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HomeMy WebLinkAbout2009-10-20; City Council; 20010; Adult Business OrdinanceCITY OF CARLSBAD - AGENDA BILL AB# 20,010 MTG. 10/20/09 DEPT. Clerk ADULT BUSINESS ORDINANCE ZCA 06-02/LCPA 06-04 DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Ordinance No. CS-063, amending 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; and (2) Amending Chapters 21.30 (C-M Heavy Commercial - Limited Industrial Zone) 21.32 (M Industrial Zone), and 21.34 (P-M Planned Industrial Zone); and (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. ITEM EXPLANATION: Ordinance No. CS-063 was introduced and first read at the City Council meeting held on October 6, 2009. The second reading allows the City Council to adopt the ordinance which will become effective no sooner than thirty days after adoption. The City Clerk will have the ordinance published within fifteen days, if adopted. (Notwithstanding the preceding, this ordinance shall not be effective for properties within the City's Coastal Zone until approved by the California Coastal Commission.) FISCAL IMPACT: See Agenda Bill No. 19,984 on file in the Office of the City Clerk. EXHIBITS: 1. Ordinance No. CS-063. DEPARTMENT CONTACT: Karen R. Kundtz (760) 434-2808, karen.kundtz@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION:APPROVED %} DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D 1 ORDINANCE NO. CS-063 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE 4 CARLSBAD MUNICIPAL CODE BY: 1) AMENDING CHAPTER 21.06 TO EXEMPT ADULT BUSINESSES FROM CHAPTER 21.06 (Q QUALIFIED DEVELOPMENT OVERLAY ZONE); 2) 6 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 8 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 10 AMEND THE DEFINITIONS AND LOCATION REQUIREMENTS FOR ADULT BUSINESSES; AND 4) AMENDING CHAPTER 21.44 (PARKING) BY REVISING THE JOINT USE PARKING 12 PROVISIONS. n CASE NAME: ADULT BUSINESSES ORDINANCE CASE NO.: ZCA 06-02/LCPA 06-04 14 15 SECTION I. FINDINGS. The City Council of the City of Carlsbad hereby finds, 16 determines, and declares that: 17 A. The City Council finds that it is necessary and appropriate to amend 18 19 Chapter 21.43 of the Carlsbad Municipal Code to refine and update the locational criteria for 20 adult businesses. The public health, safety and welfare of the City of Carlsbad and its residents 21 require the enactment of this Ordinance regulating locational criteria for adult businesses in 23 order to: (1) mitigate and reduce the judicially recognized potential adverse secondary effects of adult businesses, including but not limited to crime, the prevention of blight in neighborhoods 25 and the increased threat of the spread of sexually transmitted diseases; (2) protect the quality of26 27 life and neighborhoods in the City, the City's retail and commercial trade, and local property 78z'° values, and minimize the potential for nuisances related to the operation of adult businesses; and (3) protect the peace, welfare and privacy of persons who own, operate and/or patronize adult businesses. B. On July 15, 2009, the Planning Commission held a duly-noticed public hearing during which it received input and testimony from the public concerning the subject of adult businesses and this proposed Ordinance. •7 C. On October 6, 2009, the City Council held a duly-noticed public hearing 2 - during which it received input and testimony from the public concerning the subject of regulation 4 of adult businesses and this proposed Ordinance. D. The City Council, in adopting this Ordinance, takes legislative notice of 6 7 the existence and content of the following studies and reports concerning the adverse 8 secondary effects of adult businesses in other cities: Garden Grove, California (1991); Tucson, 9 Arizona (1990); Seattle, Washington, Department of Construction and Land Use (1989); Austin, 10 Texas, Office of Land Development Services (1986); Oklahoma City, Oklahoma (1986); 12 Indianapolis, Indiana, Department of Metropolitan Development (1984); Houston, Texas, City 13 Council Report (1997); Beaumont, Texas (1982); Report of the Attorney General's Working 14 15 Group on the Regulation of Sexually Oriented Businesses, State of Minnesota (1989); Phoenix, 16 Arizona (1979); Los Angeles, California, Department of City Planning (1977); Amarillo, Texas, 17 Planning Department (1977); and Cleveland, Ohio (1977); New York, New York (1994);18 19 Newport News, Virginia (1996); Times Square, New York City (1994); Whittier, California 2" (1978); and 1986 Attorney General's Report on Pornography. The City Council also takes 21 legislative notice of the existence and content of the following additional studies and reports 23 concerning the adverse secondary effects of adult businesses: A Methodological Critique of the 24 Linz-Paul Report: A Report to the San Diego City Attorney's Office (2003); Sexually Oriented 25 Businesses: An Insider's View - Testimony of David Sherman before the Michigan House26 27 Committee on Ethics and Constitutional Law (2000); Stripclubs According to Strippers: Exposing 28 Workplace Sexual Violence (1998); and Summaries of Key Reports Concerning the Negative Secondary Effects of Sexually Oriented Businesses, by Louis Comus III; Closin1 Time: Effective Regulation of Adult Businesses' Hours of Operation, by Scott Bergthold (2000); Peep Show Establishments, Police Activity, Public Place and Time: A Study of Secondary Effects in San Diego, California, by Daniel Linz et at. (2006); and Do Peep-shows "Cause" Crime? A response 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: 4 1. There is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by adult businesses, including but not 6 7 limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and 8 violence against persons and property. The studies from other cities establish by convincing 9 evidence that adult businesses that are not regulated with locational criteria often have a 10 , deleterious effect on nearby businesses and residential areas, causing, among other adverse 12 secondary effects, an increase in crime and a decrease in property values. 2. Regulations for adult businesses should be developed to prevent 14 deterioration and/or degradation of the vitality of the community before the problem exists, 16 rather than waiting for problems to be created. 17 E. In developing this Ordinance, the City Council is mindful of legal 19 principles relating to regulation of adult businesses, and the City Council does not intend to suppress or infringe upon any expressive activities protected by the First Amendment of the 21 United States and California Constitutions but instead desires to enact reasonable time, place, 23 and manner regulations that address the adverse secondary effects of adult businesses. The City Council has considered decisions of the United States Supreme Court regarding local 25 regulation of adult businesses, including but not limited to: City of Littleton, Colorado v. Z.J. Gins26 27 D-4, 541 U.S. 744, 124 S.Ct. 2219, 159 L.Ed.2d 84 (2004); City of Los Angeles v. Alameda 28 Books, 535 U.S. 425, 122 S. Ct. 1728, 152 L.Ed.2d 670 (2002); City of Erie v. Pap's A.M. ("Kandyland"), 529 U.S. 277, 120 S.Ct. 1382, 146 L.Ed.2d 265 (2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S.Ct. 2456, 115 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., 475 U.S. 41, 106 S.Ct. 925, 89 L.Ed.2d 29 (1986); and Young v. American Mini Theaters, Inc., 427 U.S. 50, 96 S.Ct. 2440, 49 L.Ed.2d 310 (1976); decisions of the United States Court of Appeals for the Ninth Circuit, including but not limited to: Gammoh v. La Habra, 395 F.3d 1114 (9th Cir. -3 1 2005), modified 402 F.3d 875; Dream Palace v. County of Maricopa, 384 F.3d 990 (9th Cir. 2 2004); World Wide Video, v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Center for Fair 4 Public Policy v. Maricopa County, 336 F.3d 1153 (9th Cir. 2003); Diamond v. City of Tan, 215 5 F.3d 1052 (9th Cir. 2000), cert, denied 531 U.S. 1072 (2001); Young v. City of Simi Valley, 216 6 F.3d 807 (9th Cir. 2000), cert, denied 531 U.S. 1104 (2001); Lim v. City of Long Beach, 217 8 F.3d 1050 (9th Cir. 2000), cert, denied 121 S.Ct. 1189 (2001); Baby Tarn & Co., Inc. v. City of 9 Las Vegas ("Baby Tarn I"), 154 F.3d 1097 (9th Cir. 1998); Baby Tarn & Co., Inc. v. City of Las 10 n Vegas ("Baby Tarn II"), 199 F.3d 1111 (9th Cir. 2000); Baby Tarn & Co., Inc. v. City of Las 12 Vegas ("Baby Tarn III"), 247 F.3d 1003 (9th Cir. 2001); 4805 Convoy, Inc. v. City of San Diego, 183 F.3d 1108 (9th Cir. 1999); Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524 14 15 (9th Cir. 1993), cert, denied 511 U.S. 1030 (1994); Kev, Inc. v. Kitsap County, 793 F.2d 1053 16 (9th Cir. 