HomeMy WebLinkAboutOrdinances_2324_CCv0001.pdf ORDINANCE . 2324
AN URGENCY ORDINANCE OF THE CITY OF REDLANDS, IMPOSING A
MORATORIUM N ADULT USES AND AN EXCEPTION PROCESS ALLOWING
APPLICATIONS FOR EXCEPTIONS AS TO ADULT USES WITHIN THE CITY OF
REDLANDS DS (GO MENT CODE SECTION 65858)
The Cite Council of the City of Redlands("this City Council",)finds,determines and declares
that-
A. Numerous provisions of the Redlands Municipal Code that regulate adult businesses
including, but not limited to, portions of Title 18 require review, study and,possible revision in
order to respond to recent developments regarding the regulation of adult uses ,and case later
interpretating such regulations. Because of their age, such provisions of the Redlands Municipal
Code fail to fully take into account the secondary effects that are associated with:adult uses and fail
to address the needs of the City and its residents today and in the future.
B;. Government Code Section 5858(x)authorizes this City Council,to protect the public
safety, health and welfare, to adopt as an urgency measure an interim zoning ordinance prohibiting
any uses which may be in conflict with general plan, specific plan and zoning proposals which the
Citi is considering or studying or intends to study within areasonable time.
C: On June 4, 1996,Ci, this City Council held a duly noticed public meeting to consider
the adoption of this urgenev ordinance under Government Code Section 65858. This Citv Council
considered all of the written and oral comments offered.
D. Without the imposition of interim development controls and an exception process,
properties, in the City could quickly receive entitlements to establish adult uses despite the fact that
this Citi Council has determined that the Redlands Municipal Code is in need of updating and has
directed that a ;study be done to recommend new standards and revised sections to the Redlands
,`vjluMicipal Code to address adult uses.
F, This City Council has directed that all studies be pursued as expeditiously as is
practicable. and has authorized the retention of professional consultants, if necessary, to assist in
the stud, (if re�yisions to the zoning provisions of the Redlands Municipal Code,
l- In order to prevent the frustration of said studies and the implementation thereof: the
public interest, health, safety and welfare require the immediate enactment of this Ordinance The
absence ofthis Ordinance would create a serious threat to the orderly and effective implementation_
of any zoning amendments or general plan amendments which may be adopted by the City as a result
of the studies, in that further development of adult uses within the.. City may be in conflict with or
frustrate the contemplated updates and revisions to the Redlands Municipal Code or the City's
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general plan,specific pl and zoning regulations and may result in the secondary effects from adult
uses in conflict with the contemplated updates and revisions to the Redlands Municipal Code and/or
the City's general plan., specific plans and zoning regulations.
G is City Council finds that this Ordinance is necessary in order to preserve the City
from the potential secondary effects of adult businesses including crime,e,the protection of the City's
retail trade, maintenance of property values, protecting the preserving the quality of the City's
neighborhoods and the City's commercial districts,the protection of the City's quality of life, and
the increased threat of the spread of sexually transmitted diseases and the protection of First
t
Amendment rights,and the peace,welfare and privacy of persons who patronize adult businesses.,
Experience in this City, as well as in cities and counties within and outside California including the
County= of Los Angeles, the City of Carden trove and the cities of Fenton, Washington, Seattle,,
Washington; Detroit, Michigan; Austin, Texas, Indianapolis; Indiana, and Phoenix, Arizona have,
demonstrated that such uses have objectionable secondary effects upon immediately adjacent
residential and commercial areas. The City recognizes and relies upon the experience of these other
cities and counties in adopting adult business regulations including the County of Los Angeles (as
discussed in Smith v. County of Los Angeles (1989) 211 Cal. App.3d 188); Cite of .Denton,;
Washington(as discussed in City of Renton v. Playtime Theatres, Inc. (1976)475 U.S. 41) and the
City of Seattle, Washington(as discussed in Northend Cinerea v. City of Seattle(1978) 90 Nash.
