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Home My WebLink About2009-10-06; City Council; 19984; Adult businesses ordinanceCITY OF CARLSBAD - AGENDA BILL 10 AB# 1 9.984 MTG. 10/06/09 DEPT. PLN ADULT BUSINESSES ORDINANCE ZCA 06-02/LCPA 06-04 DEPT. HEAD W/l CITY ATTY. <&&• CITY MGR. U>- - RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. cs-osa APPROVING by: 1) amending chapter 21.06 to exempt adultamendments to the Zoning Ordinance 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, and ADOPT Resolution No. 2009-242 APPROVING an amendment to the Local Coastal Program to ensure contained therein. ITEM EXPLANATION: consistency with the Zoning Ordinance, based upon the findings Project ZCA 06-02 LCPA 06-04 Planning Commission RA RA City Council X X Coastal Commission ** • RA = Recommended adoption/approval X = Final City decision-making authority • = Requires Coastal Commission approval ** = Will not become effective within the coastal zone until the Coastal Commission approves LCPA 06-04 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. Certain adult businesses such as adult bookstores, adult videos stores and adult live entertainment are protected by the First Amendment of the United States Constitution, and the United States Supreme Court has upheld the ability for jurisdictions to regulate the time, place and manner of adult businesses in order to address the secondary effects associated with such businesses. In July 2005, the City Council adopted Ordinance NS-761, establishing licensing and operating standards regulating the time and manner for which adult businesses and adult business performers are permitted to operate. The proposed Zone Code and Local Coastal Program Amendments establish the "place" standards for adult businesses by regulating DEPARTMENT CONTACT: Kevin Pointer 760-602-4620 kevin.pointer@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED B D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D Page 2 where adult businesses can be located. In combination with time and manner standards (established in 2005), the proposed "place" standards will ensure the City's comprehensive regulation of adult businesses. The First Amendment protection of certain adult businesses precludes a city from completely prohibiting such 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. To insure 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. As well, staff has extensively analyzed the City's zoning regulations and provisions that affect the location of adult businesses. Staff has also toured the areas where adult businesses are proposed to be permitted and determined the potential sites can accommodate a commercial use, are reasonably accessible to the general public, and have proper infrastructure to accommodate adult businesses. The proposed Ordinance will result in amendments to the City's existing location requirements for adult businesses, as follows: • Zones where Adult Businesses are Permitted o The existing adult business regulations permit adult businesses within the C-1 (Neighborhood Commercial), C-2 (General Commercial), C-M (Heavy Commercial-Limited Industrial), M (Industrial), P-M (Planned Industrial) and P-U (Public Utility) Zones. o As proposed, adult businesses will no longer be permitted within the C-1, C-2, and P-U Zones, but will continue to be permitted within the C-M, M, and P-M Zones. • Buffer Requirements o The existing adult business regulations prohibit adult businesses from locating at properties that are within 1,000 feet of other properties containing specific "sensitive" uses, or another adult business. o 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. o 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. As a result of the proposed location requirements, implementation of the Ordinance will generate a total of 52 individual sites where an adult business could locate (one site less than the 53 sites that result from the existing adult business regulations). Although 52 sites would be available to the first adult business locating within the City, application of buffer requirements (1,000 between adult businesses) will preclude more than 9 concurrently established adult businesses. The 52 sites that result from the proposed adult business regulations provide reasonable opportunities (as required by the First Amendment) for adult businesses to locate in Page3 Carlsbad. The 52 sites are considered "reasonable" based on the amount of land in Carlsbad where commercial uses are permitted, as well as the market demand for adult businesses in Carlsbad. The City's business license records indicate that the City has not received any applications to permit an adult business since at least 1999. It is also appears that the City has not received an application to permit an adult business since adult business permitting requirements were adopted by City Council in July 1979. On July 15, 2009, a public hearing was held by the Planning Commission to consider the proposed amendments to the Zoning Ordinance and Local Coastal Program (ZCA 06- 02/LCPA 06-04). At that meeting, staff presented an errata consisting of a minor text amendment to Chapter 21.43 (Adult Businesses). The Planning Commission voted 6-1 to recommend approval of the proposed amendments and errata. The aforementioned errata (attached as Exhibit 4), has been incorporated into the proposed Ordinance. A complete analysis of the proposed amendments is contained in the Report to the Planning Commission, dated July 15, 2009 and attached as Exhibit 5. FISCAL IMPACT: The only anticipated fiscal impact would be from staff time required to process the Local Coastal Program Amendment with the Coastal Commission. ENVIRONMENTAL IMPACT: 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; therefore, there is no possibility that the amendments will result in a significant effect on the environment. A notice of exemption will be filed with the County Clerk upon approval of the project. EXHIBITS: 1. City Council Ordinance No. CS-063 2. City Council Resolution No. 2009-242 3. Planning Commission Resolution No. 6609 4. Errata to the Planning Commission, dated July 15, 2009 5. Planning Commission Staff Report, dated July 15, 2009 6. Excerpts of the Planning Commission Minutes, dated July 15, 2009. EXHIBIT 1 1 ORDINANCE NO. -CS-063 2 AN ORDINANCE OF THE CITY COUNpIL 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 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 16 adult businesses. The public health, safety and welfare of the City of Carlsbad and its residents ' require the enactment of this Ordinance regulating locational criteria for adult businesses in 18 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 21 life and neighborhoods in the City, the City's retail and commercial trade, and local property 22 values, and minimize the potential for nuisances related to the operation of adult businesses; 23 and (3) protect the peace, welfare and privacy of persons who own, operate and/or patronize 24 adult businesses. 26 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 oi-nhoT- f, 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 3 regulation of adult businesses and this proposed Ordinance. 4 D. The City Council, in adopting this Ordinance, takes legislative notice of 5 the existence and content of the following studies and reports concerning the adverse 6 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,o 9 Texas, Office of Land Development Services (1986); Oklahoma City, Oklahoma (1986); JQ Indianapolis, Indiana, Department of Metropolitan Development (1984); Houston, Texas, City H 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 16 (1978); and 1986 Attorney General's Report on Pornography. The City Council also takes 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 20 Businesses: An Insider's View - Testimony of David Sherman before the Michigan House 21 Committee on Ethics and Constitutional Law (2000); Stripclubs According to Strippers: Exposing 22 Workplace Sexual Violence (1998); and Summaries of Key Reports Concerning the Negative 23 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 26 Establishments, Police Activity, Public Place and Time: A Study of Secondary Effects in San 27 Diego, California, by Daniel Linz et 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 -2 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 4 accompany, concentrate around, and be aggravated by adult businesses, including but not 5 limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and 6 violence against persons and property. The studies from other cities establish by convincing 7 evidence that adult businesses that are not regulated with locational criteria often have a8 deleterious effect on nearby businesses and residential areas, causing, among other adverse I „ secondary effects, an increase in crime and a decrease in property values. II 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 *' 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 21 D-4, 541 U.S. 744, 124 S.Ct. 2219, 159 LEd.2d 84 (2004); City of Los Angeles v. Alameda 22 Books, 535 U.S. 425, 122 S. Ct. 1728, 152 L.Ed.2d 670 (2002); City of Erie v. Pap's A.M. 23 ("Kandyland"), 529 U.S. 277, 120 S.Ct. 1382, 146 LEd.2d 265 (2000); Barnes v. Glen Theatre, 24 Inc., 501 U.S. 560, 111 S.Ct. 2456, 115 L.Ed.2d 504 (1991); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 110 S.Ct. 596, 107 L.Ed.2d 603 (1990); City of Renton v. Playtime Theatres, Inc., 47526 27 U.S. 41, 106 S.Ct. 925, 89 LEd.2d 29 (1986); and Young v. American Mini Theaters, Inc., 427 2g 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. -3 1 2005), modified 402 F.3d 875; Dream Pa/ace 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 Tan, 215 4 F.3d 1052 (9th Cir. 2000), cert, denied 5M U.S. 1072 (2001); Young v. City of Simi Valley, 216 5 F.3d 807 (9th Cir. 2000), cert, denied 531 U.S. 1104 (2001); Lim v. City of Long Beach, 217 6 F.3d 1050 (9th Cir. 2000), cert, denied 121 S.Ct. 1189 (2001); Baby Tarn & Co., Inc. v. City of 1 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, U 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);C/fy of National City v. Wiener, 3 CaUth 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 fV/cary",), 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 21 Roy, 465 F.3d 1150 (10th Cir. 2006); G.M. Enterprises v. Town of St. Joseph, 350 F.3d 631, 22 639 (7th Cir. 2003); SOB, Inc. v. County of Benton, 317 F.3d 856, 863 (8th Cir. 2003); DiMa 23 Corp. v. Town of Hallie, 185 F.3d 823 (7th Cir. 1999); Richland Bookmart, Inc. v. Nichols, 137 24 F.3d 435 (6th Cir. 1998); Tee & Bee v. City of West Allis, 936 F.Supp. 1479 (E.D. Wis. 1996); 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 -4 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 4 (11th Cir. 1991), cert, denied 503 U.S. 920 (1992); and Star Satellite, Inc. v. City of Biloxi, 779 5 F.2d 1074 (5th Cir. 1986). 