1986); Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998), cert, denied 529 U.S. 17 1053 (2000); several California cases, including but not limited to: Tily B., Inc. v. City of Newport 18 19 Beach, 69 Cal.App.4th 1 (1998); City of National City v. Wiener, 3 CaUth 832 (1993), cert. 20 denied 510 U.S. 824; People v. Superior Court (Lucero) 49 Cal.Sd 14 (1989); Department of 21 Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board of California 22 23 ("Vicary"), 99 Cal.App.4th 880 (2002); City of Vallejo v. Adult Books, 167 Cal.App.3d 1169 24 (1985), cert, denied 475 U.S. 1064 (1986); Isbell v. City of San Diego, 450 F.Supp.2d 1143 25 (S.D.Cal); and other federal cases, including but not limited to: Doctor John's, Inc. v. City of 26 27 Roy, 465 F.3d 1150 (10th Cir. 2006); G.M. Enterprises v. Town of St. Joseph, 350 F.3d 631, 28 639 (7th Cir. 2003); SOB, Inc. v. County of Benton, 317 F.3d 856, 863 (8th Cir. 2003); DiMa Corp. v. Town of Hallie, 185 F.3d 823 (7th Cir. 1999); Richland Bookmart, Inc. v. Nichols, 137 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. Denton County, Tex., 24 F.3d 705 (5th Cir. 1994); A/. I/I/. Enterprises, Inc. v. City of Houston, 372 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 6 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), 4 cert, denied 507 U.S. 1030 (1993); International Eateries v. Broward County, 941 F.2d 1157 5 (11th Cir. 1991), cert, denied 503 U.S. 920 (1992); and Star Satellite, Inc. v. City of Biloxi, 779 6 F.2d 1074 (5th Cir. 1986). 8 F. In addition to the findings and studies conducted in other cities regarding 9 increases in crime rates, decreases in property values and the blighting of areas in which such 10 businesses are located, the City Council takes legislative notice of the following: (1) the facts 12 recited in the case of Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986), regarding how live adult entertainment results in secondary effects such as prostitution, drug dealing, and other 14 15 law enforcement problems; and (2) the facts and holding of the case of Gammoh v. La Habra, 16 395 F.3d 1114 (9th Cir. 2005), modified 402 F.3d 875, wherein the Ninth Circuit recognized that 17 off-stage performances by performers who also perform nude and/or semi-nude at an adult 18 19 establishment can cause the same secondary effects as other activities documented in studies 20 and case law regarding adult establishments, even if the performer is clothed and the 21 establishment does not serve alcohol.22 23 G. The City Council further finds the following, based in part upon its understanding of the documents, including but not limited to the experiences of Carlsbad, the 25 ., declarations of police officers in Anaheim and La Habra setting forth their experiences, and26 27 judicial decisions in the public record: 28 1. Evidence indicates that some dancers, models, entertainers, performers, 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 to engage in sexual activities with patrons of adult businesses on the site of the adult business. 2. Evidence has demonstrated that performers employed by adult 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 4. Evidence indicates that fully enclosed booths, individual viewing areas, and other small rooms whose interiors cannot be seen from public areas of the establishment 6 7 regularly have been found to be used as locations for engaging in unlawful sexual activity. 8 5. The public health, safety, welfare, and morals of all persons in the City 9 must be protected to diminish the possibility of infection of contagious diseases. 10 H. The City Council is cognizant of the specific danger from the sexually 12 transmitted disease AIDS, which is currently irreversible and fatal. The City Council takes 13 legislative notice of the AIDS Surveillance Report dated September 30, 2005, by the County of 14 15 San Diego Health and Human Services Agency, Division of AIDS and Community Epidemiology 16 ("AIDS Surveillance Report") and the report entitled San Diego County HIV/AIDS Status dated June 2000, also by the County of San Diego Health and Human Services Agency ("AIDS Status 18 19 Report"). According to the AIDS Surveillance Report, 12,504 AIDS cases were reported 20 throughout the County through September 30, 2005, 224 of which were reported in the first 21 three quarters of 2005, 396 of which were reported in 2004, and 425 of which were reported in 23 2003. The City also takes legislative notice of the County of Orange Communicable Disease 24 Summary July 2002, County of Orange Health Care Agency, issued January 2002 25 ("Communicable Disease Summary"). The Communicable Disease Summary states that 5,74626 27 cases of AIDS were reported in Orange County between 1982 and 2000. In 1998, 322 cases of 9R AIDS were reported in Orange County, a 5% increase over the 3,073 reported cases in 1999. 