Loading...
HomeMy WebLinkAbout41- Planning 7 Building Services Ol CJrrY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Al 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 2)YP lad6ptl6n. MAY a 3 A y Contact person: Al Boughey Phone: 384-5357 Supporting data attached: Staff Report: Ordinance Ward: Citywide FUNDING REQUIREMENTS: Amount: N/A Source:(Acct. No.) (Acct. Description) Finance: Council Notes: ,5/ /s �5 Agenda Item No. _ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF 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: 0 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 15, 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: Al Boughey, AICP, Director of Planning and Building Services EXHIBITS 1. 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 AGENDA ITEM: 3 AMENDMENT NO. 95-01 HEARING DATE: 2-21-95 WARD: CITYWIDE APPLICANT: City of San Bernardino OWNER: N/A 300 North "D" Street San Bernardino, CA 92418 REQUESTALOCATION- A City initiated proposal to amend the text of the Development Code to clarify the applicability of the 1,000 foot minimum 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 IL, Industrial Light General Plan Land Use Designations, Citywide. ExISTING LAND USE PROPERTY LAND USE DESIGNATION SUBJECT N/A N/A NORTH N/A N/A SOUTH N/A N/A EAST N/A N/A WEST N/A N/A GEOLOGIC/SEISMIC YES 11 FLOOD HAZARD YES 0 SEWERS: YES El HAZARD ZONE: No 0 ZONE: NO 0 .1 1 NO 0 HIGH FIRE HAZARD YES 11 AIRPORT YES 0 REDEVELOPMENT YES 0 ZONE: No 0 NOISE/CRASH NO N PROJECT AREA: NO 0 ZONE: ENVIRONMENTAL FINDINGS: STAFT RECOMMENDATION: 0 Not Applicable 0 E.I.R. w/ Significant 0 APPROVAL 0 Exempt Effects 0 No Significant 0 CONDITIONS Effects 0 Significant Effects, 0 Potential Effects, See Attached E.R.C. 0 DENIAL Mitigating Minutes Measures, 0 CONTINUANCE No E.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 1 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. 1 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 Topan a Press Inc. V. City of Los Angeles, 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 ICouncil 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 and/or DEVELOPMENT CODE AMENDMENT NO. 95-01 AGENDA ITEM: 3 HEARING DATE: February 21, 1995 Page 3 I 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. RECONflVIENDATION 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). ZRpec, Michaessistant Director Planning and Building Services U#— Cebdorah Woldruff Associate Planner ATTACBMENTS: A. Findings Of Fact B. Proposed Language I I 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. 0 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.06, SECTION 19.06.030 (2) (A) OF THE SAN BERNARDINO MUNICIPAL CODE 3 (DEVELOPMENT CODE) REGARDING ADULT BUSINESSES. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 SECTION 1. Section 19.06. 030(2) (A) of the Municipal Code 6 (Development Code) is amended to prohibit the establishment or 7 substantial enlargement of an adult business within 1, 000 feet of 8 any religious institution which received development permit 9 approval before December 19, 1994 ; all other provisions of Section 10 19. 06. 030 (2) (A) remain unchanged including the requirement that 11 adult businesses are only permitted in the Ch and IL land use 12 districts. 13 The development standards of Section 19.060. 030(2) (A) of the 14 Development Code is hereby amended to read as follows (see 15 Attachment A, Development Code Pages II-91-93, attached and 16 incorporated herein by reference) : 17 1114. Development Standards. The following standards shall 18 apply to adult businesses: 19 1. Prohibition. It is unlawful to cause or permit the 20 establishment or substantial enlargement of an adult arcade, adult 21 bookstore, adult cabaret, adult motel, adult motion picture 22 theater, adult theater, massage parlor or sexual encounter 23 establishment within 2, 000 feet of another such business or within 24 1, 000 feet of any religious institution which received development 25 permit approval before December 19, 1994, any school or any public 26 park within the City or within 1, 000 feet of any property 27 designated for residential use or used for residential purposes. 28 r,-h ��'� 1 AN ORDINANCE. .AMENDING CHAPTER 19.06, SECTION 19.06.030 (2) (A) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT 2 CODE) REGARDING ADULT BUSINESSES. 3 Adult Businesses are permitted subject to a CUP only in the CH and 4 IL land use districts. " 5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted 6 by the Mayor and Common Council of the City of San Bernardino at a 7 meeting thereof, held on the day of 8 1995, by the following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 NEGRETE 11 CURLIN 12 HERNANDEZ 13 OBERHELMAN 14 DEVLIN 15 POPE-LUDLAM 16 MILLER 17 18 Rachel Clark, City Clerk 19 The foregoing ordinance is hereby approved this day 20 of , 1995„ 21 22 23 Tom Minor, Mayor City of San Bernardino 24 Approved as to form 25 and legal content: 20 JAMES F. PENMAN, City ttorney 28 2 COMMERCIAL DISTRICTS - 19.06 ATTACHMENT "A" 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 consideration, 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 emphasis upon the depiction or description of "specified sexual activities" 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 consideration 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 characterized 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 activities" or "specified anatomical areas." U-91 591 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 reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical 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 features 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 entertainment businesses defined herein; C. The addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or d. The relocation of any such business. 8. Massage Parlor. An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered unless such treatment or manipulation is administered 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 offered as an incidental or accessory service. 9. Sexual Encounter Establishment. An establishment, other than a hotel, motel or similar establishment offering public accommodations, which, for any form of consideration, provides a place where 2 or more persons may congregate, associate or consort in connection with "a=ified sexual II-92 591 COMMERCIAL DISTRICTS - 19.06 activities" or the exposure of"specified anatomical areas." This definition does not include an establishment 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 areola; 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 effective date of this Development Code. s 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 L92