HomeMy WebLinkAboutMC-915 Effective: December 19, 1994
1 ORDINANCE NO. MC-915
2 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 19 .06, SECTION 19 .06.030(2 ) (A) OF THE SAN BERNARDINO
3 MUNICIPAL CODE (DEVELOPMENT CODE) REGARDING 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 prohibit the establishment or
8 substantial enlargement of an adult business within 1,000 feet of
9 any religious institution which received development permit
10 approval before December 19, 1994; all other provisions of Section
11 19 .06. 030(2) (A) remain unchanged including the requirement that
12 adult businesses are only permitted in the CH and IL land use
13 districts .
14 The development standards of Section 19 . 060 .030(2 ) (A) of the
15 Development Code is hereby amended to read as follows (see
16 Attachment A, Development Code Pages II-91-93, attached and
17 incorporated herein by reference) :
18 "14 . Development Standards . The following standards shall
19 apply to adult businesses :
20 1 . Prohibition. It is unlawful to cause or permit the
21 establishment or substantial enlargement of an adult arcade, adult
22 bookstore, adult cabaret, adult motel, adult motion picture
23 theater, adult theater, massage parlor or sexual encounter
24 establishment within 2, 000 feet of another such business or within
25 1, 000 feet of any religious institution which received development
26 permit approval before December 19, 1994, any school or any public
27 park within the City or within 1,000 feet of any property
28 designated for residential use or used for residential purposes .
HE:aoUdutt2.0rd3 1 December 15, 1994
MC-915
1 Adult Businesses are permitted subject to a CUP only in the CH and
2 IL land use districts . "
3 SECTION 2 . Urgency. This urgency ordinance must take
4 effect immediately in order to protect the public health, safety,
5 and welfare, and to protect the City's ordinances from potential
6 Constitutional challenges . Religious institutions in certain IL
7 land use districts, if granted development permit approval in the
8 future, would significantly reduce the reasonably available areas
9 where adult businesses may be located. It is necessary that this
10 ordinance take effect immediately to safeguard the City's
11 ordinances from potential Constitutional challenges in light of
12 the 1993 United States Court of Appeals, Ninth Circuit, decision
13 in TOAanga Press Inc v. City of Los Angeles, 989 Fed 2d. 1524,
14 which recited the United States Supreme Court ruling in City of
15 Renton, at al. v. Playtime Theatres, 475 U. S. 41, 106 S.Ct. 925,
16 89 L.Ed. 2d 29 ( 1985) that a city's ordinances must provide adult
17 businesses a reasonable opportunity to open and operate within the
18 city.
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HE:ao[Adult2.0rd] 2 December 15, 1994
MC-915
1 AN URGENCY ORDINANCE. . .AMENDING CHAPTER 19.06, SECTION
2 19.06.030( 2) (A) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT
CODE) REGARDING ADULT BUSINESSES AND DECLARING THE URGENCY
3 THEREOF.
4 I HEREBY CERTIFY that the foregoing Ordinance was duly
5 adopted by the Mayor and Common Council of the City of San
6 Bernardino at a raa»lar meeting thereof, held on the 19th
7 day of December 1994, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
8
NEGRETE X
9
10 CURLIN X
HERNANDEZ X
11
OBERHELMAN X
12
DEVLIN X
13
POPE-LUDLAM X
14
MILLER X
15
16 ��.c.kz.C.
17 City Jerk
18
The foregoing Ordinance is hereby approved this A r(day
19
Of December 1994.
20
21
TOM Minot, Mayor
22 City of San Bernardino
23 Approved as to form
and legal content:
24
JAMES F. PENMAN,
25 City Attorney
26 ` r
By:
27 OF
28
HE:ao[Adult2.0rd] 3 December 15, 1994
MC-896 MC-915
COMMMCIAL DISTRICIB-19m
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 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."
11-91 5191
Attachment "A"
MC-915
COMMERCIAL DISTRICTS-19.06
4. Adult Motel. A motel or similar establishment offering public
accommodations for any form of consideration which provides
patrons with closed-circuit television transmissions, films,motion
pictures, video cassettes, slides or other photographic reproduc-
tions which are characterized by an emphasis upon the depiction
or description of "specified sexual activities" or "specified anatomi-
cal areas."
5. Adult Motion Picture Theater. An establishment where,for any
form of consideration,films,motion pictures, video cassettes, slides
or similar photographic reproductions are shown, and in which a
substantial portion of the total presentation time is devoted to the
showing of material which is characterized by an emphasis upon
the depiction or description of"specified sexual activities" or
"specified anatomical areas."