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 County residents were living with HIV or AIDS. I. The City is also concerned with preventing the spread of other sexually 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 7 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 4 2005 by the County of San Diego Health and Human Services Agency ("STD Fact Sheet"), the 5 1998-2007 Reportable Diseases and Conditions Provisional Data ("1998-2007 Reportable 6 Diseases Data"), also published by the County of San Diego Health and Human Services 8 Agency, dated April 2004, and the Sexually Transmitted Diseases Annual Summary, San Diego 9 County, 1993-1994, by the Sexually Transmitted Disease Control Program, dated December 10 1995 ("STD Annual Summary"). According to the STD Fact Sheet and the 1993-2003 12 Reportable Diseases Data, 838 cases of syphilis were reported throughout the County between 13 1993 and 2004, 142 of which were reported in 2004, a 21% increase from the 117 reported in 14 2003. With respect to gonorrhea, 25,039 cases of gonorrhea were reported between 1993 and 16 2004, 2,376 of which were reported in 2004, a 20% increase from the 1972 cases reported in 17 2003. The number of cases of chlamydia reported within the County dramatically exceeds the 18 19 number of reported cases of syphilis and gonorrhea: 95,159 cases were reported between 1993 20 and 2004, 10,822 of which were reported in 2004, a six percent increase from the 10,249 cases 21 reported in 2003. It should also be noted that according to the AIDS Status Report, numerous 22 23 studies have shown that sexually transmitted diseases such as syphilis, gonorrhea and 24 chlamydia facilitate the transmission of HIV. 25 The City Council has a reasonable basis to believe that the experiences of both 27 San Diego County and Orange County as to these sexually transmitted or blood borne diseases are relevant to the experiences of Carlsbad. J. The City Council also finds the establishment of locational standards for adult businesses is a legitimate and reasonable means of ensuring that the recognized adverse secondary impacts of a proposed adult business are mitigated. The City Council further recognizes that the regulation of adult uses in and of itself is not sufficient to preclude the above 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: 2 In re Tennessee Public Indecency Statute, 172 F.3d 873 (6th Cir. 1999), cert, denied 529 U.S. 4 1052 (2000) [holding that the secondary effects rationale is applicable to sex oriented businesses already subject to an ordinance requiring a six foot buffer zone between performers 6 7 and patrons, and forbidding alcohol consumption; while the possibility of disease and violence 8 may be diminished by the distance restriction and lack of alcohol, the associated crime effects 9 still exist]. The City has a reasonable basis to believe this in light of the record from sister 10 jurisdictions of enforcement problems at such facilities and the judicial case law that both 12 operational standards and zoning limitations are necessary to combat the deleterious secondary effects from adult businesses. 14 15 K. Locational criteria are a legitimate and reasonable means of ensuring that 16 adult businesses are conducted in a manner so as to minimize their adverse secondary effects 17 and to thereby protect the health, safety, and welfare of Carlsbad residents, protect citizens 18 19 from increased crime, preserve the quality of life, preserve property values and the character of 20 surrounding neighborhoods and businesses, and deter the spread of urban blight. The 21 locational requirements contained in this Ordinance do not unreasonably restrict the 23 establishment or operation of constitutionally protected adult businesses in the City of Carlsbad and a sufficient and reasonable number of alternative