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HomeMy WebLinkAboutZCA 06-02; Adult Business Ordinance; Zone Code Amendment (ZCA)The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: July 15, 2009 Application complete date: N/A Project Planner: Kevin Pointer Project Engineer: N/A SUBJECT: ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES QRDINANCE-Staff requests that the Planning Commission recommend to City Council approval of a Zone Code Amendment and Local Coastal Program Amendment to amend Title 21 of the Carlsbad Municipal Code by: 1) amending Chapter 21.06 to exempt adult businesses from Chapter 21.06 (Q Qualified Development Overlay Zone); 2) amending Chapters 21.30, 21.32 and 21.34 to add adult businesses to the list of permitted uses in Chapters 21.30 (C-M Heavy Commercial—Limited Industrial Zone), 21.32 (M Industrial Zone, and 21.34 (P-M Planned Industrial Zone); 3) repealing and reenacting Chapter 21.43 (Adult Entertainment) to amend the definitions and location requirements for adult businesses; and 4) amending Chapter 21.44 (Parking) by revising the joint use parking provisions. I.RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6609 RECOMMENDING APPROVAL of a Zone Code Amendment (ZCA 06-02) and Local Coastal Program Amendment (LCPA 06-04) based on the findings contained therein. II.INTRODUCTION This proposal consists of a City-initiated Zone Code Amendment (ZCA) and Local Coastal Program Amendment (LCPA) to amend regulations in the Zoning Ordinance pertaining to adult businesses to ensure consistency with case law applicable to such businesses. Although the conduct of adult businesses is generally protected by the First Amendment of the United States Constitution, the United States Supreme Court has upheld the ability for jurisdictions to enact reasonable standards that regulate the time, manner, and location of adult businesses in order to address the secondary effects associated with such businesses. The judicially recognized secondary effects in the vicinity of adult businesses include, but are not limited to 1) decreases in property values; 2) increases in vacancies in residential and commercial areas; 3) increases in crime, litter, noise, and vandalism; and 4) deterioration of neighborhoods. The First Amendment protection of certain adult businesses (such as nude dancing clubs, adult videos and adult bookstores) precludes a city from completely prohibiting such adult businesses. However, a city can regulate where adult businesses are permitted, so long as it can demonstrate that reasonable opportunities exist for adult businesses to locate within the general commercial market. It is also important to insure that any permitting provisions have sufficiently tight criteria that restrict the City's discretion in regard to permitting an adult business. The permitting criteria for adult businesses must be able to withstand a legal challenge that alleges ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE July 15, 2009 PaRe2 the criteria give the City unbridled discretion to reject applications due to the unpopular nature of the proposed adult business. Adult businesses are permitted in certain zones as discussed later in this report (provided the use complies with the City's location and operational requirements), and can be established with the approval of an adult business license issued by the City's Police Department as set forth in Chapter 8.60 of the Carlsbad Municipal Code, "Adult Business Licenses and Operating Regulations." These permitting provisions were updated in July 2005 and provide state of the art regulations for various adult businesses. To ensure that the City's adult business regulations comply with the most recent case law, the proposed amendments were prepared in consultation with outside legal counsel with special expertise in the area of adult business use regulation. III. PROJECT DESCRIPTION AND BACKGROUND Project Description The project consists of amendments to the Zoning Ordinance to satisfy the following project objectives: 1. Ensure consistency with evolving case law pertaining to the regulation of adult businesses. 2. Ensure consistency with the adult business operational and licensing regulations within Title 8 of the Municipal Code. The amendments are summarized as follows: 1. Amend Zoning Ordinance Chapter 21.43 Adult Entertainment, as follows: a. Repeal definitions and sign standards applicable to the operation of adult businesses. Chapter 8.60 of the Municipal Code contains definitions, regulations, and licensing requirements for the operation of adult businesses. b. Make minor amendments to the location requirements for adult businesses. 2. Amend various sections of the Zoning Ordinance to ensure that the establishment of an adult business does not require discretionary action by the City. 3. Add "Adult Businesses" as a permitted use in the "Permitted Uses" tables of Zoning Ordinance Chapters 21.30 (C-M Zone), 21.32 (M Zone), and 21.34 (P-M Zone). Note: Adult businesses are currently permitted in these zones (as specified in Chapter 21.43 Adult Entertainment); this amendment simply adds the use to the use tables in the C-M, M, and P-M Zone chapters. ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE July 15, 2009 Page 3 Because the Zoning Ordinance is the implementing ordinance for the Local Coastal Program (LCP), a LCP amendment is necessary. However, no portion of the LCP land use plan document is being amended. Background The majority of the proposed amendments consist of amendments to Zoning Ordinance Chapter 21.43 Adult Entertainment, the primary purpose of which is to regulate the location of adult businesses. Currently, Chapter 21.43: 1) identifies definitions for terms relating to adult businesses; 2) provides sign standards for adult businesses; and 3) specifies criteria for the location of these businesses (such as establishing zones where adult businesses are permitted, and minimum spacing/proximity requirements from other uses and between adult uses). The City has not updated the standards that regulate the location of adult businesses since 1979 (such standards are located in Zoning-Ordinance Chapter 21.43 Adult Entertainment). However, the City's regulations for the operation and licensing of adult businesses were updated in July 2005, when the City Council adopted urgency ordinance NS-761, which repealed the operational and licensing requirements from Chapter 21.43 and established updated operational/licensing requirements in Municipal Code Chapters 8.60 and 8.70. The proposed amendments will now update the corresponding location requirements for adult businesses and other related provisions of the Zoning Ordinance. IV. ANALYSIS The recommendation for approval of this proposal was developed by performing analysis of the following: A. Legal Framework for Establishing Location Requirements for Adult Businesses B. Zoning Ordinance Text Changes • Amendments to location requirements for adult uses • Amendments to ensure no discretionary action by the City will be required in relation to the establishment of adult businesses • Add definitions and delete redundant definitions and standards applicable to adult businesses C. Consistency with the General Plan, Zoning Ordinance and Local Coastal Program A. Legal Framework for Establishing Location Requirements for Adult Businesses There are two generally accepted approaches to regulating the location of adult businesses: (1) the "dispersal" method, and (2) the "concentration" method. With the dispersal method adult businesses are buffered a set distance from various sensitive land uses (i.e., parks, schools, churches, day care centers, residential zones) and from other adult uses. With the concentration method adult uses are all located in one area such as what is known as the "combat zone" in Boston. The City's existing and proposed location requirements for adult businesses are based on the dispersal method. ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE July 15, 2009 Page 4 There is no "mathematical formula" or set "litmus test" established by the courts for cities to use when creating location requirements and determining the number of sites that must be available for adult businesses. Rather, the courts have created a legal fiction and examine a mix of factors to determine whether a city provides a reasonable opportunity for adult businesses to locate within the commercial market. The issue is examined by the courts on a case by case basis, looking at the particular land use and demographic characteristics of the community. Carlsbad's land use and demographic characteristics were a factor in determining a reasonable number of sites where adult businesses could locate. Carlsbad is a small community with a population estimated at 104,652 (as of January 1, 2009). The City's General Plan Map and Zoning Map designate all parcels of land within the City for some type of use - such as residential, open space, industrial, or commercial. The main types of land uses in the City are approximately broken down as follows: 42% residential, 35% open space, 10% industrial and 5% commercial. Once the city is built out, approximately 40% of the city will be preserved as open space. In addition, the total vacancy rate for industrial, office and retail space within the City for the first quarter of 2009 was approximately 19% (approximate vacancy rates by use: industrial-16%; office-28%; retail-19%). In regard to providing a reasonable opportunity for adult businesses to locate within the commercial market, the Ninth Circuit in Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524 (9th Cir. 1993) established criteria for determining whether sites are actually available in the "relevant commercial market" by examining if: • There is a genuine possibility that the site is potentially available. In other words, is it reasonable "to believe that [the site] would ever become available to any commercial enterprise?" • If the sites are in manufacturing zones, are they reasonably accessible to the general public? • If the sites are in manufacturing zones, do they have proper infrastructure such as sidewalks, roads and lighting? • If the sites are in manufacturing zones, can they serve a generic commercial purpose such as retail or places of assembly? • The sites are commercially zoned. The court in Topanga Press rejected Los Angeles' attempt to include sites that were clearly unavailable, such as areas under water, landfills and airport sites. Other examples of unavailable sites include lands used for large warehouses, lands that are part of a sewage treatment facility, lands that are part of an existing hospital, and large oil refineries. To avoid the pitfalls of Topanga Press, the proposed location requirements for adult businesses exclude any sites that are outside of the "relevant commercial market." Further, staff has reviewed the various Topanga criteria and determined that all sites where an adult business is permitted (C-M, M, and P-M zoned sites) meet the Topanga criteria. ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE July 15, 2009 Page5 Due to the physical and land use constraints of Carlsbad, the proposed location requirements for adult businesses include a 1000 foot separation requirement between adult businesses and certain sensitive uses (i.e., schools, parks, churches, day care centers, and residential zones). In addition, after touring the entire City and analyzing the various available zones and potential distance from sensitive uses, staff recommends that adult businesses be allowed only in the C-M (Heavy Commercial-Limited Industrial), M (Industrial), and P-M (Planned Industrial) zones. The proposed location requirements are discussed further in Section IV.B of this report. The proposed location requirements result in a total of approximately 52 separate available sites for adult businesses in the City, with an average site area of approximately 182,952 square feet. All of these sites are located within the recommended permissible zoning districts. Moreover, the proposed location requirements do not unreasonably restrict the establishment or operation of constitutionally protected adult businesses in Carlsbad, and a sufficient and reasonable number of alternative locations for adult businesses are provided by the City of Carlsbad. The United States Supreme Court decision in City of Renton v. Playtime Theaters, Inc., 475 U.S. 41, 106 S.Ct. 925 (1986) requires that the City provide adult businesses a reasonable opportunity to open and operate. The Ninth Circuit decisions in Topanga Press, Lim v. City of Long Beach, 217 F.3d 1050 (9th Cir. 2000), cert, denied 531 U.S. 1191 (2001), and Isbell v. City of San Diego, 258 F.3d 1108 (9th Cir. 2001) with respect to availability of sites for adult businesses support a finding that there are sufficient sites available for adult businesses within the City. Thus, under the locational and zoning provisions at play in Carlsbad, the criteria set forth above provide a reasonable range of available sites. B. Zoning Ordinance Text Changes !_. Amend the location requirements for adult businesses. a. Distance (Buffer) Requirements for Adult Businesses. Existing regulations establish that adult businesses are permitted in certain zones (as discussed later in this report); however, such businesses are prohibited from locating at properties that are within 1,000 feet of other properties containing specific "sensitive" uses, or another adult business. The proposed amendments maintain the existing 1,000 foot buffer requirement, but amend the list of "sensitive" uses from which adult businesses must be buffered. As recommended by the City's legal counsel, the list of "sensitive uses" has been amended to include only the uses that have been found by the courts to require protection from the secondary effects of adult businesses. Table A, below, lists those proposed uses to which the 1,000 foot buffer will apply. Table B, below, contains the current list of uses to which the buffer requirements apply. In both tables, the sensitive uses specifically sanctioned by the courts are indicated in italic text. None of the uses that are recommended to be removed from the list are currently located within 1,000 feet of property that would allow for adult business uses. ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE July 15, 2009 Page 6 TABLE A - PROPOSED BUFFER REQUIREMENTS Buffer Distance 1,000 feet Uses Other adult businesses; Child day care centers; Parks; Religious institutions/places of worship; Residential land use designations; Residential zones; and, Schools TABLE B - EXISTING BUFFER REQUIREMENTS Buffer Distances 1,000 feet 500 feet Uses Other adult entertainment establishment Residential zones Amusement parks Camps (for children's activity) Churches or other similar religious facilities Child care facilities Community centers Museums Parks (including public beaches) Playgrounds (note: although "playgrounds " are not one of the proposed uses that the buffer applies to, playgrounds are part of schools or parks, which are subject to the buffer requirements) Schools Bars/cocktail lounges Convalescent homes Courthouses (or other public building utilized on a consistent basis by the public Hospitals Nursing homes Retirement hotels Sanitariums Senior citizen activity centers b. Zones where Adult Businesses are Permitted. The existing Adult Entertainment Ordinance (Chapter 21.43) currently specifies that adult businesses are permitted within the following zones: C-l (Neighborhood Commercial), C-2 (General Commercial), C-M (Heavy Commercial-Limited Industrial), M (Industrial), P-M (Planned Industrial) and P-U (Public Utility). The amendments propose to no longer permit adult businesses in the C-l, C-2, and P-U Zones. Although this is technically a reduction in the number of zones where adult businesses would be permitted, it does not reduce the number of ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE July 15,2009 Page? properties (with the exception of one site) where adult businesses could locate. The C-l, C-2, and PU zones are applied to a minimal number of sites within the City and those sites are either subject to specific plans that prohibit adult businesses, or are within the 1,000 foot buffer from sensitive uses. c. Inserting "adult businesses" into "permitted uses" tables of the C-M, M, and P-M Zones. As stated above, the existing Adult Entertainment Ordinance (Chapter 21.43) specifies the zones where adult businesses are permitted. However, "adult businesses" are not specifically listed in the "permitted uses" tables of each zone chapter where the use is currently permitted. To ensure that it is clear where adult businesses are permitted, and to ensure consistency among the various chapters of the Zoning Ordinance, staff recommends that "adult businesses" be specifically listed as a permitted use in the "permitted uses" tables of Zoning Ordinance Chapters 21.30 (C-M Zone), 21.32 (M Zone), and 21.34 (P-M Zone). 2. Amendments to ensure no discretionary action are required in relation to the establishment of adult businesses. a. Repeal of Note 2 of Table A in Zoning Ordinance Section 21.32.010 ("permitted uses" table for the M Zone). The existing "permitted uses" table for the M Zone indicates uses that are either considered a "permitted" use, "conditionally permitted" use, or an "accessory" use. The key for this table indicates that all "permitted" uses are subject to a "note 2" that reads, "any use that is found to be objectionable or incompatible with the character of the city and its environs due to noise, dust, odors or other undesirable characteristics may be prohibited." This note essentially provides the City with a similar discretion over "permitted" uses as it has over "conditionally permitted" uses. Staff recommends that "note 2" be repealed for the following reasons: i. "Adult businesses" are proposed to be listed as a "permitted" use in the "permitted uses" table of the M Zone. As discussed in the "Introduction" section of this report, the City cannot have unbridled discretion in regard to whether or not a particular adult business is permitted (such as the type of discretion generally allowed in the standard criteria for a conditional use permit). (See Dease v. City of Anaheim, 826 F.Supp. 336 (C.D. Cal. 1993).) Therefore, "note 2" cannot be applied to adult businesses. It is important to note that any adult business must comply with the requirements of Chapter 21.43 (location requirements) and Chapter 8.60 (operational/licensing requirements), which are intended to prevent the secondary effects of adult businesses. ii. In addition to adult businesses, "note 2" should not be applicable to any "permitted" use. If a use is "permitted" it is permitted by right; so long as the use complies with applicable adopted policies and regulations. The City does not have the discretion to prohibit a "permitted" use, and therefore, "permitted" uses are those that typically do not have objectionable characteristics. The uses that have the potential to have "objectionable or incompatible" characteristics due to noise, dust, odors, etc., are identified as "conditionally permitted" uses. ZCA 06-02/LCPA 06-04 -ADULT BUSINESSES ORDINANCE July 15, 2009 PageS b. Clarify that the Q Qualified Development Overlay Zone is not applicable to adult businesses. The Q Qualified Development Overlay Zone (Q zone) is a zone that is applied to various properties throughout the city as a supplement to the primary (underlying) zone of the property. The Q zone requires the discretionary review and approval of a site development plan for any use permitted by the underlying zone. Since the City cannot exercise unbridled discretion in regard to whether or not an adult business is permitted, provided the use complies with all location, operational and licensing requirements, staff recommends that language be added to Chapter 21.06 (Q Zone) to provide a requirement that the provisions of the Q zone shall not apply to adult businesses. c. Repeal of discretionary review requirement for joint use