HomeMy WebLinkAbout01- City Attorney CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: James F. Penman, City Attorney Subject: Urgency Ordinance Amending
Development Code Section 19.06.030(2)(A)
Dept: City Attorney regarding Adult Businesses
Date: July 24, 1996 Rl i A
Synopsis of Previous Council action:
02/22/94 - The Mayor and Common Council adopted MC-896, an Urgency Ordinance to allow adult businesses in
the IL, Industrial Light, land use designation, and directed staff to process a Development Code
Amendment through the normal process.
08/15/94 - The Mayor and Common Council adopted MC-909, an ordinance to allow adult businesses in the IL,
Industrial Light, land use district.
12/19/94 - The Mayor and Common Council adopted MC-915, an Urgency Ordinance prohibiting the establishment
of an adult business within 1,000 feet of any religious institution which received development pen-nit
approval before December 19, 1994; and directed staff to process a Development Code Amendment
through the normal process.
06/05/95 - The Mayor and Common Council adopted MC-942, an Ordinance prohibiting the establishment of an
adult business within 1,000 feet of any religious institution which received development permit approval
before December 19, 1994.
Recommended motion: Adopt the urgency Ordinance and direct the Planning Department to initiate
a regular ordinance amending the Development Code.
Signatuk
Contact person: Henry Empeflo, Jr. Deputy City Attorney Phone: 5235
Supporting data attached: Ward: City-Wide (CH and IL Districts)
FUNDING REQUIREMENTS: Amount: — NA
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No.
CITY OF SAN BERNARDINO --- REQUEST FOR COUNCIL ACTION
STAFF REPORT
Currently the Development Code permits adult businesses, subject to a Conditional Use Permit, only
in the CH and IL (Commercial Heavy and Industrial Light) land use districts and provided that they are located
more than 2,000 feet from another adult business, and more than 1,000 feet from any religious institution which
received development permit approval before December 19, 1994, or any school, public park, or residentially
used or residentially zoned property.
When the Mayor and Common Council first adopted Section 19.06.030(2)(A), relating to adult
businesses, and as this section has been amended from time to time, it was intended and assumed that
sufficient land was available in the City for such uses as required by law. However, it has been argued that
the result of the actions of the Mayor and Common Council has been that there remains insufficient land
within the City for such uses as required by law. Notwithstanding such claims, we are still of the
understanding and belief that the land legally available within the City for adult uses is sufficient to meet the
requirements established by the Constitution of the United States, but out of an abundance of caution and to
ensure that the City has met its Constitutional requirements, we recommend that the Mayor and Common
Council adopt this amendment to clarify their intent relative to regulating adult businesses in the City's
Development Code.
This amendment will clarify the prior intent of the Mayor and Common Council that Section
19.06.030(2)(A) of the Municipal Code (Development Code), as amended, will require that the distance
between any adult entertainment business and any of the enumerated sensitive uses shall be measured from
the closest exterior structural wall of the adult entertainment business to the closest property line of the
sensitive use.
This amendment also provides that when such adult businesses are separated from the sensitive uses
by a freeway, river, or flood control channel, the secondary effects of the adult businesses cannot reach the
sensitive uses by a straight line. We recommend that the Mayor and Common Council clarify its prior
position that the distances specified in Section 19.06.030(2)(A)(14)(1) will be measured in a straight line
except when intersected by a freeway, river or flood control channel. In such cases it is appropriate that the
specified distances be measured along the shortest route of travel.
[he:ao\rpt-adlt.ord]
COMMERCIAL DISTRICTS-19.06
2. Measurement of Distance. The distance between any 2 adult entertainment
businesses shall be measured in a straight line, without regard to intervening
structures, from the closest exterior structural wall of each business. The
distance between any adult entertainment business and any religious institution,
school or public park or any property designated for residential use or used for
residential purposes shall be measured in a straight line, without regard to
intervening structures, from the closest exterior structural wall of the adult
entertainment business to the closest property line of the religious institution,
school or public park or the property designated for residential use or used for
residential purposes. Should the straight line distance be intersected by a
freeway, a river or a flood control channel, the distance shall instead be
measured by the shortest route of travel.
3. Signs, All on-site signage shall conform to Chapter 19.22.
4. Viewing Area.
a. It is unlawful to maintain, operate or manage or permit to be
maintained,operated or managed any adult arcade in which
the viewing areas are not visible from a contin'tious main
aisle or are obscured by a curtain, door, wall, or other
enclosure. For purposes of this Section, viewing area means
the area where a patron or customer would ordinarily be
positioned while watching the performance,picture,show
or film.
b. It is unlawful for more than 1 person at a time to occupy any
individually partitioned viewing area or booth.
C. It is unlawful to create,maintain or permit to be maintained
any holes or other openings between any 2 booths or in-
dividual viewing areas for the purpose of providing view-
ing or physical access between the booth or individual view-
ing area.
d. The opening to the viewing area shall be from the main aisle.
B. ALCOHOL BEVERAGE CONTROL"ABC'LICENSE
A business or establishment requiring issuance of an "ABC' license is sub-
ject to a Conditional Use Permit, and shall comply with the following
standard(s), in addition to conditions imposed by the Commission:
Establishments subject to an off-site "ABC' license shall not be located
within 500 feet of any religious institution,school,or public park within
the City; 100 feet of any property designated for residential use of used
for residential purposes; and shall not be located in such dose proximity
to another similar use to cause oversaturation of the neighborhood. The
license application shall be reviewed by the Police Department prior to
City approval.
IIA4 7/92