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Home My WebLink About11/07/1995, 1 - ADULT ENTERTAINMENT ORDINANCE MEETI G ATE: ��i I�IIIII�pniq�Illl City Of San tuts OBI SPO 11 7 9 5 6j;% COUNCIL AGENDA REPORT REM NUMBER: FROM: Jeffrey G. Jorgensen, City Attorney fl BY: Cindy B. Clemens, Assistant City Attorney(!C SUBJECT: Adult Entertainment Ordinance CAO RECOMMENDATION: Council Adopt an Ordinance Adding Municipal Code Chapter 17.95, 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) REPORT IN BRIEF: The proposed Ordinance will repeal the interim moratorium (prohibiting the establishment of any adult entertainment businesses) imposed by emergency Ordinance No. 1281 (9/5/95) ; will adopt a new Chapter, SLOMC 17 .95, regulating adult entertainment businesses; and will amend Table 9 of the Zoning Regulations. The proposed ordinance completely overhauls the City's previous regulations (SLOMC 5.40, repealed 9/5/95) , defines adult entertainment businesses, identifies allowable zones for such businesses, imposes locational restrictions, establishes design and performance standards, and addresses the legal and secondary effects of such businesses. The Initial Study and Negative Declaration were reviewed by the San Luis Obispo Planning Commission on 10/11/95, and it was determined that the findings are appropriate for the adoption of this proposed ordinance. DISCUSSION: I. Introduction In order to provide the City Council with the information needed to consider the proposed ordinance, this report will highlight the legal issues related to the regulation of adult entertainment businesses as well as explain the process used to develop the proposed ordinance. Because of the constitutional principles that apply to regulating such businesses, close attention must be given to the recent statutes and case law which have redefined a city's role in regulating adult entertainment businesses. 1 city of San Luis OBISPO '��►�ii�IIIIIII��I �IIIIII COUNCIL AGENDA REPORT It is important to realize that the subjects of the proposed regulations are non-obscene, adult oriented businesses. Such businesses, which generally include adult book and video stores, adult specialty retail stores, adult motion picture theaters/arcades, and adult live entertainment theaters, have been held to be engaging in activities which are protected as "free speech" by the California and Federal Constitutions. A city cannot ban such activities, but may address the secondary effects caused by unregulated adult entertainment businesses (City of Renton v. Playtime Theaters, Inc. , (1986) , 475 U.S. 41, 106 S.Ct. 925. ) Regulations for adult entertainment businesses, such as the one proposed, are required to be content neutral time, place, and manner restrictions. The proposed ordinance has been carefully drafted to comply with these legal requirements. II. Background In 1982, the City adopted Municipal Code Chapter 5.40 to regulate adult entertainment establishments (1982 Regulations) . The City established an elaborate license procedure and required such businesses to be located one thousand feet away from a school, public facility or residential zone, and twelve hundred feet from another adult entertainment establishment. Given the state of the law in 1982, the ordinance was strict but would most likely have withstood constitutional challenge.z Since those regulations were enacted, the case law relating to adult entertainment regulations has significantly reshaped and refined the acceptable municipal constraints on these protected activities. These new cases cast serious doubt on the continued legality and enforceability of those 1982 Regulations. These concerns, which are discussed in section IV. of this report, prompted the City Attorney to initiate the Emergency Interim Moratorium Ordinance, which the City Council passed on September 5, 1995. This emergency ordinance repealed the existing regulations and imposed a one hundred and twenty (120) day moratorium on the establishment of any adult entertainment business. The purpose of this moratorium is to provide the City with the opportunity to discuss a new ordinance without worrying about whether someone 1State law preempts regulating the area of "obscene matter" and matter deemed "harmful" to minors. (See Penal Code Sections 311 and 313 . 1) . Obscene materials are not, and have never been, granted constitutional protection. (See Roth v. United States (1957) , 354 U.S. 476; Miller v. California (1973) , 413 U.S. 15. ) 2There have apparently been no applications for adult entertainment establishments since the 1982 regulations were enacted. Currently, there are no adult entertainment businesses in the City of San Luis Obispo. 2 I �-a ��►►�Illllll�p°�°�91UIII city of San as osispo 1 COUNCIL AGENDA REPORT would try to establish under the questionable 1982 regulations and . avoid the new regulations. III. Summary of Legal Parameters for Municipal Regulation of Adult Entertainment Businesses The courts have consistently upheld the rights of cities to regulate adult entertainment businesses in order to promote the health, safety, and general welfare of their citizens and community. The United States Supreme Court has recognized this and has declared that a City's "interest in attempting to preserve the quality of urban life is one that must be accorded high respect . . . . " (Young v. American Mini Theaters (1976) ., 427 U.S. 50, 90 S.Ct. 2440) . Additionally, state law expressly authorizes such municipal regulations. Government Code Section 65850(g) states: "The legislative body of any county or city may, pursuant to this chapter, adopt ordinances that do any of the following . . . (g) [r]egulate, pursuant to a content neutral zoning ordinance the time, place, and manner of operation of sexually oriented businesses, when the ordinance is designed to serve a substantial governmental interest, does not unreasonably limit alternative avenues of communication, and is based on narrow, objective standards. " However, a City's regulatory powers are limited. A City may not ban all adult entertainment businesses. (Schad v. Borough of Mount Ephram (1981) 452 U.S. 61) Moreover, the courts will closely scrutinize any license/permit procedure or zoning regulation which, when applied to adult entertainment business, has the practical effect of preventing the establishment of such businesses. (FW/PBS Inc. v. City of Dallas (1990) 493 U.S. 215; City of Renton v. Playtime Theaters, Inc. (1986) 475 U.S. 41; Topanga Pressy. City of Los Angeles (1993, 9th Cir. ) 989 F.2d 1524 . ) In order to withstand such scrutiny, any municipal regulation of adult entertainment businesses must address only the secondary effects of such businesses and must allow for reasonable alternative channels of communication (City of Renton, supra. ) IV. Legal viability of the 1982 Regulations There are significant legal deficiencies in the 1982 Regulations. Beginning with the licensing procedures, these regulations are subject to challenge based on the prior restraint doctrine. when official authority is required to carry on an activity protected by the First Amendment and some official is given power to decide whether the authorization should be granted, the courts will 3 2 aiH�►��plllll�p��'"�q��lU city of San Luis OBISPO MWMIMM mmmm COUNCIL AGENDA REPORT presume that such prior approval process in unconstitutional unless numerous stringent requirements are met. The approval process must establish clear standards to guide the discretion of the approving official, the time period for the approval process must be specified and reasonable, and the personal qualification requirements must be minimal and justified. (FW/PBS Inc. v. City of Dallas, supra, 493 U.S. 215; see Local Recrulation of Adult Businesses, Jules Gerard, 1995 Edition, pages 195-223) . The license procedure in the 1982 regulations do not meet these requirements. The approving official, the City Council, is given unlimited discretion to approve, deny, or conditionally approve the application. There is no specified time period for Council action on the license application. Also, most of the personal qualification information requested of the applicant has been held by the courts to be an unlawful request. If challenged, the licensing provisions in the 1982 Regulations would most likely not survive the prior restraint scrutiny. Turning to the locational restrictions, this type of regulation will be allowed only if it can be shown that the sites available after imposing the restrictions constitute a sufficient inventory of reasonably available sites for some type of commercial purpose. (Topanga Press v. City of Los Angeles, supra, 989 F.2d 1524) . At the time of the adoption of the 1982 Regulations, this sufficient inventory requirement had not been developed by the courts, and no . available site inventory was done in 1982. However, it now appears clear that the locational restrictions in the 1982 Regulations are so encompassing that there are virtually no sites where an adult business could locate and comply with those restrictions. In addition to these legal deficiencies, the 1982 Regulations lack a key component, namely design and performance standards. These type of regulations control the exterior displays, noise and lighting, and internal configuration of the adult entertainment businesses. The courts have consistently upheld design and performance standards which are designed to address the negative secondary effects of adult entertainment businesses. (City of Pasco v. Rhirie (1988 Wash.App.Ct) 753 P. 2d 993; Adult Entertainment Center v. Pierce County (1990, Wash.App.Ct. ) 788 P.2d 1102) . Other cities which have adopted adult entertainment regulations, such as Santa Barbara, have found the design and performance standards to be critical in addressing the negative secondary effects of such businesses. Therefore, the 1982 Regulations should be updated to respond to the legal concerns and to incorporate design and performance standards into the regulations. 4 I �—Al ��► ►►oIlllllll�pn01u'q�Ulll city of san Luis osispo = COUNCIL AGENDA REPORT V. Proposed Adult Entertainment Business Ordinance After reviewing the extensive case law and the experiences of other cities that have attempted to regulate adult entertainment businesses, the City Attorney is recommending a complete overhaul of the 1982 Regulations. Based on the onerous requirements for licensing regulations and the very limited discretion available to the approving officials, retention of the licensing scheme does not seem prudent or practical. Instead, the City Attorney recommends a zoning regulation which identifies the allowable zones, imposes significant yet defensible locational restrictions, and establishes design and performance standards which will apply to all adult entertainment businesses. A copy of the proposed ordinance is included as Attachment 1. The details of the proposed ordinance are discussed below. A. Definitions There are two basic types of adult entertainment business that are regulated by the proposed ordinance. The first is the retail sales type, which include adult bookstores, novelty stores, or video stores. When such a business has more than 25% of its floor area devoted to stock-in-trade consisting of or gross revenues derived from adult materials depicting specified sexual activities or specified anatomical areas, it is regulated as an adult entertainment business. Therefore, a retail store with a small inventory or space devoted to adult oriented materials would not be regulated by this ordinance. This is consistent with the case law which requires the adult entertainment portion of the business to be of sufficient size to generate negative secondary effects and thereby justify the regulations. The second type of adult entertainment businesses regulated by the ordinance is live entertainment or motion picture theaters and arcades. When the predominant character or theme of the entertainment activities or movies relate to specified sexual activities or anatomical areas, then the business is regulated as an adult entertainment business. However, this does not apply to motels which show adult movies via closed circuit to individual rooms. There are numerous other definitions in the proposed ordinance. In order to survive a vagueness or overbreadth challenge, the ordinance needs to describe in detail the regulated activity and any exceptions. Thus, the graphic terms contained in the definition of "specified sexual activities" and "specified anatomical areas" are necessary. 5 11111111111111111A11111111 city of san Wi S OBISPO mamma i COUNCIL AGENDA REPORT B. Selection of C-T and C-R Zones The proposed ordinance allows adult entertainment businesses to operate in two commercial zones within the City, namely the tourist-commercial (C-T) and retail-commercial (C-R) zones. The City Attorney's Office initially reviewed and considered all of the City's non-residential zones as possible locations for adult entertainment businesses. However, in order to be consistent with the Land Use Element of the General Plan, zones which do not allow similar non-adult uses, i.e. specialty retail and nightclubs, were eliminated. This left four possible commercial zones: the neighborhood-commercial (C-N) , central-commercial (C-C) , retail- commercial (C-R) and tourist-commercial (C-T) zones. The C-N zone was eliminated due to its proximity to residential zones. The C-C zone was eliminated for two reasons. First, the central' commercial area is a core area for retail trade. The courts have recognized a city's concern for protecting retail trade as a legitimate reason for adopting adult entertainment regulations. (City of Renton, supra, 475 U.S. at p. 48) . Second, the central-commercial zone contains the Downtown, which according to the Land Use Element, is the "cultural, social, and political center of the City" and a preferred location "for retail uses that are suitable for pedestrian access. " (See policy 4. 1) . Moreover, the Downtown "should provide safe, exciting places for walking and pleasant places for sitting. " (See policy 4.5) . Given the potential for the negative secondary effects, such as increased crime and diminished retail trade, the Downtown area is particularly ill-suited for adult entertainment businesses. That leaves the C-T and C-R zones as the appropriate zones in which adult entertainment business can locate in the City. Since similar non-adult uses are allowed in those zones, allowing adult entertainment businesses in the C-R and C-T zones will be consistent with the Land Use Element and the City's zoning ordinances. C. Locational Restrictions The proposed ordinance requires adult entertainment businesses located in the C-R and C-T zones to be located seven hundred feet from any parcel of land in a residential zone and from any parcel of land upon which a religious institution or school is located. The courts have specifically authorized these type of locational restrictions provided there are still a sufficient number of sites available for adult entertainment businesses to locate. When these buffers are applied to the C-R and C-T zones, the available inventory of possible sites is shown on Map 2 of Attachment 2 . There are a total of 43 parcels available and 4, 615, 661 square feet of land within those 43 parcels. This inventory constitutes 8.28% of the total number of parcels and 35.5% of the total square 6 I f� 1111111►1►►11Illll111111LlI city of san tins oBispo wwamm= COUNCIL AGENDA REPORT footage of land in commercial zones, i.e. , the C-R, C-T, C-C, and C-N zones. The courts have not established any set number of parcels or percentage of land that must be available for adult entertainment businesses. Instead, the courts have adopted a more flexible approach by requiring proof that there actually are sites for adult entertainment businesses that are part of the actual commercial real estate market. However, the courts do not require these businesses be given any advantages over other commercial uses. The fact that adult businesses will have to fend for themselves in the real estate market on an equal footing with other prospective purchasers and lessees does not give rise to a First Amendment violation.3 The First Amendment requires only that a city does not deny adult entertainment business a reasonable opportunity to open and operate within a city. (City of Renton, supra, 475 U.S. at p. 54 ; Topanaa Press, supra, 989 F.2d at p. 1530) . The inventory of sites available under the proposed ordinance provides an adult entertainment business with a reasonable opportunity to locate in the City of San Luis Obispo. The inventory consists of ample accessible real estate including acreage in all stages of development from raw land to developed retail space, including the Central Coast Mall and Madonna Plaza. The City Attorney's Office is confident this inventory of available sites is legally defensible. D. Design and Performance Standards The design and performance standards in the proposed ordinance are extensive. They will apply to all adult entertainment businesses and include the following requirements: • no explicit signs or displays • no public viewing of any material depicting specified sexual activities or anatomical areas • separate business entrances 3The fact that current private land owners in the C-T and C-R zones might refuse to rent space to adult entertainment businesses does not remove that land from the inventory. The California Supreme Court has held that "[w)hile a city may not suppress protected speech, neither is it compelled to act as a , broker or leasing agent for those engaged in the sale of it. " (City of National City v. Wiener (1993) 3 Cal.4th 832 , 849; 12 Cal.Rptr.2d 701) . 