6 F. In addition to the findings and studies conducted in other cities regarding 7 increases in crime rates, decreases in property values and the blighting of areas in which such8 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 'aw 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 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 20 declarations of police officers in Anaheim and La Habra setting forth their experiences, and 21 judicial decisions in the public record: 22 1. Evidence indicates that some dancers, models, entertainers, performers, 23 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 ~t 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. -5 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, 4 and other small rooms whose interiors cannot be seen from public areas of the establishment 5 regularly have been found to be used as locations for engaging in unlawful sexual activity. 6 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. 8 H. The City Council is cognizant of the specific danger from the sexually ,Q transmitted disease AIDS, which is currently irreversible and fatal. The City Council takes 11 legislative notice of the AIDS Surveillance Report dated September 30, 2005, by the County of \2 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 *' 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 21 cases of AIDS were reported in Orange County between 1982 and 2000. In 1998, 322 cases of 22 AIDS were reported in Orange County, a 5% increase over the 3,073 reported cases in 1999. 23 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 £i-J County residents were living with HIV or AIDS. 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 -6 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 4 1998-2007 Reportable Diseases and Conditions Provisional Data ("1998-2007 Reportable 5 Diseases Data"), also published by the County of San Diego Health and Human Services 6 Agency, dated April 2004, and the Sexually Transmitted Diseases Annual Summary, San Diego 7 County, 1993-1994, by the Sexually Transmitted Disease Control Program, dated December8 1995 ("STD Annual Summary"). According to the STD Fact Sheet and the 1993-2003 . ~ Reportable Diseases Data, 838 cases of syphilis were reported throughout the County between I j 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 O 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 22 are relevant to the experiences of Carlsbad. 23 J. The City Council also finds the establishment of locational standards for 24 adult businesses is a legitimate and reasonable means of ensuring that the recognized adverse Z*3 _, 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 28 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, -7 the City further finds the facts recited in the following case is relevant to the City's experience: 7 In re Tennessee Public Indecency Statute, 172 F.3d 873 (6th Cir. 1999), cert, denied 529 U.S. 3 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 5 and patrons, and forbidding alcohol consumption; while the possibility of disease and violence 6 may be diminished by the distance restriction and lack of alcohol, the associated crime effects 7 still exist]. The City has a reasonable basis to believe this in light of the record from sister o jurisdictions of enforcement problems at such facilities and the judicial case law that both . 0 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 71' locational requirements contained in this Ordinance do not unreasonably restrict the 18 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 21 Supreme Court decision in Renton that requires the City provide adult businesses a reasonable 22 opportunity to open and operate. The City Council also takes legislative notice of the Ninth 23 Circuit's decisions in Topanga Press, Lim and Isbell with respect to availability of sites for adult 24 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.26 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 -8 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 4 on the Internet. Reno v. American Civil Liberties Union, 521 U.S. 844, 117 S.Ct. 2329, 138 5 LEd.2d 874 (1997) [the principal channel through which many Americans now transmit and 6 receive sexually explicit communication is the Internet]; Anheuser-Busch v. Schmoke, 101 F.3d 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 10 acknowledging that the Internet is one available channel of communication]; U.S. v. Hockings, jj 129 F.3d 1069 (9th Cir. 1997); see also U.S. v. Thomas, 74 F.3d 701 (6th Cir. 1996), cert. 12 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. 1' 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. 21 N. The City further finds that definite and specified locational requirements 22 are necessary between an adult business and residential uses, schools, child day care centers, 23 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 ~fi the maximum extent possible; (2) prevent ad hoc decisions with respect to a potential adult 27 business site which does not meet the City's locational criteria; and (3) provide certainty to the 28 residents of the City along with the adult business operators with respect to potential adult use sites. -9 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 4 legislative notice of the Penal Code provisions authorizing local governments to regulate matter 5 that is harmful to minors (i.e., Penal Code § 313 et seq.). The City Council further takes 6 legislative notice of the cases that recognize that protection of minors from sexually explicit 7 materials is a compelling government interest, including Crawford v. Lungren, 96 F.3d 380 (9th o 9 Cir. 1996), cert, denied 520 U.S. 1117 (1997) and Berry v. City of Santa Barbara, 40 10 Cal.App.4th 1075 (1995). 1 1 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 19 adult business regulations apply to them and for law enforcement personnel to enforce the 20 provisions of the ordinance, including People v. Superior Court (Lucero) 49 Cal.Sd 14 (1989), 21 and Doctor John's v. City of Roy, 465 F.3d 1150 (10th Cir. 2006). These cases have specifically 22 held that the "regular and substantial" standard is constitutionally sound and not £3 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. 28 /// -10 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 3 material, and the City and its Council recognize that State law prohibits the distribution of 4 obscene materials and expect and encourage law enforcement officials to enforce State 5 obscenity statutes against such illegal activities in Carlsbad. 6 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 of o g 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 ^>J) 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 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 o public display thereof. . ~ Y. That the proposed Zone Code Amendment, ZCA 06-02, is consistent with 11 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 l^ any zone or on any site where they were not allowed previous to the adoption of this ordinance, 18 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 ~_ zoned properties; 3. Property proposed to be developed within a floodplain; -12 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 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 || CUP J| 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 -13 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 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 2 1.04. 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 -14 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 || CUPj[ ACC 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) X X X X X » X X X X 2 2 3 2 2 1 3 2 2 2 -15 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 CUP ACC 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) X X X X 2 2 3 1 1 3 2 2 2 2 2 1 1 1 2 2 1 -16 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 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 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 21.42.140(B)(170)) (defined: Section 21 .04.400) X X X X X 3 3 2 2 2 2 1 2 1/2 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: -17 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 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 X X X X X X CUP 3 3 2 X 2 2 2 2 ACC -18 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 CUP ACC 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 2 3 2 2 2 3 2 3 -19 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 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 p || CUP IACC X X X X X 2 2 1 3 2 2 2 2 2 2 2 2 3 1 1 3 -20 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 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 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 || CUP || ACC X X X X X X X X 2 2 2 2 1 2 1 2 1 3 3 2 2 -21 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 |L P_J| CUPjACC 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 21 .04.400) X 2 1 2 1/2 2 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 CUP ACC 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) X X X X X -22 I -J 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 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) p |[cup IACC X X X X X X X X X X X X X 3 3 2 2 2 2 2 2 -23 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 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) P X X X X X X X X X X X X X X X X CUP 2 3 2 2 2 ACC -24 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 CUP ACC 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 1 2 2 -25 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 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) P X X X X X X X X X X X X X X X X X X CUP 3 2 2 ACC -26 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 CUP 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 -27 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 CUP ACC Leasing services (see note 1 beiow) 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) X X X X X X X X X X X X X X X 2 2 2 3 1 1 -28 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 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) P X X X X X X X X X X X X X CUP 2 2 2 2 1 1 2 2 ACC -29 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 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 -30 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 ||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 1/2 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 21.43.030 Intent and purpose. Definitions. Location requirements for adult businesses. 