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HomeMy WebLinkAboutOrdinance 293 CERTIFICATION I, Marcia M. Torgerson, City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No. 293 adopted by the Atascadero City Council at a regular meeting thereof held on August 16, 1995 and that it has been duly published pursuant to State Law. DATED: - I S = /�� ✓ , AM— Marcia M. Torgerson City Clerk City of Atascadero, California ORDINANCE NO. 293 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, PROHIBITING USES IN CONFLICT WITH ZONING PROPOSAL CONCERNING LOCATION OF ADULT BUSINESSES, AND FURTHER PROHIBITING LOCATION OF ADULT BUSINESSES WITHIN A SPECIFIED DISTANCE OF PUBLIC PARKS, CHURCHES AND SCHOOLS AND WITHIN THE DOWNTOWN, PENDING CONSIDERATION OF PROPOSED ORDINANCES BY THE CITY COUNCIL THE CITY COUNCIL OF THE CITY OF ATASCADERO, STATE OF CALIFORNIA, HEREBY FINDS AS FOLLOWS: WHEREAS, The City of Atascadero has gathered and is gathering evidence regarding appropriate location of adult businesses; and WHEREAS, The City Attorney has prepared a proposed zoning ordinance with findings, based on a staff report, written comments from the public and numerous studies which have been available for public review in the City Attorney's office, concerning location of adult businesses; these documents are hereby incorporated by reference into these findings; and WHEREAS, The basis for the proposed zoning ordinance is to regulate the location of adult businesses to avoid potential adverse secondary effects of inappropriate locations as shown by the evidence gathered, including increased crime, a "skid row" effect and decreased property values, while providing reasonable alternative avenues of communication for those wishing to deliver and receive adult messages; and WHEREAS, The City Council has received a status report and public comment on the regulation of adult businesses. Concerned members of the public testified that location of adult businesses in close proximity to public parks, churches and children's schools and within downtown would result in adverse secondary impacts. The City Council was urged to immediately adopt an interim ordinance on an urgency basis to provide for appropriate location of adult businesses and to protect the health, safety and welfare of its citizens; and WHEREAS, Government Code Section 65858 allows the City Council upon four-fifths vote to adopt an urgency measure prohibiting any uses which may be in conflict with a contemplated zoning proposal that the City Council, Planning Commission or Community Development Department intends to study within a reasonable time; and WHEREAS, There is a current and immediate threat to the public health, safety or welfare from the secondary effects of inappropriate location of adult businesses in the City which would be alleviated by immediate, interim adoption of the proposed ORDINANCE NO. 293 (Urgency) Page 2 zoning ordinance and the addition of a requirement that adult businesses be dispersed by at least 1000 feet from public parks, churches and children's schools and be excluded from downtown. In the absence of an interim, urgency ordinance, approval of additional subdivisions, rezonings, land-use permits, variances, building permits or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to public health, safety or welfare, particularly the safety of children in the vicinity of parks. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS: SECTION 1. INTERIM PROHIBITIONS. (a) During the effective period of this ordinance, no person shall establish an adult bookstore, adult cabaret, adult hotel or motel, adult motion picture theater, or other adult business, as those terms are defined in the proposed zoning ordinance relating to adult businesses, except as permitted in the proposed ordinance. This ordinance is attached hereto as "Exhibit A" and these definitions incorporated herein. (b) During the effective period of this ordinance, no person shall establish an adult bookstore, adult cabaret, adult hotel or motel, adult motion picture theater, or other adult business, as those terms are defined in the proposed zoning ordinance relating to adult businesses, within one thousand (1000) feet of a public park, church or children's school or within the Downtown Master Plan area. SECTION 2. EFFECTIVE DATE AND EXPIRATION. This is an urgency ordinance adopted pursuant to Government Code Section 65858, to be effective immediately upon adoption by four-fifths affirmative vote of the City Council. This ordinance shall remain in effect up to and including September 30, 1995 and shall expire as of October 1, 1995 unless extended by further action of the City Council pursuant to Government Code Section 65858. SECTION 3. WRITTEN REPORT. At least ten days prior to September 30, 1995, the City Council shall issue a written report describing the measures taken to alleviate the threat to the public health, safety or welfare that led to the adoption of this ordinance. SECTION 4. PUBLICATION. Within fifteen days of the adoption of this ordinance, the City Clerk shall cause this ordinance to be published in a newspaper of general circulation, published and circulated in the City. ORDINANCE NO. 293 (Urgency) Page 3 SECTION 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW NOT REQUIRED; FILING OF NOTICE OF EXEMPTION BY CLERK AUTHORIZED AND DIRECTED. This ordinance is exempt from review under the California Environmental Quality Act. It can be seen with certainty that there is no possibility that the proposed, interim ordinance will have any significant effect on the environment because it will prohibit establishment of specified land uses while it is effective. (14 Cal. Code of Regs. §15061(b)(3), 15270.) To the extent that such uses would otherwise have adverse environmental effects, adoption of the ordinance is a procedure for protection of the environment. (14 Cal. Code of Regs. §15308.) The City Clerk is hereby authorized and directed to file a Notice of Exemption with the County Clerk in regard to this ordinance. SECTION 6. SEVERABILITY. If any section, subsection, paragraph, sentence, clause, phrase or word of this ordinance is declared by a court of competent jurisdiction in the form of a final determination to be void, this City Council finds that said voided part is severable, and that this City Council would have adopted the remainder of this ordinance without the severed and voided part, and that the remainder of this ordinance shall remain in full force and effect. INTRODUCED at an adjourned meeting of the City Council held this 16th day of August, 1995 and PASSED AND ADOPTED at an adjourned meeting held August 16, 1995 by the following roll-call vote: AYES: Councilmembers Bewley, Carden, Johnson, Luna and Mayor Highland NOES: None ABSENT: None ADOPTED: 8/16/95 GEORGE . HIGHLAND, Mayor ATTEST: LEE PRICE, City Cferk Ordinance No. 293 (Urgency) Page 3 APPROVED AS TO FORM: AR HER R. MO TAN N, City Attorney Exhibit A to Urgency Ord. No. 293 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ADDING PROVISIONS TO THE ZONING ORDINANCE RELATING TO ADULT BUSINESSES WHEREAS, The City Council of Atascadero intends in the adoption of the following ordinance to rely in part on the opinion of the United States Supreme Court in City of Renton v. Playtime Theaters, Inc., 106 S. Ct. 925, 89 L. Ed. 2d 29 (1986), to regulate the location of adult businesses in the City out of concern for the adverse secondary effects these businesses have or would have on Atascadero's neighbor- hoods and quality of urban life; WHEREAS, The City Council intends at the same time to provide reasonable alternative avenues of communication for these businesses; WHEREAS, The City Council has relied on the reported experiences and studies of other communities in adopting the following regulations, and as a result of these reports makes the following findings of fact: 1 . Experience of other communities, such as Detroit, Michigan; Phoenix, Arizona; San Jose, California; Minneapolis, Minnesota; St. Paul, Minnesota; Indianapolis, Indiana;Whittier, California; Novato, California; Renton, Washington; Los Angeles County, California and other jurisdictions demonstrates that uncontrolled location, particularly concentration of adult businesses degrades the quality of the areas in which they are located and causes a blighting or "skid-row" effect. This skid-row effect will have an increased impact on Atascadero because of its relatively small size and the concentrated nature of its commercial development; 2. A reasonable regulation of the location and concentration of adult businesses and display of adult materials will preserve the quality of urban life and property values for the residents and visitors of Atascadero and will protect residents and visitors from the adverse secondary effects associated with these businesses, while providing reasonable opportunities for those who wish to patronize these businesses to do so in the City of Atascadero. NOW THEREFORE, The Zoning Ordinance of the City of Atascadero is hereby amended to read as follows: SECTION 1. Section 9-6 (Standards) is amended by the addition of the attached Exhibit A. ORDINANCE NO. _ Exhibit A to Urgency Ord. No. 293, con td Page 2 of _ SECTION 2. Severability. If any provision or clause of this Chapter or the application thereof is held unconstitutional or otherwise invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, clauses or applications of this Chapter which can be implemented without the invalid provision, clause or application. SECTION 3. This ordinance shall take effect thirty (30) days after its adoption. INTRODUCED at a regular meeting of the City Council held this _ day of _ 1995, and PASSED AND ADOPTED at a regular meeting held , 1995 by the following roll-call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: GEORGE P. HIGHLAND, Mayor LEE PRICE, City Clerk ORDINANCE NO. EXHIBIT A DRAFT Title 9 (Zoning Ordinance) of the Atascadero Municipal Code is amended by the addition of the following: 107 . Adult Businesses . The purpose of this section is to provide reasonable, uniform regulations to prevent problems of blight, deterioration, and other adverse secondary effects associated with the concentration of adult businesses, while permitting the location of adult businesses in specified locations . 9-6. 108 Definitions 9-6 .109 Permitted Locations 9-6. 110 Exterior Display 9-6.111 Persons Responsible 9-6 . 