HomeMy WebLinkAbout2009-07-15; Planning Commission; Resolution 66091 PLANNING COMMISSION RESOLUTION NO. 6609
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT AND LOCAL
4 COASTAL PROGRAM AMENDMENT TO AMEND TITLE 21
OF THE CARLSBAD MUNICIPAL CODE BY: 1) AMENDING
CHAPTER 21.06 TO EXEMPT ADULT BUSINESSES FROM
6 CHAPTER 21.06 (Q QUALIFIED DEVELOPMENT OVERLAY
ZONE); 2) AMENDING CHAPTERS 21.30, 21.32, AND 21.34
7 TO ADD ADULT BUSINESSES TO THE LIST OF PERMITTED
USES IN CHAPTERS 21.30 (C-M HEAVY COMMERCIAL—
8 . LIMITED INDUSTRIAL ZONE), 21.32 (M INDUSTRIAL
9 ZONE), AND 21.34 (P-M PLANNED INDUSTRIAL ZONE); 3)
REPEALING AND REENACTING CHAPTER 21.43 (ADULT
10 ENTERTAINMENT) TO AMEND THE DEFINITIONS AND
LOCATION REQUIREMENTS FOR ADULT BUSINESSES;
11 AND 4) AMENDING CHAPTER 21.44 (PARKING) BY
, 2 REVISING THE JOINT USE PARKING PROVISIONS.
CASE NAME: ADULT BUSINESSES ORDINANCE
13 CASE NO: ZCA 06-02/LCPA 06-04
14 WHEREAS, the Planning Director has prepared a proposed Zone Code
Amendment and Local Coastal Program Amendment pursuant to Section 21.52.020 of the
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Carlsbad Municipal Code relating to adult business regulations; and
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WHEREAS, the Zoning Ordinance is the implementing Ordinance for the City of
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i Q Carlsbad Local Coastal Program; and
20 WHEREAS, California State law requires that the Local Coastal Program,
21 General Plan, and Zoning designations for properties in the Coastal Zone be in conformance and
22 therefore, an amendment to the Local Coastal Program is required in conjunction with an
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amendment to the Zoning Ordinance to ensure consistency between the two documents; and
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WHEREAS, a Local Coastal Program may be amended pursuant to California
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2(. Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title
27 14, Division 5.5; and
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WHEREAS, the proposed Zone Code Amendment and Local Coastal Program
2 Amendment is set forth in the draft City Council Ordinance, Exhibit "X," dated July 15, 2009,
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and attached hereto; and4
5 WHEREAS, the Planning Commission did on July 15, 2009, hold a duly noticed
6 public hearing as prescribed by law to consider said request; and
7 WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Zone Code Amendment and Local Coastal Program Amendment; and
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WHEREAS, State Coastal Guidelines requires a six-week public review period
i ~ for any amendment to the Local Coastal Program.
13 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
14 Commission of the City of Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
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B) At the end of the State-mandated Local Coastal Program Amendment six-week
17 review period, starting on June 26, 2009, and ending on August 7, 2009, staff
shall present to the City Council a summary of the comments received.
jo C) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of ADULT BUSINESSES ORDINANCE -
20 ZCA 06-02/LCPA 06-04 based on the following findings:
*•*• Findings;
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1. That the proposed Zone Code Amendment, ZCA 06-02, is consistent with the General
23 Plan in that the regulation of the location of adult businesses is a tool the City uses to:
24 a. Ensures that "land uses [including adult businesses] are arranged to preserve
community identity in a manner that is orderly, functionally efficient,
healthful, convenient to the public and aesthetically pleasing" (Land Use
26 Element - Overall Land Use Pattern - Policy C.I); and
27 b. "Encourages crime prevention [associated with the secondary effects of adult
businesses] through the planning process by establishing specific design
criteria and standards to be used in the review of land use development
PC RESO NO. 6609 -2-
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[location requirements for adult businesses]" (Public Safety Element - Crime
Prevention - Objective B.4).
Though there are no policies in the General Plan that specifically address adult
businesses, the proposed amendments further the goals and objectives of the
General Plan by establishing regulations that ensure adult businesses will not
adversely affect the public's health, safety, and welfare.
2. That proposed Zone Code Amendment ZCA 06-02 and Local Coastal Program
Amendment LCPA 06-04, reflect sound principles of good planning in that the
amendments: (a) implement the policies and standards of the General Plan, (b)
ensure the community is protected from the secondary effects of adult businesses,
and (c) ensure internal consistency with the procedures and standards of the other
provisions of the Zoning Ordinance that are not proposed for amendment.
3. That LCPA 06-04 meets the requirements of, and is in conformity with, the policies of
Chapter 3 of the Coastal Act and all applicable policies of the Carlsbad Local Coastal
Program not being amended by this amendment, in that it ensures consistency with the
Carlsbad Zoning Ordinance, and does not conflict with any coastal zone
regulations, land use designations or policies, with which development must comply.
4. That the proposed amendment to the Carlsbad Local Coastal Program is required to
ensure it remains consistent with the Zoning Ordinance.
PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, held on July 15,2009, by the following vote, to wit:
AYES: Commissioners Baker, Boddy, Dominguez, Douglas, L'Heureux,
and Nygaard
NOES: Chairperson Montgomery
ABSENT:
ABSTAIN:
MARTEKL B. MONTGOMERY,,
CARLSBAD PLANNING COM!