?d 709, 585 P.2d 1153); and the County of Palm Beach, Florida (as discussed in Movie & Video
World v. Board of County Commissioners (S.D. Fla. 1989) 723 F.Supp. 695);in support of this
Ordinance. The City also recognizes and relies upon the studies done by: (1) the City of Los
Angeles in 197T. and(2)the 1991 report to the City of Garden drove by Lars. McCleary and Meeker
on the relationship between crime and adult business operations, ( )the 1979 Adult Use Study by
the Phoenix Planning Department; (4) the 1984 "Analysis of Adult Entertainment Business in
Indianapolis" by the Department of Metropolitan Development; and (5) Austin, Texas' study on
effects of adult businesses,
11. This City€ Council finds that this Ordinance is immediately required to preserve the
CAN'. including the City's commercial and residential areas, from the possible secondary effects of
adult businesses during such period of time to complete the studies and proposed revised zoning and
other provisions"of the Redlands Municipal Code in order to protect the City and its residents from
the above-recognized potential secondary effects:
t.. This City Council finds,determines and declares that there is a current and immediate
threat to the public health, safety or welfare of the City and its citizens and that the approval of any
applicable entitlement for use which is required in order to comply with the zoning provisions ofthe
Redlands Municipal Code would result in that threat:to public health, safety or welfare, thereby
necessitating the immediate enactment of the Ordinance, The facts constituting such an urgency'
are set forth in Sections A-H inclusive, of this Ordinance.
Jt This City Council further finds that this is a mater of City-wide importance and is
not directed towards nor targeting any particular parcel of property or proposed use.
DIM19 I8L
THE CITY COUNCIL OF THE C CITY OF REDL DOES ORDAIN AS FOLLOWS:
Section I� Extension.
No application for discretionary approvals shall be accepted by the City with regard to any
of the following types of uses.
- Adult Arcade
- Adult Bookstore
- Adult Business
- Adult Cabaret
- Adult Dance Studio
- Adult Hotel/Motel
- Adult Theater
Section 2. Reqgtat fur,E—xg=Lion
Any person who desires to establish within the City a use which is prohibited from being
established by the operation of this Ordinance may request an exception from the City. Any use
which is granted an exception may be established in the City irrespective of the provisions of the
Redlands Municipal Code referenced in Section A, above, of this Ordinance, which provisions are
currently under study, Except as specifically set forth above,the grant of a request for exception by
the Cit-,- shall not release the applicant from complying with any applicable federal,state or local law
or regulation:
Section_3, Aj2l2lication for ReQue*t f�r
xcetttion-
The City's Community Development Department shall prepare the necessary forms for
persons who wish to request an exception to the provisions of this Ordinance. Until such forms
are avallable- the Community Development Department shall utilize the City's "Planning
Appilcation" torm. This City Council, by resolution, shall set the application fee, for the request for
Qxception; provided such fee shall not exceed the reasonable estimated costs of the City expended
in processing such an application,
`iectjon 4, Grant or Dual,gf L,%:
ception.
Tht: Community Development Director('Director") shall Qyant,conditionally grant or deny
a request for an exception to the pro�,,Isions of this Ordinance. Any conditions imposed upon the
exception application shall be in keeping with the objective development standards of the underlying
zonina district in which the property is located. The Director shall approve an application for
exception where the information submitted by the applicant substantiates all of the following
findings:
DIM141 91A,
a. That the proposed use is located within the City's M-2 General Industrial District
Zone as designated on the City's Official Zoning Map as defined in Title 18 of the Redlands
Municipal Code.
b. That the proposed site is not located within a one thousand (1,000) foot radius of a
school or park. The distance between the adult use or proposed adult use and a park or school shall
be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use
to the property line of the school or park site, measured along a straight line extended between the
two points.
C. That the proposed site is not located within a one thousand (1,000) foot radius of a
religious institution. The distance between the adult use or proposed adult use and a religious
institution shall be measured from the nearest exterior wall of the facility housing the adult use or
proposed adult use along a straight line extended to the nearest exterior wall of the facility housing
the religious institution.
d. That the proposed site is not located within a one thousand(1,000) foot radius to any
residential zone. The distance between the adult use or proposed adult use and a residential zone
shall be measured between the nearest exterior wall of the proposed use, and the nearest lot line
included within the residential zone, along a straight line extended between the two points.
e. That the proposed use satisfies and is consistent with all of the development standards
set forth in Title 18, of the Redlands Municipal Code.