parking. Existing provisions within the Parking Chapter (Chapter 21.44) allow the joint use of parking facilities for uses with differing primary hours of operation (for example, a use that operates primarily during the daytime can share a portion of the same parking facilities with a use that operates primarily during the nighttime). Requests for joint use of parking facilities must comply with specified criteria, including a requirement that the parking facility be within 150 feet of the joint users, that there is no conflict in the principal operating hours of the joint users, and that the parties involved record a legal agreement that ensures compliance with the City's requirements. Chapter 21.44 currently requires the Planning Commission's discretionary review and approval of joint use parking facilities. For the reasons discussed below, staff recommends that joint use parking facilities no longer require discretionary approval by the Planning Commission, but rather, be permitted based on an applicant demonstrating compliance with specified criteria. i. Adult businesses are permitted in the industrial zones, which are comprised primarily of daytime uses. Because some adult businesses operate primarily during the nighttime, it is possible that joint use of parking facilities could be approved between an adult business (nighttime use) and another use that operates primarily during the daytime. Chapter 21.44 currently provides that the Planning Commission has the discretion to approve or deny a joint use parking request. Since the City is not able to exercise unbridled discretion in regard to adult businesses, staff is recommending that the existing provision be repealed and instead provide that if an adult business can provide sufficient parking through the joint use of parking facilities and the minimum criteria are met, then joint use of parking facilities should be allowed. ii. Additionally, the regulations that currently apply to joint use parking facilities ensure that adequate parking is provided. Staff recommends that Planning Commission approval not be required for joint use of parking facilities by any use, provided all requirements are met. As proposed, all requests for the joint use of parking facilities will be subject to administrative evaluation by the Planning Director for conformity with joint use parking standards/criteria. 3. Add definitions and repeal redundant definitions and standards applicable to adult businesses. ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE July 15, 2009 Page 9 a. Repeal of definitions for adult businesses. The amendments propose to add definitions to Zoning Ordinance Chapter 21.43 that define the "sensitive" uses to which the 1,000 foot buffer applies (i.e. "child daycare centers", "parks", religious institutions", etc.). Chapter 21.43 currently contains definitions that are applicable to the operation of adult businesses, and those definitions are also contained in Municipal Code Chapter 8.60. Municipal Code Chapter 8.60 includes definitions and regulations for the operation and licensing of adult businesses. To eliminate redundancy, the amendment proposes to repeal the definitions in Chapter 21.43 that are found in Chapter 8.60. To maintain internal consistency within titles of the Municipal Code, staff proposes to provide reference in Chapter 21.43 to those terms related to adult businesses that are defined within Chapter 8.60. b. Repeal of redundant sign standards. Chapter 21.43 currently contains sign standards for adult businesses, which prohibit the display of adult material that is visible from any public street. Chapter 8.60 contains similar sign regulations, which prohibit the display of any adult material that is visible from any location other than within the confines of the adult business. To.eliminate redundancy and maintain consistency, it is proposed that the sign regulations in Chapter 21.43 be repealed. C. Consistency with the General Plan, Municipal Code and Local Coastal Program The primary purpose of the proposed Zone Code/Local Coastal Program Amendment is to ensure consistency with case law that is applicable to adult businesses. The proposed amendments will not result in any inconsistencies with the goals, objectives, policies or programs of the General Plan, or other provisions of the Municipal Code and Local Coastal Program not being amended. The proposed amendments are consistent with General Plan Land Use Element - Overall Land Use Pattern - Policy C.I, which is to "arrange land uses so that they preserve community identity and are orderly, functionally efficient, healthful, convenient to the public and aesthetically pleasing." The amendments propose minor amendments to the location requirements for adult businesses, which are intended to mitigate and reduce the judicially recognized secondary effects of adult businesses. By mitigating/reducing the secondary effects of adult businesses, the location requirements for adult businesses protect the quality of life and character of the community, and ensure the protection of the community's health and welfare. Additionally, the proposed amendments are consistent with General Plan Public Safety Element - Crime Prevention - Objective B.4, which is, "to encourage crime prevention through the planning process by establishing specific design criteria and standards to be used in the review of land use development." Increases in crime are one of the judicially recognized secondary effects of adult businesses; however, the proposed amendments will assist in crime prevention through the planning process by establishing location requirements to minimize the potential for crime associated with adult businesses. The proposed amendments are also consistent with the Municipal Code in that it ensures consistency between Chapter 21.43 and Chapter 8.60, and does not conflict with any sections of the Code not being amended. ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE July 15, 2009 Page 10 With regard to consistency with the Local Coastal Program, the Zoning Ordinance is the implementing ordinance for the Local Coastal Program (LCP). The LCP amendment is necessary to ensure that the Zoning Ordinance and LCP are consistent. V. ENVIRONMENTAL REVIEW The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(b)(3), which exempts projects, "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." The proposed amendments are minor in nature in that they clarify existing location requirements, do not add any new zones to the allowable locations for adult businesses, and no specific projects or developments are being proposed, which will not result in a significant effect on the environment. A notice of exemption will be filed with the County Clerk upon approval of the project. ATTACHMENTS: 1. Planning Commission Resolution No. 6609 (ZCA/LCPA) 2. Exhibit "Y1-Y6" strikeout and bold/underline version of the proposed Zoning Ordinance text amendments 3. Index of all reports, cases and studies in support of ordinance EXHIBIT Y1 ZCA 06-02/LCPA 06-04 -ADULT BUSINESSES ORDINANCE STRIKE OUT/BOLD-UNDERLINE VERSION OF AMENDMENTS TO: ZONING ORDINANCE CHAPTER 21.06 (Q QUALIFIED DEVELOPMENT OVERLAY ZONE) Section 21.06.015 of the Zoning Ordinance Chapter 21.06 is proposed to be amended as follows: 21.06.015 Application of Q zone. A. It is intended that the Q zone be placed on properties with unique circumstances. Examples of situations that are considered unique include but are not limited to the following: (1.) Special treatment areas as indicated in the general plan; (2.) Commercial zones that are in close proximity and relationship with residentially zoned properties; (3.) Property proposed to be developed within a floodplain; (4.) Property proposed to be developed as hillside development or other physically sensitive areas; (5.) Property where development could be detrimental to the environment, or the health, safety and general welfare of the public. B. The requirements of this Chapter shall not apply to adult businesses that are located on properties in the O zone. EXHIBIT Y2 ZCA 06-02/LCPA 06-04 -ADULT BUSINESSES ORDINANCE STRIKE OUT/BOLD-UNDERLINE VERSION OF AMENDMENTS TO: ZONING ORDINANCE CHAPTER 21.30 (C-M HEAVY COMMERCIAL-LIMITED INDUSTRIAL ZONE) Section 21.30.010 (Table A) of Zoning Ordinance Chapter 21.30 is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code. "P" indicates use is permitted. "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning commission hearing process 3 = City council hearing process "ACC" indicates use is permitted as an accessory use. USE Adult businesses (subject to Chapter 21.43 of this title, and Chapter 8.60 of CMC Title 8) Agricultural farm worker housing (temporary) (subject to Section 21.42.140(B)(2)) Airports Alcoholic treatment centers Amusement parks Any use permitted in other commercial zones is permitted in the C-M zone, with exceptions as set out in note 1, below Aquaculture (defined: Section 21.04.036) Arcades -- coin-operated (subject to Section 2 1.42.1 40(B)( 15)) (defined: Section 21.04.091) Assembly of electrical appliances such as: (A) electronic instruments and devices, (B) radios and phonographs, including manufacture of small parts, such as coils Auction houses or stores Auto storage/impound yards (i.e., 'overnight product storage) Biological habitat preserve (subject to Section 21.42. 