7 a111111111111111121111i� cit' of san tins OBISPO moat= COUNCIL AGENDA REPORT • screening or coverage to prevent a view into the interior of an adult entertainment business from any public area • signage at the entrance indicating minors are precluded from entering • no sound amplification discernible beyond the walls of the business • a manager's station shall be provided with a manager on duty at all times supervising the activities within the business • configuration of the interior so there is an unobstructed view to every interior area excluding restrooms • individual viewing areas cannot be occupied by more than one person • an on-site security program to include sufficient entry and interior lighting. E. Allowed Use in Table 9 of the Zoning Regulations Adult entertainment businesses will become allowed uses in the C-R and C-T zones subject to the locational restrictions and design and performance standards. This will be reflected in the zoning regulations as an addition to Table 9 of the City Zoning Regulations. (See San Luis Obispo Municipal Code, Chapter 17) . Table 9, which identifies the uses allowed by zone, will be amended to include the new category of Adult Entertainment Business. Although it is listed as an allowed use in the C-R and C-T zones, a footnote will alert the reader to the locational restrictions and design and performance standards. A legislative draft of this amendment to Table 9 is included with this report as Attachment 3. A final copy of amended Table 9 is included in the Ordinance. VI. Evidence of Negative secondary Effects of Adult Entertainment Businesses The courts have held that municipal regulations of adult entertainment businesses must be designed to serve a substantial governmental interest. Preserving the quality of urban life has consistently been determined by the courts to be a substantial governmental interest to be accorded high respect. (American Mini Theaters, supra, 427 U.S. at p. 71; City of Renton, supra, 475 U.S. at p. 50) . However, the courts do require evidence of how the regulations will preserve the quality of urban life. In order to satisfy this requirement, there must be evidence from which the g I ��O �► �ru��IIIIIII�P��u�q�U�l� city of San Luis OBlspo 1 COUNCIL AGENDA REPORT decision makers can conclude that adult entertainment businesses do negatively impact the quality of urban life and that any proposed regulations will address those negative secondary effects. Since the City of San Luis Obispo does not currently have any adult entertainment businesses nor have any been established in the past twenty-five years, it would seem difficult to generate the necessary evidence of negative secondary effects. Fortunately, the courts have recognized this dilemma and found that cities may rely on studies generated from other cities. In City of Renton, supra, the United States Supreme Court upheld Renton's adult entertainment ordinance which was based on the experiences of Seattle and other cities. The Court held that " [t]he First Amendment does not require a city, before enacting such an ordinance, to conduct new studies or produce evidence independent of that already generated by other cities, so long as whatever evidence the city relies upon is reasonably believed to be relevant to the problem that the city addresses. " (475 U.S. at p. 51-52) . In this case, numerous land use studies have been gathered which indicate that there are substantial negative secondary effects of adult entertainment business when they are unregulated. A summary of those land use studies is included in this report as Attachment 4. The full studies are available for review in the Council reading file, located in the City Attorney's office. These studies indicate that without proper local regulation, adult entertainment businesses pose a definite threat to the public health, safety or welfare due to an increase in crime, diminished retail trade, diminished property values, diminished tourism and urban blight. Also, these studies recommend that locational restrictions and design and performance standards such as those contained in the proposed ordinance be enacted to mitigate these negative secondary effects. VII. Planning Commission Action At their meeting on October 11, 1995, the Planning Commission reviewed the proposed ordinance. Although the item was a public hearing, no one from the public spoke on this item. The Planning Commission voted 5-0 in favor of recommending the proposed ordinance to the City Council. A copy of the minutes from that meeting is included in this report as Attachment 6. VIII. Environmental Review The Community Development Department has prepared an Initial Study and issued a Negative Declaration for the proposed ordinance. The Negative Declaration has been circulated for public comment. The Planning Commission has reviewed these documents and determined that the findings are appropriate. (See Attachment No. 5. ) The City Council should review the Initial Study and Negative 9 i-9 City of San tins OBIspo COUNCIL AGENDA REPORT Declaration and decide whether to adopt the Negative Declaration. IB. Conclusion The City Attorney's office has thoroughly reviewed the case law pertaining to municipal regulation of adult entertainment businesses and carefully drafted the proposed ordinance to not only comply with these cases but also meet the particular needs of the City of San Luis Obispo. In order to have defensible adult entertainment business regulations, the City Attorney strongly urges the City Council to adopt the proposed ordinance. FISCAL IMPACT: There will be no fiscal impact to the City with the adoption of the proposed ordinance. ALTERNATIVES: The City Council can give direction to staff to modify the proposed ordinance. However, given the complex legal issues, any significant modifications will require legal analysis prior to Council adoption. Given the legal deficiencies of the 1982 Regulations, reinstatement of those regulations is not a viable option. CONCURRENCES: The Community Development Department and the Police Department have reviewed the proposed ordinance and concur with the City Attorney's Recommendation. CBC/sw Attachments: 1. Proposed Ordinance 2. Map of Potential Locations 3 . Legislative Draft of Table 9 Amendments 4 . Summary of Studies 5. Initial Study and Negative Declarations 6. Minutes of 10/11/95 Planning Commission Meeting 10 ORDINANCE NO. (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 Attachment 1 Ordinance No. (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. 1-2 Ordinance No. (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, 1995, 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. 1-3 1-43 Ordinance No. (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 day of 1995. Mayor Allen Settle ATTEST: City Clerk APPROVED: City Administrative Officer ga�440" i At rn l-4 CHAPTER 17.95 ADULT ENTERTAINMENT BUSINESSES Sections: 17.95.010 Purpose and Intent. 17.95.020 Definitions 17.95.030 Location of Adult Entertainment Businesses 17.95.040 Design and performance Standards 17.95.050 Severance Clause. 17.95.060 violations 17.95.010 Purpose and Intent. The purpose and intent of this Chapter is to regulate adult businesses which, unless closely regulated, tend to have serious secondary effects on the community, including, but not limited to, the following: depreciation of property values; increase in vacancies in residential and commercial areas in the vicinity of adult businesses; interference with residential property owners' enjoyment of their properties when such properties are located in the vicinity of adult businesses, as a result of increases in crime, litter, noise, and vandalism; higher crime rates in the vicinity of adult businesses; and blight conditions such as inadequate maintenance of commercial premises and parking lots, which thereby have a deleterious effect upon adjacent areas. 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 businesses. It is neither the intent nor the effect of these regulations to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of these regulations to restrict or deny access by adults to communicative materials or to deny access by the distributors or exhibitors of adult business to their intended lawful market. Nothing in these regulations is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any City ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter or the exhibition or public display thereof. 17.95.020 Definitions. For purposes of this Chapter the following terms shall be 1 Exhibit A defined as follows: A. "Adult entertainment business" shall mean those businesses defined as follows: 1. Adult bookstore, adult novelty store, or adult video store is an establishment with more than 25% of: (a) its floor area devoted to; or (b) stock-in-trade consisting of; or (c) gross revenues derived from, and offering for sale for any form of consideration, any one or more of the following: a. Books, magazines, periodicals or other printed matter, photographs, drawings, motion pictures, slides, films, tapes, video cassettes, records, or other visual or audio representations which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas. " b. Instruments, devices or paraphernalia which are designed to be used in connection with "specified sexual activities;" or C. Goods which are replicas of, or which simulate "specified anatomical areas, " or goods which are designed to be placed on or in "specified anatomical areas, " or to be used in conjunction with "specified sexual activities" . 2. "Adult live entertainment theater" means any place, building, enclosure or structure, partially or entirely used for "live adult entertainment" performances or presentations characterized by an emphasis on depicting, exposing, displaying, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons or customers therein. "Live adult entertainment" means any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which the performer or performers expose to public view without opaque covering "specified anatomical areas" for entertainment value for any form of consideration. 3. "Adult motion picture or video arcade" means any business wherein coin, paper, note, or token operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to four or fewer persons per machine, at any one time, and where the predominant character or theme of the images so displayed is distinguished or characterized by its emphasis on matter depicting, or relating to "specified sexual activities" or "specified anatomical areas." 2 4. "Adult motion picture theater" means any business, other than a hotel or motel which provides closed circuit viewing to each individual room as a secondary service to its motel customers, with the capacity of five or more persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions in which the predominant character and theme is distinguished or characterized by its emphasis on matter depicting or relating to "specified sexual activities" or "specified anatomical areas" as defined in this section. This incudes, without limitation, showing any such slides, motion pictures or videos by means of any video tape system which has a display, viewer, screen, or a television set. 5. "Exceptions. " An "adult entertainment business" shall not include: a. Bona fide medical establishments operated by properly licensed and registered medical and psychological personnel with appropriate medical or professional credentials for the treatment of patients. b. Persons depicting "specified anatomical areas" in a modeling class operated: (1) By a college, junior college, or university supported entirely or partly by public revenue; or (2) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by public revenue; or (3) In a structure operated either as a profit or not-for-profit facility (a) which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and (b) where, in order to participate in a class a student must enroll at least three days in advance of the class. C. The practiceof massage in compliance with Chapter 5.56 of this Code. B. "Establish. " "Establish" shall mean and include any of the following: 1. The opening or commencement of any adult entertainment business as defined in this Section; or 2 . The conversion of an existing business, whether or not an 3 1-7 adult entertainment business, to any adult entertainment business as defined in this Section; or 3 . The relocation of any adult entertainment business; or 4. The addition of any of the "adult entertainment businesses" defined herein to any other existing adult entertainment business. C. "Specified anatomical areas." "Specified anatomical areas shall include the following: 1. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, and/or the female breast 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. D. "Specified sexual activities. " "Specified sexual activities" shall include the following: 1. Actual or simulated sexual intercourse, oral copulation and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or 2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or 3. Human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or 4 . Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or 5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or 6. Erotic or lewd touching, lewd fondling or other lewd contact with an animal by a human being; or 7. Human excretion, urination, menstruation, vaginal or anal irrigations. E. "Operate. " "Operate" shall mean to own, lease (as lessor or lessee) , rent (as landlord or tenant or as agent for the 4 1-8 purpose of represent}ng a principal in the management, rental or operation of the property of such principal) , manage, conduct, direct, or be employed in an adult entertainment business. F. "Operator. " "Operator" shall mean and include the owner, custodian, manager or person in charge of any adult entertainment business. G. "Parcel of Land." "Parcel of land" means any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. H. "Person. " "Person" shall mean an individual, proprietorship, partnership, corporation, association, or other legal entity. I. "Religious Institution. " "Religious Institution" shall mean any church, synagogue, mosque, temple, or building which is used primarily for religious worship, religious education incidental thereto and related religious activities. J. "Residential Zone: " "Residential zone" shall mean property which has a zoning designation of R-1, R-2, R-3 , R-4 or such other residential zones as may be created by ordinance, or a mobilehome park as defined in this .Code. K. "School." "School" shall mean any public or private educational facility primarily attended by minors, including but not limited to, large family day care homes, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, secondary schools, continuation schools and special education schools, and includes the school grounds. L. "Sensitive Uses. " "Sensitive uses" shall include religious institutions, residential zones and schools. 17.95.030 . Location of Adult Entertainment Businesses. A. No person shall operate or establish an "adult entertainment business, " as defined in this Code, in any area of the City of San Luis Obispo, except the retail-commercial (C-R) zone or the tourist-commercial (C-T) zone. B. No building permit or zoning clearance, business license, or other permit or entitlement for use shall be legally valid if issued to any adult entertainment business proposed to operate or be established in any area of the City except the retail-commercial (C-R) zone or the tourist-commercial (C-T) zone. 5 1-9 G C. Any adult entertainment business proposed to be operated or established in the retail-commercial (C-R) zone or the tourist- commercial (C-T) zone shall be subject to the following . restrictions: 1. The establishment or operation of an adult entertainment business shall be subject to the .locational criteria setting forth minimum distances from sensitive uses and zones as follows: a. Seven hundred (700) feet from any parcel of land which is located in a residential zone. b. Seven hundred (700) feet from any parcel of land upon which a religious institution or school is located. 