108 . Definitions (a) Adult Bookstore. A building or portion thereof used by a business devoting more than 25% of the total floor area used for display, sale or rental to display, sale or rental of books, magazines, other printed material, photographs, audiotapes, videotapes, films, or other forms of visual or audio representations which are (1) distinguished by their emphasis on specified sexual activities or specified anatomical areas; or (2) defined as obscene matter or harmful matter by California Penal Code Sections 311 or 313, or their respective successor sections An adult bookstore is an adult business . (b) Adult Cabaret. A building of area used for presentation, exhibitions or other features or entertainment, a substantial portion of the total presentation time of which is characterized by an emphasis on specified anatomical areas or specified sexual activities, including but not limited to strippers and topless or bottomless employees, for observation by customers or patrons . An adult cabaret is an adult business . (c) Adult Hotel or Motel A hotel or motel or similar commercial establishment offering public accommodations for consideration_ which provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions, a substantial portion of the total ORDINANCE NO. EXHIBIT A Page 2 presentation time of which is distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities. An adult hotel or motel is an adult business . (d) Adult Motion Picture Theater. A building or area, open or enclosed, regularly used for presentation of motion pictures, slides or similar audio or visual presentations characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, for observation by customers or patrons . Use is regular when the specified presentations constitute a substantial portion of all presentations made or constitute a substantial part of the theater' s revenues . An adult motion picture theater is an adult business . (e) Establish. With reference to an adult bookstore, adult motion picture theater, adult cabaret, or other adult business : (1) Opening or commencement of operation as a new business . (2) Conversion of an existing business to an adult business. (3) Addition of an adult business to an existing business, whether or not adult, if the addition results in enlarging the place of business . For purposes of this paragraph, enlargement means an increase in the size of the building or area in which the business is conducted by either construction or use of an adjacent building or any portion thereof, whether located on the same or an adjacent lot . (f) Other Adult Business Any other business or commercial establishment not otherwise defined herein: (1) In which the establishment provides entertainment to patrons, a substantial portion of the total presentation time of which is characterized by an emphasis on depicting specified sexual activities or specified anatomical areas; or (2) Which devotes more than twenty-five percent (25%)' of the total area used for display and sale of its stock in trade to items, instruments, and/or paraphernalia characterized by an emphasis on depicting, describing or relating to specified sexual activities ORDINANCE NO. EXHIBIT A Page 3 (g) Specified Anatomical Areas . Pae (1) Less than completely and opaquely covered human genitals, pubic regions, buttock, and female breasts below a point immediately above the top of the areola; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (h) Specified Sexual Activities . (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse or sodomy; (3) Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast . 9-6 . 109. Permitted Locations . '(a) Zones . Adult businesses may be established onlyin the CS (Commercial Service) and I (Industrial) zones . (b) _ Dispersion Requirements . (1) Dispersion from other uses. No adult business shall be established within one thousand feet (10001 ) of the following uses : a. Children' s schools or preschools . b. Public parks c. Churches (2) Dispersion between businesses . No adult business shall be established within one thousand feet (10001 ) of any other adult business whether inside or outside the City. (3) Measurement of Dispersion. The distances specified in this section shall be a straight line, measured without regard to intervening structures, from the nearest point on the lot where the adult business is to be located to the nearest lot line of the other adult business or other specified uses. (c) Prohibition with Downtown. No adult business shall be established within Downtown Zone 1 (Pedestrian Commercial Zone) , Downtown Zone 2 (Downtown Commercial Zone) , Downtown 3 (Restaurant and Entertainment Zone) , or Downtown 4 (Commercial Zone-) ORDINANCE NO. EXHIBIT A Page 4 9-6 . 110 . Exterior Display. (a) Performance Standards . No adult business shall be conducted so as to permit observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public property or way outside the building or area of the business . This provision shall apply to any display, decoration, sign, show window, or other opening. (b) Other Standards . Adult businesses shall comply with other development, performance, design, and signage requirements of the CS and I zone in which they are located. 9-6. 111 . Persons Responsible. The owners, operators and managers of premises which constitute an adult business under this section are responsible for compliance with this section.