140(B)(30)) (defined: Section 21.04.048) Boat building (limited to those craft which may be transported over a state highway without permit) Body and fender works, including painting Book printing and publishing Bookbinding Bowling alley (subject to Section 21.42.140(B)(35)) (defined: Section 21.04.057) Building material storage yards Cabinet shops Campsites (overnight) (subject to Section 2 1.42.1 40(B)(40)) Carpet cleaning plants Cemeteries Ceramic products, manufacture of, including figurines, using only previously pulverized clay and kilns fired only by electricity or low pressure gas Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) Churches, synagogues, temples, convents, monasteries, and other places of worship P X X X X X X X X X X X X CUP 3 3 2 3 2 1 2 2 2 2 3 2 2 ACC EXHIBITY2 ZCA 06-02/LCPA 06-04 -ADULT BUSINESSES ORDINANCE STRIKE OUT/BOLD-UNDERLINE VERSION OF AMENDMENTS TO: ZONING ORDINANCE CHAPTER 21.30 (C-M HEAVY COMMERCIAL-LIMITED INDUSTRIAL ZONE) USE Cleaning and dyeing plants Columbariums, crematories, and mausoleums (not within a cemetery) Delicatessen (defined: Section 21.04.106) Drive-thru facilities (not restaurants) Dwelling on the same lot on which a factory is located when such dwelling is used exclusively by a caretaker or superintendent of such factory and his family. When such dwelling is established, all required yards in the R-3 zone shall be maintained Educational institutions or schools, public/private (defined: Section 21.04.140) Fairgrounds Feed and fuel yards Frozen food lockers Gas stations, subject to Section 2I.42.140(B)(65) Glass studios, staining, edging, beveling and silvering in connection with sale of mirrors and glass for decorating purposes Golf courses Greenhouses > 2,000 square feet (subject to Section 21.42.140(B)(70)) Hazardous waste facility (subject to Section 21.42.140(B)(75)) (defined: Section 21.04.167) Hospital, industrial emergency (not full hospital or mental hospital) Kennels Laboratories, experimental, motion picture, testing Laundries Lumber yards (no planing mills and burners) Machine shops Mini-warehouses/self storage Mobile buildings (subject to Section 21.42.140(B)(90)) (defined: Section 21.04.265) Mortuaries Musical instruments, manufacture of Newspaper/periodical printing and publishing Oil and gas facilities (on-shore) (subject to Section 2 1.42.1 40(B)(95)) Packing/sorting sheds > 600 square feet (subject to Section 21.42.140(B)(70)) Parcel service delivery Parking facilities (primary use) (i.e., day use, short-term, nonstorage) Pawnshops (subject to Section 21.42.140(B)(105)) Plumbing shops and plumbing shop supply yards Pool halls, billiard parlors (subject to Section 21 .42.140(B)(1 10)) (defined: Section 21.04.292) Public scales Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Section 21.04.297) Racetracks Radio/television/microwave/broadcast station/tower Recreation facilities Recreational vehicle storage (subject to Section 21. 42.140(8)0 20)) (defined: Section 21.04.299) Recycling collection facilities, large (subject to Chapter 21.105) (defined: Section 21.105.015) Recycling collection facilities, small (subject to Chapter 21.105) (defined: Section 21.105.015) Recycling process/transfer facility Restaurants (bona fide public eating establishment) (defined: Section 21.04.056) Satellite antennae (>1 per use) (defined: Section 21.04.302) Satellite television antennae subject to the provisions of Section 21.53.130 of this code Sheet metal shops Signs subject to the provisions of Chapter 21 .41 Stadiums Tattoo parlors (subject to Section 21.42.140(B)(140)) Theaters (motion picture or live) -- indoor Thrift shops (subject to Section 21.42.140(B)(150)) Tire rebuilding, recapping and retreading P X X X X X X X X X X X X X X X X X X X CUP 2 2 2 3 2 2 1 3 2 2 2 2 2 3 1 1 3 2 2 2 2 2 1 1 1 2 2 1 3 3 2 2 ACC EXHIBIT Y2 ZCA 06-02/LCPA 06-04 -ADULT BUSINESSES ORDINANCE STRIKE OUT/BOLD-UNDERLINE VERSION OF AMENDMENTS TO: ZONING ORDINANCE CHAPTER 21.30 (C-M HEAVY COMMERCIAL-LIMITED INDUSTRIAL ZONE) USE Transit passenger terminals (bus and train) Transit storage (ex. rolling stock) Veterinary clinic/animal hospital (small animals) (defined: Section 21.04.378) Wholesale businesses, storage buildings and warehouses Windmills (exceeding height limit of zone) (subject to Section 21.42.140(B)(160)) Wireless communications facilities (subject to Section 21.42.140(B)(165)) (defined: Section 21.04.379) Zoos (private) (subject to Section 2 1.42.1 40(B)( 170)) (defined: Section 21.04.400) P X CUP 2 ' 2 1 2 1/2 2 ACC Notes: 1. Any use permitted in the commercial zones is allowed in the C-M zone, except: (A) Hotels, motels and auto courts, (B) Hospitals (however, industrial emergency hospitals are permitted), (C) Residential care facilities, (D) Professional care facilities, (E) Private clubs, fraternities, sororities and lodges, excepting those the chief activity of which is a service customarily carried on as a business, (F) Institutions of a philanthropic or eleemosynary nature, including correctional and mental. EXHIBIT Y3 ZCA 06-02/LCPA 06-04 -ADULT BUSINESSES ORDINANCE STRIKE OUT/BOLD-UNDERLINE VERSION OF AMENDMENTS TO: ZONING ORDINANCE CHAPTER 21.32 (M INDUSTRIAL ZONE) Section 21.32.010 (Table A) of Zoning Ordinance Chapter 21.32 is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted (however, see note 2, below). "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning commission hearing process 3 = City council hearing process "ACC" indicates use is permitted as an accessory use. USE Adult businesses (subject to Chapter 21.43 of this title, and Chapter 8.60 of CMC Title 8) Agricultural farm worker housing (temporary) (subject to Section 21 .42. 140(B)(2)) Airports Alcoholic treatment centers Any industrial use not specifically permitted herein must be reviewed as provided in Chapter 21.42 for a conditional use permit in order to locate industry in its proper and available location in the region and prevent conflict with the high degree of residential development existing in and around the city Aquaculture (defined: Section 21.04.036) Auto storage/impound yards (i.e., overnight product storage) Auto wrecking yards (defined: Section 21.04.040) Automobile painting. All painting, sanding and baking shall be conducted wholly within a building Bakeries Biological habitat preserve (subject to Section 21.42.140(B)(30)) (defined: Section 21.04.048) Body and fender works, including painting Book printing and publishing Bookbinding Bottling plants Breweries Campsites (overnight) (subject to Section 2 1.42.1 40(B)(40)) Cemeteries Churches, synagogues, temples, convents, monasteries, and other places of worship Columbariums, crematories, and mausoleums (not within a cemetery) Creameries Dairy products manufacture •Delicatessen (defined: Section 21.04.106) Draying, freighting or trucking yards or terminals Drive-thru facilities (not restaurants) Dumps (public) (defined: Section 21.04.1 10) Educational institutions or schools, public/private (defined: Section 21.04.140) Electric or neon sign manufacture Fairgrounds P X X X X X X X X X X X X X CUP 3 3 2 X 2 2 2 2 2 3 2 2 2 3 2 3 ACC EXHIBIT Y3 ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE STRIKE OUT/BOLD-UNDERLINE VERSION OF AMENDMENTS TO: ZONING ORDINANCE CHAPTER 21.32 (M INDUSTRIAL ZONE) USE Feed and fuel yards Food products manufacture, storage and process of, except lard, pickles, sauerkraut, sausage or vinegar Fruit and vegetable canning, preserving and freezing Fruit packing houses Furniture manufacture Garment manufacturers Gas stations (subject to Section 21.42.140(B)(65)) Golf courses Greenhouses >2,000 square feet (subject to Section 2 1 .42. 1 40(B)(70)) Hazardous waste facility (subject to Section 21.42.140(B)(75)) (defined: Section 21.04.167) Hospitals (defined: Section 21.04.170) Hospitals (mental) (defined: Section 21.04.175) Ice and cold storage plants Kennels Lumber yards Machine shops Manufacture of prefabricated buildings Mills, planing Mini-warehouses/self storage Mobile buildings (subject to Section 21.42.140(B)(90)) (defined: Section 21.04.265) Mortuaries Newspaper/periodical printing and publishing Oil and gas facilities (on-shore) (subject to Section 21.42.140(B)(95)) Packing/sorting sheds >600 square feet (subject to Section 21 .42. 140(B)(70)) Parking facilities (primary use) (i.e., day use, short-term, nonstorage) Pawnshops (subject to Section 21,42.140(B)(105)) Plastics, fabrication from Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Section 2 1.04. 297) Racetracks Radio/television/microwave/broadcast station/tower Recreation facilities Recreational vehicle storage (subject to Section 21.42. 140(B)(120)) (defined: Section 21.04.299) Recycling collection facilities, large (subject to Chapter 21.105) (defined: Section 21.105.015) Recycling collection facilities, small (subject to Chapter 21.105) (defined: Section 21.105.015) Recycling process/transfer facility Rubber, fabrication of products made from finished rubber Satellite antennae (>1 peruse) (defined: Section 21.04.302) Satellite television antennae (subject to Section 21.53.130) Sheet metal shops Shoe manufacturing Soap manufacture, cold mix only Stadiums Stone monument works Tattoo parlors (subject to Section 21.42. 140(B)(140)) Textile manufacture Thrift shops (subject to Section 2 1 .42. 