locations for adult businesses are 25 provided by this Ordinance. The City Council takes legislative notice of the United States26 27 Supreme Court decision in Renton that requires the City provide adult businesses a reasonable 98^° opportunity to open and operate. The City Council also takes legislative notice of the Ninth Circuit's decisions in Topanga Press, Lim and Isbell with respect to availability of sites for adult 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. L. The City Council recognizes that these locational criteria do not preclude 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 4 also considers and relies on published decisions examining the proliferation of communications on the Internet. Reno v. American Civil Liberties Union, 521 U.S. 844, 117 S.Ct. 2329, 138 6 7 L.Ed.2d 874 (1997) [the principal channel through which many Americans now transmit and 8 receive sexually explicit communication is the Internet]; Anheuser-Busch v. Schmoke, 101 F.3d 9 325 (4th Cir. 1996), cert, denied 520 U.S. 1204 (1997) [the Fourth Circuit rejected a First 10 Amendment challenge to a Baltimore ordinance restricting alcohol advertisements on billboards 12 acknowledging that the Internet is one available channel of communication]; U.S. v. Hockings, 13 129 F.3d 1069 (9th Cir. 1997); see a/so U.S. v. Thomas, 74 F.3d 701 (6th Cir. 1996), cert. 14 denied 519 U.S. 820 [recognizing the Internet as a medium for transmission of sexually explicit 16 material in the context of obscenity prosecutions]. The emergence of the Internet brings with it 17 a virtually unlimited additional source of adult oriented sexual materials available to interested 18 19 persons in every community with a mere keystroke. An adult business no longer has to be 20 "actually" physically located in a city to be available in the community. 21 M. This Ordinance is further justified by the fact that without these locational 23 regulations the City will be prohibited from furthering its substantial governmental interest in protecting its residents from the aforementioned deleterious secondary effects of adult use 25 businesses. 27 N. The City further finds that definite and specified locational requirements 28 are necessary between an adult business and residential uses, schools, child day care centers, 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 the maximum extent possible; (2) prevent ad hoc decisions with respect to a potential adult business site which does not meet the City's locational criteria; and (3) provide certainty to the 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 4 regulations which will minimize and/or eliminate such exposure. The City Council takes legislative notice of the Penal Code provisions authorizing local governments to regulate matter 6 that is harmful to minors (i.e., Penal Code § 313 et seq.). The City Council further takes 8 legislative notice of the cases that recognize that protection of minors from sexually explicit 9 materials is a compelling government interest, including Crawford v. Lungren, 96 F.3d 380 (9th 10 Cir. 1996), cert, denied 520 U.S. 1117 (1997) and Berry v. City of Santa Barbara, 40 12 Cal.App.4th 1075(1995). 13 P. While the City Council is obligated to protect the rights conferred by the 15 United States Constitution to adult businesses, it does so in a manner that ensures the continued and orderly use and development of property within the City and diminishes, to the 17 greatest extent feasible, those undesirable adverse secondary effects which the above18 19 mentioned studies have shown to be associated with the operation of adult businesses. 90u Q. The City Council recognizes that numerous courts have found the 21 definition of an adult business based on the "regular and substantial course of conduct" 23 standard provides sufficient guidance for people of ordinary intelligence to know whether the 24 adult business regulations apply to them and for law enforcement personnel to enforce the 25 provisions of the ordinance, including People v. Superior Court (Lucero) 49 Cal.Sd 14 (1989), 27 and Doctor John's v. City of Roy, 465 F.3d 1150 (10th Cir. 2006). These cases have specifically 28 held that the "regular and substantial" standard is constitutionally sound and not 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 floor space numbers by adult business owners and operators to avoid application of the ordinance. -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 4 material, and the City and its Council recognize that State law prohibits the distribution of obscene materials and expect and encourage law enforcement officials to enforce State 6 obscenity statutes against such illegal activities in Carlsbad. 