2. For the purpose of this ordinance, all distances shall be measured in a straight line, without regard for intervening structures, using the closest property lines of the parcels of the land involved. Section 17 .95.040 Design and Performance Standards. The establishment or operation of an adult entertainment business shall comply with the applicable fees and site development standards, including, but not limited to, parking and design review, and the requirements of the Uniform Codes adopted pursuant to Chapter 15. 04 of the San Luis Obispo Municipal Code. An adult entertainment business shall comply with the applicable City of San Luis Obispo business tax requirements. In addition, adult entertainment businesses shall comply with the following design and performance standards: A. Signs, advertisements, displays, or other promotional materials depicting or describing"specified anatomical areas" or "specified sexual activities" or displaying instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities" shall 'not be shown or exhibited so as to be discernible by the public beyond the walls of the building or portion thereof in which the adult entertainment business is conducted. B. Each adult entertainment business shall have a business entrance separate from any other non-adult business located in the same building. C. All building openings, entries, and windows for an adult entertainment business shall be located, covered or screened in such a manner as to prevent a view into the interior of an adult entertainment business from any area open to the general public. D. No adult entertainment business shall be operated in any manner that permits the observation by the public of any material 6 1-10 -a0 or activity depicting,, describing, or relating to "specified sexual activities" or "specified anatomical areas" from any public way or . from any location beyond the walls of the building or portion thereof in which the adult entertainment business is conducted. E. The building entrance to the adult entertainment business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises. F. No loudspeakers or sound equipment shall be used by adult entertainment businesses for amplification of sound to a level discernible by the public beyond the walls of the building or portion thereof in which the adult entertainment business is conducted. G. Each adult entertainment business shall be provided with a manager's station which shall be used for the purpose of supervising activities within the business. A manager shall be on duty on the premises during all times that the adult entertainment business is open to the public. H. The interior of the adult entertainment business shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the adult entertainment business to which any patron is permitted access for any purpose, excluding restrooms. If the adult entertainment business has two (2) or more manager's stations designated, then the interior of the adult entertainment business shall be configured in such a manner that there is an unobstructed view of each area of the adult entertainment business to which any patron is permitted access for any adult purpose, excluding restrooms, from at least one (1) of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. I. No individual viewing area may be occupied by more than one (1) person at any one time. "Individual viewing area" shall mean a viewing area designed for occupancy by one (1) person. Individual viewing areas of the adult entertainment business shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two (2) or more individual viewing areas. J. Off-street parking shall be provided for the adult entertainment business as specified in accordance with the parking provisions of San Luis Obispo Municipal Code Section 17. 16.060. K. An on-site security program shall be prepared and implemented including the following items: 1. All off-street parking areas and building entries serving the adult entertainment business shall be illuminated during all hours of operation with a lighting system which provides 7 1-11 a minimum maintained .horizontal illumination of one (1) footcandle (10 luxes) (one candlepower) of light on the parking surface and/or walkway. 2. All interior portions of the adult entertainment business, except those areas devoted to mini-motion or motion pictures, shall be illuminated during all hours of operation with lighting system which provides a minimum maintained horizontal illumination of not less than two (2) footcandles (20 luxes) (2 candlepower) of light on the floor surface. 17.95.050 Severance Clause. If any section, subsection, paragraph, subparagraph or provision of this Chapter or the application thereof to any person, property or circumstance is held invalid, the remainder of the Chapter and the application of such to other persons, properties or circumstances shall not be affected thereby. 17.95.060 violations. It shall be unlawful to establish or operate an adult entertainment business in violation of this chapter. Any person who violates any provision of this chapter shall be guilty of a misdemeanor. Nothing in this chapter shall be deemed or constituted to prevent the City from commencing any civil proceeding otherwise authorized by law for the declaration or abatement of a public nuisance. 8 1-12 Special notes, indicated by number in the following chart, may be found at the end of the chart. Exhibit B 1-13 Table 941ses Allowed by Zone PI I -R-2 I P,3 R-4 C/OS 011 1 PF C c-c r CT C-S hr ............ ........... ............... X�... Adult Entertainment Businesses X x: (See Section 17.95) R. ........... Advertising and related services A A A (graphic design.writing, mailing, ............ ................. .........XX addressing,etc. 0, .... ... ... ............ ...... ........ ............. Agriculture-grazing and outdoor K.M. es- .,:::. M ............ X crops x. X� Agriculture-greenhouse culture, X M ...... livestock feeding .................. ....... ....... ................ ...OX.: ............ .. ......... PC Airports and related facilities .............. ...... ............ ........ Ambulance services ....... PC A :X �NsIX".: X. N: Amusement arcades(video games, A A .......... D ........... see Chapter 5.52, Electronic Game X. 060) X Amusement Centers& 17.08. ............. .......... ...... .............. X. Amusement parks,fairgrounds PC Tcl: ............. ................. X D A Animal hospitals,boarding and AN;.......... X A Y.: grooming (small an .......... ............ ............. U ............ ...... ...... n: D Animal hospitals, boarding, `r ::>' grooming,training Parge animals) N.: ... ............... .............. ............... D Antennas (commercial 4.1 broadcasting) .............. A A:- Athletic and health clubs, X: D D ......... ..... ....... .................. .............. gymnasiums,fitness centers ........ .. ........ X. game courts ...... Auto dismantling,scrap dealers, . . ..... recycling centers :xxxx ........... ........................ .................. ...... Auto repair and related services .:X PC D A (body,brake,transmissions.muffler .... ...... shops; painting,etc.) Auto sound system installation ... ...... ><>: -A A - A -x: Banks and savings and loans ...... . ...... .............. .................... X D D Bars,taverns, etc. (see Nightclubs) :--, . I D ........... ........ .............. A .... D Barbers, hairstylists,manicurists, A ............. ... ........... ......... xx tanning centers .......... x X. D . ...... D Boarding/rooming houses, Y ............. ...... er x dormitories (See also Chapt ...... X: X.: 17.20) ...... ........... ......... 9 .............. X�X51:I.X: D X. D . ..... Bowling alleys X. Broadcast studios A A A .4....... ... ... .............. A ... ...... Building and landscape A maintenance services A=Allowed D= Director's approval required PC= Planning Commission approval required A/D= Director's approval on ground floor;allowed& The Director"I determine if a proposed,unlisted use is similar to a listed use. Numbered notes are at end of chart. 1-14 /-a2 i Vii. C/OS 011�. PF GS M able%Uses Mowed by Zone R-1 P,2TR-3TR4 GN GC C-R GT .......... ........ ............ .......... Bus stations D .......... ....... .......... .......... X. ...... EX:Yx D .......... ........... Cabinet and carpentry shops MO. A A .:A Caretakers'quarters A.M.— A A A ... ... A ........... D Carwash-mechanical ... ....... ............. X. ........ .. A D Carwash-self-service D .............. .......... Catering services D A A ...... ..... 'x PC Cemeteries, mausoleums, PC PC PC X? PC columbariums Christmas tree sales(see Section X. 0� ............. 17.08.010D) X. ........................ ::::>::>:::3i2$>:: .... .......... Churches,synagogues,temples, D ... ... D A Wu 1315 D .......... ......... X. etc. .......... ......... D W' D D Circus,carnival,fair,festival, ....... . U... ......... -Y: Parades (See Section 17.08.010E) ..... ........... ....... X :: : ...' A A Computer services A .............. ............. D D D CO curr sal alcoh K. n ant as of olic .. ... ...... beverages and motor fuel (See ......... 17. .100 ........ . ................ ...... �-A A A .......... -T.N... A a A A Construction activities (see Section A ............. 17.08.010G) ...... ...... ...%,......... ........ Contractor's yards A PC IN: X PC D Convalescent hospitalp D . ........... .... ............. .......... Convents and mona PC A D steries N. .............. .......... .......... A A A Credit reporting and collection ... ..... . X .%.......... A A Credit unions and finance X companies .............. Day Care '::......... ........... ... A Section 17.080.100) -family day care homes (see A A A A A D A A -Day care center D A ..... ..... -X... A Delivery services ...... :X se... .......... Detective and security services A A y: PC Drive-in theaters i-. A :X A/D A A A/D Dwellings (See also Sec. 17.55 Mixed Use Zone) ....... .... X D D Educational conferences(see Section 17.08.010H) 'X. cies A 111.11411.......1-111-1: A ........... Employment agen Section 17 w Allowed D= Director's approval required PC= Planning Commission approval required AID= Director's approval on ground floor;allowed above. The Director shall determine if a proposed,unlisted use is similar to a listed use. Numbered notes are at end of chart. 3 1-15 Table 9-LIses Allowed by Zone R-1 -R-2 R-3 R4 C/Os oil PF C-N C-C C-R C-T C'S M ........... Equipment rental N. Exterminators and fu mi A C P A Feed stores and farm supply sales ................. ............. ................. ............ w. Florists A A Fraternities and sororities PC Gas distributors U -contain ........ a . ......... N. .... :X: (butane, propane,oxygen, acetylene,etc.) WA ........... N A Government agency corporation ii.i... Is. .....A XX. Y N. PC D Government agency offices and s:y ........... meeting rooms .......... :Z D High occupancy residential use Home business(see Section .... .. M 17.08.040) X. X., ......... PC :i:* X .. ... PC x. PC PC Ipo. ..M. ii PC Homeless shelters (see Section el: .......... V: ...... 17. .11 X: X: X ......... . ........... ........... .......Y. ....... ..... Hostels PC Hospitals PC PG ............ ....... ...... %:....:.. .... I.:- P C PC Hot tubs-commercial use PC ell. W.; ..X ........... .............. .......... ............. A A insurance service 4ocal ....... ..... Insurance services-regional office A. PC Laboratories (medical,analytical A ..... A . ......... research) No. ....... ... 1E .......... Laundry/dry cleaner x A' ............ A -cleaning plant ...... ................ � 'A A A A -pickup point .............. X. .......... A 'D.. D A -self-service -X .......... ................ X: Libraries A A ........... Manufacturing-food,beverages; D ............. ioe;apparel; electronic,optical, .... ..:.....X ........... lostrumentation products;jewelry; musical Instruments;sporting %X goods;art materials xXX.x-�x. Manufacturing-basic metals, ................ ........... chemicals,building materials, fabricated metals,textiles,paper ......... and cardboard;machinery, transportation equipment extraction (see Section :P.C::::*:: PC PC PC PC PC PCP. Mineral 17.08.020) ...... .1N A=Allowed D=Director's approval required PC= Planning Commission approval required A/D=Director's approval on ground floor;allowed aL The Director shall determine H a proposed, unlisted use is similar to a listed use. Numbered notes are at end of chart. 4 7-16 Table%Uses Albwred by Zara R-1 Pl-2 R-3 PA C/OS 0" PF GN C-C C-R I C-T C-S M A >'}<r>` R. A .....:>: Mobile home arks `.a `. Mob p x. fr Mobile home as construction o ce 7. 1 see Section 1 OB 0 OC ) A A A ' as temporary >1li> 't.. Mobile homes <es>::;:>:::: :: P site see t residence at building 9 s ( ><> 17. 10 Section ion OB 0 Mortuaries D A A �jt€€;';;>'' »»>::»X ed an breakfast Motels hotels,b d inns :•A'' A Museums :. <:;:>;.<:.::::;:::: ......::.:... Nightclubs,discotheques,ate. U p' .:: D A A € 'i.{asisfi:> %t4s ? : A f :.::.:/fl ? ors all es o Offices convect Off ,.:::.::.. ,..::::: types general an ' nr e e e d special building contractor's offices A A A Offices (engineering)ineerin engineers,insets ::.::../.::::.;, Off ;.;;:,,>: ;.;:.;;;:.;>:.; :.:.:.::.. ..:..::. .;;;;;: ( 9 9 9 architects,and industrial design ,o Offices r otess io na l attorneys,eys rs _ A :<.:::<.:..:s;: A ;; counselors medical services, accounts investment brokeX. realtors appraisers religious,Po litice I labor, fra t Vada.youth,etc.)offices 9 an de , D DA D s9 (professional, nal 4>: meeting rooms , 13 D'3 Parkingprincipal use (ase P P ) A >Ai . A s<<>' :;;:<::;::<.: ParksSo: A Photocopy services;quick printers A A <L: A A Photofinishing-retail A A '^ A i<> Photofinishing'n -wholesale;andXY A....... blue-printing and microfilmingflmin 9 service A >' t A A ra 9 P Photo hic studios >:>s Police and fire stations and training 4`;:::::::: facilities Pool halls,billiard parlors,eta PC U D Post off offices public ublic an d private postal services t> r square feet rocs I' si'>€"'s' D %As>'> A A under 2000 s9 9 e lishment floor area per stab ..::..:.:::::.::.::.: PG>> ;,>, A a ' 2,000 sq 9 square feet or more rocs li floor area per establishment A=Allowed D= Director's approval required PC= Planning Commission approval required A/D= Director's approval on ground floor;allowed above. The Director shall determine if a proposed,unlisted use is similar to a listed use. Numbered notes are at end of chart. 5 1-17 7 Table"ses Allowed by Zone R-1 R-2 R-3 R-4 C/OS 011 PF GN I C-C C-R C-T C-S M ............ X.m.: X. xx ...... X Printing and publishing .... .. ...... D ... ........ ........... .............. ....... ......... so Produce stand -sri . A ...jA A A Ons X X::,: Inv, X Public assembly facilities D PC (community meeting rooms, X.. ....... .......... I s..Xy-y s.: ... ......... .......... auditoriums,convention/exhibition W. :X. ............ halls) IN.: XII I: .......... N., D a Railroad yards,stations,crew .. ........ .......... facilities IX:X. ....... ...... Refuse hauling,septic tank and P ortable toilet services ... ....... . .. ........ I x X X:. Repair services ... :..X.V ............ .......... ...... le.I:. .......... Is A A A small household appliances, IX.: ..... ......... .............. locksmiths,seamstress,shoe reoair M, X. X.I:... A. ..... ... XXXX....... NwI D A large appliances,electrical ............. NN: equipment,power tools,saw ............. sharpening ys. ........... ............ I xx Residential care facilities-6 Or A A A A A/D X: X...- A/D X.. 1:: IX fewer residents ............ ............ .................. Residential care facilities-more C D PC P D than 6 residents #` > >sX.. Restaurants,sandwich shops take- .......... A A D X: r X. Y, out food,etc. ...... X .X s�. ...... Retail sales-outdoor sales of ..... ......... ..... ....... ............. building and landscape metal Xy. .I ... Oumberyards,nurseries,etc.) ....... ...X: .......... ... X .......... .......... �,.:-xxx ...... ZY... Retail sales-indoor sales of ... ................. 9 -A A A XX ... .......... building materials and gardening ............. supplies(floor and wall coverings, ......1�0.-. . ..... ....... X ....... ........... Y. X X., P aint,glass stores,etc. ............. ............. . ...... ........... ji X ..... Retail sales-appliances,furniture A! A A ....... ......... X X: .......... IX: and furnishings,musical ......... .......... instruments; data processing ...... equipment, business,office and medical equipment stores; catalog ........ ........ . .... . . ..... ............ stores;sporting goods,outd oor supply M YX a X:X A N. eles A A- Retail sales and repair of bicy Ism ...... I.X. X ...... ............ X4 ............... ............ Retail sales and rental autos D A .............. ........... X.. ..X trucks,motorcycles, RVs ......... A D ........... A Retail sales-auto parts and ...... ......... yti accessories except tires and ....... ..... ... .... . batteries asprincipal use V......... ............. Retail sales-tires and batteries A A ....... A=Allowed D= Director's approval required PC= Planning Commission approval required A/D= Director's approval on ground floor;allowed ab, The Director shall determine if a proposed,unlisted use Is similar to a listed use. Numbered notes are at end of chart. 6 1-18 /-a 00 able"M Mowed by Zone R-1 114-2 R3 R-4 C/OS 1 0" PF GN C-C GR I GT I C-S M s Retail sales -boats A C.. and rental bile homes aircraft mo A -groceries,liquor and A D Retail sales ::<,::,:«:.:. ::.::.:; 9 q specialized eciali ed food s (bakery,meats xsoP dairy items etc. D D A A>>'s. ' -neighborhood voce ::��:g:;>:;>::: D >::::.:<>::>>:::: >;I3>>+>< »;:ss:'?>s Retail sales n 9 grocery .: �.;:.;::.;:. See 7.30.030 ( also Sec general merchandise Retail sales- e al m 9 w (drug,hardware,discount department and variety stores) A P C f rle gross -1 000 square eat o ss 5 tioo area per er establishment square feet rocs PC A PC »<'`< - , , to 000 ;::a:: :::.. 5 00 60 . s9 9 floor areaP e r establishment P -mon:than 60,000 square feet D C 9 gross floor area per es ffiblih s mentX. 6 A 'p€> . A Retail sales and rental-specialties '' ' P I shoe stores clothing 9 stores ( booce ffi k re rd videostores,ores toy i s tioN .9 Pne stores ft s h o ) stores sffi Schools s Nursery schools/Pre-school s sc /Ps h I rechool see Day care) Elementary,junior high, 9 P D ET': ' D i I Is for disabled schools: schools i e hand cePP dX. nMrQ Colleges/universities .<x PC A' ` . A D p % ' de recreational or z:`> :. >:>:<>:::>::<:>; ;::::;::.:. Business,trade, Ia::: >Yt"<'>: i others ec alized schools P - Boarding schools and academics Y.. P C : .. : >C >. ::;... ..... .:.:::: :: :::: A i> DA �aSecretarial and related services typing,telephone e hone a nswen' n9 .e c. )(court reporting,stenography, MM #< ' D A Service stations see Section 17. 08.030) o30 €< ) P P fl:>z» C Skating o rinks �::.. A D lis::>3> A Social services and charitable "": `' ` ' )3> ii>>s agencies P C Stadiums ,. .�:..:..... G::.. PC P C SP meets � =Allowed D= Director's approval required PC= Planning Commission approval required A/D= Director's approval on ground floor;allowed above. The Director shall determine if a proposed,unlisted use is similar to a listed use. Numbered notes are at end of chart. 7 ;*pinMolsaiden ail-order houses Table"ses Allowed by Zone R-1 k2 R-3 R-4 C/08 0" PF C-N C-C C-R CT C-S M ................ ... .......... TO PC Swimming pools (public) ..... PC .......... ........... -X D Tattoo parlors ............ ................ ... Tallow works ........ ............. Temporary parking lots(see ............ .......... Section 17.08.0100 :X Temporary real estate sales office D D ..... .... .. .... No B) in tract(see Section 17.08.010 ................ ......... ...fJ ....Mxl . ..... xj:: M...... D D DD Tem sales(see Section 17.08.010J) D X ..... Temporary uses-not otherwise D D D N: listed in Section 17.08.010K ........ ......... . .. ....... PC 4 i�..: Theaters D .......... 'x X ............. XX A D Ticket/travel agencies A ME!, .......... ..................... ...... ............. x ...... ....... .. ............ Tire recapping A ...ex.: ............ ......... A........ A A sx. Title companies D A X Trailer rental x�. .... ..... Trucking/taxi service ......... A Utility companies .......... ............ ........ -Corporation yards A ............. -Customer account services (bill A ....... ........... D ... es: paying and inquiries) ............. .......... ............. Distribution and transmission .. ........ facilities-see Section 17. .050 ......... .......... ............. Engineering and administration A O A D offices A A Payment drop points A X. ........... .......... ............. ... ... ...... ... . ................ X .......... .:X X XXX XX Vending machines (see Section 17.08.080) ................. Xe. A D Veterinarians ..... Warehousing,mi&storage,moving X: . ......... X. company Water and wastewater treatment ........ ....... ... ... .......... x.- .......... P lants ...... 'X Water treatment services .............. ............ ......... A ..........1::X ............. .... ........ A=Allowed D=Director's approval required PC= Planning Commission approval required AID= Director's approval on ground floor;allowed at. The Director shall determine if a proposed,unlisted use is similar to a listed use. Numbered notes are at end of chart. 1-20 1-30 able"lees Aflowed by Zone R 1 Fi 2 R 3 R" C/OS 011 . PF C-N C-C C-R C-T I C S M L ''''?'' Zoos Notes: 1. In the C-N zone,only branches of banks are allowed-no headquarters. 2. Except for condominiums,the development of more than one dwelling on a land parcel in the R-1 zone requires approval of an administrative use permit R-1 density standards apply. 3. In the 0 zone,dwellings on a site occupied by residential uses only are allowed. Dwellings on a site with nonresidential uses require approval of an administrative use permit. 4. In the C-N zone,hot tubs/spas for commercial use must be enclosed. 5. In the M zone,schools are limited to those offering instruction in fields supportive of allowed uses. 6. In the 0,C-C and C-R zones,animals at veterinarian's facilities must be kept within a building. 7. In the C-N zone,branch libraries only are allowed. 8. In the C-N zone,the following types of uses are allowed provided that (1)the gross floor area of each establishment shall not exceed 2,000 square feet and (2)the combined floor area of all such establishments within a shopping center shall not exceed 25% of the total floor area in a shopping center with a gross floor area of 15,000 square feet or greater; or shall not exceed 50%of the total floor area in a shopping center with a gross floor area of less than 15,000 square feet: Retail sales-outdoor sales of building and landscape materials. Retail sales-indoor sales of building materials and gardening supplies. Retail sales-appliances,furniture and furnishings,musical instruments;data processing equipment business,office and medical equipment stores;catalog stores; sporting goods,outdoor supply. Retail sales and rental-specialties,except that the floor area of video stores shall not exceed 3,000 square feet. Ticket/travel agencies. For parcels not located within shopping centers,an administrative use permit shall be required for the uses listed above,to insure consistency with policies of the General Plan Land Use Bement and compatibility with surrounding uses.The use permit may provide for exceptions to the floor area limitations listed under(1)and (2)above. 9. In the C-T zone,car washes are allowed only in conjunction with and incidental to service stations,and provided that no other car wash is located within 100D feet of the site. 10. Large professional office buildings which can include multiple tenants but with no single tenant space less than 2,500 square feet may be established in the C-S and M zones subject to the approval of a Planned Development(PD)zoning application and compliance with findings specified in Section 17.62.040 C. However,this provision notwithstanding,the following types of office-related uses are prohibited in PDs approved for CS and M zones: Banks,real estate offices,financial institutions,medical clinics,doctor's offices,and lawyer's offices. 11. An administrative use permit is required for the construction of nonresidential structures or the conversion of residential structures to non-residential uses in the 0 zone. In order to approve a use permit the Director must make each of the following findings: A That the location,orientation,height,and mass of new structures will not significantly affect privacy in nearby residential areas. B. That the project's location or access arrangements will not significantly direct traffic to use local streets in nearby residential areas. C. That the project includes landscaping and yards that adequately separate parking and pedestrian circulation areas from sites in nearby residential areas. =Allowed D= Director's approval required PC= Planning Commission approval required A/D= Director's approval on ground floor;allowed above. The Director shall determine if a proposed,unlisted use is similar to a listed use. Numbered notes are at end of chart. 9 1-21 /, 3 / 12. In the C-C and C-R zones, use permit review of automobile sound system installations should include consideration of the following Items: parking space displacement,noise from the operation,and appearance. Use permits may be approved only when the use is accessory to a retail sales operation. 13. Where parking as a principal use is allowed,deviations to existing setbacks and building heights are permitted upon approval of a use permit as required by Section 17.22.010. Al multi-level parking facilities shall require the approval of a use permit by the Planning Commission. 14. Theaters in the C-N zone shall be limited to 4,000 square feet in size,a single screen,and restricted to shopping center sites in the zone (See Section 17.04.371). 15. Use permit review shall consider that the C-S zone is primarily intended to accommodate uses not generally suited to other commercial zones because of noise,truck traffic,visual impacts and similar factors. A use permit may be approved only when the church will not likely cause unreasonable compatibility problems with existing or likely future service commercial uses in the vicinity. Use permit conditions may include measures to mitigate Incompatibility. 16. In the PF zone,only non-profit theaters are permitted. 17. Allowed by right where accessory to a church or school,or where an employer provides on-site child care to 12 or fewer children for the exclusive benefit of employees,providing the primary use meets City parking standards. 18. Church uses may be allowed inside existing buildings only. 19. Dry cleaning plants in the C-N zone shall be allowed subject to the following performance standards: less than 2,000 square feet In area; use APCD-approved low-emission equipment;and cleaning done onsite shall be for customers coming to this location only (not serve as a regional plant). 20. Adult Entertainment Businesses must be located seven hundred (700)feet from any parcel of land which is located in a residential zone or upon which a religious institution or school is located. See Section 17.95 for additional design and performance standards. 10 1-22 �_____—__—____� I I I I � I I I CAL POLY I I I I � \ 1 I I I I I I I I I I I I I � I I I � I I I I I I LAGUNA S I_ J • I e I ■■ _I 9 a ^ / / ` .y-__________ I I AIRPORT / SCALE 1"=3500' W CITY LIMIT LINE: .'�I11 ii�jljl�llli� �l'I I�'I city of I� sa►n tins OBispo � Ea"ged on rap 2 IMMOMMM990 Palm Street/Post Office Box 8100•San Luis Obispo,CA 93403.8100 7286 p;c;;; Attachment 2 2-7 1—.33 Ank ,,:;:::. / \ :"'. n; x lt \. ` W C-T w zxa �f z�x z �.� C-R 'C-R-PD/ i C-T � r►- H FRI 0 nmr 1000 2000 3000 ------------ 0 kam 1/4 1/2 FADULT ENTERTAINMENT ZONES �_ -gaff Special notes, indicated by number,in the following chart, may be found at the end of the chart. Table"ses Mowed by Zone R-I R-2 R-3 R-4 C/OS 0 PF C-N C-C C-R C-T c-s Fm ................. W P 06l ................ ............ ........... A Advertising and related services A A (graphic design,writing,mailing ...... ......... ............ I .. ... .. . ........... addressing,etc. .. ..... ....... Agriculture-grazing and outdoor ON crops .......... Agriculture-greenhouse culture, .. .. ...... .......... livestock feeding ....... .......... j: C F, Airports and related facilities E Ambulance services ........ A PC PC NX: A A D Amusement arcades (video gg see Chapter 5.52,Bectronic C Amusement Centers& 17.08.(Imes PC Amusement parks,fairgrounds .. ..... A An hospitals,boarding and D A .. ......... .... ....... grooming (small animals) D An hospitals,boarding, grooming,training Oarge animals) . ............ D Antennas(commercial broadcasting) ................ ............. . ....... . ....... .................. ................. D 0..... ... A ................. D .. .. .... ............ . ................ ........... . . ........ .......... .!....... Athletic and health clubs, ............ ......... ........ ....... ........... ......... ...... . ........ ......... .......... .. .......... . .. ............. .. ...... .. ............. ............. .. ..... .................... ....... ........... gymnasiums,fitness centers, .......... ...... .......... ............ ........... ..... .......... .......... game courts ............ Auto dismantling,scrap lers recycling centers . . ....... PC ..... D A Auto repair and related servic ........ (body,brake,transmissions, muffler shops; painting,etc.) ...... ... X, 1312 A Auto sound system installation ............. A Ai A Banks and savings and loans D D D Bars,taverns,etc. (see Night . ......... ........... ....... ... .............. ... A D::: D ............ .............. ists A IIX Barbers,hairstylists, manicur ...... ..... ............... ............. ............... ............. ............... to centers .............. Boarding/rooming houses, D D dormitories(See also Chapter 17.20) 0 D Bowling alleys ..... ....... ... A A A Broadcast studios ......... . ..... ... .. .......... .... Building and landscape A maintenance services A A=Allowed D=Director's approval required PC= Planning Commission approval required A/D= Director's approval on ground floor;allowed at The Director shall determine if a proposed,unlisted use is similar to a listed use. Numbered notes are at end of chart. 3-2 Table gUses Allowed by Zone R-1 R-2 R-3 RA C/OS 0" PF C-N C-C C-R C-T CS M »> r D Bus stations ;::;::: ,:,.. Cabinet incl and cePtrY r en shops ho s D A..... A A `< Caretakers'quarters Jt'; A >......... A ;'A;';:': ;; A jt [>['>i''> '>': 'j Carq ::::.:: _ :... .. r h-mechanical D D D A Carwash-self-service >.:.;;.:%: c;..::. :.::.:.:.:......... i A Catering rin seryces PC Cemeteries, mausoleums pC:::::':» PC :::PG;<<:> PC PG;:==;':'>:; PC +C; ;i P G> cou I mbariums s n Christmas tree sale (see Sectio 1 s 17. .0 OD i:::j:i OB A .....A..... Churches synagogues,tem les, ;:pC;<.; y D ;;Qi;:;:j;:y;._ , P >aa>:>:>::: etc. Circus,carnival,fair,festival, D 1 E grades a Section 17.08 0 0 P ( xxSee N. Nse As A r services ;:.>;:;:. :.: A Computer m i D D I of alcoholic Concurrent rrent saes evera es and r d moto fuel (See b 9 Se 1 .1 Section 7.08 00 A AX. Construction activities see Section P1,,„: : ., A..., '.. % A '*;s> >' A fj .> >» 17.08.01 OG A >' Co ntractor'sds Yar P "P PC D >i C Convalescent hospitals ;:;:<.>:.;::,:: I. ....:::.:.:..: >:>: P A D Convents and monasteriesC €'11' €?> 'n and collection A 5. wmA A Credit reporting Po 9 AX. CXVredit unions and finance Xx i cornP an es DY a Care -family day care homes (see "A A A ' A A A A 17. .1 Section 080 00 ,r D Da care center 13:><>:<:>; D :D>::>::»:> D A i}i'`'< AJ....... N. Day .< ' Delivery services live se A Detective and security services A ”>: De ty se iv in theaters P C PC Dre <=: a 7. A «:fy;::,:<.;. A .<. A A/D :.,11/p.;; A/D Dwellings (See also Sec. 1 55 aJ1:;::;:::. d Zone Mixed Use n s see D Is D n I confers ce Edueabo a ( on 17.08.0101-1) X. Se ch n agencies A FJn to e t 9 P Ym A=Allowed D=Director's approval required PC= Planning Commission approval required A/D=Director's approval on ground floor;allowed above. The Director shall determine if a proposed,unlisted use is similar to a listed use. Numbered notes are at end of chart. 3 3-3 /-37 Table%Uses Allowed by Zone FI-1 k2 FI3 Fl-4 C/OS 0" PF C-N CC C-R c-T I c-s F 7 .......... X- X Equipment ren A tal ............ ........... A X. R Exterminators and fumigators ............ -Xs Feed stores and farm supply sales PC A ............. .......... ...... Florists ....... A A ............ ............. ... ........................ PC Fraternities and sororities ........... Gas distributors-containerized D ............. .:x ...... (butane,propane,oxygen, X ..Y: acetylene,etc.) .... ......... .......... X. A Government agency corporation Y ards 'X ............ D Government agency offices and X; meeting rooms .... X: Y-Yo ......... High occupancy residential use 90<> 4. D ...*.K.so.e. ............. N Home business (see Section YI: ........... 17 OB ............. .............. ............. PC x.....: . ....... PC PC PC Homeless shelters (see Section K.....:1 X ....... ....... 17.08.110) ............ .:X Hostels :::>:>:#>::»>:<: 1: . . ......... ..... PC .......... :X. Hospitals .. ......... .. ....... $1 'X.:..... ........... A ......... P P PC, Hot tubs-commercial use .................. .......... X. I ... A X.. A Insurance service 4ocal 0.. regional o A Insurance services Mee X.. ..... ......... :X. A Laboratories (medical,analytical PC A XX... research) _NX: X. La and cleaner mor X. .............. A' ............. A -cleaning plant A A .:A ........... -P ickup point A Y.D D A . ..... -self-service .............. 