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Home My WebLink About16-Development Services II. II; '" . . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Fr \1 Boughey, Director Subject: Development Code Amendment No. 95-01 Adult Business Ordinance Clarification Dept: Planning & Building Services Date: May 2, 1995 MCC Date: May 15, 1995 Synopsis of Previous Council Action: 12/15/94 The Mayor and Common Council approved an Urgency Ordinance to clarify language pertaining to Adult Businesses. 02/21/95 Development Code Amendment No. 95-01 was presented to the Planning Commission who forwarded it to the Mayor and Common Council with a recommendation of approval. Recommended Motion: That the hearing be closed; the first reading be waived; and that the Ordinance be laid over for final ." IH r . 'aaapfion. ? N 2- "t. Contact person: AI Bou!!hey Phone: 384-5357 Supporting data attached: Staff Report: Ordinance Ward: Citvwide FUNDING REQUIREMENTS: Amount: N/ A Source:(Acct. No.) (Acct. Description) Finance: Council Notes: Y~L~S-:-IS: 9.s: -# '-II ill ( -q~,;J-.. Agenda Item No. /6 ~- 5 -95" . . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Sl'AFF REPORT SUBJECT: DEVELOPMENT CODE AMENDMENT (DCA) NO. 95-01 REQUEST This is a City initiated proposal to amend the text of Development Code ~19.06.030(2)(A) to clarify the applicability of the 1,000 foot minimum distance criteria for establishing adult businesses near previously permitted religious institutions. KEY ISSUES The key issues are as follows: . The City Attorney's Office determined that clarification was needed regarding the applicability of the minimum 1,000 foot distance criteria for establishing adult businesses near previously permitted religious institutions. . The provision was adopted on December 20, 1994 as an Urgency Ordinance and is now being proposed for adoption as an ordinance. . The Urgency Ordinance (MC-915) stipulates that an adult business shall not be established within 1,000 feet of any religious institution which received development permit approval before December 19, 1994, . The proposed amendment will affect the CH, Commercial Heavy and IL, Industrial Light General Plan Land Use Designations, Citywide. Detailed background information pertaining to the legislative history and purpose of the adult business ordinance and this amendment is available in the Planning Commission Staff Report (February 21, 1995). (See Exhibit 1) ENVIRONMENTAL Staff has evaluated the proposed amendment and determined that it is exempt from CEQA pursuant to the CEQA Guidelines ~15061(b)(3). The proposal provides clarification to a previously adopted ordinance and does not have the potential to result in any significant effects on the environment. . . Development Code Amendment No. 95-01 Mayor and Common Council Meeting of May IS, 1995 Page 2 PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed Development Code Amendment No. 95-01 on February 7, 1995, and voted unanimously (8 ayes, 0 Nays, 0 Abstains and 2 Absent) to recommend to the Mayor and Common Council approval of the Development Code Amendment and adoption of the Ordinance, based upon the attached Findings of Fact (Exhibit 2). Planning Commissioners in attendance: Affaitati, Cole, Gaffney, Kipp, Melendez, Stone, Strimpel and Thrasher. STAFF RECOMMENDATION Staff recommends that the Mayor and Common Council approve the Development Code Amendment (DCA No. 95-01) based on the attached Findings of Fact (Exhibit 2) and adopt the Ordinance (Exhibit 3). Prepared by: Deborah Woldruff, Associate Planner Prepared for: AI Boughey, AICP, Director of Planning and Building Services EXHffiITS I. Planning Commission Staff Report (February 21, 1995) Attachments: A. Findings of Fact (Not Included) B. Proposed Language (Not Included) 2. Findings of Fact 3. Ordinance . . EXHIBIT 1 SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION ------------------------------------------- ------------------------------------------- CASE: DEVELOPMENT CODE AMENDMENT NO. 95-01 AGENDA ITEM: HEARING DATE: WARD: 3 2-21-95 CITYWIDE APPLICANT City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 OWNER: N/A ------------------------------------------- ------------------------------------------- REQUEST /LOCATION - A City initiated proposal to wnend the text of the Development Code to clarify the applicability of the 1,000 foot minimwn distance criteria for establishing adult businesses near previously permitted religious institutions. This ordinance was adopted on December 20, 1994 as an Urgency Ordinance and is being proposed for adoption as an ordinance and will affect the CH, Commercial Heavy and lL, Industrial Light General Plan Land Use Designations, Citywide. ---------------------------------------------------- ---------------------------------------------------- PROPERTY SUBJECT NORTH SOUTH EAST WEST EXISTING LAND USE N/A N/A N/A N/A N/A LAND USE DESIGNATION N/A N/A N/A N/A N/A GEOLOGIC /SEISMIC YES 0 FLOOD HAZARD YES 0 SEWERS: YES 0 HAZARD Z ONE: NO . ZONE: NO . NO . HIGH FIRE HAZARD YES 0 AIRPORT YES 0 REDEVELOPMENT YES 0 ZONE: NO . NOISE/CRASH NO. PROJECT AREA: NO . ZONE: ENVIRONME NT AL FINDINGS: STAFF RECOMMENDATION: 0 Not Applicable 0 E.I.R. wI Significant . APPROVAL . Exern pt Effects 0 No S ignificant 0 CONDITIONS Effec ts 0 Significant Effects, 0 Pote ntial Effects, See Atmched E.R.C. 0 DENIAL Miti gating Minutes Mea sures, o CONTINUANCE NoE .I.R. TO: . . DEVELOPMENT CODE AMENDMENT NO. 95-01 AGENDA ITEM: 3 HEARING DATE: February 21, 1995 Page 2 REQUEST This request is a City initiated proposal to amend the text of Development Code ~19.06.030(2)(A) to clarify the applicability of the 1,000 foot minimum distance criteria for establishing