ATTEST:
.irperson
SIGN
DON NEU
Planning Director
PC RESO NO. 6609 -3-
EXHIBIT "X"
July 15, 2009
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY: 1) AMENDING CHAPTER
4 21.06 TO EXEMPT ADULT BUSINESSES FROM CHAPTER
21.06 (Q QUALIFIED DEVELOPMENT OVERLAY ZONE); 2)
5 AMENDING CHAPTERS 21.30, 21.32, AND 21.34 TO ADD
ADULT BUSINESSES TO THE LIST OF PERMITTED USES IN
6 CHAPTERS 21.30 (C-M HEAVY COMMERCIAL—LIMITED
INDUSTRIAL ZONE), 21.32 (M INDUSTRIAL ZONE), AND 21.34
7 (P-M PLANNED INDUSTRIAL ZONE); 3) REPEALING AND
REENACTING CHAPTER 21.43 (ADULT ENTERTAINMENT) TO
8 AMEND THE DEFINITIONS AND LOCATION REQUIREMENTS
FOR ADULT BUSINESSES; AND 4) AMENDING CHAPTER
9 21.44 (PARKING) BY REVISING THE JOINT USE PARKING
in PROVISIONS.
1U CASE NAME: ADULT BUSINESSES ORDINANCE
n CASE NO.: ZCA 06-02/LCPA 06-04
12 SECTION I. FINDINGS. The City Council of the City of Carlsbad hereby finds,
13 determines, and declares that:
14 A. The City Council finds that it is necessary and appropriate to amend
15 Chapter 21.43 of the Carlsbad Municipal Code to refine and update the locational criteria for
!6 adult businesses. The public health, safety and welfare of the City of Carlsbad and its residents
17 require the enactment of this Ordinance regulating locational criteria for adult businesses in
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order to: (1) mitigate and reduce the judicially recognized potential adverse secondary effects of
19 adult businesses, including but not limited to crime, the prevention of blight in neighborhoods
20 and the increased threat of the spread of sexually transmitted diseases; (2) protect the quality of
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life and neighborhoods in the City, the City's retail and commercial trade, and local property
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values, and minimize the potential for nuisances related to the operation of adult businesses;
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and (3) protect the peace, welfare and privacy of persons who own, operate and/or patronize
adult businesses.
2^ B. On July 15, 2009, the Planning Commission held a duly-noticed public
27 hearing during which it received input and testimony from the public concerning the subject of
28 adult businesses and this proposed Ordinance.
C. On , 2009, the City Council held a duly-noticed public
2 hearing during which it received input and testimony from the public concerning the subject of
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regulation of adult businesses and this proposed Ordinance.
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D. The City Council, in adopting this Ordinance, takes legislative notice of
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the existence and content of the following studies and reports concerning the adverse
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secondary effects of adult businesses in other cities: Garden Grove, California (1991); Tucson,
Arizona (1990); Seattle, Washington, Department of Construction and Land Use (1989); Austin,
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o Texas, Office of Land Development Services (1986); Oklahoma City, Oklahoma (1986);
IQ Indianapolis, Indiana, Department of Metropolitan Development (1984); Houston, Texas, City
11 Council Report (1997); Beaumont, Texas (1982); Report of the Attorney General's Working
12 Group on the Regulation of Sexually Oriented Businesses, State of Minnesota (1989); Phoenix,
13 Arizona (1979); Los Angeles, California, Department of City Planning (1977); Amarillo, Texas,
14 Planning Department (1977); and Cleveland, Ohio (1977); New York, New York (1994);
15 Newport News, Virginia (1996); Times Square, New York City (1994); Whittier, California
l^ (1978); and 1986 Attorney General's Report on Pornography. The City Council also takes
17 legislative notice of the existence and content of the following additional studies and reports
18 concerning the adverse secondary effects of adult businesses: A Methodological Critique of the
19 Linz-Paul Report: A Report to the San Diego City Attorney's Office (2003); Sexually Oriented
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Businesses: An Insider's View - Testimony of David Sherman before the Michigan House
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Committee on Ethics and Constitutional Law (2000); Stripclubs According to Strippers: Exposing
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Workplace Sexual Violence (1998); and Summaries of Key Reports Concerning the Negative
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Secondary Effects of Sexually Oriented Businesses, by Louis Comus III; Closin' Time: Effective
Regulation of Adult Businesses' Hours of Operation, by Scott Bergthold (2000); Peep Show
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2ft Establishments, Police Activity, Public Place and Time: A Study of Secondary Effects in San
27 Diego, California, by Daniel Linz ef a/. (2006); and Do Peep-shows "Cause" Crime? A response
28 to Linz, Paul, and Yao, by Richard McCleary et al. (2006). The City Council finds that these
studies and reports are relevant to the problems addressed by the City in enacting this
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Ordinance to regulate the adverse secondary effects of adult businesses and more specifically
2 finds that these studies provide convincing evidence that:
3 1. There is substantial evidence that an increase in crime tends to
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accompany, concentrate around, and be aggravated by adult businesses, including but not
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limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and
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violence against persons and property. The studies from other cities establish by convincing
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evidence that adult businesses that are not regulated with locational criteria often have a
deleterious effect on nearby businesses and residential areas, causing, among other adverse
, Q secondary effects, an increase in crime and a decrease in property values.
U 2. Regulations for adult businesses should be developed to prevent
12 deterioration and/or degradation of the vitality of the community before the problem exists,
13 rather than waiting for problems to be created.
