HomeMy WebLinkAbout03- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman, City Attorney Subject: An Urgency Ordinance Amending
chapter 19.06, Section
Dept: City Attorney 19 .06.030( 2 ) (A) and Table 06.03
of the Development Code Pertaining
Date: February 18, 1994 to Adult Businesses
Synopsis of Previous Council action:
Development Code
Recommended motion:
Ado - Urgency Ordinance.
Signature
Contact person: Henry Empeno, Jr. Phone: 5255
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct No.)
(Acct Description)
Finance:
Council Notes:
75-0262 Agenda Item No
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Our ongoing review of the City' s ordinances discloses that the
Adult Business Land Use Standards (Development Code
( 519 .06.030( 2 ) (A) ) may be too restrictive under City of Renton v.
Playtime Theaters ( 1986 ) 475 U. S . 41, 106 S.Ct. 925, 89 L.Ed.2d 29,
and under the recent case of Topanga Press, Inc. v. City of Los
Angeles ( 1993 ) 989 F. 2d 1524. The proposed ordinance would allow
for an expansion into IL industrial areas subject to all other
restrictions and disbursement requirements otherwise applicable in
the CH district, such as 2000 feet from another such business and
1000 feet from any church, school or public park, or residential
property. Additionally the businesses would still need a
Conditional Use Permit. The Planning Department will continue to
review this zoning.
75-0264
1 ORDINANCE NO.
2 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 19.06, SECTION 19.06.030( 2) (A) AND TABLE 06.03 OF THE SAN
3 BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO ADULT
BUSINESSES AND DECLARING THE URGENCY THEREOF.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6 SECTION 1. Section 19 .06.030( 2 ) (A) of the Municipal Code
7 (Development Code ) is amended to add the IL, Industrial Light,
8 land use district . in addition to the CH, Commercial Heavy, land
9 use district where Adult Businesses are permitted subject to a
10 Conditional Use Permit; all other provisions of Section
11 19 . 06. 030( 2 ) (A) remain unchanged including the distance
12 requirements separating an adult business from another adult
13 business, religious institution, school, public park or property
14 designated for residential use or used for residential purposes.
15 The first sentence of Section 19.060.030(2) (A) of the
16 Development Code is hereby amended to read as follows ( see
17 Attachment A, Development Code Page 11-91, attached and
18 incorporated hereby by reference) :
19 "A. ADULT BUSINESSES
20 Adult businesses are permitted, subject to a
21 Conditional Use Permit, only in the CH and IL land use
22 districts. For the purposes of this Section, the
23
following definitions shall apply: "
24 SECTION 2. Development Code Table 06.03 COMMERCIAL AND
25 INDUSTRIAL DISTRICTS SPECIFIC STANDARDS, is hereby amended to
26 permit Adult Businesses in the CH and the IL Districts ( see
27 Attachment B, Development Code Page II-90, attached and
28 incorporated herein by reference ) .
DAB/js [Adult.Ord] 1 February 17. 1994
j SECTION 3. Urgency. The Mara r and Common Council do hereby
2 find that the present regulations in the Development Code permit
3 Adult Businesses in only very limited areas of the City. In order
4 to protect the public health, safety and welfare, it is necessary
5 that this ordinance take effect immediately to safeguard the
6 City' s ordinances from potential Constitutional challenges in
7 light of the recent 1993 United States Court of Appeals, Ninth
8 Circuit, decision in Topanga Press Inc. v. City of Los Angeles,
9 989 Fed. 2d. 1524.
10 I HEREBY CERTIFY that the foregoing Ordinance was duly
11 adopted by the Mayor and Common Council of the City of San
12 Bernardino at a meeting thereof, held on the
13 day of 1994, by the following vote, to wit:
14 Council Members: AYES NAYS ABSTAIN ABSENT
15 NEGRETE
16 CURLIN
17 HERNANDEZ
18 OBERHELMAN
19 DEVLIN
20 POPE-LUDLAM
21 MILLER
22
23 City Clerk
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DAB/js [Adult.Ord] 2 February 17, 1994
I AN URGENCY. . .AMENDING CHAPTER 19.06, SECTION 19.06.030(2)(A)
OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) PERTAINING
2 TO ADULT BUSINESSES AND DECLARING THE URGENCY THEREOF.
3 The foregoing Ordinance is hereby approved this day
4 of 1994.
5
6 Tom Minor, Mayor
City of San Bernardino
7
Approved as to form
8 and legal content:
9 JAMES F. PENMAN,
City Attorney
10
11 By•
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DAB/js [Adult.Ord] 3 February 17, 1994
COMMERCIAL DISTRICTS-19.06
2. LAND USE DIST (CT SPECIFIC STANDARD
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 purposes 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."
II-91 5/91
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