8 S. The City Council does not intend to regulate in any area preempted by 9 California law, including but not limited to, regulation of obscene speech, nor is it the intent of 10 the City Council to preempt regulations of the State Alcoholic Beverage Control ("ABC"). T. Nothing in this Ordinance is intended to authorize, legalize, or permit the 13 establishment, operation, or maintenance of any business, building, or use which violates any14 15 City ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or 17 public display thereof.18 19 U. The locational standards are necessary in order to protect the public 20 health, safety and welfare by reducing the adverse secondary effects associated with adult use 21 22 businesses. 23 V. Licensing permits, locational restrictions and operating standards are a 24 legitimate and reasonable means of ensuring that adult businesses are conducted in a manner 25 so as to minimize their adverse secondary effects and to help assure that such operators, 27 businesses, licensees and permittees comply with reasonable regulations related to such 28 requirements to minimize and control problems associated with such businesses and thereby protect the health, safety, and welfare of Carlsbad residents, protect citizens from increased crime, preserve the quality of life, and preserve the character of surrounding neighborhoods and businesses, and deter the spread of urban blight. The zoning and operational requirements contained in this ordinance do not unreasonably restrict the establishment or operation of constitutionally protected adult businesses in Carlsbad. 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 4 the City Council to preempt regulations of the state Alcoholic Beverage Control ("ABC"). X. Nothing in this ordinance is intended to authorize, legalize, or permit the 6 7 establishment, operation, or maintenance of any business, building, or use which violates any 8 city ordinance or any statute of the State of California regarding public nuisances, unlawful or 9 indecent exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or 10 i 1 public display thereof. 12 Y. That the proposed Zone Code Amendment, ZCA 06-02, is consistent with 13 the adopted Airport Land Use Compatibility Plan for the McClellan-Palomar Airport (ALUCP), 14 15 dated October 2004, in that: 16 1. The proposed Zone Code Amendment does not involve any land use 17 changes within the Airport Influence Area and therefore does not affect compatibility with the 18 19 safety and noise criteria; and, 20 2. The proposed zone code amendment does not allow adult businesses in 21 any zone or on any site where they were not allowed previous to the adoption of this ordinance, 22 23 nor propose any regulation that will conflict with the applicability of the ALUCP. 24 SECTION II. AMENDMENT OF CODE. Section 21.06.015 of the Carlsbad 25 Municipal Code is amended to read as follows:26 27 21.06.015 Application of Q Zone A. It is intended that the Q zone be placed on properties with unique circumstances. Examples of situations that are considered unique include but are not limited to the following: 1. Special treatment areas as indicated in the general plan; 2. Commercial zones that are in close proximity and relationship with residentially zoned properties; 3. Property proposed to be developed within a floodplain; -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 J| CUP || ACC Adult businesses (subject to Chapter 21 .43 of this title, and Chapter 8.60 of CMC Title 8) Agricultural farm worker housing (temporary) (subject to Section 21.42.140(B)(2)) Airports Alcoholic treatment centers Amusement parks Any use permitted in other commercial zones is permitted in the C-M zone, with exceptions as set out in note 1, below Aquaculture (defined: Section 21.04.036) Arcades - coin-operated (subject to Section 21.42. 140(B)(15)) (defined: Section 21.04.091) X X 3 3 2 3 2 1 -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 21. 