1 40(B)( 1 50)) Tire rebuilding, recapping and retreading Transit passenger terminals (bus and train) Transit storage (ex. rolling stock) Truck steam cleaning equipment Veterinary clinic/animal hospital (small animals) (defined: Section 21.04.378) Windmills (exceeding height limit of zone) (subject to Section 21.42.140(B)(160)) P X X X X X X X X X X X X X X X X X X X X CUP 2 2 1 3 2 2 2 2 2 2 2 2 3 1 1 3 2 2 2 2 1 2 1 2 1 3 3 2 2 2 1 2 ACC EXHIBIT Y3 ZCA 06-02/LCPA 06-04 -ADULT BUSINESSES ORDINANCE STRIKE OUT/BOLD-UNDERLINE VERSION OF AMENDMENTS TO: ZONING ORDINANCE CHAPTER 21.32 (M INDUSTRIAL ZONE) USE Wireless communications facilities (subject to Section 21.42.140(B)(165)) (defined: Section 21.04.379) Zoos (private) (subject to Section 21.42.140(B)(170)) (defined: Section 21.04.400) P CUP 1/2 2 ACC Notes: Any use permitted in the C-M zone, except child day care centers, except that a dwelling conforming to the yard requirements of the R-3 zone shall be permitted on the same lot on which a factory is located, and which dwelling is used exclusively by a caretaker or superintendent of such factory and his family. Any use that is found to be objectionable or incompatible with the character of the city and its environs due to noise, dust, odors or other undesirable characteristics may be prohibited. EXHIBIT Y4 ZCA 06-02/LCPA 06-04 -ADULT BUSINESSES ORDINANCE STRIKE OUT/BOLD-UNDERLINE VERSION OF AMENDMENTS TO: ZONING ORDINANCE CHAPTER 21.34 (P-M PLANNED INDUSTRIAL ZONE) Section 21.34.010 (Table A) of Zoning Ordinance Chapter 21.34 is proposed to be amended as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning commission hearing process 3 = City council hearing process "ACC" indicates use is permitted as an accessory use. USE Accessory uses and structures where related and incidental to a permitted use Accountants (see note 1 below) Administrative offices associated with and accessory to a permitted use Administrative offices (see note 1 below) Adult businesses (subject to Chapter 21.43 of this title and Chapter 8.60 of CMC Title 81 Advertising agencies (see note 1 below) Advertising-direct mail (see note 1 below) Agricultural consultants (see note 1 below) Agricultural farm worker housing (temporary) (subject to Section 21.42.140(B)(2)) Air courier service (see note 1 below) Airlines offices, general offices (see note 1 below) Airports Alcoholic treatment centers Answering bureaus (see note 1 below) Appraisers (see note 1 below) Aquaculture (defined: Section 21.04.036) Arbitrators (see note 1 below) Architect design and planners (see note 1 below) Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses Attorney (no legal clinics) (see note 1 below) Attorney services (see note 1 below) Audio-visual services (see note 1 below) Auto storage/impound yards (i.e., overnight product storage) Auto wrecking yards (defined: Section 21.04.040) Billing service (see note 1 below) Biological habitat preserve (subject to Section 21.42. 140(B)(30)) (defined: Section 21.04.048) Blueprinters (see note 1 below) Book printing and publishing Bookbinding Bookkeeping service (see note 1 below) Building designers (see note 1 below) P X X X X X X X X X X X X X X X X X X X X X X CUP 3 3 2 2 2 2 2 2 ACC X EXHIBIT Y4 ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE STRIKE OUT/BOLD-UNDERLINE VERSION OF AMENDMENTS TO: ZONING ORDINANCE CHAPTER 21.34 (P-M PLANNED INDUSTRIAL ZONE) USE Building inspection service (see note 1 below) Burglar alarm systems (see note 1 below) Business consultants (see note 1 below) Business offices for professional and labor organizations (see note 1 below) Campsites (overnight) (subject to Section 21.42.140(B)(40)) Cemeteries Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) Churches, synagogues, temples, convents, monasteries, and other places of worship Civil engineers (see note 1 below) Collection agencies (see note 1 below) Columbariums, crematories, and mausoleums (not within a cemetery) Commercial artists (see note 1 below) Commodity brokers (see note 1 below) Communications consultants (see note 1 below) Computer programmers (see note 1 below) Computer service (time-sharing) Computer systems (see note 1 below) Construction manager (see note 1 below) Corporate headquarters office (see note 1 below) Corporate travel agencies and bureaus (see note 1 below) Credit rating service (see note 1 below) Data communication service (see note 1 below) Data processing service (see note 1 below) Data systems consultants (see note 1 below) Delicatessen (defined: Section 21.04.106) Diamond and gold brokers (see note 1 below) Display designers (see note 1 below) Display services (see note 1 below) Drafting services (see note 1 below) Drive-thru facilities (not restaurants) Economics research (see note 1 below) Educational consultants (see note 1 below) Educational institutions or schools, public/private (defined: Section 21.04.140) Educational research (see note 1 below) Electric contractors (sales and administrative offices only) (see note 1 below) Electronics consultants (see note 1 below) Energy management consultants (see note 1 below) Engineering offices (see note 1 below) Environmental services (see note 1 below) Escrow service (see note 1 below) Estimators (see note 1 below) Executive recruiting consultants (see note 1 below) Executive search office (see note 1 below) Executive training consultants (see note 1 below) Export consultants (see note 1 below) Fairgrounds Financial planners and consultants (see note 1 below) Fire protection consultants (see note 1 below) Foreclosure assistance (see note 1 below) Foundation-educational research (see note 1 below) Franchise services (see note 1 below) Fund-raising counselors (see note 1 below) Gas stations (subject to Section 21.42.140(B)(65)) Gemologists (see note 1 below) General contractors (no equipment storage permitted) (see note 1 below) P X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X CUP 2 3 2 2 2 1 2 2 3 2 ACC EXHIBIT Y4 ZCA 06-02/LCPA 06-04 -ADULT BUSINESSES ORDINANCE STRIKE OUT/BOLD-UNDERLINE VERSION OF AMENDMENTS TO: ZONING ORDINANCE CHAPTER 21.34 (P-M PLANNED INDUSTRIAL ZONE) USE Geophysicists (see note 1 below) Golf courses Government contract consultants (see note 1 below) Government facilities and offices Governmental agencies (general and administrative offices only) (see note 1 below) Graphics designers (see note 1 below) Greenhouses >2,000 square feet (subject to Section 21.42.140(B)(70)) Hazardous waste facility (subject to Section 21.42.140(B)(75)) (defined: Section 21.04.167) Hospitals (defined: Section 21.04.170) Hospitals (mental) (defined: Section 21.04.175) Hotels and motels (subject to Section 21.42.140(B)(80)) Human factors research and development (see note 1 below) Human services organization (administrative offices only) (see note 1 below) Importers (see note 1 below) Incorporating agency (see note 1 below) Industrial medical (workers comp.) (see note 1 below) Information bureaus (see note 1 below) Insurance companies (administrative offices only) (see note 1 below) Interior decorators and designers (no merchandise storage permitted) (see note 1 below) Investigators (see note 1 below) Investment advisory (see note 1 below) Investment securities Kennels Labor relations consultants (see note 1 below) Leasing services (see note 1 below) Lecture bureaus (see note 1 below) Literary agents (see note 1 below) Magazine subscription agents (see note 1 below) Mailing list service (see note 1 below) Management consultants (see note 1 below) Manufacturers agents (see note 1 below) Manufacturing and processing facilities Marketing research and analysis (see note 1 below) Message receiving service (see note 1 below) Mini-warehouses/self storage Mobile buildings (subject to Section 2 1.42.1 40(B)(90)) (defined: Section 21.04.265) Mutual funds (see note 1 below) Newspaper/periodical printing and publishing Oil and gas facilities (on-shore) (subject to Section 2 1.42.1 40(B)(95)) On-site recreational facilities intended for the use of employees of the planned industrial zone Packing/sorting sheds >600 square feet (subject to Section 2 1 .42. 1 40(B)(70)) Parking facilities (primary use) (i.e., day use, short-term, nonstorage) Patent searchers (see note 1 below) Pension and profit sharing plans (see note 1 below) Personal service bureau (see note 1 below) Photographic (industrial and commercial only) (see note 1 below) Printing services (see note 1 below) Product development and marketing (see note 1 below) Public relations services (see note 1 below) Public utility companies (see note 1 below) Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Section 2 1.04.297) Publicity services (see note 1 below) Publishers representatives (see note 1 below) Racetracks Radio communications (see note 1 below) P X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X CUP 2 1 3 2 2 2 2 2 2 2 3 1 1 2 2 ACC EXHIBIT Y4 ZCA 06-02/LCPA 06-04 -ADULT BUSINESSES ORDINANCE STRIKE OUT/BOLD-UNDERLINE VERSION OF AMENDMENTS TO: ZONING ORDINANCE CHAPTER 21.34 (P-M PLANNED INDUSTRIAL ZONE) USE Radio/television/microwave/broadcast station/tower Real estate brokers (commercial and industrial only) (see note 1 below) Real estate developers (see note 1 below) Recording service (see note 1 below) Recreation facilities Recreational vehicle storage (subject to Section 21.42. 140(B)(120)) (defined: Section 21.04.299) Recycling collection facilities, small (subject to Chapter 21.105 of this title) (defined: Section 21.105.015) Recycling collection facilities, large (subject to Chapter 21.105 of this title) (defined: Section 21.105.015) Recycling process/transfer facility Relocation service (see note 1 below) Repossessing service (see note 1 below) Research and testing facilities Research labs (see note 1 below) Residential uses in P-M Zone (subject to Section 21.42.140(B)(135)) Restaurants (bona fide public eating establishment - defined: Section 21.04.056) Retail uses Retirement planning consultants (see note 1 below) Safety consultants (see note 1 below) Sales training and counseling (see note 1 below) Satellite antennae (>1 per use) (defined: Section 21.04.302) Satellite television antennae (subject to Section 21.53.130) Searchers of records (see note 1 below) Securities systems (see note 1 below) Security firms (see note 1 below) Signs (subject to Chapter 21.41) Sound system consultants (see note 1 below) Space planning consultants (see note 1 below) Space research and developments (see note 1 below) Stadiums Stock and bond brokers (see note 1 below) Storage, wholesale and distribution facilities Surveyors (see note 1 below) Tax service and consultants (no consumer-oriented uses) (see note 1 below) Telephone cable companies (see note 1 below) Telephone systems (see note 1 below) Title companies (see note 1 below) Tour operators (see note 1 below) Trademark consultants (see note 1 below) Transit passenger terminals (bus and train) Translators and interpreters (see note I below) Trust companies (see note 1 below) Veterinary clinic/animal hospital (small animals) (defined: Section 21.04.378) Windmills (exceeding height limit of zone) (subject to Section 21.42.140(B)(160)) Wireless communications facilities (subject to Section 21.42.140(B)(165)) (defined: Section 21.04.379) Zoos (private) (subject to Section 21.42.140(B)(170)) (defined: Section 21.04.400) P X X X X X X X X X X X X X X X X X X X X X X X X X X . X X X CUP 2 2 1 1 2 2 3 2 2 1 3 2 1 2 1 12 2 ACC Note: Business and professional offices which are not retail in nature, do not cater to the general public, and do not generate walk-in or drive-in traffic, and are incidental to the industrial uses in the vicinity. EXHIBIT Y5 ZCA 06-02/LCPA 06-04 -ADULT BUSINESSES ORDINANCE STRIKE OUT/BOLD-UNDERLINE VERSION OF AMENDMENTS TO: ZONING ORDINANCE CHAPTER 21.43 (ADULT BUSINESSES) Zoning Ordinance Chapter 21 .43 is proposed to be amended as follows: Chapter 2 1.43 ADULT ENTERTAINMENT ADULT BUSINESSES Sections: 21.43.010 Intent and purpose. 