14 E. In developing this Ordinance, the City Council is mindful of legal
15 principles relating to regulation of adult businesses, and the City Council does not intend to
16 suppress or infringe upon any expressive activities protected by the First Amendment of the
17 United States and California Constitutions but instead desires to enact reasonable time, place,
18 and manner regulations that address the adverse secondary effects of adult businesses. The
19 City Council has considered decisions of the United States Supreme Court regarding local
20 regulation of adult businesses, including but not limited to: City of Littleton, Colorado v. Z.J. Gifts
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D-4, 541 U.S. 744, 124 S.Ct. 2219, 159 L.Ed.2d 84 (2004); City of Los Angeles v. Alameda
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Books, 535 U.S. 425, 122 S. Ct. 1728, 152 LEd.2d 670 (2002); City of Erie v. Pap's A.M.
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("Kandyland"), 529 U.S. 277, 120 S.Ct. 1382, 146 L.Ed.2d 265 (2000); Barnes v. Glen Theatre,
Inc., 501 U.S. 560, 111 S.Ct. 2456, 115 LEd.2d 504 (1991); FW/PBS, Inc. v. City of Dallas, 493
2 U.S. 215, 110 S.Ct. 596, 107 L.Ed.2d 603 (1990); City of Renton v. Playtime Theatres, Inc., 475
27 U.S. 41, 106 S.Ct. 925, 89 LEd.2d 29 (1986); and Young v. American Mini Theaters, Inc., 427
28 U.S. 50, 96 S.Ct. 2440, 49 LEd.2d 310 (1976); decisions of the United States Court of Appeals
for the Ninth Circuit, including but not limited to: Gammon v. La Habra, 395 F.3d 1114 (9th Cir.
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2005), modified 402 F.3d 875; Dream Palace v. County of Maricopa, 384 F.3d 990 (9th Cir.
2 2004); World Wide Video, v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Center for Fair
Public Policy v. Maricopa County, 336 F.3d 1153 (9th Cir. 2003); Diamond v. City of Taft, 215
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F.3d 1052 (9th Cir. 2000), cert, denied 531 U.S. 1072 (2001); Young v. City of Simi Valley, 216
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F.3d 807 (9th Cir. 2000), cert, denied 531 U.S. 1104 (2001); Lim v. City of Long Beach, 217
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F.3d 1050 (9th Cir. 2000), cert, denied 121 S.Ct. 1189 (2001); Baby Tarn & Co., Inc. v. City of
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Las Vegas ("Baby Tarn I"), 154 F.3d 1097 (9th Cir. 1998); Baby Tarn & Co., Inc. v. City of Las8
Vegas ("Baby Tarn II"), 199 F.3d 1111 (9th Cir. 2000); Baby Tarn & Co., Inc. v. City of Las
1Q Vegas ("Baby Tarn III"), 247 F.3d 1003 (9th Cir. 2001); 4805 Convoy, Inc. v. City of San Diego,
jl 183 F.3d 1108 (9th Cir. 1999); Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524
12 (9th Cir. 1993), cert, denied 511 U.S. 1030 (1994); Kev, Inc. v. Kitsap County, 793 F.2d 1053
13 (9th Cir. 1986); Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998), cert, denied 529 U.S.
14 1053 (2000); several California cases, including but not limited to: Tily B., Inc. v. City of Newport
15 Beach, 69 Cal.App.4th 1 (1998); City of National City v. Wiener, 3 Cal.4th 832 (1993), cert.
16 denied 510 U.S. 824; People v. Superior Court (Lucero) 49 Cal.Sd 14 (1989); Department of
17 Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board of California
18 ("Vicary"), 99 Cal.App.4th 880 (2002); City of Vallejo v. Adult Books, 167 Cal.App.3d 1169
19 (1985), cert, denied 475 U.S. 1064 (1986); Isbell v. City of San Diego, 450 F.Supp.2d 1143
20 (S.D.Cal); and other federal cases, including but not limited to: Doctor John's, Inc. v. City of
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Roy, 465 F.3d 1150 (10th Cir. 2006); G.M. Enterprises v. Town of St. Joseph, 350 F.3d 631,
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639 (7th Cir. 2003); SOB, Inc. v. County of Benton, 317 F.3d 856, 863 (8th Cir. 2003); DiMa
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Corp. v. Town of Hallie, 185 F.3d 823 (7th Cir. 1999); Rich/and Bookmart, Inc. v. Nichols, 13724
F.3d 435 (6th Cir. 1998); Tee & Bee v. City ofWestAllis, 936 F.Supp. 1479 (E.D. Wis. 1996);
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. , National Amusements, Inc. v. Town of Dedham, 43 F.3d 731 (1st Cir. 1995); TK's Video, Inc. v.26
27 Denton County, Tex., 24 F.3d 705 (5th Cir. 1994); N.W. Enterprises, Inc. v. City of Houston, 372
28 F.3d 333 (5th Cir. 2004); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997); N.W.
Enterprises, Inc. v. City of Houston, 352 F.3d 162 (5th Cir. 2003); Hang On, Inc. v. City of
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1 Arlington, 65 F.3d 1248 (5th Cir. 1995); Mitchell v. Commission on Adult Entertainment, 10 F.3d
2 123 (3rd Cir. 1993); Lakeland Lounge v. City of Jacksonville, 973 F.2d 1255 (5th Cir. 1992),
cert, denied 507 U.S. 1030 (1993); International Eateries v. Broward County, 941 F.2d 1157
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(11th Cir. 1991), cert, denied 503 U.S. 920 (1992); and Star Satellite, Inc. v. City of Biloxi, 779
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F.2d 1074 (5th Cir. 1986).