adult businesses near previously permitted religious institutions. This provision was adopted on December 20, 1994 as an Urgency Ordinance and is being proposed for adoption as an ordinance and will affect the CH, Commercial Heavy and IL, Industrial Light General Plan Land Use Designations, Citywide. BACKGROUND In January 1994, the City of San Bernardino determined that the areas which could potentially allow adult businesses, as outlined in the Development Code, may be insufficient in size to adequately provide reasonable opportunities for adult-oriented businesses to locate in the City. In order to safeguard the City's ordinances from potential Constitutional challenges in light of the then recent 1993 United States Court of Appeals, Ninth Circuit, decision in Tooanga Press Inc. V. City of Los An!!eles, 989 Fed.2d. 1524, an amendment to the Development Code was required. On February 22, 1994, the Mayor and Common Council adopted an urgency ordinance (MC- 896) to allow adult-oriented businesses to operate in the IL land use designation in addition to the CH land use designation subject to a conditional use permit (CUP). Staff was directed to prepare a Development Code Amendment to codify the urgency ordinance for inclusion in the Development Code. The amendment (DCA No. 94-01) was prepared as requested and on July 19, 1994, the Mayor and Common Council adopted it as MC-909. It was determined by the City Attorney's Office that clarification was needed regarding the applicability of the minimum 1,000 foot distance criteria for establishing adult businesses near previously permitted religious institutions. On December 15, 1994, the Mayor and Common Council adopted an urgency ordinance (MC-915) to prohibit the establishment of adult businesses within 1,000 feet of any religious institution which received development permit approval before December 19, 1994. Staff was directed by the Mayor and Common Council to prepare an amendment to codify the urgency ordinance for inclusion in the Development Code. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS The project is exempt from CEQA pursuant to the CEQA Guidelines ~15061(b)(3) which states that CEQA only applies to projects andlor . . DEVELOPMENT CODE AMENDMENT NO. 95-{)1 AGENDA ITEM: 3 HEARING DATE: February 21, 1995 Page 3 activities which have the potential for causing a significant effect on the environment. As stated, this project is to clarify the applicability of the 1,000 foot minimum distance criteria for establishing adult businesses near previously permitted religious institutions. Staff has evaluated DCA No. 95-01 and determined that because the proposal is simply a clarification, it does not have the potential to result in any significant effects on the environment. ANALYSIS Amendment Proposal Currently the Development Code permits adult businesses, subject to a CUP, in the CH, Commercial Heavy and IL, Industrial Light land use designations. The distance criteria for establishing adult businesses are: a minimum 2,000 feet from another adult business; and, a minimum 1,000 feet from any religious institution, school, public park, or residentially used or zoned property. This Development Code Amendment (DCA No. 95-01) will clarify the language which prohibits adult businesses from locating within 1,000 feet of any religious institution which has received development permit approval prior to December 19, 1994. All other location restrictions regarding adult businesses in the Development Code will remain the same. Adult businesses will still be prohibited from locating in any residential, commercial or industrial district except in the CH or IL. Adult businesses will still be prohibited from locating within 2,000 feet from another adult business and within 1,000 feet from any school, public park, or residentially used or zoned property. General Plan Consistency The proposed Development Code Amendment is consistent with the General Plan in that General Plan Policy 1.6.2 requires that the location of adult bookstores and businesses be controlled based on proximity to sensitive land uses including religious facilities. . . DEVELOPMENT CODE AMENDMENT NO. 95-01 AGENDA ITEM: 3 HEARING DATE: February 21, 1995 Page 4 CONCLUSION This City initiated request is to amend the San Bernardino Municipal Code (Development Code) to clarify the applicability of the 1,000 foot minimum distance criteria for establishing adult businesses near previously permitted religious institutions. The amendment proposal has been determined to be exempt from CEQA because is does not have the potential to result in any significant impacts on the environment. RECOMMENDATION Staff recommends that the Planning Commission recommend that the Mayor and Common Council approve Development Code Amendment No. 95-01 based on the attached Findings of Fact (Attachment A). ~ submitted, Michael E. ~ssistant Director Planning and Building Services uJJJ1jJj}L eborah Woldruff v1I1/- Associate Planner A TI' ACHMENTS: A. Findings Of Fact B. Proposed Language . . EXHIBIT 2 Development Code Amendment No. 95-01 Mayor and Common Council Meeting of May 15, 1995 Page 1 FINDINGS OF FACT Development Code Amendment No. 95-01 1. The proposed amendment is consistent with the General Plan in that General Plan Policy 1.6.2 requires that the location of adult bookstores and businesses be controlled based on proximity to sensitive land uses including religious facilities. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that it serves only to clarify the applicability of the minimum 1,000 foot distance criteria contained in Development Code ~19.06.030(2)(A) for establishing adult businesses near previously permitted religious institutions.