6. Adult Theater. A theater, concert hall, auditorium or similar
establishment which,for any form of consideration,regularly fea-
tures live performances which are characterized by the exposure of
"specified anatomical areas" or by "specified sexual activities."
7. Establishment of an Adult Entertainment Business.
Includes any of the following:
a. The opening or commencement of any such business as
a new business;
b. The conversion of an existing business,whether or not
an adult entertainment business, to any of the adult enter-
tainment businesses defined herein;
C. The addition of any of the adult entertainment bus-
inesses defined herein to any other existing adult entertain-
ment business; or
d. The relocation of any such business.
8. Massage Parlor. An establishment where,for any form of considera-
tion, massage, alcohol rub,fomentation,electric or magnetic treat-
ment,or similar treatment or manipulation of the human body is
administered unless such treatment or manipulation is ad-
ministered by a medical practitioner,chiropractor, acupuncturist,
physical therapist or similar professional person licensed by the
State. This definition does not include an athletic club,health club,
school, gymnasium,reducing salon, spa or similar establishment
where massage or similar manipulation of the human body is of-
fered as an incidental or accessory service.
11-92 5l91
MC-915 COMMERCIAL DISTRICTS 19.06
9. Sexual Encounter Establishment- An establishment,other than
a hotel,motel or Similar establishment offering public accommoda-
tions,which, for any form of consideration,provides a place where
2 or more persons may congregate, associate or consort in connec-
tion with "specified sexual activities" or the exposure of "specified
anatomical areas." This definition does not include an es-
tablishment where a medical practitioner, psychologist, psychiatrist
or similar professional person licensed by the State engages in
sexual therapy.
10. .Specified Anatomical Areas, Includes any of the following:
a. Less than completely and opaquely covered human
genitals, pubic region,buttocks,anus or female breasts
below a point immediately above the top of the areole;or
b. Human male genitals in a discernibly turgid state,even if
completely and opaquely covered.
11. Specified Sexual Activities, Includes any of the following:
a. The fondling or other erotic touching of human genitals,
pubic region,buttocks, anus or female breasts;
b. Sex acts,normal or perverted, actual or simulated,
including intercourse,oral copulation or sodomy;
C. Masturbation, actual or simulated;or
d. Excretory functions as part of or in connection with any
of the activities set forth in subdivisions a. through c. of this
subsection.
12. Substantial Enlargement. The increase in floor area occupied by
the business by more than 10%,as such floor area exists on the ef-
fective date of this Development Code.
13. Substantial Portion. For the purposes of subsection 2.A.2. of this
section, "substantial portion" shall mean 20%or more of the face
value of the stock in trade,or 20% of the floor area of the store,
whichever is more. MC-799 7-2-91
14. Development Standards. The following standards shall
apply to adult businesses:
1. Prohibition. It is unlawful to cause or permit the
establishment or substantial enlargement of an adult arcade, adult
bookstore, adult cabaret, adult motel, adult motion picture
theater, adult theater, massage parlor or sexual encounter
establishment within 2,000 feet of another such business or within
1, 000 feet of any religious institution which received development
permit approval before December 19, 1994, any school or any public
park within the City or within 1,000 feet of any property
designated for residential use or used for residential purposes.
Adult Businesses are permitted subject to a CUP only in the CH and
IL land use districts.
II-93 1/92
f-
RPaaa atiNr far on aaaq a"
Proof of Publication „ .
'95 JAN -2 P 4 :29
CITY CLERK'S OFFICE
STATE OF CALIFORNIA, l St/MMaaV OF
1 4. ORO NANCE q.aK vrs
County of San Bernardino, °city onlbatra of the
San aemarainI,
amenainI ,.. (2) 19.06,
Section 1906.030(31(A) of
S Bernardino Mo-
The undersigned hereby certifies as follows: the nmipal an coact (Deyal.0
ent Code) regarding
1 am a citizen of the United States, over the age of twenty-one years, and not• cda:ti n°9 siine suasencv
to nor interested in the above-entitled matter; I am the principal clerk of the thereon
party AdamlveDeDecm lie,199,4
printer of a newspaper,to wit, The Sur, the same was at all times herein mentioned a 1994
newspaper of general circulation printed and published daily,including Sunday,in the vote AYES council Memhers
City f San Bernardino, in the Count of San Bernardino, State of California; said Nau,ote, Corlin, Mernan-
ty Y dez, oterhelman_ Devlin,
newspaper is so published every day of the year as and under the nametof The Sun,said Pope-Ludlam, Miler.