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F. In addition to the findings and studies conducted in other cities regarding
increases in crime rates, decreases in property values and the blighting of areas in which such
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g businesses are located, the City Council takes legislative notice of the following: (1) the facts
10 recited in the case of Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986), regarding how
1 1 live adult entertainment results in secondary effects such as prostitution, drug dealing, and other
12 law enforcement problems; and (2) the facts and holding of the case of Gammoh v. La Habra,
13 395 F.3d 1114 (9th Cir. 2005), modified 402 F.3d 875, wherein the Ninth Circuit recognized that<r
14 off-stage performances by performers who also perform nude and/or semi-nude at an adult
15 establishment can cause the same secondary effects as other activities documented in studies
16 and case law regarding adult establishments, even if the performer is clothed and the
17 establishment does not serve alcohol.
18 G. The City Council further finds the following, based in part upon its
19 understanding of the documents, including but not limited to the experiences of Carlsbad, the
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declarations of police officers in Anaheim and La Habra setting forth their experiences, and
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judicial decisions in the public record:
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1. Evidence indicates that some dancers, models, entertainers, performers,
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and other persons who publicly perform specified sexual activities or publicly display specified
anatomical areas in adult businesses (collectively referred to as "performers") have been found
2/- to engage in sexual activities with patrons of adult businesses on the site of the adult business.
27 2. Evidence has demonstrated that performers employed by adult
28 businesses have been found to offer and provide private shows to patrons who, for a price, are
permitted to observe and participate with the performers in live sex shows.
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3. Evidence indicates that performers at adult businesses have been found
2 to engage in acts of prostitution with patrons of the establishment.
4. Evidence indicates that fully enclosed booths, individual viewing areas,
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and other small rooms whose interiors cannot be seen from public areas of the establishment
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regularly have been found to be used as locations for engaging in unlawful sexual activity.
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5. The public health, safety, welfare, and morals of all persons in the City
must be protected to diminish the possibility of infection of contagious diseases.
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H. The City Council is cognizant of the specific danger from the sexually
JQ transmitted disease AIDS, which is currently irreversible and fatal. The City Council takes
1 1 legislative notice of the AIDS Surveillance Report dated September 30, 2005, by the County of
12 San Diego Health and Human Services Agency, Division of AIDS and Community Epidemiology
13 ("AIDS Surveillance Report") and the report entitled San Diego County HIV/AIDS Status dated
14 June 2000, also by the County of San Diego Health and Human Services Agency ("AIDS Status
15 Report"). According to the AIDS Surveillance Report, 12,504 AIDS cases were reported
16 throughout the County through September 30, 2005, 224 of which were reported in the first
7 three quarters of 2005, 396 of which were reported in 2004, and 425 of which were reported in
18 2003. The City also takes legislative notice of the County of Orange Communicable Disease
19 Summary July 2002, County of Orange Health Care Agency, issued January 2002
20 ("Communicable Disease Summary"). The Communicable Disease Summary states that 5,746
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cases of AIDS were reported in Orange County between 1982 and 2000. In 1998, 322 cases of
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AIDS were reported in Orange County, a 5% increase over the 3,073 reported cases in 1999.
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As of December 1998, an estimated 2,345 residents of Orange County were living with AIDS,
over double the number six years prior. As of December 2000, an estimated 6,800 Orange
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0, County residents were living with HIV or AIDS.2,b
27 I. The City is also concerned with preventing the spread of other sexually
28 transmitted diseases such as syphilis, gonorrhea and chlamydia and hepatitis B. The
Communicable Disease Summary further indicates that between 1996 and 2000, 1,053 cases of
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syphilis were reported, 2,557 cases of gonorrhea were reported, and 18,948 cases of chlamydia
2 were reported in the County. The City also takes legislative notice of the STD Fact Sheet of
3 2005 by the County of San Diego Health and Human Services Agency ("STD Fact Sheet"), the
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1998-2007 Reportable Diseases and Conditions Provisional Data ("1998-2007 Reportable
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Diseases Data"), also published by the County of San Diego Health and Human Services
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Agency, dated April 2004, and the Sexually Transmitted Diseases Annual Summary, San Diego
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County, 1993-1994, by the Sexually Transmitted Disease Control Program, dated December
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1995 ("STD Annual Summary"). According to the STD Fact Sheet and the 1993-2003
1 p. Reportable Diseases Data, 838 cases of syphilis were reported throughout the County between
U 1993 and 2004, 142 of which were reported in 2004, a 21% increase from the 117 reported in
12 2003. With respect to gonorrhea, 25,039 cases of gonorrhea were reported between 1993 and
13 2004, 2,376 of which were reported in 2004, a 20% increase from the 1972 cases reported in
14 2003. The number of cases of chlamydia reported within the County dramatically exceeds the
15 number of reported cases of syphilis and gonorrhea: 95,159 cases were reported between 1993
16 and 2004, 10,822 of which were reported in 2004, a six percent increase from the 10,249 cases
17 reported in 2003. It should also be noted that according to the AIDS Status Report, numerous
1 8 studies have shown that sexually transmitted diseases such as syphilis, gonorrhea and
19 chlamydia facilitate the transmission of HIV.
20 The City Council has a reasonable basis to believe that the experiences of both
21 San Diego County and Orange County as to these sexually transmitted or blood borne diseases
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are relevant to the experiences of Carlsbad.
