioned was set, printed and published in type not smaller than nonpareil and was preceded with words printed In black face type not smaller than nonpareil describing and expressing in general terms the purport or character of the notice intended to be given; and the SUMMARY OF ORDINANCE MC 909 of which the annexed is a true printed copy, was published in each edition and issue of said newspaper of general circulation, and not in any supplement thereof,on each of the following dates, to wit: AUGUST 24 , 1994 1 Certify under penalty of perjury that the foreggoing�istr true eaand correct. . . . . . . . . . . . . . . . . . . . . . . . . ... . Executed on the . .?4. . . . day of . . . AUGUST_ . . . , 19 .9.4. . . . ., at Son Bernardino, in said County and State. NQ a 000&1181 0 SUMMARY OF ORDINANCE NO. MC-909 An Ordinance of the City of San Bernardino amending Chapter 19.06, Section 19.06.030(2)(A), Table 06.03 and Table 08.02 of the San Bernardino Municipal Code (Development Code) pertaining to adult businesses. Adopted: August 15, 1994 Effective: September 15, 1994 Vote: AYES: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. NAYS: None. ABSENT: None. FULL TEXT OF THIS ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK TOM MINOR RACHEL CLARK Mayor City Clerk Summary approved by: `ZAL 4�ur '64, Dennis A. Barlow, Senior Assistant CityyAttorney CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM CITY CLERK'S OFFICE RECORDS & INFORMATION MANAGEMENT (RIM) PROGRAM DATE: August 24. 1998 TO: All Clients FROM: City Clerk's Office RE: SCANNING DOCUMENT PROBLEM NOTICE NIAYOR AND COMM ION COUNCIL ORDINANCE MC- 909 NOTICE OF: Missing Document. Exhibit/Attachment: Bad Quality Original Document. Map. Hand Written Original. Suture Missing: Ordinance. 1 /Legal Advertisement - Proof Of Publication Bad Ouality The referenced Legal Advertisement Proof of Publication is on newsprint paper. The quality of newsprint paper when scanned is poor and its legibility is impaired. The frill text of the Ordinance Summary as approved by the City Attorney is included for reference, and was published to pursuant to the San Bernardino Charter. Ordinance Summary Not Attached Legal Advertisement - Proof of Publication - Not Attached FOR ASSISTANCE: Should you have any questions on this matter, please do not hesitate to contact either the records management staff, or the Administrative Operations Supervisor (909) 384-5002. Rachel Clark City Clerk RC:mam