04.057) Building material storage yards Cabinet shops Campsites (overnight) (subject to Section 21.42.140(B)(40)) Carpet cleaning plants Cemeteries Ceramic products, manufacture of, including figurines, using only previously pulverized clay and kilns fired only by electricity or low pressure gas Child day care center (subject to Chapter 21.83) (defined: Section 21 .04.086) Churches, synagogues, temples, convents, monasteries, and other places of worship Cleaning and dyeing plants Columbariums, crematories, and mausoleums (not within a cemetery) Delicatessen (defined: Section 21.04.106) P X X X X X X X X X X X X CUP 2 2 2 2 3 2 2 2 ACC -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 CUP 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 || P 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 CUP 3 3 2 2 2 2 1 2 1/2 2 ACC 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 CUP ACC Adult businesses (subject to Chapter 21 .43 of this title, and Chapter 8.60 of CMC Title 8) Agricultural farm worker housing (temporary) (subject to Section 21.42.140(B)(2)) Airports Alcoholic treatment centers 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 X X X X X X 3 3 2 X 2 2 2 2 -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 J|_ P J|_CUPj|_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 CUP ACC Gas stations (subject to Section 21.42.140(B)(65)) Golf courses Greenhouses >2,000 square feet (subject to Section 21.42.140(B)(70)) Hazardous waste facility (subject to Section 21.42.140(B)(75)) (defined: Section 21.04.167) Hospitals (defined: Section 21.04.170) Hospitals (mental) (defined: Section 21.04.175) Ice and cold storage plants Kennels Lumber yards Machine shops Manufacture of prefabricated buildings Mills, planing Mini-warehouses/self storage Mobile buildings (subject to Section 21.42.140(B)(90)) (defined: Section 21 .04.265) Mortuaries Newspaper/periodical printing and publishing Oil and gas facilities (on-shore) (subject to Section 21.42.140(B)(95)) Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70)) Parking facilities (primary use) (i.e., day use, short-term, nonstorage) Pawnshops (subject to Section 21.42.140(B)(105)) Plastics, fabrication from X X X X X 2 2 1 3 2 2 2 2 2 2 2 2 3 1 1 3 -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 X X X X X X X X CUP 2 2 2 2 1 2 1 2 1 3 3 2 2 ACC ! i -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 J| P J| CUP || ACC 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 || P || CUP J[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 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 Advertising agencies (see note 1 below) Advertising-direct mail (see note 1 below) Agricultural consultants (see note 1 below) Agricultural farm worker housing (temporary) (subject to Section 21.42.140(B)(2)) Air courier service (see note 1 below) Airlines offices, general offices (see note 1 below) Airports Alcoholic treatment centers Answering bureaus (see note 1 below) Appraisers (see note 1 below) Aquaculture (defined: Section 21.04.036) Arbitrators (see note 1 below) Architect design and planners (see note 1 below) Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses Attorney (no legal clinics) (see note 1 below) Attorney services (see note 1 below) Audio-visual services (see note 1 below) Auto storage/impound yards (i.e., overnight product storage) Auto wrecking yards (defined: Section 21 .04.040) Billing service (see note 1 below) Biological habitat preserve (subject to Section 21.42.140(B)(30)) (defined: Section 21.04.048) X X X X X X X X X X X X X 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 CUP ACC Blueprinters (see note 1 below) Book printing and publishing Bookbinding Bookkeeping service (see note 1 below) Building designers (see note 1 below) Building inspection service (see note 1 below) Burglar alarm systems (see note 1 below) Business consultants (see note 1 below) Business offices for professional and labor organizations (see note 1 below) Campsites (overnight) (subject to Section 21.42.140(B)(40)) Cemeteries Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) Churches, synagogues, temples, convents, monasteries, and other places of worship Civil engineers (see note 1 below) Collection agencies (see note 1 below) Columbariums, crematories, and mausoleums (not within a cemetery) Commercial artists (see note 1 below) Commodity brokers (see