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J. The City Council also finds the establishment of locational standards for
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adult businesses is a legitimate and reasonable means of ensuring that the recognized adverse
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„, secondary impacts of a proposed adult business are mitigated. The City Council further26
27 recognizes that the regulation of adult uses in and of itself is not sufficient to preclude the above
2g noted secondary effects and that zoning restrictions on the location of such facilities are
necessary in order to combat these secondary effects. In addition to the cases noted above,
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the City further finds the facts recited in the following case is relevant to the City's experience:
2 In re Tennessee Public Indecency Statute, 172 F.3d 873 (6th Cir. 1999), cert, denied 529 U.S.
1052 (2000) [holding that the secondary effects rationale is applicable to sex oriented
4 businesses already subject to an ordinance requiring a six foot buffer zone between performers
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and patrons, and forbidding alcohol consumption; while the possibility of disease and violence
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may be diminished by the distance restriction and lack of alcohol, the associated crime effects
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still exist]. The City has a reasonable basis to believe this in light of the record from sister8
jurisdictions of enforcement problems at such facilities and the judicial case law that both
1Q operational standards and zoning limitations are necessary to combat the deleterious secondary
j j effects from adult businesses.
12 K. Locational criteria are a legitimate and reasonable means of ensuring that
13 adult businesses are conducted in a manner so as to minimize their adverse secondary effects
14 and to thereby protect the health, safety, and welfare of Carlsbad residents, protect citizens
15 from increased crime, preserve the quality of life, preserve property values and the character of
16 surrounding neighborhoods and businesses, and deter the spread of urban blight. The
1 7 locational requirements contained in this Ordinance do not unreasonably restrict the
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establishment or operation of constitutionally protected adult businesses in the City of Carlsbad
19 and a sufficient and reasonable number of alternative locations for adult businesses are
20 provided by this Ordinance. The City Council takes legislative notice of the United States
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Supreme Court decision in Renton that requires the City provide adult businesses a reasonable
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opportunity to open and operate. The City Council also takes legislative notice of the Ninth
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Circuit's decisions in Topanga Press, Lim and Isbell with respect to availability of sites for adult
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businesses and finds that under the distance and locational restrictions imposed by this
-, Ordinance there are sufficient sites available for adult businesses within the City,zo
27 L. The City Council recognizes that these locational criteria do not preclude
28 reasonable alternative avenues of communication. Adult businesses are permitted to locate in
designated zones that meet the distance requirements. The City Council takes note of the
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proliferation of adult material on the Internet, satellite television, direct television, CDs, DVDs,
2 and that these various media provide alternative avenues of communication. The City Council
3 also considers and relies on published decisions examining the proliferation of communications
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on the Internet. Reno v. American Civil Liberties Union, 521 U.S. 844, 117 S.Ct. 2329, 138
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L.Ed.2d 874 (1997) [the principal channel through which many Americans now transmit and
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receive sexually explicit communication is the Internet]; Anheuser-Busch v. Schmoke, 101 F.3d
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325 (4th Cir. 1996), cert, denied 520 U.S. 1204 (1997) [the Fourth Circuit rejected a First8
Amendment challenge to a Baltimore ordinance restricting alcohol advertisements on billboards
lr) acknowledging that the Internet is one available channel of communication]; U.S. v. Hockings,
n 129 F.3d 1069 (9th Cir. 1997); see also U.S. v. Thomas, 74 F.3d 701 (6th Cir. 1996), cert.
\2 denied 519 U.S. 820 [recognizing the Internet as a medium for transmission of sexually explicit
13 material in the context of obscenity prosecutions]. The emergence of the Internet brings with it
14 a virtually unlimited additional source of adult oriented sexual materials available to interested
15 persons in every community with a mere keystroke. An adult business no longer has to be
16 "actually" physically located in a city to be available in the community.
' M. This Ordinance is further justified by the fact that without these locational
18 regulations the City will be prohibited from furthering its substantial governmental interest in
19 protecting its residents from the aforementioned deleterious secondary effects of adult use
20 businesses.
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N. The City further finds that definite and specified locational requirements
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are necessary between an adult business and residential uses, schools, child day care centers,
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religious institutions, or active parks (collectively "sensitive uses") in order to (1) ensure that the
adverse secondary effects on these sensitive uses caused by adult businesses are mitigated to
2^ the maximum extent possible; (2) prevent ad hoc decisions with respect to a potential adult
2y business site which does not meet the City's locational criteria; and (3) provide certainty to the
2g residents of the City along with the adult business operators with respect to potential adult use
sites.
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O. The City Council recognizes the possible harmful effects on children and
2 minors exposed to the secondary effects of adult businesses and recognizes the need to enact
3 regulations which will minimize and/or eliminate such exposure. The City Council takes
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legislative notice of the Penal Code provisions authorizing local governments to regulate matter
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that is harmful to minors (i.e., Penal Code § 313 et seq.). The City Council further takes
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legislative notice of the cases that recognize that protection of minors from sexually explicit
materials is a compelling government interest, including Crawford v. Lungren, 96 F.3d 380 (9th8
„ Cir. 1996), cert, denied 520 U.S. 1117 (1997) and Berry v. City of Santa Barbara, 40
10 Cal.App.4th 1075 (1995).
\l P. While the City Council is obligated to protect the rights conferred by the
12 United States Constitution to adult businesses, it does so in a manner that ensures the
13 continued and orderly use and development of property within the City and diminishes, to the
14 greatest extent feasible, those undesirable adverse secondary effects which the above
15 mentioned studies have shown to be associated with the operation of adult businesses.