7 A Libraries ......... ....... D. a ... Manufacturing-food,beverages; D ice;apparel: electronic,optical, instrumentation products;jewelry; musical instruments;sporting ...... goods; art materials ...............X ....... .......... Manufacturing-basic metals, fabricated metals,textiles,paper .......... chemicals, building materials, and cardboard; machinery, transportation equipment .... ...... X. Mineral extraction (see Section PC PC PC 7i'.p PC W. PC 0� 0. PC PC 17.08.02D) PC C A=Allowed D= Director's approval required PC= Planning Commission approval required A/D= Director's approval on ground floor;allowed aL The Director shall determine if a proposed,unlisted use is similar to a listed use. Numbered notes are at end of chart. 3-4 Tables"ses Allowed by Zone R1 A-2 R-3 C/OS ,0" PF GN GC GR GT GIX S M 'I home arks rS�'>� '.. A asis Mobile o P Moble i home as construction office IX see Section 17.08 01 OC ) A A A >:J�''< Mobile homes as temporary residece n at build in9 site 1 see 7 1 Section ion 1 .OB 0 0 Mortuaries D A I bed and breakfast ".. A A >' ;'' Motels,hotels, emss inns Museums A Nightclubs,clubs discotheques,es 1 etc. see D 9 >W.. H Offices (contractors) types- II es of X. ch�p#.F 40. U,&rRIeFta6aaWM XXX X. '. A general and special tial bu ildin 9 r' ffices ccntracto s o >% a A A engineers, A Offices (engineering)en is>' Off ii�:Y>ii;:>:>' :.::r;:.;;;;;:::: ( 9 9) 9 , and industrial ':i::: : •;;;;:.;;;:;.:;:;.; ;>::?::::>s:>::::><: s;;:>;:;a:>: ::: architects, 9 > ;;;; ;;: ;;::.;;:;;;:<:,:::> ;;.....:..:. si 0 t.i .......... Officess (professional)attorneys,s. A < A counselors medical services, accountants investment brokers, realtorsappraisers toi SefS ".< 0 ':;>; D A A D /.::.:: Organizations 9 li religious,political, labor, fraternal re , 9 p 2fi'T,.i trade, rrth etc.)office s and Yo m meetingrooms n 13 nxx D Parking (as a principal use xx A 4>'> > A A Parks ':El:.<.: "::: A "`ll>s ': `'�s'=»i A p a' . A Photocopyservices; quick enters ;::::::::::... ;;.:>.::;:;:,z>:::.:. <:::>::'ts;:::>.e:::.. I.x Photofinishing-retail „ ; A A .'±. A >PG>.»s N. A A Photofinishing-wholesale; and a D 'n' and microfilming blue rtLn 9 P service A R c<» A iSmX. A Photographic studios wo Police and fire stations and training 9 pC>€r ;: i' fat Itiest P E Pool halls,b D (>p I parlors,erl ors etc. C 3-5 A=Allowed D= Director's approval required PC= Planning Commission approval required A/D= Director's approval on ground floor;allowed above. The Director shall determine if a proposed,unlisted use is similar to a listed use. Numbered notes are at end of chart. 5 1-3419 Table"sea Mowed by ZoneR-1 •-R-2 R.3 PA C/OS 0" PF C-N C-C I C-R C-T [C-S M ........... .......... ............ Post offices and public and private . .......... P ostal services ........ .... ........... ............ ....... A A D under 2000 square feet gross floor area per establishment ........... 2: A A more grow ........ 2,000 or square feet .... ..... X On. floor areaper establishment ....... ......... XmI D Printing and publishing InXI....1 IX. I............ ............ ............. ......... A A A::::: A Produce stand ..... . X. -�xxxo o.— .......... .......... . ....... D PC Public assembly facilities : 2»f#;........ ...::: X. i -'x� �Ix Xx. (community meeting rooms, ............... auditoriums,convention/exhit :X x: halls) D Railroad yards,stations,crew facilities ......... ................... ............ Ins.. Refuse hauling,septic to and X: X. P ortable to services ..... ............ ....... .1V xsx:: ........ Repair services 1:11,......... .......... ........... .......... IX .......... ........... ....... A A x. A A small household appliances, .1........ XXI locksmiths,seamstress,shoe repair ....... .......... ........ -X. M. X large appliances,electrical D ....... A .......... equipment,power tools,saw x: X sharpening ...... A/D Residential care facilities-6 or A A j?k :x A/D fewer residents X: Residential care facilities-more D D PC PC than 6 residents ......... €:>:`:: IX; ms::j.. X ....... . Restaurants,sandwich shops,take- A ......... A ...... D X. ........ . out food,etc. ........ .............. A X A Retail sales-outdoor sales of ............ ....... X!........ ............. XxK: building and landscape materials 0. Y'.X: . ....... X. Qumberyards,nurseries,etc.) ......... ........... ............ ... . . ........ ................ .......... X. -x:xx A Retail sales-indoor sales of building materials and gardening xs*� supplies(floor and wall coverings, A '4"' " paint,glass stores,etc. .......... Retail sales-appliances,furniture ..:X .......... A! A A A .. .......... and furnishings,musical nts; data processing instrumeza< ...... :i:Y>xisxi . equipment,business,office and .... ........ ......... ...... ... .. . .. ............ ...... ... .. ................ ...... .... ... . ....... . ...... ... . ... .. ............. medical equipment stores;catalog ............ ................ . stores; sporfing goods,outdoor . ........ supply A A ..... Retail sales and repair of bicycles I... ..::: A A=Allowed D=Director's approval required PC= Planning Commission approval required AID= Director's approval on ground floor;allowed ab The Director shall determine if a proposed,unlisted use is similar to a listed use. Numbered notes are at and of chart. 3-6 /—A/FO Table"ses Allowed by Zorn R-1 R-2 R 3 F" C/OS O" PF C-N C-C C-R C-T C-S M Retail sales and rental autos ; .......... D A trucks motorcycles, RVs A A D p:G»" ' sales-auto arts and ;.:.::.:.:: .,.::,..::. ;:<;.;;;:.:.<. ::'::;:>'»:' Retail sae <. P accessories except tires and ba principal batteries as i P Pal use . 02 A A P `€ n batteries C . les-tires and Retail sales les and rental boats A Retail sales , aircraft mobile homes A D A »>C'G' r d »t[> 3`iA^ '. Retail sales rotaries,liquor an >:<:>:'.. .. ''`'''"`` ""'"'`` is fo ds a mea s specialized foods(bakery, X.e. dal items etc.)) I e -neighborhood grocery »`p >`: D D A Retail sales I c. 17. (See also Se 30 030 ( IX Retail sates- general merchandise war discount (drug,hardware,( 9. n varietystores department and P - t square feet or less roes A P 5000 8 r establishment floor area a P C P :r'.::..:.:�:::. ON. 15,001 to square feet roes 500 60 000 sq 9 r r establishment floor area >>''>» P - more than square feet ;:.;::.::.: :: :::.::..:::.. ;:::::«.,.:::., E!L' > D C IX 0 60 000 r fish- z>:»::: r a establish-gross floor are Pe ment. s' A! A I- i Ities A i# '>': Retail les and rents sec a Rata se P in res €' h e stores cloth stores, so ( 9Is stores,to book/record/videotape Y res ift ho s stores stations stores, shops) stationery .9 :>>': <t' Schools see Nurse schools/Pre-school N Da care r M. Y D D P Lf€i # i i C €O„#is Elementary,junior high,high 1 9 9 I schools for disabled/ schoo s t handicapped raPP Colleges/universities Xb ': '> '; >': £ X. D Business,trade recreational,or PC A y ' I li schools others aa zed Pe d academics PC Boarding schools an :<>: 9 services >i>'> A D Secretarial and related se ees Seexxi :./,.::::: reporting,stenography, court a ort ( P 9 10 in telephone ne answering,etc. typing, P ) <:>s D A ons see coon D k`:Ci>i> > Service stab Se sy 17. OB 030 A=Allowed D= Director's approval required PC= Planning Commission approval required A/D= Director's approval on ground floor;allowed above. The Director shall determine if a proposed,unlisted use is similar to a listed use. Numbered notes are at end of chart. 7 3-7 /-y/ Pei -F� R-4 C/OS 011 PF C-N C-C C-R C-T OS -FM Table"m Mowed by Zone W.U. PC PC Y .:.. ...:r Skating rinks x. a ................ :sx.... . ..... .......... D Social services and charitable A A x, .......... agencies ............. . ..... ........ X. a XXX. PC ...1 X x I Stadiums R ..:. ..:.:::: . ... .......... ....... ....... ........... .......... K .......... �-:X:x.: ...... PG ..X PC MX:: PC -X ........... Swap meets x .......... .......... PC Swimming pools (public) PC ............ X-....... Tattoo parlors .......... Tallow works X: N. Temporary parking to (see M Section 117.08.0101) .............. ...;.:: D Temporary real estate sales office ............... x. ................. in tract (see Section 17.08-010B) X.:..: D D D Temporary sales (see Section I.I .. Xx: .......... 2, X :X.. 17.08.01w) .......... ........... . .............. D D Temporary uses-not ortheW D D D D .......... ............ e.: ............ X listed in Section 17.08.010K ............ PCU D Theaters (see Gha F 6 40,Adwit A D X A Ticket/travel agencies :X ................. -X. ... .. Tire recapping A so xx A Is ........ X:.. A A Title companies ........ ............ .............. A D NX, X Trailer rental X X.. ............. ... ........ .......... .......�: X -X A Trucking/taxi service ........ e., X IX ..........IXXX ............ Utility companies .... . ... . ........ Yx -Corporation yards A .... .... ... ............ .......... -Customer account services . ........... A: (bill . I.: . D A ..... X, paying and inquiries) ....... W X.. eX ........ som X: -Distribution and transmission ......I facilities-see Section 17. .050 .. ........ :;X XX: ...... -Engineering and administration A A D ........... offices ........... ............... A A Payment drop points A m Ism. ............. Vending machines (see Section :Z.. Ox. X., r Is X: 17. OB 6 X A D Veterinarians A=Allowed D=Directors approval required PC= Planning Commission approval required A/D= Director's approval on ground floor;allowed ab. The Director shall determine if a proposed,unlisted use is similar to a listed use. Numbered notes are at end of chart. 3-8 Table&Uses Allowed by Zone R-1 R-2 R3 R-4 C/OS 011. PF C-N C-C C-R C-T C-S M Warehousing, mini-storage,moving N A X Ism.: company NN" : ons:-5: Water and wastewater treatment plants ... ............ ............ ... ......... XX ...... .... ...... XX IX Water treatment services A .......... ............ . ........... . . . ................ X, PC Wholesale and mail-order houses ......... . .......... X Zoos Notes: 1. In the C-N zone,only branches of banks are allowed-no headquarters. 2. Except for condominiums,the development of more than one dwelling on a land parcel in the R-1 zone requires approval of an administrative use permit. R-1 density standards apply. 3. In the 0 zone,dwellings on a site occupied by residential uses only are allowed. Dwellings on a site with nonresidential uses require approval of an administrative use permit. 4. In the C-N zone,hot tubs/spas for commercial use must be enclosed. 5. In the M zone,schools are limited to those offering instruction in fields supportive of allowed uses. 6. In the 0,C-C and C-R zones,animals at veterinarian's facilities must be kept within a building. 7. In the C-N zone,branch libraries only are allowed. 8. In the C-N zone,the following types of uses are allowed provided that(1)the gross floor area of each establishment shall not exceed ZOOO square feet and (2)the combined floor area of all such establishments within a shopping center shall not exceed 25% of the total floor area in a shopping center with a gross floor area of 15,000 square feet or greater;or shall not exceed 50%of the total floor area in a shopping center with a gross floor area of less than 15,000 square feet: Retail sales-outdoor sales of building and landscape materials. Retail sales-indoor sales of building materials and gardening supplies. Retail sales-appliances,furniture and furnishings,musical instruments;data processing equipment business,office and medical equipment stores;catalog stores; sporting goods,outdoor supply. Retail sales and rental-specialties,except that the floor area of video stores shall not exceed 3,000 square feet. Ticket/travel agencies. For parcels not located within shopping centers,an administrative use permit shall be required for the uses listed above,to insure consistency with policies of the General Plan Land Use Bement and compatibility with surrounding uses.The use permit may provide for exceptions to the floor area limitations listed under(1)and (2)above. 9. In the C-T zone,car washes are allowed only in conjunction with and incidental to service stations,and provided that no other car wash is located within 1000 feet of the site. 10. Large professional office buildings which can Include multiple tenants but with no single tenant space less than 2,500 square feet may be established in the C-S and M zones subject to the approval of a Planned Development(PD)zoning application and compliance with findings specified in Section 17.62.040 C. However,this provision notwithstanding,the following types of office-related uses are prohibited in PDs approved for C-S and M zones: Banks,real estate offices,financial institutions,medical clinics,doctor's offices,and lawyer's offices. 11. An administrative use permit is required for the construction of nonresidential structures or the conversion of residential structures to non-residential uses in the 0 zone. In order to approve a use permit the Director must make each of the following findings: A=Allowed D=Director's approval required PC= Planning Commission approval required AID= Director's approval on ground floor,allowed above. The Director shall determine if a proposed,unlisted use Is similar to a listed use. Numbered notes are at end of chart. 9 3-9 I-A13 A. That the location,orientation,ha.yht,and mass of new structures will not significantly -.sect privacy in nearby residential areas. B. That the project's location or access arrangements will not significantly direct traffic to use local streets in nearby residential areas. C. That the project includes landscaping and yards that adequately separate parking and pedestrian circulation areas from sites In nearby residential areas. 12. In the C-C and C-R zones,use permit review of automobile sound system installations should include consideration of the following items: parking space displacement,noise from the operation,and appearance. Use permits may be approved only when the use is accessory to a retail sales operation. 13. Where parking as a principal use is allowed,deviations to existing setbacks and building heights are permitted upon approval of a use permit as required by Section 17.22.010. All multi-level parking facilities shall require the approval of a use permit by the Planning Commission. 14. Theaters in the C-N zone shall be limited to 4,000 square feet in size,a single screen,and restricted to shopping center sites in the zone (See Section 17.04.371). 15. Use permit review shall consider that the C-S zone is primarily intended to accommodate uses not generally suited to other commercial zones because of noise,truck traffic,visual impacts and similar factors. A use permit may be approved only when the church will not likely cause unreasonable compatibility problems with existing or likely future service commercial uses in the vicinity. Use permit conditions may include measures to mitigate incompatibility. 16. In the PF zone,only non-profit theaters are permitted. 17. Allowed by right where accessory to a church or school,or where an employer provides on-site child care to 12 or fewer children for the exclusive benefit of employees,providing the primary use meets City parking standards. 18.. Church uses may be allowed inside existing buildings only. 19. Dry cleaning plants in the C-N zone shall be allowed subject to the following performance standards: less than 2,000 square feet in area;use APCD-approved low-emisslon equipment;and cleaning done on-site shall be for customers coming to this location only (not serve as a regional plant). ................................................... ....::..::..::.::..:::.:...:...::.:..::::::::::::;:.,:..v.., . :,,...:<:,,::,.:<.; .:..,..;:,. .::.:...,.........;: .::•:,...................... .; . :.; ..:::.:.;..,: d::aeven:Au tl:::... :: :: a..;: . : :;gl:;end::uat)it�j'as` a eel'i61 tis denlsai : tertamrn�trt;H messes:rrnst;Ge3n e.......__.:.::,.::: e..::f .::. :...r+Y# +:::.:::::::::::::::......:::::::::::::::.:::::::,.::::::::::::,:.........::..::... "RU..:..::..::::::.v:...:....::....:...:..:............ .... ,:....,:.... arms cro on wtucf..a.sefki ..... ttior:.or9cFwbl.is toasted,.Sae Section l �5 dor additional,desjget.and.pe Annan ,standards 10 3-10 �i City of AllSth AUSTIN CITY COUNCIL MAYOR Frank C. Cooksey MAYOR PRO TEM John Trevino, Jr. - COUNCIL MEMBERS Mark Rose Smoot Carl-Mitchell Sally Shipman George Humphrey Charles E. Urdy CITY MANAGER Jorge Carrasco REPORT cN ADULT ORIEN`= BUSINESSES IN AUSTIN Prepared By Office of Land Development Services may 190 1986 d A=chment 4 4-1 /� CHAPTER II SumMARY OF EXISTING RESEARCH This chapter presents a brief overview of existing research and regulations written to address adult oriented businesses in various parts of the country. An understandties andof -theelegalsof basisdult for oriented businesses on surrounding props regulations controling such businesses is critical in developing an ordinance for Austin. A. ANALYSIS OF EXISTING RESEARCH Amarillo, Texas The City of Amarillo's study, A Re rt on Zonin and Other Methods of Re Latin Adult, Entertainment Uses in Amari o, conc that a u t entertainment uses are distinguishable from other businesses in that they have negative impacts on surrounding land uses. The study' established a relationship between high crime rates and proximity to adult businesses. Furthermore, the study found that the late operating hours of most adult businesses created special problems to surrounding neighborhoods in the form of noise., glare, and traffic. Beaumont, Texas A planning department study done for the Charlton-Pollard Neighborhood in Beaumont, Texas investigated the effect ofadult busied thates an economic decline and crime. The study rcial storesthe tration of and. contributedtto annesses drove increase in crimessuchprostitution, drug use, and muggings. Indianapolis, Indiana In February, 1984, the Division of Planning in Indianapolis published a report titled Adult Entertainment Businesses in Indianapolis: An Analysis. This report contained the results of an eva uation of the impact of adult business upon surrounding areas in terms of of adult e rates and real estate values. The study assessed the impact six areas entertainment businesses on crime rates by researching adult containing adult businesses and six similar areas containing businesses. A comparison these areas in rarelated as�con aininghat Leadult crime rates were 77 percent higher businesses. evaluated the impact of adult i Ttie second portion of the study rofessional real estate bt�::inesses on real estate values by surveying p inions The first surveyed opinions surveys were conducted. raisers appraisers. �1O titan Institute of Real Estate App of members of the - Ame metropolitan areas similar in size to Indianapolis. practicing in. 22 metropo le of AIREA members drawn at a The second survey was a 20$ random l tan area survey, 78% of those in the metropo national' level. values would decrease if surveyed felt that residential property located within one block of an80a$doftthose businsurveyedefeltiresidential generated similar results property values would decrease if located within a block of an adult business. Los An eles, California rt in The Department of City Planning for Los Angeles published a repo JAn une, 1977 entitled Establishments IrLidiir of the EineCtheoCittho CLoseAnretesn o Adult Entertai ct of adult businesses an both crime rates and evaluation of the imps Crime rates were evaluated by property values was conducted. comparing the Hollywood area with the remainder of the city. Hollywo od was selected as a study area because of its. high concentration of adult businesses. The study focused on the year one to ion during which the number of adult businessesi titutieon from 11 to ros 88 establishments. =eu15 tlmesagreatertthan the city arrests in the. Hollywood average. real lis. report, the Los Angeles study surveyed Like the Indianapo ct of adult businesses on property estate appraisers to assess the impa ed felt that the concentration of values. Over 90• of those survey seven percent adult businesseswould feet the adultckbusinesse oEightyate residences located within decrease such indicated that the concentrationof located in thevicinity Ofsuc the market value of business property establishments. Los Anaelea County. California of the County f In April, 1978, the Department of. Regional planning and published a study entitled Adult Entertairueewten�cement Los Angeles P� ordinance Amendment. In t e st Pro sed Zuni Responses from the surveys indican�dence o firers were curve ace, and' areas with a concentration theft,ltassusaultssedisturbi disturbing Pe sling of public intoxication, sex-related vice- Respondents lthect�st individual problems. studios, and massage pa 4-3 1-47 • r i Phoenix, Arizona The City of Phoenix study investigated the incidence of crime by comparing three study • areas containing adult businesses with three control areas without adult businesses. They concluded' that crimes were 43 percent higher, violent crimes were 4 percent higher, and sex related crimes were over 500 percent higher in the study areas. St. Paul Minnesota The planning department in St. Paul conducted a study entitled Effects on Surroundin Area of Adult Entertainment Businesses. The study found t at there was a statistica y significant a location ation between diminished housing values and crime rates and the location of adult businesses. The study also concluded that there was a stronger correlation with neighborhood deterioration after the establishment of an adult business. B. LEGAL BASIS Regulation of adult businesses has taken a varirty of forms i adopted cities throughout America. Boston, Massachusetts, o an ordinance that restricts all adult businesses to a single geographic area known as the "Combat Zone". Detroit, Michigan,on the other . hand, enacted an ordinance intended to disperse adult businesses. This ordinance, passed in 1972, prohibited adult entertainment businesses within 500 feet of a residential area or . within 1000 feet of any two other regulated uses. The term "regulated use" applied to a variety of businesses, including adult theaters, adult bookstores, cabarets, bars, taxi dance halls, and hotels. At this time, only Seattle and Renton, Washington have ordinances similar in nature to the Boston ordinance. However, several cities have adoptedregulations disulrsingsadultentertainmenlar to t businessesn Detroit, which are aimed Pe The Detroit ordinance was legally challenged and ultimately upheld by the United States Supreme Court in 1976. This court case, known as imary Yom _v_ American Mini Theaters, Inc. ► npo ow ersvte Tequlate s the radu t legal precedent regar ng the use of zoning pow entertainment business. In Young, the Supreme Court held that "even though the rirst Amendment protects communicationin we holdarea (sexually • explicit activities) from total suppression, the State may legitimately use the content of these materials as a basis for plac ng them in a different classification from other movie theaters" . 1. McClendon, Bruce W. ; Zoning for Adult, (Zoning news; J American Planning Association, August, 198 ) . � 4-4 ��/�� CHLLD1ti N AND FAMILLL� � :3.. -:..CS•s ir... �::tij .t;,c.:.-ri:.:.i:iL•YA.'+s� �:✓''_ TUDIES SLT_zvl'v1AK`' OF TAI ID USES -- _ g. Oklahoma City;-Oklaiioma..�: ';-:- 1 California - - " -Garden Grove, �� : :?�._ : ._•_� " - ... ,. - - .-i.:c-vim_:r'•�.. .-e r .-'.,. 'i,`:i1°.::._► _ _ _.._... _ .... . 9. Texas ._... 2. Phoenix, Arizona '==___ ,.r.t. ;..:; ::. . Austin, 3, ' Los Ancreles, California 11. Beaumont, Texas 4. Whittier, California 5. Indian-23.polis, Indiana 12. Houston, Texas 6, Minneapolis, Minnesota 13. Seattle, Washington 7. Cleveland, Ohio ilacional Law Center for Children and Families -,,;1; 4-5 (�U FQ f='-Ul l ■.Fc'``�4�,032�8]_z 109 ( DAT:!: , .)TzMarq .1 2 , 129i - �,�t`, USE S':LTDY: GaR[: GROVF' , Ua - - :. OVERVIEW: This rspert by independent consultants sunmarizas stat=stical analysas to detor_'ins a basis far adult business regulations because of thair negative 'impact on the community in urea of crime, dacraasad preoar:.y values and di:zinish■d cZuality of lifer. Statistics were Measured from 1981-90. and included crime : data , and surveys of real estate professionals and city residents. Garden Grove Boulevard, with seven adult businoszes , was selected as tha study area. The study incorporated many control factors to insure accurate results. Thu report includes a brief legal history Q-.1 adult businaaa regulation and an axtansiva appendix with. samplas ;atarials and a proposed statute . cRTvE: Crime increased sign- _cartly with the opening of an adult business , or with tha sxransicn of an existing' business or tha add'_t'_cn of a her naar:y. T a :'_se was g=•yatast in "serious" offenses (tar:..ad "Part _" crimes : homicide, rape, robbery, assault, bu=glary, that and auto theft) . On .Garden Grove Boulevard, the 7 adult businesses accounted for �36� of all crime in the ra an adult business/ usiness,area. in one case, a Sar opened lees than 500 Last .•r.. and xaricuz c;'_ma within 1, 000 feat of that buainaxe :cza mare than 200% the next year. RE,�;, cg^ATE : Ovnr',:haZzting'_y, respondents said t::at an adult businassas within 200-600 fns_ of raaidertial and cc^.merciaZ . Property dapraeiates tha prcanrty vaZua. . ...T;'.a greatest impact uas. ;,:: .:._ on single family he-.as . ns c1:ief tactor citad fc: the increased cr'_=a associatad with adult dap:aciatien was businaszas . HOUSEHOLD SURVEYS : lis calls wars ccopletsd in a _angora sampla of hausehclds in the Garden Grove Boulevard vicinity .hs public consansz:a was that adult businesses on Gxrden Grava Blvd. were a carious problem. Nearly .6 of .-a surveyed individuals , lived : within :, 000 fast of an adult: businass . More than Ilk cited a eci�' c personal axperiancss of problems ialiting .- to -thasa _p businesses , including criWa, nc_so, litterr, and general quality of 1ifs. e0% said they would want to nova is an adult business opened in thair neighborhood, 60% saying they "Would move" or "probably. would move. " 85% supported city ragulation a'= the locations of adult burin asses, with 76% strancly advocating 4C-he prohibition of adult businesses Within 500 feat of a residential arm, school or ch%irch. Women commonly exprassad fast fa: t`�emsalvas and their = cnildran bacausa of adult businassms. REcOILu.ZYDATIONS: ."he report concludes that adult businesses have t,real inpact" on aver--rday. l+_aa through harmful secondary affscts and makes four racor-=andationz : (1) gasp currant raquiramaht of 1, 000 feet aaparation between adult businasaest (I) Prohibit adult establishr-ants within 1, 000 feet of rasidant'_al areas; (3) Enact a Syr3tea of conditional use o.raits for adult businesses with Police Oepartaant involvement in aysry azptct of the process ; and (�) prohibit bars/taverns within 1, 000 east of an adult business. 4-6 �� .. __ — -'� - ti;f^ _ : .w' .. ^ .'-ti.:: .. "_ _ %J . �.i i�`1cs'_G':—�•'a"r..:v:..i:vk•.jY�aR y[�ui^,F•Y J'�\`� IAND USE STUDY: PROENIX, AZ DATE: "nX 25. OVERVIEW: The study examines crime statistics for 1978 comparing , areas which have sexually oriented businesses .with those that do •.:;;�_�:; ;_. . __`_Y.._-- not. - ' The results show a Barked increase in sax offenses in . " neighborhoods with sexually oriented businesses, .with modest _ increases in property and violent crimes as well_ Three study areas (near locations . of sexually oriented businesses) and three control areas (with no sexually oriented " _. : businesses) were selected. The study and control areas were paired _ according to the number of residents, median family income, percentage of non-White papulation, median age of population,- percentage of dwelling units built since 1950, and percentage of acreage used for residential and non-residential purposes. -[•}l_•r.'•,_._:.e•.. rr.•___a._.Y' .u.. •_•. :.._ '_/7'. •"_+.. .� :•• J •n: S"T.^: :'•...t .'•"ice •:IY R'c...•:.•\'!}•�•i��\ CRIHE:' Thran categories of cries--nal activity were included in theirr::• stud Property crimes bur la larceny, auto theft Violent , .,..• crimes (rape, murder, robbery, assault) , and sex crimes .(rape, '.: :;:_-,t.;: indecent exposure, lewd and lascivious behavior,. child molastatich) Average results from all three. study/control -areas, ` sex offenses were 5061 greater in neighbonccods where sexually oriented businesses were located. (=n one study area, sex crimes were =ore than 1, 000% above the correspondi-19 control area.) Property crimes ^:.., were 43% greater_ Violent crimes were only slightly higher (0) . Even excluding ' indecent exposure arrests ' (the most common sex offense) , other sex crimes (rape, lewd and lascivious behavior, child molestation) in the study areas were 132% greater than Cont_-ol areas. REQUIREM=S: The Phoenix ordinance requires sexually oriented businesses to locate at least 1,000 feet fro= another sexually: .;; :t;;:.-. oriented business and 500 feet from a school or residential zone. Approval by the City council 3.D.d area residents can waive.-the 500 toot requirement. A petition which is -signed by 51t of residents in the Soo foot radius who do not object =ust ba filed and be verified by the Planning Director. "• _ 98-t`=" 1.. 4-7 LAND USE STUDY: CITY OF LOS A gMOS, CA DATE: JUNE, 1977 OVERVIEW: The Department of city Planning studied the effects of the concentration of sexually oriented businesses an surrounding properties far the years 1969-75 (a time of proliferation for such - j businesses) . The report 'focuses on five areas with the greatest concentration of these businesses (compared to five "cant--all' areas free of them) , and cites data from property assassments/sales, public meeting testimony, and . responses from two questionnaires (one to business/residential owners within a 500 fact radius of the five study areas and a second to realtors/real estate appraisers and lenders) . Crine statistics in the study areas were compared to the city as a whole. Also included: a chart of sexually oriented business regulations in eleven najor cities, details of current regulations available under state/municipal law, and appendices with samples of questionnaires, letters, and other study materials. FROPZ-'=_: while empirical data for 1969-75 did not conclusively show t-he relation of property valuations to the concentration of sexually oriented businesses, more than 90# of realtars, real = estate appraisers and lenders responding to city questionnaires said that a grouping of such businesses vi,`:in Soo-L, 000 feet of residential property decreases the market value of the homes. Also, testi cny f=am residents and business pacale at two public =eetinca spoke overwhelmingly against• the presence of sexually oriented . businesses citing faar, concern for children, loss of customers and difficulty in hiring amplayeas at non-adult businesses, and the necessity for churches to provide guards for their parking lots. CBT1iE: More crime ocasrrad in areal of sexually oriented business concentration. Compared to city-wide statistics for 1969-750, areas with several such businesses experienced. greater increases in pandering (340:%) , murder (42.34) l aggravated assault (45_224) , robbery (52 .6:%) ,, and purse snatching (172±) . Street robberies, where the criminal has face to face contact with his vic4J- m, increased almost 701 more in the study areas. A second category Of crime, including other assaults, forgery, fraud, counterfeiting, - embezzlement, stolen property, prostitution, narcotics, liquor laws, and gambling increased. 423 =ore in the study areas- over the . city as a whole. RECO?2MDATIOHS: The study recommended distances of =are than a i, 000 feet separating sexually oriented businesses from, each other, and a minimum of - 500 fast separation of such businesses from schools, parks, churches and residential areas. 4-8 -.;. : .' ' '. .._, '... ':.•- .=it1.=:.mac:�•`z:i:`" - - .c • ".• _{".' .. •. _ . . .:,....^..::... •?�._i`ce,T_. _ .. _ .• ._ ., �_ ..•, ..•..• - .a��' i:.:!tom. LAND USE STUDY: WHITTI=R, CALIPOMA DATE: JANUARY 9, 1978 - OVERVIEW: After experiencing a rapid growth of sexually oriented..:,_.,; ;_. businesses since 1969, the Whittier City Council co=issioned- a study of the effects of the businesses on the adjacent residential and commercial areas. At the time of the study, Whittier had 13 . such businesses: 6 model studios, 4 massage parlors, 2 bookstores, and I theater. Utilizing statistics, testimonies, and agency ' reports, the study compared two residential areas and four business areas over a span of 10 years (1968-1977) . One• rasidential area was near the largest concentration of sexually oriented businesses, . the other had no commercial frontage but was chosen becauto Cf. similar street patterns, lot sizes and number of homes. For businesses, Area 1 had six sexually oriented businesses, Area 2 had one, Area 3 had threat and Area 4 had non*. 1973 was selected. as the year to compare before/after effects of these businesses. Two t chief concerns cited in the report are residential/business accupancy turnov*rs and increased crime. - - - OCtUPAHCY: TIIRNOVER: After 1973, 57% of the homes in the sexually oriantad business area had changes of occupancy, compared to only - _ 19k for the non-sexually oris.