The Director shall deny the request for exception where the information submitted by the
applicant fails to substantiate the above-described findings. The Director shall render a written
decision on the request for exception within fifteen (15) days of receiving a completed exception
application. The Director shall determine whether an application is complete within five(5)working
days of its submittal to the Community Development Department.
-&-ction A1212eal Qf C-mmunity-Development Director's,Decision.
Any interested person may appeal the decision of the Community Development Director to
the City Council in writing within ten (10) days after the written decision of the Director. Notice
of the Director's decision shall be mailed to all property owners shown on the last equalized
assessment roll of' the County located within three hundred (300) feet of the proposed use.
Consideration of an appeal of the Director's decision shall be at a public hearing which shall occur
within thirty (30)days of the filing or initiation of the appeal. Any City Council action on an appeal
of the Director's decision shall be by a majority vote of the quorum of the City Council and shall be
final and conclusive. This City Council shall render a decision on the appeal within thirty (30)days
of the hearing,
czso
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In addition to the definitions contained in the Redlands Municipal Code,the following words
and phrases shall, for the purposes of this Ordinance, be defined as follows, unless it is clearly
apparent from the context that another meaning is intended. Should any of the definitions be in
conflict with the current provisions of the Redlands Municipal Code,these definitions shall prevail;;
a. "Adult Arcade" shall mean any business establishment or concern;to which the public
is permitted or invited and where coin or slug operated or electronically,electrically or mechanically
controlled amusement devices, still or motion picture machines, projectors, videos or other image-
producing devices are maintained to show images on aregular or substantial basis,where the images
so displayed are distinguished or characterized by an emphasis on matter depicting or describing
"specified sexual activities" or "specified anatomical areas."'
b. "Adult Bookstore" shall mean any business establishment or concern having as a.
regular and substantial portion of its stock in trade, "material" (as defined below) which is
distinguished or characterized by its emphasis on matter depicting, describing, or relating to
"specified sexual activities" or "specified anatomical areas."
C. "Adult Business" shall mean;
1 Any business establishment or concern which as a regular and substantial
course of conduct operates as an adult bookstore, adult theater, adult arcade, adult cabaret, adult
motel or hotel; or
('2) Any business establishment or concern which as a regular and substantial
course of conduct offers. sells or distributes adult oriented merchandise or sexually oriented
merchandise, or which offers to its patrons materials, products, merchandise, services or
entertainment characterized by an emphasis on matters depicting,describing,or relating to "specified
sexual activities" or"specified anatomical parts," but not including those uses or activities which are
preempted by State law.
d, `"Adult Cabaret" shall mean a nightclub, bar or other business establishment or
concern ('whether or not serving alcoholic beverages) which features live performances by topless
and.lor bottomless dancers, go-go dancers, exotic: dancers, strippers, or similar entertainers, and
where such performances are distinguished or characterized by their emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified anatomical areas."
e. "Adult lance Studio" shall mean any business establishment or concern which
provides for members of the public a partner for dance where the partner, or the dance, is
distinguished or characterized by the emphasis on matter depicting, or describing or relating to
"specified sexual activities" or "specified anatomical areas."
MW SLE
"Adult Hotel/Motel shall mean hotel or motel,as defined in the Redlands Municipal
Code,which is used for presenting on a regular and substantial basis material which is distinguished
or characterized by the emphasis on matter depicting or describing or relating to "specified sexual
activities" or"specified anatomical areas" through closed circuit or cable television or'through video
tape recorder where video tapes are provided by the hotel/motel.
g. "Adult Oriented Merchandise" shall mean sexually oriented implements,
paraphernalia, or novelty items, such, as but not limited to. dildos, auto sucks, sexually-oriented
vibrators,benwa balls, inflatable orifices,anatomical balloons with orifices,simulated and battery
operated vaginas,and similar sexually-oriented devices which are designed or marketed primarily
for the stimulation of human genital organs or sado-masochistic activity or distinguished or
characterized by their emphasis on matter depicting, describing or relating to "specifiedsexual
activities" or "specified anatomical areas."