21.43.020 Definitions. 21.43.030 Zones for adult entertainment establishments Location requirements for adult businesses. 21.43.040 Other requirements for adult businesses. 21.43.060 - Minimum spacing requirements. 21.43.070 - Minimum proximity requirements. 21.13.120 - Regulation of signs. 21.13.110 - Severability. 2 1 .43 .440050 21.43.010 Intent and purpose. A. The intent and purpose of this chapter is to regulate the location of adult businesses, which is necessary due to the following: L _ Adult businesses tend to have judicially recognized adverse secondary effects on the community, including but not limited to: a. Increases in crime in the vicinity of adult businesses; b. Decreases in property values in the vicinity of adult businesses; c. Increases in vacancies in residential and commercial areas in the vicinity of adult businesses; d. 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; and e. _ The deterioration of neighborhoods. B. In addition to the operational regulations for adult businesses mandated in Chapter 8.60 of the Municipal Code, the regulations in this chapter are necessary to prevent adverse secondary effects of adult businesses, while at the same time protecting the constitutional rights of those individuals who desire to own, operate or patronize adult businesses. 21.43.020 Definitions. It is the purpose of this section, together with its subsections, to provide clear and concise definitions of those words, terms, and phrases most commonly utilized in the regulations and provisions of this chapter in order to assist in the uniform interpretation of said regulations and provisions and to insure uniformity of their application. It is intended that the following words, 1 EXHIBIT Y5 ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE STRIKE OUT/BOLD-UNDERLINE VERSION OF AMENDMENTS TO: ZONING ORDINANCE CHAPTER 21.43 (ADULT BUSINESSES) terms and phrases, whenever used in this chapter, shall be construed as defined in the following subsections, unless from the context a different meaning is specifically defined and more particularly directed to tho use of such words, terms or phrases: A. The definitions found in Section 8.60.020 of the Municipal Code are incorporated herein by reference. B. In addition to any other definitions contained in the Municipal Code, the following words and phrases shall, for the purpose of this Chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with any current provisions of the Municipal Code, these definitions shall prevail. ft) "Adult—entertainment—establishment"—means—any—establishment—which—is customarily open only to one or more classes of tho public, excluding any minor under the age of eighteen by reason of ago. (3) "Specified sexual activities" includes the following: (A) The fondling or other touching of human genitals, pubic region, buttocks, or female breasts; (B) Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, and sodomy; (G) Masturbation, whether actual or simulated; (D) Excretory functions as part of or in connection with any of the activities sot forth in subsections A through E of this section. (3) "Specified anatomical areas" as used in this chapter means and includes any of tho following: (A) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or (B) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (4) "General bookstore" means any retail establishment devoted in whole or in part to the selling, buying or trading of new or used books, manuscripts or periodicals of general interest, and which does not devote more than a significant or substantial portion of its gross floor area to the selling, displaying, storing or trading of books, films, magazines or other periodicals or other materials which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas. {£) "Adult bookstore" means any establishment which has twenty five percent or more of its stock in trade: (A) Books, films, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas; (B) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. (6) "Adult motion picture theater" means an enclosed or unenclosed building with a capacity of fifty or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified EXHIBIT Y5 ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE STRIKE OUT/BOLD-UNDERLINE VERSION OF AMENDMENTS TO: ZONING ORDINANCE CHAPTER 21.43 (ADULT BUSINESSES) sexual activities or specified anatomical areas. f£) "Adult mini motion picture theater" means an enclosed or unenclosed building with a capacity of more than five, but less than fifty persons, used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas. (8) "Adult motion picture arcade" means any place to which the public is permitted or invited wherein coin operated or slug-operated or electronically or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons por machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas. (9) "Adult theater" means a theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature, which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons. (44) "General theater" means an enclosed or unenclosed building or part of a building intended to be used for the specific purpose of presenting live entertainment or displaying motion pictures, slides or closed circuit television pictures or any other form of audio or visual representation before an individual or assemblage of persons, whether such assemblage bo of a public, restricted or private nature, except a home or private dwelling where no fee by way of an admission charge is charged; provided, however, that said theater does not devote more than a substantial or significant portion of its presentation time measured on an annual basis, for the exhibition or display of entertainment which is distinguished or characterized as specified sexual activities or specified anatomical areas as defined in this chapter. (44)—"Adult cabaret" means a nightclub, theater, bar or other establishment which features live or media representations of performances by topless or bottomless dancers, go go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. (4-2) "Massage establishment" means any massage establishment regulated by Chapter 5.16 of this code. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service. (4-3)—"Adult model studio" means any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any "Figure studio" or "school of art" or similar establishment which meets the requirements established in the Education Code of the state of California for the issuance or conferring of, and is in fact authorized thereunder, to issue and confer a diploma. (44) "Sexual encounter center" means any business, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in EXHIBIT Y5 ZCA ,06-02/LCPA 06-04 -ADULT BUSINESSES ORDINANCE STRIKE OUT/BOLD-UNDERLINE VERSION OF AMENDMENTS TO: ZONING ORDINANCE CHAPTER 21.43 (ADULT BUSINESSES) specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops, operated by professional persons, licensed by the state, to engage in sexual therapy. (44) "Body painting studio" means any establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the human body, when specified anatomical areas are exposed. (1-6) "Adult—motel"—means—a—motel—OF—similar—establishment—offering—public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas. (4^7) "Outcall sendee activity" means any establishment or business which provides an outcall service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs. (4-8) "Bath house" means an establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This section shall not apply to hydrotherapy treatment practiced by, or under the supervision of a medical practitioner or practiced by a professional massage technician. A medical practitioner, for the purpose of this chapter, shall be a medical doctor, physician, chiropractor or similar professional licensed by the p-f «-><• a3LU.LC. L "Child day care center" means any child day care facility as defined in Carlsbad Municipal Code Section 21.04.086 and Section 1596.750 of the California Health and Safety Code other than family day care homes. 2. "Park" means any public or private parks, whether for passive or active recreational uses or both. Active recreational uses may include but are not limited to skate parks, tot lot and play lot areas, structures and special use facilities such as swimming pools, basketball courts, tennis courts, handball and racquetball courts, horseshoes, and picnic facilities. 3. "Religious institution/place of worship" means any portion of a building or structure that is used primarily for religious worship and religious activities. 4. "Residential land use designation" means any property within the City that carries a residential general plan land use designation permitting the location of a dwelling or dwellings, including RL (Residential Low Density), RLM (Residential Low Medium Density), RM (Residential Medium Density), RMH (Residential Medium High Density) and RH (Residential High Density). 5. "Residential zone" means any property within the City that carries a zoning designation permitting the location of a dwelling or dwellings, including R-A (Residential Agricultural), R-E (Rural Residential Estate), R-l (One-Family Residential), R-2 (Two- Family Residential), R-3 (Multiple-Family Residential), RMHP (Residential Mobile Home Park), RD-M (Residential Density-Multiple), R-P (Residential Professional), R-T (Residential Tourist), and R-W (Residential Waterway). (1-9)6. "School" means any_institution of learning for minors, whether public or private, which offers offering instruction in those courses of study required by the California Education Code and/or which is maintained pursuant to standards set by the State-Board of Education of EXHIBIT Y5 ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE STRIKE OUT/BOLD-UNDERLINE VERSION OF AMENDMENTS TO: ZONING ORDINANCE CHAPTER 21 .43 (ADULT BUSINESSES) the State of California. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution ofjearning education under the jurisdiction of the State-California Department of Educationv-buf4t. For the purposes of this Section, "school" does not include a vocational or professional institution or an institution of higher education, including a community or junior college, collegej_or university. 21.13.030 Zones for adult entertainment establishments-: Adult entertainment establishments are permitted only in areas with C 1, C 2, C M, M, P M, or P U zoning classifications. No such establishment shall be permitted to be established in any area outside such zoning classification. (Ord. 9527 § 8 (part), 1979) 21.^13.060 - Minimum spacing requirements. No adult entertainment establishment shall bo located within one thousand feet of any other adult entertainment establishment. 21.^3.070 - Minimum proximity requirements. No adult entertainment establishment shall bo located within specified distances of certain specified land uses as set forth below: (4-) - No such establishment shall be located within one thousand feet of any parcel of land zoned for residential use. (3) - No such establishment shall be located within one thousand foot of any parcel of land which contains any one or more of the following specific land uses: (A) - Amusement park; (B) - Camp (for children's activity); Church or other similar religious facility; Child care facility; (E) - Community center; (F) - Museum; (G) - Park (including public beach); (H) - Playground; (I) - School. (3) - No such establishment shall be established within five hundred feet of any parcel of land which contains any one or more of the following land uses: (A) - Bars/cocktail lounges; (B) - Convalescent homes; (€) - Courthouse (or other public building utilized on a consistent basis by the public); (D) - Hospital; (E) - Nursing home; (F) - Retirement hotel; (6) - Sanitarium; Senior citizen activity center. EXHIBIT Y5 ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE STRIKE OUT/BOLD-UNDERLINE VERSION OF AMENDMENTS TO: ZONING ORDINANCE CHAPTER 21.43 (ADULT BUSINESSES) (4) The distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel lino of each business. The distance between any adult entertainment business and any school shall be measured in a straight line, without regard to intervening structures, from the closest point on the oxtorior parcel line of the adult entertainment business to the closest point on the property line of the school. 21.43.030 Location requirements for adult businesses. A. Zones where adult businesses are permitted. 1. Adult businesses are permitted only on sites that are within the C-M, C-M/Q, M, M-Q, P-M, or P-M/Q zones, provided such uses are not precluded by any applicable specific plan or master plan. B. Distance requirements. 1. In addition to the zone requirements specified in subsection A of this section, an adult business shall not be established or located within one thousand (1,000) feet of any of the following; a. Another adult business; b. Child day care center; c. Park; d. e. f. g. Religious institution/place of worship; Residential land use designation; Residential zone; or School; 2. For the purpose of measuring the distance requirements set forth in subsection B.I of this section, all distances shall be measured (without regard to intervening structures) in a straight line extended between the nearest property lines of; a. The property on which the adult business is or will be located; and b. The property on which one of the uses/zones/designations specified in subsection B.I.a of this section is located. 3. The distance requirements established by subsection B.I.a of this section shall apply to; a. Any adult business operating as a legal conforming use with an approved adult business license from the city; . b. Any adult business that has an approved adult business license from the city, but has not yet begun operating the business at the approved business location. 4. The distance requirements established in subsection B.I of this section shall apply to those uses/designations/zones specified in subsections B.l.b through B.l.g of this section that; a. Are existing, or b. Have received approval by the City for the use/zone/designation and said approval has not expired or become invalid. 5. The distance requirements from the uscs/dcsignations/zones specified in subsections B.l.b through B.l.g of this section shall not apply to those EXHIBIT Y5 ZCA 06-02/LCPA 06-04 -ADULT BUSINESSES ORDINANCE STRIKE OUT/BOLD-UNDERLINE VERSION OF AMENDMENTS TO: ZONING ORDINANCE CHAPTER 21.43 (ADULT BUSINESSES) uses/designations/zones for which the City is reviewing but has not yet approved an application to establish the use/designation/zone. C. Other location requirements. L An adult business that either: a) has an approved adult business license from the city, but has not vet begun operating the business at the approved business location, or b) is operating as a legal conforming use with an approved adult business license from the City, shall not be rendered a nonconforming or illegal use by the subsequent location of child day care centers, parks, religious institutions/places of worship, residential land use designations, residential zones, or schools that are within the locational limitations set forth in this section. a. A use shall be deemed to be subsequently located if it is established within the locational limitations of this section following the date an application for an adult business license is filed pursuant to the requirements of Chapter 8.60 of the Municipal Code. 21.43.040 Other requirements for adult businesses. A. All adult businesses shall comply with the requirements of Chapter 8.60 of the Municipal Code. B. All adult business performers shall comply with the requirements of Chapter 8.70 of the Municipal Code. C. No building permit, adult business license, or other permit or entitlement for use shall be legally valid if issued to any adult business proposed to operate or to be established in the city unless the location requirements specified in Section 21.43.030 are satisfied. 21.13.120 Regulations of signs. No person granted a permit to operate an adult entertainment establishment pursuant to this chapter shall place or cause to be placed or maintained in such a location as can be viewed by persons on any public street any sign or signs, photographic, pictorial or other graphic representations, that depict in whole or in part the following: £4-) Act or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; (3) Scenes wherein a person displays the vulva or the anus or the genitals; (3) Scenes wherein artificial devices are employed to depict, or drawings are employed to portray, any of the prohibited signs, photographs or graphic representations described above; (4) Any other graphic illustration pertaining to specified sexual activities and specified anatomical areas as specified in this chapter. 21.13.HO Severability. If any section, subsection, sentence, clause or phrase of the ordinance codified in this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affoct the validity of the remaining portions of the ordinance codified in this chapter.—The city council declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause, and phrase EXHIBIT Y5 ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE STRIKE OUT/BOLD-UNDERLINE VERSION OF AMENDMENTS TO: ZONING ORDINANCE CHAPTER 21.43 (ADULT BUSINESSES) hereof, irrespective of the fact that any one or more of tho sections, subsections, sentences, clauses or phrases hereof be declared invalid or unconstitutional. 21.43.4-050 Violations Penalty. Violation of this chapter is punishable pursuant to Section 21.62.010 of this code. A. Any owner, operator, manager, employee or independent contractor of an adult business violating or permitting, counseling, or assisting the violation of any of these provisions regulating adult businesses shall be subject to any and all civil remedies, including license revocation. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued. B. In addition to the remedies set forth in subsection A of this section, any adult business that is operating in violation of these provisions regulating adult businesses is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation. C. The restrictions imposed pursuant to this Section do not constitute a criminal offense. Notwithstanding any other provision of the Carlsbad Municipal Code, the City does not impose a criminal penalty for violations of the provisions of this ordinance related to adult businesses. EXHIBIT Y6 ZCA 06-02/LCPA 06-04 -ADULT BUSINESSES ORDINANCE STRIKE OUT/BOLD-UNDERLINE VERSION OF AMENDMENTS TO: ZONING ORDINANCE CHAPTER 21.44 (PARKING) Section 21.44.080 of Zoning Ordinance Chapter 21.44 is proposed to be amended as follows: 21.44.080 Joint use of off-street parking facilities. A. The planning commission may, upon application by the owner or lessee of any property, authorize the joint use of off street parking facilities by the following uses or activities: Joint use of off-street parking facilities shall be allowed for uses or activities listed in subsection A.I of this section, subject to the requirements of subsection A.2 of this section: L Uses or activities. 