Q. The City Council recognizes that numerous courts have found the
17 definition of an adult business based on the "regular and substantial course of conduct"
18 standard provides sufficient guidance for people of ordinary intelligence to know whether the
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adult business regulations apply to them and for law enforcement personnel to enforce the
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provisions of the ordinance, including People v. Superior Court (Lucero) 49 Cal.Sd 14 (1989),
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and Doctor John's v. City of Roy, 465 F.3d 1150 (10th Cir. 2006). These cases have specifically
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held that the "regular and substantial" standard is constitutionally sound and not
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unconstitutionally vague. (Id.) The City Council is mindful that identification of specific
~<- percentages of floor space or inventory often leads to creative manipulation of inventory and
26 floor space numbers by adult business owners and operators to avoid application of the
27 ordinance.
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R. It is not the intent of the City Council of the City of Carlsbad in enacting
2 this Ordinance or any provision thereof to condone or legitimize the distribution of obscene
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material, and the City and its Council recognize that State law prohibits the distribution of
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obscene materials and expect and encourage law enforcement officials to enforce State
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obscenity statutes against such illegal activities in Carlsbad.
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S. The City Council does not intend to regulate in any area preempted by
California law, including but not limited to, regulation of obscene speech, nor is it the intent ofo
o the City Council to preempt regulations of the State Alcoholic Beverage Control ("ABC").
10 T. Nothing in this Ordinance is intended to authorize, legalize, or permit the
11 establishment, operation, or maintenance of any business, building, or use which violates any
12 City ordinance or any statute of the State of California regarding public nuisances, unlawful or
13 indecent exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or
14 public display thereof.
U. The locational standards are necessary in order to protect the public
health, safety and welfare by reducing the adverse secondary effects associated with adult use
17 ^ •businesses.
18
V. Licensing permits, locational restrictions and operating standards are a
19
legitimate and reasonable means of ensuring that adult businesses are conducted in a manner
20
so as to minimize their adverse secondary effects and to help assure that such operators,
21
businesses, licensees and permittees comply with reasonable regulations related to such
requirements to minimize and control problems associated with such businesses and thereby
£*3
24 protect the health, safety, and welfare of Carlsbad residents, protect citizens from increased
25 crime, preserve the quality of life, and preserve the character of surrounding neighborhoods and
26 businesses, and deter the spread of urban blight. The zoning and operational requirements
27 contained in this ordinance do not unreasonably restrict the establishment or operation of
28 constitutionally protected adult businesses in Carlsbad.
-11-
W. The City Council does not intend to regulate in any area preempted by
2 California law including, but not limited to, regulation of obscene speech, nor is it the intent of
3 the City Council to preempt regulations of the state Alcoholic Beverage Control ("ABC").
4
X. Nothing in this ordinance is intended to authorize, legalize, or permit the
5
establishment, operation, or maintenance of any business, building, or use which violates any
6
city ordinance or any statute of the State of California regarding public nuisances, unlawful or
7
indecent exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or
8
public display thereof.
, ~ Y. That the proposed Zone Code Amendment, ZCA 06-02, is consistent with
j j the adopted Airport Land Use Compatibility Plan for the McClellan-Palomar Airport (ALUCP),
12 dated October 2004, in that:
13 1. The proposed Zone Code Amendment does not involve any land use
14 changes within the Airport Influence Area and therefore does not affect compatibility with the
15 safety and noise criteria; and,
16 2. The proposed zone code amendment does not allow adult businesses in
17 any zone or on any site where they were not allowed previous to the adoption of this ordinance,
1 8 nor propose any regulation that will conflict with the applicability of the ALUCP.
19 SECTION II. AMENDMENT OF CODE. Section 21.06.015 of the Carlsbad
20 Municipal Code is amended to read as follows:
21
21.06.015 Application of Q Zone
22
A. It is intended that the Q zone be placed on properties with unique circumstances.
23
Examples of situations that are considered unique include but are not limited to the following:
24
1. Special treatment areas as indicated in the general plan;
2. Commercial zones that are in close proximity and relationship with residentially26
~7 zoned properties;
3. Property proposed to be developed within a floodplain;
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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 Q zone.
SECTION III. AMENDMENT OF CODE. Table A of Section 21.30.010 of the
Carlsbad Municipal Code is amended to read 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 || P J| CUP |[ ACC
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 21.42.140(B)(15))
(defined: Section 21.04.091)
X
X
3
3
2
3
2
1
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2
3
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5
6
7
8
9
10
11
12
13
14
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16
17
18
19
20
21
22
23
24
25
26
27
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USE
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 21.42.140(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
Cleaning and dyeing plants
Columbariums, crematories, and mausoleums (not within a
cemetery)
Delicatessen (defined: Section 21.04.106)
P
X
X
X
X
X
X
X
X
X
X
X
X
CUP
2
2
2
2
3
2
2
2
ACC
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6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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USE
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 21.42.140(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)
P
X
X
X
X
X
X
X
X
X
CUP
2
2
3
2
2
1
3
2
2
2
ACC
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6
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8
9
10
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12
13
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USE
Mortuaries
Musical instruments, manufacture of
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))
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)(110))
(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(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
Restaurants (bona fide public eating establishment) (defined:
Section 21. 04.056)
Satellite antennae (>1 per use) (defined: Section 21.04.302)
P_|[ CUP J^ACC
X
X
X
X
2
2
3
1
1
3
2
2
2
2
2
1
1
1
2
2
1
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7
8
9
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USE JLP || CUP || ACC
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
Transit passenger terminals (bus and train)
Transit storage (ex. rolling stock)
Veterinary clinic/animal hospital (small animals) (defined:
Section 2 1.04. 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)(1 65)) (defined: Section 21.04.379)
Zoos (private) (subject to Section 21.42. 140(B)(170)) (defined:
Section 2 1.04.400)
X
X
X
X
X
3
3
2
2
2
2
1
2
1 12
2
Note:
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.
