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Home My WebLink About11/21/1995, C-2 - ADULT ENTERTAINMENT ORDINANCE MEEnNG DATE: city of San 1Ui s OBISPO ITEM Nov. 21 1995 COUNCIL AGENDA REPORT FROM: Jeffrey G. Jorgensen, City Attorney Cindy B. Clemens, Assistant City Attorney 0/ SUBJECT: Adult Entertainment Ordinance CAO RECOMMENDATION: Give Final Passage to Ordinance No. 1286 (1995 Series) , adding Chapter 17.95 to the San Luis Obispo Municipal Code, Amending Table 9 of the Zoning Regulations, Adopting the Negative Declaration of Environmental Impacts and Repealing Interim Moratorium Imposed in Ordinance No. 1281. DISCUSSION: On November 7, 1995, the City Council passed to print Ordinance No. 1286 (1995 Series) , adding Chapter 17.95 to the San Luis Obispo Municipal Code regarding the establishment of adult entertainment businesses, amending Table 9 of the Zoning Regulations, adopting the Negative Declaration of Environmental Impacts, and repealing the Interim Moratorium Imposed in Ordinance No. 1281 (1995 Series) . FISCAL IMPACT: There is no anticipated fiscal impact on the City. JGJ/sw Attachments: Ordinance No. 1286 ORDINANCE NO. 1286 (1995 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO REGARDING THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES WHEREAS, Chapter 5.40 of the San Luis Obispo Municipal Code regarding adult entertainment businesses was repealed by the City Council and a one hundred twenty (120) day moratorium on the establishment of any adult entertainment businesses was enacted on September 5, 1995 under Ordinance No. 1281 (1995 Series) ; and WHEREAS, the Planning Commission held a public hearing on October 11, 1995, to review the proposed amended adult entertainment ordinance and recommended that the City Council adopt the proposed ordinance; and WHEREAS, the City Council held a public hearing on November 7, 1995, to receive public input on the proposed amended adult entertainment ordinance; and WHEREAS, the City Council makes the following findings: 1. The purpose and intent of this. Ordinance is to regulate adult entertainment businesses which, unless closely regulated, tend to have serious secondary effects on the community. Special regulation of these businesses is necessary to prevent these adverse effects and the blighting or degradation of the neighborhoods in the vicinity of adult entertainment businesses. 2. • The City Council, in adopting this Ordinance, takes legislative notice of the existence and content of studies concerning the adverse secondary effects of adult entertainment businesses in other cities including studies from: Garden Grove, California (1991) ; Seattle Washington (1989) ; Austin, Texas (1986) ; Indianapolis, Indiana (1984) ; Houston, Texas (1983) ; Minnesota Crime Prevention Center (1980) ; Whittier, California (1978) ; Los Angeles, California (1977) ; Amarillo, Texas (1977) . 3. The City Council finds that these studies from other cities are relevant to the problems addressed by the City of San Luis Obispo in enacting this Ordinance and finds that these studies provide convincing documented evidence that: (A) The proximity of adult entertainment businesses to sensitive land uses, such as residential zones, churches, and schools, tend to result in the blighting and deterioration of those areas in which such uses are located. (B) An increase in crime tends to accompany, concentrate around, and be aggravated by unregulated adult entertainment businesses, including but not limited to an Ordinance No. 1286 (1995 Series) Page 2 increase. in the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons and property. (C) Unregulated adult entertainment businesses have a deleterious effect on nearby businesses and residential areas, causing a decrease in property values and businesses and residents to move elsewhere. 4 . Based on these studies, the City Council has determined that special regulation of adult entertainment businesses is necessary to ensure their secondary effects will not contribute to an increase in crime rates or to the blighting or deterioration of the areas in which they are located. The City Council's decision to regulate these businesses is motivated by its desire to protect the health, safety and welfare of its citizens, protect its citizens from increased crime, preserve the quality of life, preserve property values and the character of surrounding neighborhoods and businesses, deter the spread of urban blight, and further the purposes set forth in the General Plan. 5. In developing this Ordinance, the City Council has considered and followed the legal principles relating to municipal regulation of adult businesses and does not intend to suppress or infringe upon any expressive activities protected by the Federal or California Constitution. Rather, the City Council intends to enact reasonable time, place and manner restrictions that address the adverse secondary effects of unregulated adult entertainment businesses. 6. Zoning regulations are legitimate and reasonable means to ensure that adult entertainment businesses are located so as to minimize their adverse secondary effects and to ensure that such businesses comply with reasonable regulations related to such zoning requirements. 7. In considering the appropriate locations for adult entertainment businesses, the City Council finds that: (A) Adult entertainment businesses should not be located within close proximity to residential zones, churches or schools. (B) Locating adult entertainment businesses in the central-commercial (C-C) zone would be inconsistent with the Land Use Element of the General Plan. (C) Locating adult entertainment businesses in the retail-commercial (C-R) and tourist-commercial (C-T) zones would be consistent with the Land Use Element of the General Plan. Ordinance No. 1286 (1995 Series) Page 3 8. This ordinance provides a sufficient and reasonable number of appropriate locations in the retail-commercial (C-R) and tourist-commercial (C-T) zones of the City for the location of adult entertainment businesses. 9. The design and performance standards set forth in this Ordinance do not unreasonably restrict the establishment of adult entertainment businesses in the City. 10. The City Council does not intend to condone or legitimize the distribution of obscene materials and encourages law enforcement officials to enforce state obscenity statutes against such illegal activities in the City. 11. An initial study of environmental impacts was prepared by the Community Development Department that describes environmental impacts associated with the proposed ordinance. On September 6, 19951 the Development Review Manager reviewed the environmental initial study and granted a Negative Declaration of environmental impact. The City Council hereby adopts the Negative Declaration and finds the Negative Declaration reflects the independent judgment of the City Council. NOW, THEREFORE, be it ordained by the Council of the City of San Luis Obispo as follows: SECTION 1: Chapter 17.95 of the San Luis Obispo Municipal Code is hereby adopted to read as shown on Exhibit A, attached hereto and incorporated herein as though fully set forth. SECTION 2: Table 9 of Chapter 17 of the San Luis Municipal Code is' hereby amended to read as shown on Exhibit B, attached hereto and incorporated herein as though fully set forth. SECTION 3: Upon the effective date of this Ordinance the moratorium on the establishment of any adult entertainment business which was adopted by Ordinance No. 1281 (1995 Series) shall be repealed. SECTION 4: A synopsis of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published once in full, at least three (3) days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in said city, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. A copy of the full text of this ordinance shall be on file in the office of the City Clerk on and after the date following introduction and passage to print and shall be available to any interested member of the public. Ordinance No. 1286 (1995 Series) Page 4 On motion of seconded by and on the following roll call vote: Ayes: Noes: Absent: the foregoing ordinance was introduced to print this 1995. day of May Allen Settle ATTEST: City Clerk APPROVED: City Administrative Officer XAtne /OF