21.43.040 Other requirements for adult businesses. 21.43.050 Violations. -31 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: 3 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 1Q constitutional rights of those individuals who desire to own, operate or patronize adult businesses. 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, j 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). 27 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 28 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" -32 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; 1 ~ e. Residential land use designation; f. Residential zone; or 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.lg 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.1.b 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, 26 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. -33 V,.', 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. 3 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. 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. 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; 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; f. The following uses are typical of nighttime uses: dance halls, theaters and bars. 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. -34 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 VIM. 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 by 8 the final decision of any court of competent jurisdiction, such decision shall not affect the validity 1 „ of the remaining parts of this ordinance. The City Council hereby declares that it would have 1 1 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 O 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 /// -35 1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on 2 the 6th day of October. 2009, and thereafter. 3 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the 4 City of Carlsbad on the day of , 2009, by the following vote to wit: 5 6 AYES: 7 NOES: 8 ABSENT: 9 ABSTAIN: 10 11 APPROVED AS TO FORM AND LEGALITY 12 13 14 RONALD R. BALL, City Attorney 15 16 CLAUDE A LEWIS, Mayor 17 18 ATTEST: 19 20 LORRAINE M. WOOD, City Clerk 21 (SEAL) 22 23 24 25 26 27 28 EXHIBIT 2 1 RESOLUTION NO. 2009-242 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A LOCAL COASTAL 3 PROGRAM AMENDMENT TO AMEND THE IMPLEMENTING ORDINANCE OF THE CARLSBAD LOCAL COASTAL 4 PROGRAM (TITLE 21 - ZONING) BY: 1) AMENDING CHAPTER 21.06 TO EXEMPT ADULT BUSINESSES FROM CHAPTER 5 21.06 (Q QUALIFIED DEVELOPMENT OVERLAY ZONE); 2) AMENDING CHAPTERS 21.30, 21.32, AND 21.34 TO ADD 6 ADULT BUSINESSES TO THE LIST OF PERMITTED USES IN CHAPTERS 21.30 (C-M HEAVY COMMERCIAL—LIMITED 7 INDUSTRIAL ZONE), 21.32 (M INDUSTRIAL ZONE), AND 21.34 (P-M PLANNED INDUSTRIAL ZONE); 3) REPEALING AND 8 REENACTING CHAPTER 21.43 (ADULT ENTERTAINMENT) TO AMEND THE DEFINITIONS AND LOCATION REQUIREMENTS 9 FOR ADULT BUSINESSES; AND 4) AMENDING CHAPTER 21.44 (PARKING) BY REVISING THE JOINT USE PARKING 10 PROVISIONS. CASE NAME: ADULT BUSINESSES ORDINANCE 11 CASE NO.: ZCA 06-02/LCPA 06-04 12 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning l^ Commission did, on July 15, 2009, hold a duly noticed public hearing as prescribed by law to l^ consider Zone Code Amendment (ZCA 06-02) and Local Coastal Program Amendment (LCPA 15 06-04) and adopted Planning Commission Resolution No. 6609 recommending to the City 16 Council approval of ZCA 06-02 and LCPA 06-04; and 17 WHEREAS, the Citv Council did on the (0^ day of Ocbfav . 2009 hold a 1 R duly noticed public hearing as prescribed by law to consider the Zone Code Amendment and 19 Local Coastal Program Amendment; and 20 WHEREAS, at said public hearing, upon hearing and considering all testimony 21 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors 22 relating to the Zone Code Amendment and Local Coastal Program Amendment. 23 NOW, THEREFORE, the City Council of the City of Carlsbad, California does hereby resolve as follows: 25 1. That the above recitations are true and correct. 2. That the findings of the Planning Commission as set forth in Planning 27 Commission Resolution No. 6609, on file with the City Clerk and made a part hereof by reference, constitute the findings of the City Council in this matter. 28 40 1 3. That the Local Coastal Program Amendment (LCPA 06-04) is adopted and approved as shown in City Council Ordinance c.s-061 on file with the City Clerk and 2 incorporated herein by reference. 4. That the approval of LCPA 06-04 shall not become effective until it is approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective.5 /// 6 //; 7 /// 8 /// 9 /// 10 /// 11 /// 12 /// 13 /// 14 /// 15 /// 16 //, 17 /// 18 19 20 21 22 23 24 25 26 27 28 -2- 1 2 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 6th day of October. 2009, by the following vote to wit: CLAUDE A LEWIS, Mayor ATTEST: 3 .. AYES: Council Members Kulchin, Hall, Packard and Blackburn. 4 NOES: None. 6 ABSENT: Council Member Lewis. 9 10 11 12 13 14 15 UNE M. WOOD, City Clerk 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 6609 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 16 Carlsbad Municipal Code relating to adult business regulations; and 17 WHEREAS, the Zoning Ordinance is the implementing Ordinance for the City of 18 I g 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 23 amendment to the Zoning Ordinance to ensure consistency between the two documents; and 24 WHEREAS, a Local Coastal Program may be amended pursuant to California 26 Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 27 14, Division 5.5; and 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 27 28 WHEREAS, the proposed Zone Code Amendment and Local Coastal Program Amendment is set forth in the draft City Council Ordinance, Exhibit "X," dated July 15, 2009, and attached hereto; and WHEREAS, the Planning Commission did on July 15,2009, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment and Local Coastal Program Amendment; and WHEREAS, State Coastal Guidelines requires a six-week public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the foregoing recitations are true and correct. B) At the end of the State-mandated Local Coastal Program Amendment six-week 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. C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of ADULT BUSINESSES ORDINANCE - ZCA 06-02/LCPA 06-04 based on the following findings: Findings: 1.That the proposed Zone Code Amendment, ZCA 06-02, is consistent with the General Plan in that the regulation of the location of adult businesses is a tool the City uses to; 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 Element - Overall Land Use Pattern - Policy C.I); and 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- 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 [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: MARTEEL B. MONT CARLSBAD PLANN ATTEST: rperson SIGN DON NEU Planning Director PCRESONO. 6609 -3- EXHIBIT 4 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 6.173 of this section is located. KEVIN POINTER EXHIBIT 5 Tbe 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 ORDINANCE-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 2t.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 O ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE July 15,2009 Page 2 the criteria give the City unbridled discretion to reject applications due to the unpopular nature of the proposed adult business. Adult businesses are permitted in certain zones as discussed later in this report (provided the use complies with the City's location and operational requirements), and can be established with the approval of an adult business license issued by the City's Police Department as set forth in Chapter 8.60 of the Carlsbad Municipal Code, "Adult Business Licenses and Operating Regulations." These permitting provisions were updated in July 2005 and provide state of the art regulations for various adult businesses. To ensure that the City's adult business regulations comply with the most recent case law, the proposed amendments were prepared in consultation with outside legal counsel with special expertise in the area of adult business use regulation. III. PROJECT DESCRIPTION AND BACKGROUND Project Description The project consists of amendments to the Zoning Ordinance to satisfy the following project objectives: 1. Ensure consistency with evolving case law pertaining to the regulation of adult businesses. 2. Ensure consistency with the adult business operational and licensing regulations within Title 8 of the Municipal Code. The amendments are summarized as follows: 1. Amend Zoning Ordinance Chapter 21.43 Adult Entertainment, as follows: a. Repeal definitions and sign standards applicable to the operation of adult businesses. Chapter 8.60 of the Municipal Code contains definitions, regulations, and licensing requirements for the operation of adult businesses. b. Make minor amendments to the location requirements for adult businesses. 2. Amend various sections of the Zoning Ordinance to ensure that the establishment of an adult business does not require discretionary action by the City. 3. Add "Adult Businesses" as a permitted use in the "Permitted Uses" tables of Zoning Ordinance Chapters 21.30 (C-M Zone), 21.32 (M Zone), and 21.34 (P-M Zone). Note: Adult businesses are currently permitted in these zones (as specified in Chapter 21.43 Adult Entertainment); this amendment simply adds the use to the use tables in the C-M, M, and P-M Zone chapters. ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE July 15,2009 Page 3 Because the Zoning Ordinance is the implementing ordinance for the Local Coastal Program (LCP), a LCP amendment is necessary. However, no portion of the LCP land use plan document is being amended. Background The majority of the proposed amendments consist of amendments to Zoning Ordinance Chapter 21.43 Adult Entertainment, the primary purpose of which is to regulate the location of adult businesses. Currently, Chapter 21.43: 1) identifies definitions for terms, relating to adult businesses; 2) provides sign standards for adult businesses; and 3) specifies criteria for the location of these businesses (such as establishing zones where adult businesses are permitted, and minimum spacing/proximity requirements from other uses and between adult uses). The City has hot 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. l\°\ ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE July 15,2009 Page 4 There is no "mathematical formula" or set "litmus test" established by the courts for cities to use when creating location requirements and determining the number of sites that must be available for adult businesses. Rather, the courts have created a legal fiction and examine a mix of factors to determine whether a city provides a reasonable opportunity for adult businesses to locate within the commercial market. The issue is examined by the courts on a case by case basis, looking at the particular land use and demographic characteristics of the community. Carlsbad's land use and demographic characteristics were a factor in determining a reasonable number of sites where adult businesses could locate. Carlsbad is a small community with a population estimated at 104,652 (as of January 1, 2009). The City's General Plan Map and Zoning Map designate all parcels of land within the City for some type of use - such as residential, open space, industrial, or commercial. The main types of land uses in the City are approximately broken down as follows: 42% residential, 35% open space, 10% industrial and 5% commercial. Once the city is built out, approximately 40% of the city will be preserved as open space. In addition, the total vacancy rate for industrial, office and retail space within the City for the first quarter of 2009 was approximately 19% (approximate vacancy rates by use: industrial-16%; office-28%; retail-19%). In regard to providing a reasonable opportunity for adult businesses to locate within the commercial market, the Ninth Circuit in Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524 (9th Cir. 1993) established criteria for determining whether sites are actually available in the "relevant commercial market" by examining if: • There is a genuine possibility that the site is potentially available. In other words, is it reasonable "to believe that [the site] would ever become available to any commercial enterprise?" • If the sites are in manufacturing zones, are they reasonably accessible to the general public? • If the sites are in manufacturing zones, do they have proper infrastructure such as sidewalks, roads and lighting? • If the sites are in manufacturing zones, can they serve a generic commercial purpose such as retail or places of assembly? • The sites are commercially zoned. The court in Topanga Press rejected Los Angeles' attempt to include sites that were clearly unavailable, such as areas under water, landfills and airport sites. Other examples of unavailable sites include lands used for large warehouses, lands that are part of a sewage treatment facility, lands that are part of an existing hospital, and large oil refineries. To avoid the pitfalls of Topanga Press, the proposed location requirements for adult businesses exclude any sites that are outside of the "relevant commercial market." Further, staff has reviewed the various Topanga criteria and determined that all sites where an adult business is permitted (C-M, M, and P-M zoned sites) meet the Topanga criteria. ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE July 15,2009 PaaeS 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. 6. Zoning Ordinance Text Changes 1. 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 !,000 feet of other properties containing specific "sensitive" uses, or another adult business. The proposed amendments maintain the existing 1,000 foot buffer requirement, but amend the list of "sensitive" uses from which adult businesses must be buffered. As recommended by the City's legal counsel, the list of "sensitive uses" has been amended to include only the uses that have been found by the courts to require protection from the secondary effects of adult businesses. Table A, below, lists those proposed uses to which the 1,000 foot buffer will apply. Table B, below, contains the current list of uses to which the buffer requirements apply. In both tables, the sensitive uses specifically sanctioned by the courts are indicated in italic text. None of the uses that are recommended to be removed from the list are currently located within 1,000 feet of property that would allow for adult business uses. ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE July 15,2009 Page 6 TABLE A - PROPOSED BUFFER REQUIREMENTS Buffer Distance 1,000 feet Uses Other adult businesses; Child day care centers; Parks; Religious institutions/places of worship; Residential land use designations; Residential zones; and, Schools TABLE B - EXISTING BUFFER REQUIREMENTS Buffer Distances 1,000 feet 500 feet Uses Other adult entertainment establishment Residential zones Amusement parks Camps (for children's activity) Churches or other similar religious facilities Child care facilities Community centers Museums Parks (including public beaches) Playgrounds (note: although "playgrounds" are not one of the proposed uses that the buffer applies to. 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 playgrounds are part of schools or parks, which are subject to the buffer requirements) Schools b. Zones where Adult Businesses are Permitted. The existing Adult Entertainment Ordinance (Chapter 21.43) currently specifies that adult businesses are permitted within the following zones: C-l (Neighborhood Commercial), C-2 (General Commercial), C-M (Heavy Commercial-Limited Industrial), M (Industrial), P-M (Planned Industrial) and P-U (Public Utility). The amendments propose to no longer permit adult businesses in the C-l, C-2, and P-U Zones. Although this is technically a reduction in the number of zones where adult businesses would be permitted, it does not reduce the number of ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE July 15,2009 Page? properties (with the exception of one site) where adult businesses could locate. The C-l, C-2, and PU zones are applied to a minimal number of sites within the City and those sites are either subject to specific plans that prohibit adult businesses, or are within the 1,000 foot buffer from sensitive uses. c. Inserting "adult businesses" into "permitted uses" tables of the C-M, M, and P-M Zones. As stated above, the existing Adult Entertainment Ordinance (Chapter 21.43) specifies the zones where adult businesses are permitted. However, "adult businesses" are not specifically listed in the "permitted uses" tables of each zone chapter where the use is currently permitted. To ensure that it is clear where adult businesses are permitted, and to ensure consistency among the various chapters of the Zoning Ordinance, staff recommends that "adult businesses" be specifically listed as a permitted use in the "permitted uses" tables of Zoning Ordinance Chapters 21.30 (C-M Zone), 21.32 (M Zone), and 21.34 (P-M Zone). 2. Amendments to ensure no discretionary action are required in relation to the establishment of adult businesses. a. Repeal of Note 2 of Table A in Zoning Ordinance Section 21.32.010 ("permitted uses" table for the M Zone). The existing "permitted uses" table for the M Zone indicates uses that are either considered a "permitted" use, "conditionally permitted" use, or an "accessory" use. The key for this table indicates that all "permitted" uses are subject to a "note 2" that reads, "any use that is found to be objectionable or incompatible with the character of the city and its environs due to noise, dust, odors or other undesirable characteristics may be prohibited." This note essentially provides the City with a similar discretion over "permitted" uses as it has over "conditionally permitted" uses. Staff recommends that "note 2" be repealed for the following reasons: i. "Adult businesses" are proposed to be listed as a "permitted" use in the "permitted uses" table of the M Zone. As discussed in the "Introduction" section of this report, the City cannot have unbridled discretion in regard to whether or not a particular adult business is permitted (such as the type of discretion generally allowed in the standard criteria for a conditional use permit). (See Dease v. City of Anaheim, 826 F.Supp. 336 (C.D. Cal. 1993).) Therefore, "note 2" cannot be applied to adult businesses. It is important to note that any adult business must comply with the requirements of Chapter 21.43 (location requirements) and Chapter 8.60 (operational/licensing requirements), which are intended to prevent the secondary effects of adult businesses. ii. In addition to adult businesses, "note 2" should not be applicable to any "permitted" use. If a use is "permitted" it is permitted by right; so long as the use complies with applicable adopted policies and regulations. The City does not have the discretion to prohibit a "permitted" use, and therefore, "permitted" uses are those that typically do not have objectionable characteristics. The uses that have the potential to have "objectionable or incompatible" characteristics due to noise, dust, odors, etc., are identified as "conditionally permitted" uses. ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE July 15,2009 PageS : b. Clarify that the Q Qualified Development Overlay Zone is not applicable to adult businesses. The Q Qualified Development Overlay Zone (Q zone) is a zone that is applied to various properties throughout the city as a supplement to the primary (underlying) zone of the property. The Q zone requires the discretionary review and approval of a site development plan for any use permitted by the underlying zone. Since the City cannot exercise unbridled discretion in regard to whether or not an adult business is permitted, provided the use complies with all location, operational and licensing requirements, staff recommends that language be. added to Chapter 21.06 (Q Zone) to provide a requirement that the provisions of the Q zone shall not apply to adult businesses. c. Repeal of discretionary review requirement for joint use parking. Existing provisions within the Parking Chapter (Chapter 21.44) allow the joint use of parking facilities for uses with differing primary hours of operation (for example, a use that operates primarily during the daytime can share a portion of the same parking facilities with a use that operates primarily during the nighttime). Requests for joint use of parking facilities must comply with specified criteria, including a requirement that the parking facility be within 150 feet of the joint users, that there is no conflict in the principal operating hours of the joint users, and that the parties involved record a legal agreement that ensures compliance with the City's requirements. Chapter 21.44 currently requires the Planning Commission's discretionary review and approval of joint use parking facilities. For the reasons discussed below, staff recommends that joint use parking facilities no longer require discretionary approval by the Planning Commission, but rather, be permitted based on an applicant demonstrating compliance with specified criteria. i. Adult businesses are permitted in the industrial zones, which are comprised primarily of daytime uses. Because some adult businesses operate primarily during the nighttime, it is possible that joint use of parking facilities could be approved between an adult business (nighttime use) and another use that operates primarily during the daytime. Chapter 21.44 currently provides that the Planning Commission has the discretion to approve or deny a joint use parking request. Since the City is not able to exercise unbridled discretion in regard to adult businesses, staff is recommending that the existing provision be repealed and instead provide that if an adult business can provide sufficient parking through the joint use of parking facilities and the minimum criteria are met, then joint use of parking facilities should be allowed. ii. Additionally, the regulations that currently apply to joint use parking facilities ensure that adequate parking is provided. Staff recommends that Planning Commission approval not be required for joint use of parking facilities by any use, provided all requirements are met. As proposed, all requests for the joint use of parking facilities will be subject to administrative evaluation by the Planning Director for conformity with joint use parking standards/criteria. 3. Add definitions and repeal redundant definitions and standards applicable to adult businesses. ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE July 15,2009 Page 9 a. Repeal of definitions for adult businesses. The amendments propose to add definitions to Zoning Ordinance Chapter 21.43 that define the "sensitive" uses to which the 1,000 foot buffer applies (i.e. "child daycare centers", "parks", religious institutions", etc.). Chapter 21.43 currently contains definitions that are applicable to the operation of adult businesses, and those definitions are also contained in Municipal Code Chapter 8.60. Municipal Code Chapter 8.60 includes definitions and regulations for the operation and licensing of adult businesses. To eliminate redundancy, the amendment proposes to repeal the definitions in Chapter 21.43 that are found in Chapter 8.60. To maintain internal consistency within titles of the Municipal Code, staff proposes to provide reference in Chapter 21,43 to those terms related to adult businesses that are defined within Chapter 8.60. b. Repeal of redundant sign standards. Chapter 21.43 currently contains sign standards for adult businesses, which prohibit the display of adult material that is visible from any public street. Chapter 8.60 contains similar sign regulations, which prohibit the display of any adult material that is visible from any location other than within the confines of the adult business. To eliminate redundancy and maintain consistency, it is proposed that the sign regulations in Chapter 21.43 be repealed. C. Consistency with the General Plan, Municipal Code and Local Coastal Program The primary purpose of the proposed Zone Code/Local Coastal Program Amendment is to ensure consistency with case law that is applicable to adult businesses. The proposed amendments will not result in any inconsistencies with the goals, objectives, policies or programs of the General Plan, or other provisions of the Municipal Code and Local Coastal Program not being amended. The proposed amendments are consistent with General Plan Land Use Element - Overall Land Use Pattern - Policy C.I, which is to "arrange land uses so that they preserve community identity and are orderly, functionally efficient, healthftil, convenient to the public and aesthetically pleasing." The amendments propose minor amendments to the location requirements for adult businesses, which are intended to mitigate and reduce the judicially recognized secondary effects of adult businesses. By mitigating/reducing the secondary effects of adult businesses, the location requirements for adult businesses protect the quality of life and character of the community, and ensure the protection of the community's health and welfare. Additionally, the proposed amendments are consistent with General Plan Public Safety Element - Crime Prevention - Objective B.4, which is, "to encourage crime prevention through the planning process by establishing specific design criteria and standards to be used in the review of land use development." Increases in crime are one of the judicially recognized secondary effects of adult businesses; however, the proposed amendments will assist in crime prevention through the planning process by establishing location requirements to minimize the potential for crime associated with adult businesses. The proposed amendments are also consistent with the Municipal Code in that it ensures consistency between Chapter 21.43 and Chapter 8.60, and does not conflict with any sections of the Code not being amended. ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE July 15, 2009 Page 10 With regard to consistency with the Local Coastal Program, the Zoning Ordinance is the implementing ordinance for the Local Coastal Program (LCP). The LCP amendment is necessary to ensure that the Zoning Ordinance and LCP are consistent. V. ENVIRONMENTAL REVIEW The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(b)(3), which exempts projects, "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." The proposed amendments are minor in nature in that they clarify existing location requirements, do not add any new zones to the allowable locations for adult businesses, and no specific projects or developments are being proposed, which will not result in a significant effect on the environment. A notice of exemption will be filed with the County Clerk upon approval of the project. ATTACHMENTS; 1. Planning Commission Resolution No. 6609 (ZCA/LCPA) 2. Exhibit "Y1-Y6" strikeout and bold/underline version of the proposed Zoning Ordinance text amendments 3. Index of all reports, cases and studies in support of ordinance EXHIBIT Y1 ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE STRIKE OUT/BOLD-UNDERLINE VERSION OF AMENDMENTS TO: ZONING ORDINANCE CHAPTER 21.06 (Q QUALIFIED DEVELOPMENT OVERLAY ZONE) Section 21.06.015 of the Zoning Ordinance Chapter 21.06 is proposed to be amended as follows: 21.06.015 Application of Q zone. A. It is intended that the Q zone be placed on properties with unique circumstances. Examples of situations that are considered unique include but are not limited to the following: f 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 Q 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 Chanter 21.43 of this title, and Chanter 8.60 of CMC Title 8) Agricultural farm worker housing (temporary) (subject to Section 21.42. I40(B)(2)) Airports Alcoholic treatment centers Amusement parks Any use permitted in other commercial zones is permitted in the C-M zone, with exceptions its set out in note 1. below Aqtmculture (denned: Section 2 1.04.036) Arcades - coin-operated (subject 10 Section 2I.42.140<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(8X30)) (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 2 1.42.1 40(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 21.04.0861 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 EXHIBIT Y2 ZCA 06-02/LCPA 06-04 -ADULT BUSINESSES ORDINANCE STRIKE OUT/BOLD-UNDERIJNE 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 some lot on which a factor)' is located when such dwelling is used exclusively by a caretaker or superintendent of such factory and his family. When such dwelling is established, alt required yards in (he 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 2 1 .42. 140(B)(65) Gloss 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 lo Section 2 1.42.1 40(B)(70J) Hazardous waste facility (subject to Section 2I.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 2 1 .42. I40(B)(90)) (defined: Section 2 1 .04.265) 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.I40(B)(70)) Parcel service delivery Parking facilities (primary use) (i.e., day use, short-term, nonstoragc) 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.I40(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 2 1.42.1 40(B)( 120)) (defined: Section 21.04.299) Recycling collection facilities, large (subject to Chapter 21.105) (defined: Section 2I.10S.01S) Recycling collection facilities, small (subject to Chapter 21.105) (defined: Section 21. 105.0 15) Recycling process/transfer facility Restaurants (bona fide public eating establishment) (defined: Section 21.04.0S6) Satellite antennae (>l 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 2 1 .4 1 Stadiums Tattoo parlors (subject to Section 21.42.140(8X140)) 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 rT,o 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 (rain) Transit storage (ex. rolling slock) 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)(I65)) (defined: Section 21.04.379) Zoos (private) (subject to Section 2 1 .42. 1 40(B)( 1 70)) (defined: Section 2 1 .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, (P) 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-UNDERUNE 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 Chanter 8.60 of CMC Title 8) Agricultural farm worker housing (temporary) (subject to Section 21.42.I40(B)(2)) Airports Alcoholic treatment centers Any industrial use not specifically permitted herein must be reviewed as provided in Chapter 2 1 .