NAYS: None.
newspaper has been adjudged a newspaper of general circulation by the Superior ABSENT: None
Court of the State of California, in and for the County of San Bernardino,by a judg- FULL EX ry of IsHIS
meat of said Superior Court duly made, filed and entered on June 20, 1852, in the IALAB os!N TIEE
records and files of said Superior Court in that certain proceeding entitled In the Mat- CITY CLERK
ter of the Ascertainment and Establishment of The Sun as a Newspaper of Cenral Cir- TOM MINOR
Mayor
culation, numbered 79084 in the records of civil proceedings in said Superior Court RAWEL CLARK
City Clerk
and by judgment modifying the same,also made,filed and entered in said proceeding; .Summary approved Gtv
qyv:
the notice or other process or document hereinafter mentioned PENMAN,oned was set, printed and Attorney
published in type not smeller than nonpareil and was preceded with words printed in 13/23 (40) 2173
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-915 ADULT BUSINESSES
. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . .. . . . . .
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:
DECEMBER 23, 1994
1 certify under penalty of peNrJ'u�ry�thaI the foregoing is true and correct.
Executed on the . . . . . .27. . . . day of DECEMBER. . . . . . . . . . . . . . . . .. . . . .. 18 . .94. . . . . . ., at
San Bernardino, in said County and State. NO.i
asouusi
O 4
Proof of Publication R€
JAN -2 P 4 29
CITY CLERK'S OFFICE
SUM ARY OF
STATE OF CALIFORNIA, }'Q' ORDINANCE NO.MC-915
County of San Bernardino, An urgency ordinance or the
City f San Bernardino
amending Chapter 19.06,
The undersigned hereby certifies as follows: Section 19 omards)tap-of
the San Bernartlin0 Mu-
nicipal Code (Develop-
1 am a titian of the United Stated, over the age of twenty-one yeah, and not• a ant Code) regarding
dult businesses and de-
party to nor interested In the above-entitled matter; I am the principal the urgency pal clerk of the thereof.
printer of a newspaper,to wit, The Sur.; the same was at all lima herein mentioned a Ef eci e ' Vtive:Decembei I ,,
newspaper of general circulation printed and published dally,including Sunday,in the v'o'te:°
City of San Bernardino, in the County of San Bernardino, State of California; said ANess@leocucriin,MHorgans
newspaper is so published every day of the year as and under the nameoof The Sun,mid PoFe-OLUdrlam,mhloeylin,
newspaper has been adjudged a newspaper of general circulation by the Superior AA rS. No c.None
Court of the State of California, in and for the County of San Bernardino,by a judg. FULL TEXT OF THIS
ment of said Superior Court duly made, filed and entered on June 20, 1952, in the AvO DIVAN E THE
records and film of sold Superior Court in that certain proceeding entitled In the Mat- OFFICE COF T E
CITY terof the Ascertainment and Establishmentof The Sun ad a Newspaper of General Cir- TOM MINOR
collation, numbered 73054 in the records of civil proceedings in said Superior Court RACHEL CLARK
and by judgment modifying the same,also made,filed and entered in said proceeding; City Clerk
summer approved bY'
the notice or other process or document hereinafter mentioned was set, printed and JAroMrES PENMAN,City
published in type not smaller than nonpareil and was preceded with words printed in 12/23 wg) 2173
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-915 ADULT BUSINESSES
........ .. ....... ... . .. ....... ..... .. . . . ...... .. ................... . ....
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:
DECEMBER 23, 1994
I certify under penalty of ury that the(or reacting is true and coReet.
.... . . . . ... .... . . . . . . . I . . . . . .
. . . . .e '.'�.�.��.�`1. '.V. .. . .. . . .....
27 DECEMBER 94
Executed on the .... . .. . . . day of ... .. . . . . . . . . . I. . . . ... ...1 19 . .. . .. . . .. at
San Bernardino, in said County and State. NQ 8
g 4181
SUMMARY OF ORDINANCE NO. MC-915
An urgency ordinance of the City of San Bernardino amending Chapter 19.06, Section
19.06.030(2)(A) of the San Bernardino Municipal Code (Development Code) regarding adult
businesses and declaring the urgency thereof. .
Adopted: December 19, 1994
Effective: December 19, 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: L., An,_
es F. Penman, City Attorney
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
bLAYOR AND COMMON COUNCIL
ORDINANCE MC- 915
NOTICE OF:
Missing Document.
Exhibit/Attachment:
Bad Oualitv Original.
Document.
Map.
Eland Written Original.
Signature Missing•
Ordinance.
'
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