-,tad business area- Residents. ='-~ - comalained of "excessive noise, pornographic material left laying about, and sexual offenders (such as exhibitionists) vents-ig their :rustrmticnz in the adjoinL-ig neighborhood_' citizens also expressed concern about drank drivers coming into the area. Business . Area it with the highest concentration of - sexually oriented businesses (6) , experienced a 1341 increase in annual turnover rate. Area 3 , with three adult businesses at one location, showed a 107% turnover rate. Aree- 2 (wit's i adult business) had no measurable change and Area 4 (with no commercial or sexually oriented businesses) experienced a 45% decrease in turnover from similar periods. CRIME: The City Council Iccked at the tdo residential areas for.._:-• -- ' the time periods of 1970-73 (before sexually oriented businesses) and 1974-77 (after such businesses) . In the sexually oriented business area, criminal activity increased IO2!k (she entire city had •:-- - -- - had only an 8 .34 increase) . certain crimes skyrocketed (Halicious Mischief up 700%; All Assaults up 367%; Prostitution up 300%) . A11 types of theft (petty., -grand, and. auto) increased more than 3.20k each. Ten types of crime were reported for the first tire ever in the 1974-77 period. RECOM.MMATION5: The Council's report reco=e-tiled a dispersement type ardinanca that prohibits sexually oriented businesses closer than 500 feet to residential areas, churches and schools. Distances between such businesses was recommended at 1,000 feet. In addition, the study Proposed a 1, 000 foot separation from parks because of th*ir use by citizens after norral working hours. Sexually oriented businesses would be given an 16-36 month amortization period (if the changs involved only stock in trade, a 90 day period vas reeonmended) . 4-9 l��v LAND IISE STUDY: TNDTMAPOLIS, IN GATE: FEBRUARX, 1984 OVERVIEW: After a 10 year growth in the number of sexually oriented businesses (to a total of 68 on 43 sites) and numerous citizen complaints of decreasing property values and rising crime, the city compared 6 sexually oriented business "study" areas and 6 "control" locations with each other and with the city as a whole. The study and control areas had high population, low income and older residences.. In order to develop a "best professional opinion, " the city collaborated with Indiana University on a national survey of real estate appraisers to determina valuation effects of sexually oriented businesses on adjacent properties. CRIHE: From 1978-82, crime increases in the study areas were 23-% higher than the control areas (46% higher than the city as a . whole) . Sax related cites in the study areas increased more than 20% over the control areas: Residential locations in the study areas had a 56% graatar crime increase than commercial study areas. Sex related crimes were 4 tines more conmon in residential study areas than commercial study areas with sexually oriented businaasns. REAL ESTAXE: Fames in the study areas appreciated at only 1/2 the .ate of hcmes in the control areas, .and 1/3 the rate of the city. "Pressures :+ir.'iin the study areas" caused a slight increase is real estate listincs, while the city as a whole had a 50% decrease, denoting high occupancy turnover. Appraisers responding to the survey said one sexually ariented . business within 1 block of residences and businesses decreased their value and half of the ravoondents said the izmediats depreciation exceeded 10%. xpuraisers also noted that value daprsciation on residential areas near sexually oriented businesses is greater than on caaaercial locations. The report concludes: "The beat professional judgment available indicates overwhelmingly that adult entertainment businesses--even a relatively passive use such as an adult bookstore--have a serious negative affect on their i=Pdiate environs." RECOMM=ATIONS: Sexually oriented businesses locate at least 500 feet from residantial areas, schools, churches or established historic areas. 4-10 LAND OSc STUDY: MQMAPOLIS. HN DATE: OCTOSER. 1980 OVERVIEW: This report is divided into two sections: the relationship of bars and crime and the impact of "adult businesses" on neighborhood deterioration. In the study, an "adult business" is one where alcohol is served (including restaurants) or a sexually oriented business (i.e. , saunas, adult theaters and bookstores, rap parlors, arcades, and bars with sexually oriented entertainment) . Census tracts were used as study areas and evaluated for housing values and crime rates. . Housing values were determined by the 1970 census compared to 1979 assessments_ Crime rates were compared for 1974-75 and 1979-80. The study in strictly empirical and reported in a formal statistic4l manner; therefore it is difficult for layman interpretation of the data. FINDINGS: The report concludes that concentrations of sexually cr=anted businesses have significant relationship to higher crime and lower property values. Other than statistical charts, no statements of actual crime reports or housing values are included in the report. Thus, the lay reader has only the most gerieralixed stataaents of how the comsittee interpreted the empirical data. RECOWKENDATIONS: First, that adult businesses be at least 1/10 anile (about 500 feet) f=pm residential areas. Second, that adult buzinesses should not be adjacent to each other cr even a different type at late night business (i.e. j. 24-hour laundreaat, movie theaters) . Third, that adult businesses should be in large cciarercial zones in various parts of the city (to aid police patrol and help separate adult businesses from residnntia1 neighborhoods) . The report said "policies which foster or supplement attitudes and activities that strengthen the qualities of the neigrbonccods are Bare likely to have desired impacts on trine and housing values than simple removal or restriction of adult businesses.* 4-11 LAND USE STUDY: CLEPEUND, OK DATE: AUGUST 24 , 1977 OVERVIEW: This police department report is taken from information given by Captain Delau participating in a panel discussion at the National Conference on the Blight of obscenity held in Cleveland July 28-29, 1977 . The topic was "The Impact of obscenity on the Total Community. " Crime statistics are included for 1976 robberies and rapes. .'areas evaluated were census tracts (204 in the whole city, 15 study tracts with sexually oriented. businesses) . At the time of the study, Cleveland had 26 pornography cutlets (8 movie houses and 18 bookstores vith peep shows) . Their location was not regulated by city zoning laws. FINDINGS: For 1976, study tracts had naarly double the number of robberies as the city as a whole (40.5 per study tract compared to 20.5 for other city trac-ts) . In one study tract with five sexually oriented businesses and 730 people, there were 136 robberies. In the city's largest tract (13 ,587 people, zero pornography outlets) there were. only 14 robberies. of the three tracts *.rith the -highest incidence 'of rape, twa had sexually oriented businesses and the third bordered a tract with two such businesses. In these three, there were 41 rapes in 1976 (14 per tract) , nearly seven times the city average of 2 . 4 rapes per census tract. CC%TCrZSI0HS: "Close scrutiny of the figures from the Data Processing Unit on any and every phase of the degree of crime as recorded by census tracts indicates much higher crime rate where the pornography outlets are located. " 4-12 LAND USE STUDY: ORUEOt{.A CITY, OK DATE: MARCH 3 . 1986 OVERVZe"'W: This study contains the results of a survey of 100 Oklahoma City Real Estate Appraisers. Appraisors were given a hypothetical situation and a section to comment on the effects of sexually oriented businesses in Oklahoma City. The hypothetical situation presented a residential neighborhood bordering an arterial street with various ca=ercial properties which served the area. A building vacated by a hardware store was soon to occupied by an "adult" bookstore. No other sexually or; businesses were in the area and no other vacant commercial space existed. with less than a one month response time, 34 completed surveys were received by the city. FINDINGS: 32-t of the respondents said that such a bookstore within one block of the residential area would decrease home values by at least 20%. Over-whe?-ningly, respondents said an "adult" bookstore Would negatively effect other businesses within one block (76%) . The level of depreciation is greater for residenc?s than businesses: T:':e negative effects on property values drop sharply when the sexually oriented business is at least three blocks away. In the subjective portion, 86; of the respondents noted a negative impact of sexually oriented 'businesses on Oklahoma City. Frequent problems cited by the appraisers included tte attraction of undes.4 ?-able clients and businesses, safety threats to residents and other shoppers (especially c.`:ildren) , deterrence of home sales and rentals, and imr,.ediate area deterioration (trash, debris, vandalism) . coNCT_ASIONS: Oklahcna Citv's findings supported results from other national studies and su_+-vevs. sexually oriented businesses have a negative effect on property values, particularly racident- properties. The ccncent_aticn of sexually oriented businesses may mean large losses in property values. 4-13 LAND USE STUDY: $Y-ARTLTA. TX DATE: SEPTEKHER 12 , 1977 OVERVIEW: This Planning Department report cites several sources including national news magazines, "adult business" ordinances from other cities, an American Society of Planning Of-ficials report and pertinent Supreme Court decisions. Lengthy explanation of the Miller test (with legal definitions) , discussion of Young v, American mini Theaters, and a comparison of the Boston and Detroit zoning models are included_ The city defined "adult. businesses" as taverns, lounges, lounges with semi-nude antartainment, and bookstores or theaters with publications featuring nudity and explicit sexual activities. At the time, Amarillo had 3 such theaters and 4 bookstores vith space for such . Pub!ications. i?NDINGS: The police depa=ttment provided an analysis shoving that areas of concentrated "adult only" businesses had 2 1/2 times the street crime as the city average. The Planning Department concluded that cancentrations of these businesses have detrimental effects on residential and commercial activities caused by _ 1) noise, lighting and traffic duri_*ig late night hours 2) increased oovortunity far street cri=es and 3) ' the tendency of citizens to avaid such 'business areas. Tra study noted that lack of zoning regulations would lead to concentrations of sexually or-_entad businesses (causing increased c;i=e) or =are such establishments locating near residential areas or family and juvenile oriented activity sites (churches, parks, etc. ) RECOF-114-MiDATIONS: 1) Adult businesses locate 1,000 faet from each other. Na recommended distance was specified from residential zones or Zanily/juvenile activities_ 2) City development of as a=ort=zaticn schedule and per=--it/licensing =eche-ni3m. 3) city regulation of signs and similar Ear=s of advertising_ a) vigorous enforcement of State Penal Code, especially relating to "Harmful to uinors. " 5) City amend=ents prohibiting minors from viewing or purchazing sexually oriented 'materials (enforced physical bar=lets) . 4-14 /� a LAND- USE STUDY: AQST?IZ, TX DATE: MAY 19 , 1986 cvERviEw: The report was the basis for developing an amendment to existing sexually oriented business ordinances. At the time, 49 such businesses operated in Austin, nosily bookstores, theaters, massage parlors and topless bars. The study examined crime rates, 2 property values, and trade area characteristics. x The report focused an sexually related crimes in four study areas 's (with sexually oriented businesses) and four control areas (close ? to study areas and similar) . T4ro at::dy areas had one Sexually oriented business and the others had two such businesses. To determine the effects of these businesses on ptaperty values, the city se _zt surveys to 1e0 real estate ane-raising or lending firs (nearly half responded) . For trade area chafe=oDse:-ved on businesses (a bookstore, theater and topless bar) a Weekend night to datarminn customer addresses. CRS • Sexually related crime ranged from •177-482% higher in-the four study areas than the city averece. In the two study areas contai-iing two sexually or_eated businesses, tre rata was 60� higher thaa in the s:_dy areas with one such busi.*sess. All control areas had crime rates near the city average. RZAL ESTATE: 8st said that a sexually oriented business within one block of a residential area dac=aasas tha value of the homes (33% said depreciation would be at least 20-1) . ResFondents also said such a business s a sign of neighborhood decline, raking underwriters hesitant . to aporeve the 90-95�% financing most home buyers; require. They said co=ercial property is also negatively effected by such businesses- TR ,� ,-, �ApAC':'SD_TST_TCS: Of 8'_ license plates traced far' owner address, only 3 lived within one mile of the sexually oriented business. 441 were from outside Austin. PXCeHItENDATICNS• 1) sexually oriented businesses should be linited to highway or regionally-oriented zone districts. 2) Businesses should be dispersed to avoid concentration. 3) Conditional use permits should. ba• required for these buai_':asses. 4-15 �� - C LAND USE STUDY: HOUSTON=- DATE: EgIBIMER 31983 OVERVIEW—. Report by the Committee on the proposed Regulation of Sexually Oriented Businesses determining the need and appropriate means of regulating suc:z businesses. Four public hearings provided testimony from residents, business owners, realtars, appraisers, police, and psychologists. The co=ittee and legal depar=sent then reviewed the transcriprs and drafted a proposed ordinance. Kora hearings obtained public aminion on the proposal and the ordinance was refined for vote by the City Council . _+ESTT�iONY: The testimony vas su:�ar=zed into six broad premises: (?) The rights of individuals were affirmed. (2) Sexually oriented businesses could exist with regulations that uinipize -:heir adverse effects. (3) The most' important negative effects were on neighborhood protaction, cormunity enhancement, and property values. (4) Problems increased when these bus.Lnesses were concentrated. (5) Such businesses contributed to criminal. activities.. (6) Enforcement of existing statutes was difficult. ORD=:iANCE: (1) Required permits _or sexually oriented businesses (non-refundable $390 application fee) _ (2) Oistanca requirements: 750 ft. f ran a churc:: or sc a01 ; 1, 000 .t. frac other such businesses ; 1, G00 ft. radius frcm an area of 753 residential concentration. (1) Aaorcizamion period of 6 me tits that could he extended by he city indefi.^.'_telt' an the basis. of evidence. (4) Revocation or permit _or employing minors (under 17) , blighting excericr appearance or signage, chronic criminal activity (3 canvic:`_ons) , and false permit •i.nforration. (5) Age restrictions for entry. 4-16 /�� O LAND USE STUDY: SEATTLE, wA DATE: MAECH 24 , 1999 OVERVIEW: The repay: concerns a proposed amendment to add topless dance halls to existing land use regulations for "adult entertainment establishments. " Seattle had eight such dance halls (termed "adult cabarets,T) , six established since 1987. The study relies on reports from a number of cities, including Indianapolis, Los Angeles, Phoenix, Austin. and Cleveland_ FINDINGS: The increased number of cabarets resulted in citizen complaints, includinq phone calls, lettars (from individuals and aerchants associations) , and several pati ions with hundreds of Si-1 gnatures. Protests cited decreased property values; increased i_xsurance rates; fears cf hurglary, vancaliaz, rape, assaults, drugs, and prostitution; and overrmil neighborhood deterioration. The raport notes that patrons of these cabaret-os most often are not residents of nearby neighbor:coda. Without com=unity identity, behavior is less inhibited, =ncreasad police calls to a business, sirens, and traffic hazards from pol'_ce and eaergency vehicles are not conducive to healthy business and residential environments. RECONDM*IDATIONS: Si:tce city zoning pcl'_cy is based an the cc-patibility of businesses, the =eoorz reccaaends that the cabarets lccate in the sZe zones as "adult _oticn picture theaters." This plan allcvs about 130 acres for such businesses to lccate thrcuchouz the city. 4-17 f i��l�il �� IIIIIIIIIIIIII�IIII�� I VIII atyofsn luis oBisp 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100 INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM 1 . Project Title: Adult Entertainment Businesses Ordinance 2. Lead Agency Name and Address: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 3. Contact Person and Phone Number: Ronald Whisenand, Development Review Manager (805) 781-7177 Cindy Clemens, Assistant City Attorney (805) 781-7140 4. Project Location: Citywide (Municipal Code Text Amendment) 5. Project Sponsor's Name and Address: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 6. General Plan Designation: N/A - Citywide 7. Zoning: N/A - Citywide The City of San Luis Obispo is committed to including the disabled in all of its services.programs and activities. Telecommunications Device for the Deaf(805)781-7410. /--6 8. Description of the Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. (Attach additional sheets if necessary) Adult Entertainment Regulations: Amendment to the City's Municipal Code to add Chapter 5.40 (or other appropriate chapter) regulating adult businesses. The ordinance will establish a purpose and intent for the regulations, a set of clear definitions, locational criteria, and design and performance standards for their operation. 