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 Aquacullure (defined: Section 21.04.036) Auto storage/impound yards (i.e.. overnight product storage) Auto wrecking yards (defined: Section 21.04.040) Automobile painting. AH painting, sanding and baking shall be conducted wholly within a building Bakeries Biological habitat preserve (subject to Section 2 1.42. I40{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 2I.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 2 1 .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 EXHIBITY3 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 or, 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.I40(B)(65)) Golf courses Greenhouses >2,000 square feet (subject to Section 2 1 .42. 1 40(B)(7Q)) Hazardous waste facility (subject to Section 21.42.I40(B)(7S)) (defined: Section 21.04.167) Hospitals (defined: Section 21.04.170) Hospitals (mental) (denned: Section 21.04.175) Ice and cold storage plants Kennels Lumber yards Machine shops Manufacture of prefabricated buildings Mills, planing M i ni-vvarehouses/sel f storage Mobile buildings (subject to Section 2 1 .42. 1 40(B)(90)) (defined: Section 2 1 .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 2 1 .42. 1 40(B)(70)) Parking facilities (primary use) (i.e., day use, short-term, nonstorage) Pawnshops (subject to Section 21.42.I40(D)(I05)) Plastics, fabrication from Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Section 2 1.04.297) Racetracks Radio/tclcvision/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 1.105) (defined: Section 21. 105.01 5) 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 (>l per use) (defined: Section 2 1.04 .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 2 1 .42, 1 40(B)( 1 40)) Textile manufacture Thrift shops (subject to Section 2I.42.I40(B)(150)) 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)(I60)) 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-UNDERHNE VERSION OF AMENDMENTS TO: ZONING ORDINANCE CHAPTER 21.32 (M INDUSTRIAL ZONE) USE Wireless communications facilities (subject to Section 2l.42.NO(B)(l65))(dcllned: 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 bo objectionable or ineompat&io with the character of the city and-tts-ewteons duo to noise, dust,- odors or other undesirable characteristics may bo prohibited. EXHIBIT Y4 ZCA 06-02/LCPA 06-04 -ADULT BUSINESSES ORDINANCE STRIKE OUT/BOLD-UNPERL1NE 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 accessor)' to a permitted use Administrative offices (see note 1 below) Adult businesses (subject to Chapter 21.43 of this title and Chanter 8.60 of CMC Title 8) Advertising agencies (sec note 1 below) Advertising-direct mail (see note 1 below) Agricultural consultants (sec 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 (sec note 1 below) Airports Alcoholic treatment centers Answering bureaus (see note 1 below) Appraisers (see note 1 below) Aquaculture (defined: Section 2 1. 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 (sec note 1 below) Biological habitat preserve (subject to Section 2 1 .42. 140(B)(30)) (defined: Section 21.04.048) Bluepr inters (see note 1 below) Book printing and publishing Bookbinding Bookkeeping service (sec 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 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-UNPERUNE VERSION OF AMENDMENTS TO: ZONING ORDINANCE CHAPTER 21.34 (P-M PLANNED INDUSTRIAL ZONE) USE Building inspection service (sec note 1 below) Burglar alarm systems (see note 1 below) Business consultants (see note 1 below) Business offices for professional and labor organizations (sec note 1 below) Campsites (overnight) (subject to Section 21.42. NO(BK40)) 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 (sec 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 I below) Computer service (time-sharing) Computer systems (see note 1 below) Construction manager (see note 1 below) Corporate headquarters office (sec 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 [sec note I below) Delicatessen (defined: Section 21.04. 106) Diamond and gold brokers (see note 1 below) Display designers (sec note 1 below) Display services (see note 1 below) Drafting services (see nole 1 below) Drive-thru facilities (not restaurants) Economics research (sec note 1 below) Educational consultants (sec note 1 below) Educational institutions or schools, public/private (defined: Section 2 1 .04, 140) Educational research (see note 1 below) Electric contractors (sales and administrative offices only) (see note 1 below) Electronics consultants (sec note 1 below) Energy management consultants (see note 1 below) Engineering offices (see note 1 below) Environmental services (see note 1 below) Escrow service (sec note 1 below) Estimators (see note 1 below) Executive recruiting consultants (see note 1 below) Executive search office (sec note 1 below) Executive training consultants (see note 1 below) Export consultants (sec note 1 below) Fairgrounds Financial planners and consultants (see note 1 below) Fire protection consultants (sec note 1 below) Foreclosure assistance (see note 1 below) Foundalion-cduoational research (see note 1 belowl Franchise services (sec note 1 below) Fund-raising counselors (sec note 1 below) Gas stations (subject to Section 21.42. 140(B)(6S)) Gcmologists (sec 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 STRIKEOUT/BOLD-UNDERLINE VERSION OF AMENDMENTS TO: ZONING ORDINANCE CHAPTER 21.34 (P-M PLANNED INDUSTRIAL ZONE) USE Gcophysicisis (see note 1 below) Col f courses Government contract consultants (sec 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 2I.42.140(B)(70)) Hazardous waste facility (subject (o Section 2l.42.HO(B)(75)) (defined: Section 21.04.167) Hospitals (defined: Section 21.04.170) Hospitals (mental) (denned: Section 2 1.04. 175) Hotels and motels (subject to Section 21.42.140(8X80)) Human factors research and development (sec 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 (sec 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 I 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 (sec note 1 below) Manufacturing and processing facilities Marketing research and analysis (see note 1 below) . Message receiving service (sec note 1 below) Mini-warehouses/self storage Mobile buildings (subject to Section 21.42, 1 40(8X90)) (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(8X95)) On-site recreational facilities intended for the use of employees of the planned industrial zone Packing/sorting sheds >600 square feel (subject to Section 2 1 .42. 140(B)(70)) Parking facilities (primary use) (i.e.. day use, short-term, nonstoragc) Patent searchers (sec note 1 below) Pension and profit sharing plans (sec note 1 below) Personal service bureau (see note 1 below) Photographic (industrial and commercial only) (sec note 1 below) Printing services (see note 1 below) Product development and marketing (see note 1 below) Public relations services (see note t below) Public utility companies (sec 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/lclevision/microwave/broadcast station/tower Real estate brokers (commercial and industrial only) (see note I below) Real estate developers (see note 1 below) Recording service (see note 1 below) Recreation facilities Recreational vehicle storage (subject to Section 2I.42.I40(B)(I20)) (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 Chaplcr2l.l05 of this title) (defined: Section 21.1 05.01 51_ Recycling process/transfer facility Relocation service (see note 1 below) Repossessing service (see note 1 below) Research and testing facilities Research labs (sec note 1 below) Residential uses in P-M Zone (subject to Section 2I.42.I40(B)(I35)) Restaurants (bona fide public eating establishment - defined: Section 2 1 .04.056) Retail uses Retirement planning consultants (see note 1 below) Safety consultants (see note 1 below) Sales training and counseling (sec note 1 below) Satellite antennae (> 1 per use) (defined: Section 2 1 .04.302) Satellite television antennae (subject to Section 2 1 .53. 130) Searchers of records (see note 1 below) Securities systems (see note 1 below) Security firms (see note 1 below) S igns (subject to Chapter 21.41) Sound system consultants (see note 1 below) Space planning consultants (see note 1 below) Space research and developments (sec 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 (sec note 1 below) Tour operators (sec note I below) Trademark consultants (sec note 1 below) Transit passenger terminals (bus and train) Translators and interpreters (sec note 1 below) Trust companies (sec note I below) Veterinary clinic/animal hospital (small animals) (defined: Section 2 1 .04.378) Windmills (exceeding height limit of zone) (subject to Section 21.42. 140(B)(1 60)) Wireless communications facilities (subject to Section 2I.42.140(B)(165)) (defined: Section 21.04.379) Zoos (private) (subject to Section 2 1 ,42. 1 40(B)( 1 70)) (defined: Section 2 1 .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 1/2 2 ACC Note: 1. Business and professional offices which arc not retail in nature, do not cater lo the general public, and do not generate walk-in or drive-in traffic, and arc 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 21.43 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. 21/13.060 Minimum spacing requirements.- 21/13.070 Minimum proximity requirements. 21.13.120 Regulation of signo. 21.13.110 Scvorability. 21.43.44QOSO Violations-Peflek¥. 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: 1. 