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HomeMy WebLinkAbout1979-07-03; City Council; 5846-1; Adult entertainment ordinance/ .£ CITY OF CARLSBAD • /^ AGENDA BILL NO. 5846 - Supplement #1 DATE: JULY 3- 1979 DEPARTMENT: Redevelopment (Planning) _ C. Mgr. /s/ Subject: ADULT ENTERTAINMENT ORDINANCE (zCA - /// Statement of the Matter ADULT ENTERTAINMENT (Public Hearing) At its meeting of August 2, 1977, the City Council adopted Ordinance No. 9486, an interim urgency Ordinance, prohibiting certain uses, in the. downtown redevelop- ment study area. At its meeting of August 1, 1978, Council extended the Ordinanc< provision for one year, as provided by law, to permit completion of regulatory documents. On May 15, 1979, Council referred this matter to Planning Commission for hearing. The attached report (Exhibit #1) notes the action of the Commission and contains its Resolution recommending adoption. The Ordinance separates adult uses which have a sexual nature from those adult uses which do not. In addition, certain other types of uses, which are not strictly limited to adult entertainment, are also included within the regulatory provisions. By permitting these uses conditionally, greater control can be exercised to ensure that these uses do not lead to deterioration of the neighborhood. _ In summary, this Adult Entertainment Ordinance balances the need of the City to protect the health, safety and welfare of its citizens with an individual's ability to utilize his property. MASSAGE ORDINANCE REVISIONS Included with the above item, although not requiring a public hearing, is an Ordinance making certain amendments to the "Massage Ordinance" contained in Title 5 of the Municipal Code. These changes are recommended as a part of this item due to the relationship between massage and adult entertainment. The proposed changes simply reflect the most recent approaches taken by other agencies to strengthen regulations in this area. Since the changes do not involve zoning issues and only impact business licensing and regulation, the Planning Commission did not consider this item. The Assistant City Attorney will address the item. EXHIBIT. Report to the City Manager, dated June 26, 1979 with Attachment 1 (excerpts of Planning Commission Minutes), Attachment 2 (Planning Commission Resolution 1526), Attachment 3 (Ordinance 6059), and Attachment 4 (Ordinance 9527) RECOMMENDATION If the proposed Ordinance No. 9527 (Attachment #4)fulfills the intent of City Council, and after hearing all public testimony Council concurs with the Planning Commission recommendation, Council should introduce Ordinance No. 9527 (Adult Entertainment Ordinance). "~ If~"Co~uncil concurs with the recommendation of the City Attorney's Office regard- ing the Massage Ordinance (Attachment #3), it should introduce Ordinance No. 6059, Page Two of Agenda Bill No. 5846 - Supplement #1 heard on July 3, 1979 Council Action 7-3-79: Council introduced Ordinance No. 9527 Council introduced Ordinance No. 6059 7-17-79 Council adopted Ordinance No. 9527 Council adopted Ordiannce No. 6059