9. Surrounding Land uses and Setting: (Briefly describe the project's surroundings) N/A - Citywide Municipal Code Text Amendment 10. Other public agencies whose approval is required (e.g. permits, financing approval, or participation agreement). N/A • z 5-2 �� ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Land use and Planning Biological Resources Aesthetics Population and Housing Energy and Mineral Cultural Resources Resources Geological Problems Hazards Recreation Water Noise Mandatory Findings of Significance Air Quality Public Services Transportation and Utilities and Service Circulation Systems DETERMINATION: (To be completed by the Lead Agency). On the basis of this initial evaluation. I find that the proposed project COULD NOT have a significant effect on the environment, and x a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATIVE NEGATIVE DECLARATION will be prepared. find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (1) have been analyzed in an earlier EIR pursuant to applicable standards and (2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. 3 S-3 /�V / September 6, 1995 Signatur Date Ronald Whisenand, Development Review Manager Arnold Jonas, Community Development Dir. Printed Name For EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e. g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e. g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 17, "Earlier Analysis," may be cross- referenced). 5) Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D). Earlier analyses are discussed in Section 17 at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 4 5-4 Issues and Supporting Information Sources sources Potentially Potentially less Than No Significant Significant Significant Impac, Issues Unless Impact Mitigation Incorporated 1. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? 1&2 X The proposed regulations would allow the establishment and operation of adult entertainment businesses (as defined in the ordinance) to be located in the Retail Commercial (C-R) and Tourist Commercial JC-T) zoning districts with certain locational and operational restrictions. Specifically, these establishments can not be located within 700 feet of a residential zoning district, religious institution, or school. In addition, certain design and performance standards will help ensure that the proposed activities will be compatible with surrounding land uses and businesses. These ordinance provisions are consistent with the purpose of the City's Zoning Regulations as contained in Section 17.02.020 and Community Goals contained in the City's Land Use Element of the General Plan (Goal Nos. 36 & 37). The retail and entertainment components of these businesses are also provided for in the City's land use regulations for the C-R and C-T districts. b) Conflict with app, .stile environmental plans or policies X adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land use in the vicinity? 3 X The ordinance contains several locational criteria setting forth minimum distances from sensitive uses and zone_ Specifically, adult businesses within the C-R and C-T zoning districts shall be located no closer than 700 feet from an adjoining residential zone, religious institution, or school. in addition, design and performance standards protect land use compatibility through appropriate control of signage, controlled access, screening of interior floor space, sound equipment, parking, lighting, and operational restrictions. The ordinance also specifies penalties for violation of the regulations. d) Affect agricultural resources or operations (e.g. impact to X soils or farmlands, or impacts from incompatible land uses)? e) Disrupt or divide the physical arrangement of an X established community (including a low-income or minority community)? 2. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population X projections? b) Induce substantial growth in an area either directly or X indirectly (e.g. through projects in an undeveloped area or major infrastructure? 5 5-5 ��/ Issues and Supporting Information Sources Sources Potentially Potentially Less Than No Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated c) Displace existing housing, especially affordable housing? X 3. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? X b) Seismic ground shaking? X c) Seismic ground failure, including liquefaction? X d) Seiche, tsunami, or volcanic hazard? X e) Landslides or mudflows? X f) Erosion, changes in topography or unstable soil conditions X from excavation, grading or fill? g) Subsidence of the land? X h) Expansive soils? X 1) Unique geologic or physical features? X 4. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate X and amount of surface runoff? b) Exposure of people or property to water related hazards X such as flooding? s 5-6 Issues and Supporting Information Sources Sources Potentially Potentially Less Than No Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated c) Discharge into surface waters or other alteration of X surface water quality (e.g. temperature, dissolved oxygen or turbidity? d) Changes in the amount of surface water in any water X body? e) Changes in currents, or the course or direction of water X movements? f) Change in the quantity of ground waters, either through X direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? g) Altered direction or rate of flow of groundwater? X h) Impacts to groundwater quality? X- 1) Substantial reduction in the amount of groundwater X otherwise available for public water supplies? 5. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an exiting X or projected air quality violation? b) Expose sensitive receptors to pollutants X c) Alter air movement, moisture, or temperature, or cause Fx any change in climate? d) Create objectionable odors? X 5-7 ��n Issues and Supporting Information Sources Sources Potentially Potentially Less Than No Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? x The new regulations will have no impacts on traffic or congestion. Adult businesses are retail or entertainment in nature, and are to be located in appropriately zoned areas. There will be no net change in traffic or circulation as a result of adoption of these regulations. b) Hazards to safety from design features (e.g. sharp curves x or dangerous intersections) or incompatible uses (e.g. farm equipment))? c) Inadequate emergency access or access to nearby uses? X d) Insufficient parking capacity on-site or off-site? x See response in item 6a above. e) Hazards or barriers for pedestrians or bicyclists? X f) Conflicts with adopted policies supporting alternative x transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts (e.g. compatibility X with San Luis Obispo Co. Airport Land Use Plan)? 7. BIOLOGICAL RESOURCES. Would the proposal result in: a) Endangered, threatened or rare species or their habitats x (including but not limited to plants, fish, insects, animals or birds)? b) Locally designated species (e.g. heritage trees)? x c) Locally designated natural communities (e.g. oak forest, x coastal habitat, etc.)? e 5-8 Issues and Supporting Information Sources Sources Potentially Potentially Less Than No Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated d) Wetland habitat (e.g. marsh, riparian and vernal pool? X e) Wildlife dispersal or migration corridors? X 8. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? X b) Use non-renewable resources in a wasteful and inefficient X manner? c) Result in the loss of availability of a known mineral X resource that would be of future value to the region and the residents of the State? 9. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous X substances (including, but not.limited to: oil, pesticides, chemicals or radiation)? b) Possible interference with an emergency response plan or T_X emergency evacuation plan? c) The creation of any health hazard or potential health X hazard? d) Exposure of people to existing sources of potential health X hazards? e) Increased fire hazard in areas with flammable brush, grass X of trees? 9 5-9 /—�� Issues and Supporting Information Sources Sources Potentially Potentially Less Than No Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated 10. NOISE. Would the proposal result in: a) Increase in existing noise levels? 3 x Adult businesses, with operational restrictions proposed in the ordinance, will not have any additional noise impacts on the C-R and C-Tzoning districts above those noise levels that are considered "normally acceptable"for these commercial areas. b) Exposure of people to severe noise levels? x 11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? x b) Police protection? x The operational restrictions and lighting standards will ensure that adult entertainment businesses will not result in significant increases in police services. c) Schools? x d) Maintenance of public facilities, including roads? x e) Other governmental services? x 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? x b) Communications systems? x c) Local or regional water treatment or distribution facilities? x d) Sewer or septic tanks? x 10 5-10 /i�/ Sources potentially potentially Less Than I Issues and Supporting Information Sources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated e) Storm water drainage? X f) Solid waste disposal? X g) Local or regional water supplies? X 13. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? X b) Have a demonstrable negative aesthetic effect? 3 X With the performance standards proposed in the ordinance, these retail business should have no significant negath, aesthetic effects on the City. Specifically, ordinance language is proposed to prohibit certain signs, advertisements, displays, or other promotional materials that could be considered offensive to the passing public. In addition, interior areas shall be screened in such a manner as to prevent views into the interior by the general public. c) Create light or glare? X 14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? X b) Disturb archaeological resources? X c) Affect historical resources? X d) Have the potential to cause a physical change which X would affect unique ethnic cultural values? e► Restrict existing religious or sacred uses within the X potential impact areal Issues and Supporting Information Sources Sources Potentially Potentially Less Than No Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated 15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or TX other recreational facilities? b) Affect existing recreational opportunities? X 16. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of 3 X the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? The project involves an amendment of the City's Municipal Code regulating adult businesses. No impact to the environment will result. These facilities will be located within areas determined to be appropriate from a land use stand point. b) Does the project have the potential to achieve short-term, X to the disadvantage of long-term, environmental goals? As discussed in this initial study, the project will have no environmental impacts (short or long term). c) Does the project have impacts that are individually limited, 3 X but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects) The project involves a Municipal Code text amendment regulating a specific type of retail/entertainment land use. These facilities will be located in areas already planned for retail and entertainment use. The proposed locational and operational restrictions will ensure land use compatibility. d) Does the project have environmental effects which will 3 X cause substantial adverse effects on human beings, either directly or indirectly? 72 5-12 7��3 Issues and Supporting Information Sources Sources Potentially Potentially Less Than No Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated As discussed above, the locational criteria and performance standards will help ensure that these establishments are located and operated so as to not create substantial adverse impacts to human beings. 17. EARLIER ANALYSES. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (3) (D). In this case a discussion should identify the following items: a) Earlier analysis used. Identify earlier analyses and state where they are available for review. N/A b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. N/A c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions of the project. The ordinance as drafted, involves no impacts to be mitigated. Authority: Public Resources Code Sections 21083 and 21087. Reference: Public Resources Code Sections 21080 (c), 21080.1, 21080.3, 21082.1, 21083, 21083.3, 21093, 321094, 21151; Sundstrom v. County of Mendocino, 202 Cal. App. 3d 296 (1988); Leonofff v. Monterey Board of Supervisors, 222 Cal. App. 3d 1337 (1990). 18. SOURCE REFERENCES 1 Zoning Regulations Sec. No. 17.02.020 2 City of San Luis Obispo General Plan Land Use Element, Community Goal Nos. 36 and 37 (pg. 9) 3 Draft Adult Entertainment Businesses Ordinance 13 5-13 /�� Draft City of San Luis Obispo Planning Commission Meeting October 11, 1995 CALL TO ORDER/PLEDGE OF ALLEGIANCE: The regular meeting of the San Luis Obispo Planning Commission was called to order on Wednesday, October 11, 1995, at 7:00 PM. ROLL CALL: Present: Commrs. Brett Cross, Janet Kourakis, Paul Ready, Charles Senn, Mary Whittlesey, Barry Karleskint Absent: Commrs. Gilbert Hoffman and Paul Ready Staff Present: Development Review Manager, Ron Whisenand, Associate Planner, Whitney McIlvaine, Assistant City Attorney, Cindy Clemens, and Jeff Jorgengsen, City Attorney. ACCEPTANCE OF AGENDA: The agenda was accepted as printed. PUBLIC COMMENTS: NON-AGENDA ITEMS No public comments were made. PUBLIC HEARING: 1. City-Wide: (TA/ER 121-95): Municipal Code Text Amendment to develop amended adult entertainment regulations, City of San Luis, applicant. Assistant City Attorney Cindy Clemens presented the staff report. Commissioner Senn stated that Attachment 3, Table 9, the matrix reads this is permitted in the C-C and C-T Zones. This should be corrected to read the C-R and C-T Zones. Commissioner Senn questioned staff regarding the parking requirements. Development Review Manager, Whisenand stated if the proposed business will be a book store, it will have the same parking requirements as a regular book store. No special parking requirements will be needed for adult entertainment businesses. Attachment 6 6-1 /, 75� Planning Commission Meeting' October 11, 1995 Page 2 Assistant City Attorney Clemens referred the Commission to Page 6 of the proposed Ordinance, the Design and Performance Standards, Section 17.95.040. Commissioner Cross questioned the staff regarding the matrix and the Director's approval for Bars, Taverns, and Night Clubs. Assistant City Attorney Clemens stated that "see Chapter 5.4" will have to be deleted because it refers to the old ordinance PUBLIC COMMENTS: No public comments were made. COMNIISSIONEWS COMMENTS: Commissioner Cross expressed concerns regarding the creation of a red-light district. He stated it seems strange to put these businesses in areas where motels are nearby. Commissioner Whittlesey thanked the staff for a very thorough report. Chairman Karleskint stated we must preserve the quality of life and the safety and welfare in our city. He is in support of the ordinance. Chairman Karleskint thanked the staff for their report. City Attorney Jorgensen thanked Cindy Clemens for the excellent analysis and the hard work she put into the staff report. Commissioner Senn made a motion to recommend that the City Council adopt the Ordinance adding Municipal Code Chapter 17.95 as amended by the Commission, Amending Table 9 of the Zoning Regulations,Adopting the Negative Declaration of Environmental Impacts, and Repealing the Interim Moratorium Imposed in Ordinance No. 1281. The motion was seconded by Chairman Karleskint. AYES: Commissioners Kourakis, Senn, Cross, Whittlesey, and Chairman Karleskint. NOES: None. ABSENT: Commissioners Hoffman and Ready 6-2 R 1 r / VId I NORTH AREA ENLARGED ON MAP 2 MAP 1 " •\ sdnx i \ i \✓ i i v 4 i i .• i i r i � r i i r w r i a r � o m Iwo 20M 3DW r / i o 1/2 •. ADULT ENTERTAINMENT ZONES MAP 2