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 arc 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 cleor and concise definitions-of those words, terms,'and phrases most commonly utilized in the regulations-and provisions of this chapter in order to oosist in the uniform interpretation of said regulations and provisions and to insure-uniformity of'their application; It is-intendod-that the following words, 1 'fo 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 the 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 followine 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. (4} "Adult—entertainment—establishment"—means—any—establishment—which—w customarily open only to one or more classes of the public, excluding any-minor-under the age of eighteen by reason of-age; (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; Masturbation, whether actual or simulated; Excretory functions as part of or in^connection with any of the activities set forth in subsections A through E-of this section. (3) "Specified anatomical areas'-as used in this chapter means and includes any-of-the following: (A) Less 'than completely and- opaquely covered-human-genitals^ pubic region, buttocks, • onus 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 ore distinguished or characterized-by an-emphasis on depiction or description of specified sexual activities or spcoified-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-on-emphasis on depiction or description of specified If. EXHIBIT Y5 ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE STRIKE OUT/BOLD4JNDERUNE VERSION OF AMENDMENTS TO: ZONING ORDINANCE CHAPTER 21.43 (ADULT BUSINESSES) sexual activitieS'Or specified anatomical areas; £7} "Adult-mini motion picture theater" means on enclosed or-unenclosed-building with a capacity-of'more than fiver 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 on 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-produoing devices ore maintained to show images to five or fewer persons per machine at any one time;-and where the images so displayed are-distinguished or charaeterized by an emphasis on depiction or description -of-specified sexual activities or specified anatomical-areas; (9} "Adult theater" moans a theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature, which regularly features live performances which-ore-distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons; (W)—"General-theater" means-an enolosed-or unenclosed building or port of a building intended to be-usod 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 ossomblogc of persons^ whether such-assemblage be 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 entertainer!^whore such performances are distinguished or characterized by an emphasis-on specified sexual activities or specified anatomical areas; (442}—"Massage establishment" means any massage establishment-regulated by Chapter •5rl 6-of- this code. This definition-doea-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. (43}—"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 depictod-by persons paying such consideration or gratuityr'Bxeept that this provision shall not apply-to any "figure studio" or -school of art" or similar establishment which moots the requirements established-in-the Education Code of the state of-Galifornia -for-the issuance or conferring of, and is in fact authorized thereunder, to issue ond confer a diploma. (4-4}—"Sexual•encounter-center" means any business, agency, or person vvho,-for'any form of consideration or gratuity^provides a place-where two or more personsj-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-UNDEKt.lNE VERSION OF AMENDMENTS TO: ZONING ORDINANCE CHAPTER 21.43 (ADULT BUSINESSES) specified sexual activity or exposing ...... specified anatomical areas, occluding psychosoxual work-shops, operated by professional persons, licensed by the staterto-engage in sexual therapy. &£) — "Body painting studio" means any establishment or business which provides the service of Applying paint or other substance, whether transparent or nontronsparent, to or on tho human body, when specified anatomical areas are exposed. (44) — "Adult motel" — means — a motel — or similar establishment offering public accommodations for any consideration, which provides-patrons with material distinguished or characterized "by-- on emphasis on depiction or description of specified sexual' activities or specified anatomical areas.- (43) — "Outcall service activity" moans ony-establishment or business which provides on outcall service which consists of individuals leaving the premises upon request or by appointment to visit other promises for a period of time for the purpose of providing any service during which time specified- anatomical areas ore 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 ore displayed or specified sexual activity oocurs.-T-his section shall not apply to hydrotherapy treatment ..... practiced by, or under tho 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-doctorv physician, chiropractor or similar professional licensed by the 1. "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 arc 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). (42)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 ofjcorning education under the jurisdiction of the State-California Department of Educationr-fofr-it 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, coltege^or university. 21.43.030 Zones for adult entertainment establishments. Adult entertainment establishments are permitted only in areas -with C 1, C 2, CM, 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 (port), 1979) 2 1.4 3. 060 - Minimum spacing requirements. No adult entertainment establishment shall be located within one thousand feet of any other adult entertainment establishment: 21.43.070 - Minimum proximity requirements. No adult entertainment establishment shall be located within specified distances of certain specified land-uses as set-forth below: ^ - 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 feet of any parcel of land 'Which contains any one or more of the following specific land uses: (A) - Amusement-park; Camp- (fop children's activity); (€) - Church or other similar religious facility; Child care facility; (B) - Community center; (P) - Museum; Pork (including public beach); (H) - Playground; & - School. (£) - 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 loungest (B) - Convalescent homes; Courthouse (or- other public building utilized on a consistent basis by the public); Hoopital; (6) - Nursing home; (F) - Retirement-hotel-- Sanitarium; Senior citizen activity center. 5 EXHIBIT Y5 ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE STRIKE OUT/BOLD-UNDERUNE VERSION OF AMENDMENTS TO: ZONING ORDINANCE CHAPTER 21.43 (ADULT BUSINESSES) (4) The-distance between any two adult entertainment busineoseo shall bo measured in a straight line, without-regard-to-intervening structures, from the-olosest point on the exterior parcel-line of each business. The "distance-between any adult entertainment business and any school shall be measured in o straight line, without regard-to-intervening structures, from the closest point on the exterior parcel-line of the adult entertainment business to the closest point on the property line of-the-schook 21.43.030 Location requirements for adult businesses. A. Zones where adult businesses arc permitted. 1. Adult businesses are permitted only on sites that arc within the C-M, C-M/O, M, M-O. 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. Religious institution/place of worship; c. Residential land use designation; {. Residential zone; or g. 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 uscs/zoncs/designations specified in subsection B.I.a of this section is located. 3. The distance requirements established by subsection B.l.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 vet 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 uscs/dcsignations/zoncs 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 uses/dcsignations/zones specified in subsections B.l.b through B.Lg 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/dcsignations/zoncs for which the City is reviewing but has not vet approved an application to establish the usc/designation/zonc. C. Other location requirements. 1. An adult business that either; a) has an approved adult business license from the 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 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 arc 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. Ail 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 arc 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 ony 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 arc 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 dra\yings 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 thiD chapter. 21.43.HO Severability. If any sectionrsubscction, sentence, clause or phrase of the ordinance codified in this chapter is for any reason held-to bo invalid• or unconstitutional-by the decision of any court-of competent jurisdiction, such decision shall not affect the validity of the remaining portions of tho 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 the aectionD, subsections, sentences, clauses or phrases hereof bo 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 lessoo-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.1 of this section, subject to the requirements of subsection A.2 of this section; 1. 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; 3b. 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; ic. 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; Sc. 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. &-. 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, 2c. 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 H 13. Newport News, Virginia (1996) 14. Oklahoma City, Oklahoma (1986) 15. Phoenix, Arizona (1979) 16. Seattle, Washington, Department of Construction and Land Use (1989) 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 HI 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. Del. Robert Navarro'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. Sheriff s 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 HTV/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 ///"), 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 AM ("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 CaUth 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 ofVallejo 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. Lwgren, 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. Diamonds City ofTajl,215 F.3d 1052 (9th Cir. 2000), cert, denied531 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. GM 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 (5lh 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. RichlandBookmart, 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 of West Allis, 936 F. Supp. 1479 (E.D. Wis. 1996) 44. Tily B., 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. U.S. 