4-a. Up to 50% of the parking facilities required by this chapter for a use considered to be primarily a daytime use may be provided by the parking facilities of a use considered to be primarily a nighttime use; 2b. Up to 50% of the parking facilities required by this chapter for a use considered to be primarily a nighttime use may be provided by the parking facilities of a use considered to be primarily a daytime use; 3c. Up to 100% of the parking facilities required by this chapter for a church or for an auditorium incidental to a public or parochial school may be supplied by parking facilities of a use considered to be primarily a daytime use; 4d. Up to 50% of the parking facilities required by this chapter for a church may be jointly utilized by an on-site, accessory, child day care center provided there is no substantial conflict in the principal operating hours of the church and child day care center; S-e. The following uses are typical daytime uses: banks, business offices, retail stores, personal service shops, clothing or shoe repair or service shops, manufacturing or wholesale buildings and similar uses; 6f. The following uses are typical of nighttime and/or Sunday uses: auditoriums incidental to a public or parochial school, churches, dance halls, theaters and bars. B-. The planning commission may authorize the joint use of off street parking facilities by the uses or activities specified above, subject to the following conditions: 2. Requirements for joint use of off-street parking. a. The owner or lessee of the subject property shall provide written evidence to the Planning Department to demonstrate compliance with the provisions and requirements of this section. 4-b. The buildings or uses associated with the joint use of a parking facility shall be located within 150 feet of such parking facility; 3c. The application shall show that there is no substantial conflict in the principal operating hours of the buildings or uses for which the joint use of a parking facility is proposed; ^d. Parties involved in the joint use of a parking facility shall provide evidence of agreement for such joint use by a proper legal instrument approved by the city attorney as to form and content. Such instrument, when approved as conforming to the provisions of this title, shall be recorded in the office of the county recorder and copies thereof filed with the planning director. 1 City of Carlsbad Exhibits to Staff Report to Planning Commission July 15,2009 Volume I A. Studies Conducted By Cities Documenting The Negative Secondary Side Effects Of Adult Businesses 1. Partial Summary of Secondary Effect Studies 2. Summaries of Key Reports Concerning the Negative Secondary Effects of Sexually Oriented Businesses, compiled by Louis F. Comus III 3. Amarillo, Texas, Planning Department (1977) 4. Austin, Texas, Office of Land Development Services (1986) 5. Beaumont, Texas (1982) 6. Cleveland, Ohio (1977) 7. Garden Grove, California (1991) 8. Houston, Texas, City Council Report (1997) 9. Indianapolis, Indiana, Department of Metropolitan Development (1984) 10. Los Angeles, California, Department of City Planning (1977) 11. Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, State of Minnesota (1989) 12. New York, New York (1994) Volume II 13. Newport News, Virginia (1996) 14. Oklahoma City, Oklahoma (1986) 15. Phoenix, Arizona (1979) 16. Seattle, Washington, Department of Construction and Land Use (19 89) 17. Times Square, New York City (1994) 18. Tucson, Arizona (1990) 19. Whittier, California (1978) 20. A Methodological Critique of the Linz-Paul Report: A Report to the San Diego City Attorney's Office (March 21,2003) 21. Testimony of David Sherman Before the Michigan House Committee on Ethics and Constitutional Law (2000) 22. Closin' Time: Effective Regulation of Adult Businesses' Hours of Operation, by Scott Berthold (2000) 23. Peep Show Establishments, Police Activity, Public Place and Time: A Study of Secondary Effects in San Diego, California, by Daniel Linz et al. (2004) 24. Do Peep-shows "Cause" Crime? A Response to Linz, Paul, and Yao, by Richard McCleary et al (2006) 25. Stripclubs According to Strippers: Exposing Workplace Sexual violence, by Kelly Holsopple( 1998) 26. 1986 Attorney General's Report on Pornography, Volume 1 (on file with City Clerk's Department) 27. 1986 Attorney General's Report on Pornography, Volume 2 (on file with City Clerk's Department) Volume III B. Other Supporting Documentation 1. Declarations from Fullerton Police Officers Craig Brower, Mike Chocek, and ABC Investigator Kevin Ortega related to the City of La Habra's Nuisance Abatement Action for a Totally Nude Facility 2. Police reports of investigations conducted by City of La Habra 3. Interview of Julia (Nude Dancer) 4. Det. Robert Navarre's presentation on "Harmful Effects of Pornography, Los Angeles Case Study" (1994) 5. "My Personal Experience With Sexually Oriented Business" by Gene McConnell 6. Letter from Lorraine Day, M.D. regarding the AIDS virus 7. Sheriffs Report to City Council of City of Encinitas, November 9, 1998 8. City of Arcadia Police Department undercover surveillance reports, 2000 9. AIDS Surveillance Report, September 30, 2005 10. San Diego County HIV/AIDS Status, County of San Diego Health and Human Services Agency, June 2000 11. County of Orange Communicable Disease Summary, July 2002 12. STD Fact Sheet 2005 13. 1998-2007 Reportable diseases and Conditions Provisional Data 14. Sexually Transmitted Diseases Annual Summary, San Diego County, 1993- 1994 C. Published Cases 1. 4805 Convoy, Inc. v. City of San Diego, 183 F.3d 1108 (9th Cir. 1999) 2. Anheuser-Busch v. Schmoke, 101 F.3d 325 (4th Cir. 1996), cert, denied 520 U.S. 1204(1997) 3. Baby Tarn & Co., Inc. v. City of Las Vegas ('Baby Tarn /"), 154 F.3d 1097 (9th Cir. 1998) 4. Baby Tarn & Co., Inc. v. City of Las Vegas ('Baby Tarn IF}, 199 F.3d 1111 (9th Cir. 2000) 5. Baby Tarn & Co., Inc. v. City of Las Vegas ('Baby Tarn 7/7"), 247 F.3d 1003 (9th Cir. 2001) 6. Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S.Ct. 2456 (1991) 7. Berry v. City of Santa Barbara, 40 Cal.App.4th 1075 (1995) 8. Center for Fair Public Policy v. Maricopa County, 336 F.3d 1153 (9th Cir. 2004) 9. City of Erie v. Pap's A.M. ("Kandyland"), 529 U.S. 277, 120 S.Ct. 1382 (2000) 10. City of Littleton, Colorado v. Z.J. Gifts D-4, 541 U.S. 744, 124 S.Ct. 2219 (2004) 11. City of Los Angeles v. Alameda Books, Inc. 535 U.S. 425, 122 S.Ct. 1728 (2002) 12. City of National City v. Wiener, 3 Cal.4th 832 (1993), cert, denied 510 U.S. 824 13. City ofRenton v. Playtime Theatres, Inc., 475 U.S. 41, 106 S.Ct. 925 (1986) 14. City of Vallejo v. Adult Books, 167 Cal. App.3d 1169(1985), cert, denied 475 U.S. 1064 (1986) 15. Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998), cert, denied 529 U.S. 1053 (2000) 16. Crawford v. Lungren, 96 F.3d 380 (9th Cir. 1996) 17. Deluxe Theater & Bookstore, Inc. v. City of San Diego, 175 Cal.App.3d 980 (1985) 18. Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board of California ("Vicary"), 99 Cal.App.4th 880 (2002) 19. Diamond v. City ofTaft, 215 F.3d 1052 (9th Cir. 2000), cert, denied 531 U.S. 1072 (2001) 20. DiMa Corp. V. Town ofHallie, 185 F.3d 823 (7th Cir. 1999) 21. DLS, Inc. v. City of Chattanooga, 894 F.Supp. 1140 (E.D. Term. 1995) 22. Doctor John's, Inc. v. City of Roy, 465 F.3d 1150 (10th Cir. 2006) 23. Dream Palace v. County ofMaricopa, 384 F.3d 990 (9th Cir. 2004) Volume IV 24. FW/PBS, Inc. v. City of Dallas, 493 U.S. 215,110 S.Ct. 596 (1990) 25. Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005), amended 402 F.3d 875, cert, denied 126 S.Ct. 374 26. G.M. Enterprises v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003) 27. Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995) 28. International Eateries v. Broward County, 941 F.2d 1157 (11th Cir. 1991), cert, denied 503 U.S. 920 (1992) 29. Isbell v. City of San Diego, 450 F.Supp.2d 1143 (S.D. Cal 2006) 30. Isbell v. City of San Diego, 258 F.3d 1108 (9th Cir. 2001) 31. Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986) 32. Lakeland Lounge v. City of Jacksonville, 973 F,2d 1255 (5th Cir. 1992) cert, denied 507 U.S. 1030(1993) 33. Lim v. City of Long Beach, 217 F.3d 1050 (9th Cir. 2000), cert, denied 121 S.Ct. 1189(2001) 34. Mitchell v. Commission on Adult Entertainment, 10 F.3d 123 (3rd Cir. 1993) 35. National Amusements, Inc. v. Town ofDedham, 43 F.3d 731 (1st Cir. 1995) 36. N. W. Enterprises, Inc. v. City of Houston, 352 F.3d 162 (5th Cir. 2003) 37. N. W. Enterprises, Inc. v. City of Houston, 372 F.3d 333 (5th Cir. 2004) 38. People v. Superior Court (Lucero\ 49 Cal.3d 14 (1989) 39. Reno v. American Civil Liberties Union, 521 U.S. 844, 117 S.Ct. 2329 (1997) 40. RichlandBookman, Inc. v. Nichols, 137 F.3d 435 (6th Cir. 1998) 41. SOB, Inc. v. City ofBenton, 317 F.3d 856, 863 (8th Cir. 2003) 42. Star Satellite, Inc. v. City ofBiloxi, 779 F.2d 1074 (5th Cir. 1986) 43. Tee & Bee v. City ofWestAllis, 936 F. Supp. 1479 (E.D. Wis. 1996) 44. TilyB., Inc. v. City of Newport Beach, 69 Cal.App.4th 1 (1998) 45. TK's Video, Inc. v. Denton County, Tex., 24 F.3d 705 (5th Cir. Tex. 1994) 46. Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524 (9th Cir. 1993), cert, denied 511 U.S. 1030 (1994) 47. U.S. v. Hackings, 129 F.3d 1069 (9th Cir. 1997) 48. as. v. Thomas, 74 F.3d 701 (6th Cir. 1996), cert, denied 519 U.S. 820 (1996) 49. World Wide Video v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004) 50. Young v. American Mini Theaters, Inc., 427 U.S. 50, 96 S.Ct. 2440 (1976) 51. Young v. City ofSimi Valley, 216 F.3d 807 (9th Cir. 2000), cert, denied 531 U.S. 1104(2001) ERRATA SHEET FOR ITEM #5 JULY 15, 2009 TO: PLANNING COMMISSIONERS FROM: KEVIN POINTER, ASSOCIATE PLANNER SUBJECT: ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE Staff is recommending that the Planning Commission include the following revision: Modify Exhibit "X" (attached to Planning Commission Resolution 6609), Page 33, line 14 to read: "subsection B.I of this section is located." The following is a strikeout/bold version of the recommended revision: 2. For the purpose of measuring the distance requirements set forth in subsection B.1 of this section, all distances shall be measured (without regard to intervening structures) in a straight line extended between the nearest property lines of: a. The property on which the adult business is or will be located; and b. The property on which one of the uses/zones/designations specified in subsection B.170 of this section is located. KEVIN POINTER