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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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