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) 'Sb EXHIBIT 6 Planning Commission Minutes July 15,2009 Page 11 MOTION ACTION: Motion by Commissioner Douglas, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6601 recommending adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and adopt Planning Commission Resolutions No. 6602, 6603, and 6604 recommending approval of General Plan Amendment GPA 06-04, Local Coastal Program Amendment LCPA 06-02, and Zone Change ZC 06-03, and adopt Planning Commission Resolutions No. 6605, 6606, 6607, and 6608 approving Tentative Tract Map CT 06-13, Special Use Permit SUP 06-08, Hillside . Development Permit HDP 07-03 and Coastal Development Permit CDP 06-19, based on the Findings and subject to the conditions contained therein including the following sentence added to Resolution No. 6605, Condition No: 16, "The landscape plan shall include trees, shrubs, and/or vines of a size and variety that will provide privacy for the Camino Hills development occupants adjacent to lots 11, 12, and 13 of the Tabata 10 development." VOTE: 7-0 AYES: Chairperson Montgomery, Commissioner Baker, Commissioner Boddy, Commissioner Dominguez, Commissioner Douglas, Commissioner Nygaard and Commissioner L'Heureux NOES: None ABSENT: None ABSTAIN: None Chairperson Montgomery closed the public hearing on Agenda Item 4 and asked Mr. Neu to introduce the next item. 5. ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE - 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. Mr. Neu introduced Agenda Item 5 and stated Associate Planner Kevin Pointer would make the staff presentation assisted by outside legal counsel Deborah Fox. Chairperson Montgomery opened the public hearing on Agenda Item 5. Mr. Pointer and Ms. Fox gave a detailed presentation and stated they would be available to answer any questions. Chairperson Montgomery asked if there were any questions of Staff. Seeing none, he asked if there were any members of the audience who wished to speak on the item. Seeing none, Chairperson Montgomery opened and closed public testimony. Chairperson Montgomery asked how the 1,000 foot radius is established and how it is determined to be an allowable buffering distance. Ms. Fox stated that it is based in case law and it is measured from the property line. Planning Commission Minutes July 15,2009 Page 12 Commissioner L'Heureux asked about if the list of sensitive uses is an all inclusive list or if it is one that is continuously morphing because of case law. Ms. Fox responded if there are new uses that are not protected by the current buffers those uses should then be added to the list. Chairperson Montgomery asked for comment regarding the City no longer having discretionary approval. Ms. Fox responded that the establishments still need to meet zoning requirements and the specific operating regulations are contained in Chapter 8.60 of the Municipal Code. Chairperson Montgomery asked if there will be a CUP for these businesses. Ms. Fox stated it is actually an Adult Business permit as well as permits for live entertainers. Chairperson Montgomery asked if the Commission would see such uses because of impacts for operating standards such as traffic and parking that potentially cannot be resolved otherwise. Ms. Fox stated that within Chapter 8.60 there are provisions for revocations if they do not comply with the conditions and operating standards. Chairperson Montgomery asked if the item would come before the Planning Commission at a hearing. Ms. Mobaldi stated that Chapter 8 is not within the Commission's purview. MOTION ACTION: Motion by Commissioner Douglas, and duly seconded, 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. VOTE: 6-1 AYES: Commissioner Baker, Commissioner Boddy, Commissioner Dominguez, Commissioner Douglas, Commissioner Nygaard and Commissioner L'Heureux NOES: Chairperson Montgomery ABSENT: None ABSTAIN: None COMMISSION COMMENTS None, PLANNING DIRECTOR COMMENTS Mr. Neu stated that proclamations for former Commissioner Cardosa and former Commissioner Whitton will be provided to them. On August 18, 2009 the City Council will hear a presentation from SANDAG staff regarding the 2050 Regional Forecast. The Commission is invited to attend the meeting. CITY ATTORNEY COMMENTS None. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, October 6, 2009, to consider 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. Whereas, on July 15, 2009 the City of Carlsbad Planning Commission voted 6-1 to recommend 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. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after October 2, 2009. If you have any questions, please call Kevin Pointer in the Planning Department at (760) 602-4620. If you challenge the Zone Code Amendment and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad. Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: ZCA 06-02/LCPA 06-04 CASE NAME: ADULT BUSINESSES ORDINANCE PUBLISH: September 26, 2009 CITY OF CARLSBAD CITY COUNCIL luaiuabjeip ap suas ®09LS T jajad e a| BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 BUSINESS, TRANS & HSG AGENCY STE 2450 980 NINTH ST SACRAMENTO CA 95814 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108 CANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 COASTAL CONSERVANCY STE1100 1330 BROADWAY OAKLAND CA 94612 COUNTY OF SD SUPERVISOR RM335 1600 PACIFIC SAN DIEGO CA 92101 DEPT OF DEFENSE LOS ANGELES DISTENG PO BOX 2711 LOS ANGELES CA 90053 DEPT OF ENERGY STE 400 611 RYAN PLZDR ARLINGTON TX 760114005 DEPT OF ENERGY STE 350 901 MARKET ST SAN FRANCISCO CA 94103 DEPT OF FISH & GAME ENV SERV DIV PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURCES RM100 1220NST SACRAMENTO CA 95814 DEPT OF FORESTRY ENV COORD PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF HOUSING & URBAN DEV 600 HARRISON ST SAN FRANCISCO CA 94107 DEPT OF JUSTICE DEPTOFATTYGEN RM700 110 WEST AST SAN DIEGO CA 92101 DEPT OF TRANSPORTATION RM 5504 1120NST SACRAMENTO CA 95814 FED AVIATION ADMIN WESTERN REG PO BOX 92007 LOS ANGELES CA MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 LAMPSON AVE LOSALAMITOSCA 907205139 OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS PO BOX 3044 SACRAMENTO CA 958123044 SAN FRANCISCO BAY CONSERV & DEV COM STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941114704 SANDAG EXEC DIRECTOR STE 800 1STINTLPLZ401BST SAN DIEGO CA 92101 SD COUNTY PLANNING & LAND USE DEPT STE B-5 5201 RUFFIN RD SAN DIEGO CA 92123 SDGE 8315 CENTURY PARK CT SAN DIEGO CA 92123 STATE LANDS COMMISSION STE 1005 100 HOWE AV SACRAMENTO CA 958258202 US ARMY CORPS OF ENGINEER 1455 MARKET ST FL 17 SAN FRANCISCO CA 94103 US BUREAU OF LAND MGMT STE RM W 2800 COTTAGE WY SACRAMENTO CA 95825 US BUREAU OF RECLAMATION MID PACIFIC REG 2800 COTTAGE WY SACRAMENTO CA 95825 US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 95825 USDA RURAL DEVELOPMENT DEPT 4169 430 G ST DAVIS CA 95606 WATER RESOURCES CONTROL BOARD PO BOX 100 SACRAMENTO CA 95801 jadej V ®<mS 31\ndl/\l3i ®AjaAV asn \aad AM3AV-09-O08-1 uoipruisuj.p zaijnsuco )U3iu36.ieip ap sues T ®091S ®AH3AV lueqeS J3|3d e CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 701 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966OLIVENHAINRD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AV SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 ATTN TEDANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER SCOTT MOLLOY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 Aseg JQJ. uoipnnsu) aas jaded V ®091S Aseg .com get on it. Mutt***.enlace, <Thc §an Biego P.O. Box 120191, San Diego, CA 92112-0191 AFFIDAVIT OF PUBLICATION CITY OF CARLSBAD 1635 FARADAY AVENUE ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 STATE OF CALIFORNIA} ss. County of San Diego} The Undersigned, declares under penalty of perjury under the laws of the State of California: That she is a resident of the County of San Diego. That she is and at all times herein mentioned was a citizen of the United States, over the age of twenty-one years, and that she is not a party to, nor interested in the above entitled matter; that she is Chief Clerk for the publisher of The San Diego Union-Tribune a newspaper of general circulation , printed and published daily in the City of San Diego, County of San Diego, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all the times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of San Diego, County of San Diego, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to, and which newspaper is not devoted to nor published for the interests, entertainment or instruction of a particular class, profession, trade, calling, race, or denomination, or any number of same; that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following date, to-wit Sep 26, 2009 NOTICE OF PUBUC HEARING Anieodnei* tornado 1) umdog Shptn il.» to mop «t* bMBHW ten daptn KM (Q Qotibd DmbfMtt Qwd.? Zoufc »tandof Ctupten 21.3ft 21.32 md 21.U to odd «Uk luiiMNi to tie I* of penuttedu«i» Ciqxn JUO JC-M Ran? ml 4) Bandog OufMr JIM (Mmg) by nrafaj tk» pun noted »• 1 to ixmeol ippml of « SJM C«h Amradrad ud tioeoatt, joaBBy be Inked to ra u writtM aonB^ondtoce delinnd to the Cky til life s» ui iftei OttoboJ, 2009. H ico cbilfcig. ti. Zou Code AaxdnM aai'oi lont OoBBl Pug Quhkrf. At^a£aSTiO«ce"lSK) CnUid VSIi^e Ww. Odibid. CA 32009,« 01 poor to H, public kMii»g. CSSiFtE ZCAO&diLCPAOs-W CASIIHMI: FUiUSK Septeut«j26,2D09 Affidavit of Publication of Legal Advertisement Ad# 0010296203 ORDERED BY: SHERRY FREISINGER ZCA 06-02/LCPA 06-04 Ensure City's zoning/location requirements for adult businesses are: Consistent with evolving case law; Consistent with the adult business operational and licensing regulations within CMC Title 8. Dispersal Adult uses are buffered a set distance from sensitive uses and from other adult businesses. Concentration Adult uses are all located in one area. Genuine possibility the site is potentially available. Reasonably accessible to general public if in manufacturing zones. Proper infrastructure if in manufacturing zones. Serve a general commercial purpose if in manufacturing zones. Commercially zoned. Population: 104,652 (January 2009) Existing Land Use Breakdown: 42% residential 38% open space 10% industrial 5% commercial Vacancy Rates by Use (1st Quarter 2009) Industrial –26% Office –28% Retail –19% Overall Vacancy Rates (1st Quarter 2009) Industrial, Office and Retail Combined –19% Maintain Required Buffers (1,000 ft.) Residential zones/designations Schools Child day care centers Parks Religious institutions/places of worship Other adult businesses No longer permit adult businesses in the C-1, C-2, or P-U zones, but continue to allow within C-M, M and P- M zones. Potential Adult Businesses Sites –52 That the City Council INTRODUCE Ordinance No. CS-063,APPROVING the proposed amendment to the Zoning Ordinance;and ADOPTING Resolution No.2009-242,APPROVING the proposed amendment to the Local Coastal Program.