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Home My WebLink About1986-10-07; City Council; 8780; Ordinance requirements for use premitsCI"-' OF CARLSBAD - AGENI- BILL 9B#JZd?D- MTG>0/7/86 DEPT. CA c\I 4 co m TITLE: ORDINANCE AMENDING PERMIT REQUIREMENTS FOR USE PERWITS AFFECTING FIRST AMENDmNT ACTIVITIES 0 2 a co I r- I 0 4 i3 w 1 0 a e e < .. z 0 E a DEPT. HD.' CITY ATTY m ICITY MGR- RECOMMENDED ACTION: Introduce Ordinance No. vp/2. ITEM EXPLANATION Recent court cases have indicated that general health, safety and welfare standards cannot be applied to permits which effect First Amendment activities. These activities include such things as theaters, bookstores, and cabarets. The purpose of this amendment is to eliminate the infirmity in the Carlsbad Municipal Code caused by language which would appear to allow the City to apply general health, safety and welfare standards to permits which effect First Amendment activities. Although the City Attorney's office has advised the Planning staff that such standards cannot be applied and the Planning staff has not in fact applied such standards to those types of permits the mere existence of the possibility in the ordinance creates a situation which could expose the City to liability. This amendment will allow the City to apply objective and specific criteria to buildings and uses where First Amendment activities may occur but will eliminate the highly discretionary health, safety and welfare requirements. The ordinance also clarifies the definition of an adult bookstore for the purposes of the adult entertainment ordinance in the manner which is consistent with recently decided court decisions. Currently, the Carlsbad ordinance contains a vague reference to the amount of adult literature which may be contained in a bookstore before it becomes an adult bookstore subject to higher regulatory standards. The courts have interpreted this vague language to create a 50 percent rule. The new ordinance will create a 25 percent rule which the courts have upheld and which is applied by cities within the county. FISCAL IMPACT None EXHIBIT Ordinance No. 9P)a 1 2 2 4 5 E 7 E 9 1c 11 12 9 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9817 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER 21.42 0F"THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.42.020 AND TITLE 21, CHAPTER 21.43 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.43.020(5) TO MODIFY THE STANDARDS OF REVIEW FOR CERTAIN PEWITS WHICH INVOLVE FIRST AMENDMENT ACTIVITIES. The City Council of the City of CarlSbad, California does ordain as follows: SECTION 1: That Title 21, Chapter 21.42 of the Carlshad Municipal Code is amended by the addition of Section 21.42.020(5) to read as follows: "(5) When the subject of the application for conditional use permit is protected by the First Amendment to the United States Constitution, or Article I, Section 2 of the California Constitution then only the definite objective guidelines and standards of this chapter and of any other chapter of this code applicable to the property shall apply. The general health, safety and welfare requirements of subsection (1) shall not apply and any requirements of this code which may not be constitutionally applied shall be severed from the requirements which may be constitutionally applied and those applicable shall remain in full force and effect." SECTION 2: That Title 21, Chapter 21.43 of the Carlsbad Municipal Code is amended by the amendment of Section 21.43.020(5) to delete the words "as a substantial portion" and /// /// /// /// 1 t t r i t I 13 1E 19 20 21 22 23 24 25 26 27 28 replace them with the words "25 percent or mre" in the first sentence of that subsection. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 7th day Of Oc-nhpr I 1986, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 14th day of October , 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None APPROVED ASm FORW-AND LEGALITY ATTE ST :