h "Adult Theater" shall mean a theater or other commercial establishment with or
without a stage or proscenium, which is used for presenting, on a regular and substantial basis,
"material" which is distinguished or characterized by an emphasis on matter depicting;,or describing,
or relating to "specified sexual activities" or"specified anatomical areas."
is "Arcade Booth" shall mean any enclosed or partially enclosed portion of an
establishment in which an adult arcade is located, or where a live performance is presented, on a-
regular or substantial basis, where the material presented is distinguished or characterized by an
emphasis on matter'depicting, or describing,or relating to "specified sexual activities"" or"specified
anatomical areas."
"Material"relative to adult businesses, shall mean and include, but not be limited t
accessories.books.magazines,photographs,prints,drawings,paintings,motion pictures,
pamphlets.,
�,°ideo . slid: . tapes. or electronically generated images or de=ices including computer software, or
anv combination thereof.:
k- "Park site" small mean any property Within the City which is designated "parr'"on the
'itv's General Plan Land Use Map or Zoning Map.
1;. "Religious Institution" shall mean a facility sued primarily for religious assembly or
worship and related religious activities=
ill. "Residential Zone shall mean any property within the City which is designated
Residential on the City's Zoning Map, including "residential estate"', "low density" residential",
medium density residential" and "high density residential".
n, "School" shall meant any institution of learning for minors whether public or private,
which offers instruction in those courses of study required by the California Education Code or
which is maintained pursuant to standards set by the State Board of Education and has an approved
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DIN19I IX
use pe t, if required, under the applicable jurisdiction, This definition includes a nursery school,
k,indergarten, elementary school,junior high school, middle school, senior high school, a special
institution of learning under the jurisdiction of the state Department of Education, or an institution
of higher education, including a community orjunior college, college or university. The definition
of school does not include a vocational institution.
0. "Specified Anatomical Areas" shall mean:
(1) Less than completely and opaquely covered,and/or simulated to be reasonably
anatomically correct,-even if completely and opaquely covered-
(a) human genitals, pubic region;
(b) buttock, or
(c) female breast below a point immediately above the top of the areola,
or
(2) Human or simulated male genitals in a discernible turgid state, even if
completely and opaquely covered.
P. "Specified Sexual Activities" shall mean:
(1) Human genitals in a state of sexual simulation or arousal; or
(2) Acts of human masturbation, sexual stimulation or arousal; and/or
(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus or
masturbation: and/or
(4) Masochism, erotic or sexually-oriented torture, beating, or the infliction of
pain. an&'or
(5) Human excretion, urination, menstruation, vaginal or anal irrigation: and/or
(6) Fondling or other erotic touching of human genitals, pubic region, buttock,
or female breast,
Section 7. LeverabiliL,,!.
If any section.subsection,sentence,clause phrase or word of this Ordinance is for any reason
held to be invalid by a cotirt of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance. This City Council hereby declares that it would have
passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that
one or more provisions may be declared invalid.
DJM, 91SLE 7
SeCtiffl-I Publication,
The Mayor shall sigh this ordinance and the City Clerk shall certify to the adoption ofthis
ordinance and shall cause it, or a summary of it,to be published in the manner prescribed by law.
Section 9 rgmry M a�=.
This Ordinance shall be introduced, passed and adapted at one and the same meeting and
shall become effective immediately and shall expire and be of no finther force and effect forty-five
(45) days from its effective date: The reasons for this urgency are set forth in Paragraphs A-
incusive, and Sections 1-8, inclusive, of this ordinance.
e.
Mayor of the City of Redlands
ATTEST:
CiciC�Ierk
1. Lorne Poyzer. City Clerk ofthe City of Redlands, hereby certify that the foregoing ordinance was
duly- adapted by the City Council at a regular meeting thereof held on the 4th day of June, by the
following vote:
AYES: Gnunc:lmemberaGilbreath Cunningham, Gil, Banda; Mayor Larson
NOES: None
ABSTAIN: None
ABSENT: Iran
City ry erk of ,.w
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