SECTION IV. AMENDMENT OF CODE. Table A of Section 21.32.010 of the
Carlsbad Municipal Code is amended to read as follows:
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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
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
p ILcup
X
X
X
X
X
X
3
3
2
X
2
2
2
2
ACC
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USE j| P
Bottling plants
Breweries
Campsites (overnight) (subject to Section 21.42.140(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 21.04.110)
Educational institutions or schools, public/private (defined: Section
21.04.140)
Electric or neon sign manufacture
Fairgrounds
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
X
X
X
X
X
X
X
X
X
X
X
X
X
CUP IACC
2
3
2
2
2
3
2
3
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USE J|_P ]| CUP
Gas stations (subject to Section 21.42.140(B)(65))
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)
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
X
X
X
X
X
2
2
1
3
2
2
2
2
2
2
2
2
3
1
1
3
ACC
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USE
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(B)(120)) (defined: Section 21.04.299)
Recycling collection facilities, large (subject to Chapter 2 1.1 05)
(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 per use) (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 21.42.140(B)(150))
Tire rebuilding, recapping and retreading
Transit passenger terminals (bus and train)
P
X
X
X
X
X
X
X
X
CUP
2
2
2
2
1
2
1
2
1
3
3
2
2
ACC
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USE
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))
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 2 1.04.400)
P
X
CUP
2
1
2
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2
ACC
Note:
1. 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.
SECTION V. AMENDMENT OF CODE. Table A of Section 21.34.020 of the
Carlsbad Municipal Code, is amended to read 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 8)
P
X
X
X
X
CUPjACC
X
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USE JL_P
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)
X
X
X
X
X
X
X
X
X
X
X
X
X
CUP
3
3
2
2
2
2
2
2
ACC
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USE || P || CUP
Blueprinters (see note 1 below)
Book printing and publishing
Bookbinding
Bookkeeping service (see note 1 below)
Building designers (see note 1 below)
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)
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
2
3
2
2
2
ACC
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8
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21
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23
24
25
26
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USE J| P
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)
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
CUP |[ACC
1
2
2
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7
8
9
10
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12
13
14
15
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20
21
22
23
24
25
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USE CUP ACC
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)
Geophysicists (see note 1 below)
Golf courses
Government contract consultants (see note 1 below)
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
3
2
2
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21
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26
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28
USE || P || CUPj^ACC
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)
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
1
3
2
2
2
2
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3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
USE
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 21.42.140(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
21.42.140(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
21.42.140(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)
P
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
CUP
2
2
2
3
1
1
ACC
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
USE || P || CUP
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 21.04.297)
Publicity services (see note 1 below)
Publishers representatives (see note 1 below)
Racetracks
Radio communications (see note 1 below)
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)
X
X
X
X
X
X
X
X
X
X
X
X
X
2
2
2
2
1
1
2
2
ACC
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1
2
3
4
5
6
7
8
9
10
11
.12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
USE || p J| CUP ||ACC
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)
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
3
2
2
1
3
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
USE J| P [[CUP |(ACC
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 1 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)
X
X
X
X
X
X
X
X
2
1
2
1 12
2
Note:
1. 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.
SECTION VI. AMENDMENT OF CODE. Chapter 21.43 of the Carlsbad
Municipal Code is hereby repealed in its entirety and replaced with the following:
Chapter 21.43
Adult Businesses
Sections:
21.43.010
21.43.020
Intent and purpose.
Definitions.
21.43.030 Location requirements for adult businesses.
21.43.040 Other requirements for adult businesses.
21.43.050 Violations.
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1 21.43.010 Intent and purpose.
2 A. The intent and purpose of this chapter is to regulate the location of adult
businesses, which is necessary due to the following:
1. Adult businesses tend to have judicially recognized adverse secondary effects on
the community, including but not limited to:
4 a. Increases in crime in the vicinity of adult businesses;
b. Decreases in property values in the vicinity of adult businesses;
5 c. Increases in vacancies in residential and commercial areas in the vicinity of adult
businesses;
6 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,
7 litter, noise, and vandalism; and
e. The deterioration of neighborhoods.
8 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
I „ constitutional rights of those individuals who desire to own, operate or patronize adult
businesses.
II 21.43.020 Definitions.
12 A. The definitions found in Section 8.60.020 of the Municipal Code are incorporated
herein by reference.
13 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
14 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
15 prevail.
1. "Child day care center" means any child day care facility as defined in Carlsbad
16 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,
, n basketball courts, tennis courts, handball and racquetball courts, horseshoes, and picnic
facilities.
20 3. "Religious institution/place of worship" means any portion of a building or
structure that is used primarily for religious worship and religious activities.
21 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,
22 including RL (Residential Low Density), RLM (Residential Low Medium Density), RM
(Residential Medium Density), RMH (Residential Medium High Density) and RH (Residential
23 High Density).
5. "Residential zone" means any property within the City that carries a zoning
24 designation permitting the location of a dwelling or dwellings, including R-A (Residential
Agricultural), R-E (Rural Residential Estate), R-1 (One-Family Residential), R-2 (Two-Family
25 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-
26 W-(Residential Waterway).
6. "School" means any institution of learning for minors, whether public or private,
offering instruction in those courses of study required by the California Education Code and/or
which is maintained pursuant to standards set by the Board of Education of 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 of education under the
jurisdiction of the California Department of Education. For the purposes of this Section, "school"
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does not include a vocational or professional institution of higher education, including a
2 community or junior college, college, or university.
3 21 .43.030 Location requirements for adult businesses.
A. Zones where adult businesses are permitted.
4 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
5 plan or master plan.
B. Distance requirements.
6 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
7 following:
a. Another adult business;
8 b. Child day care center;
c. Park;
d. Religious institution/place of worship;
e. Residential land use designation;
f. Residential zone; or
11 g. School;
2. For the purpose of measuring the distance requirements set forth in subsection
12 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:
13 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
14 subsection B.1 of this section is located.
3. The distance requirements established by subsection B.1. a of this section shall
15 apply to:
a. Any adult business operating as a legal conforming use with an approved adult
16 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.1 of this section shall
apply to those uses/designations/zones specified in subsections B.1.b through B.1.g of this
section that:
a. Are existing, or
20 b. Have received approval by the City for the use/zone/designation and said
approval has not expired or become invalid.
21 5. The distance requirements from the uses/designations/zones specified in
subsections B.lb through B.1.g of this section shall not apply to those uses/designations/zones
22 for which the City is reviewing but has not yet approved an application to establish the
use/designation/zone.
23 C. Other location requirements.
1 . An adult business that either: a) has an approved adult business license from the
24 city, but has not yet 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
25 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.
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21.43.040 Other requirements for adult businesses.
2 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.
4 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
5 the city unless the location requirements specified in Section 21.43.030 are satisfied.
6 21.43.050 Violations.
A. Any owner, operator, manager, employee or independent contractor of an adult
7 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.
0 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
1 declared to constitute a public nuisance and, as such, may be abated or enjoined from further
operation.
12 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
13 impose a criminal penalty for violations of the provisions of this ordinance related to adult
businesses.
14
SECTION VII. AMENDMENT OF CODE. Section 21.44.080 of the Carlsbad
15
Municipal Code is amended to read as follows:
16
21.44.080 Joint use of off-street parking facilities.
A. Joint use of off-street parking facilities shall be allowed for uses or activities listed
in subsection A.1 of this section, subject to the requirements of subsection A.2 of this section.
1. Uses or activities.
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
20 primarily a nighttime use;
b. Up to 50% of the parking facilities required by this chapter for a use considered
21 to be primarily a nighttime use may be provided by the parking facilities of a use considered to
be primarily a daytime use;
22 c. 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
23 use considered to be primarily a daytime use;
d. Up to 50% of the parking facilities required by this chapter for a church may be
24 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;
25 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;
'7 f. The following uses are typical of nighttime uses: dance halls, theaters and bars.
2. Requirements for joint use of off-street parking.
20 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.
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b. The buildings or uses associated with the joint use of a parking facility shall be
2 located within 150 feet of such parking facility;
c. The application shall show that there is no substantial conflict in the principal
3 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
4 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,
5 shall be recorded in the office of the county recorder and copies thereof filed with the planning
director.
6
SECTION VIII. SEVERABILITY CLAUSE. If any section, subsection, sentence,
7
clause, phrase or part of this ordinance is for any reason held to be invalid or unconstitutional by8
the final decision of any court of competent jurisdiction, such decision shall not affect the validity
. 0 of the remaining parts of this ordinance. The City Council hereby declares that it would have
11 adopted this ordinance and each section, subsection, sentence, clause, phrase or part thereof
12 irrespective of the fact that any one or more of the sections, subsections, sentences, clauses,
13 phrases or parts are declared invalid or unconstitutional.
14 SECTION IX. EFFECTIVE DATE FOR PROPERTIES LOCATED IN THE
15 COASTAL ZONE. This Ordinance shall be effective no sooner than thirty (30) days after its
16 adoption but not until approved by the California Coastal Commission, and the City Clerk shall
17 certify the adoption of this Ordinance and cause it to be published at least once in a newspaper
1 8 of general circulation in the City of Carlsbad within fifteen (15) days after its adoption.
19
20 SECTION X. EFFECTIVE DATE FOR PROPERTIES LOCATED OUTSIDE THE
21 COASTAL ZONE. This Ordinance shall be effective no sooner than thirty (30) days after its
22 adoption and the City Clerk shall certify the adoption of this Ordinance and cause it to be
23 published at least once in a newspaper of general circulation in the City of Carlsbad within
24 fifteen (15) days after its adoption.
25 ///
26 ///
27 ///
28 ///
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1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
2 Council on the day of , 2009, and thereafter
3 "
4 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
5 Carlsbad on the day of , 2009, by the following vote, to wit:
6
AYES:
7
NOES:
8
ABSENT:
9
ABSTAIN:
11
12 APPROVED AS TO FORM AND LEGALITY
13
14 RONALD R. BALL, City Attorney
15
16
CLAUDE A. LEWIS, Mayor
18 ATTEST:
19
20 LORRAINE M. WOOD, City Clerk
21 (SEAL)
22"
23
24
25
26
27
28
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