note 1 below) Communications consultants (see note 1 below) Computer programmers (see note 1 below) Computer service (time-sharing) X X X X X X X X X X X X X X X X 2 3 2 2 2 -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 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) P X X X X X X X X X X X X X X X X X X CUP 1 2 2 ACC -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 || P || CUP IACC Engineering offices (see note 1 below) Environmental services (see note 1 below) Escrow service (see note 1 below) Estimators (see note 1 below) Executive recruiting consultants (see note 1 below) Executive search office (see note 1 below) Executive training consultants (see note 1 below) Export consultants (see note 1 below) Fairgrounds Financial planners and consultants (see note 1 below) Fire protection consultants (see note 1 below) Foreclosure assistance (see note 1 below) Foundation-educational research (see note 1 below) Franchise services (see note 1 below) Fund-raising counselors (see note 1 below) Gas stations (subject to Section 21.42.140(B)(65)) Gemologists (see note 1 below) General contractors (no equipment storage permitted) (see note 1 below) Geophysicists (see note 1 below) Golf courses Government contract consultants (see note 1 below) X X X X X X X X X X X X X X X X X X 3 2 2 -26 o 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 ex I 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 Leasing services (see note 1 below) Lecture bureaus (see note 1 below) Literary agents (see note 1 below) Magazine subscription agents (see note 1 below) Mailing list service (see note 1 below) Management consultants (see note 1 below) Manufacturers agents (see note 1 below) Manufacturing and processing facilities Marketing research and analysis (see note 1 below) Message receiving service (see note 1 below) Mini-warehouses/self storage Mobile buildings (subject to Section 21.42.140(B)(90)) (defined: Section 21. 04.265) Mutual funds (see note 1 below) Newspaper/periodical printing and publishing Oil and gas facilities (on-shore) (subject to Section 21.42.140(B)(95)) On-site recreational facilities intended for the use of employees of the planned industrial zone Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70)) Parking facilities (primary use) (i.e., day use, short-term, nonstorage) Patent searchers (see note 1 below) Pension and profit sharing plans (see note 1 below) Personal service bureau (see note 1 below) P X X X X X X X X X X X X X X X CUP 2 2 2 3 1 1 ACC -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 J| P || CUP ||ACC Photographic (industrial and commercial only) (see note 1 below) Printing services (see note 1 below) Product development and marketing (see note 1 below) Public relations services (see note 1 below) Public utility companies (see note 1 below) Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Section 21.04.297) Publicity services (see note 1 below) Publishers representatives (see note 1 below) Racetracks Radio communications (see note 1 below) Radio/television/microwave/broadcast station/tower Real estate brokers (commercial and industrial only) (see note 1 below) Real estate developers (see note 1 below) Recording service (see note 1 below) Recreation facilities Recreational vehicle storage (subject to Section 21.42.140(B)(120)) (defined: Section 21.04.299) Recycling collection facilities, small (subject to Chapter 21 .105 of this title) (defined: Section 21.105.015) Recycling collection facilities, large (subject to Chapter 21 .105 of this title) (defined: Section 21.105.015) Recycling process/transfer facility Relocation service (see note 1 below) Repossessing service (see note 1 below) X X X X X X X X X X X X X 2 2 2 2 1 1 2 2 -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 || P 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 2 1.04. 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 CUP HACC 3j 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 CUP ACC Tax service and consultants (no consumer-oriented uses) (see note 1 below) Telephone cable companies (see note 1 below) Telephone systems (see note 1 below) Title companies (see note 1 below) Tour operators (see note 1 below) Trademark consultants (see note 1 below) Transit passenger terminals (bus and train) Translators and interpreters (see note 1 below) Trust companies (see note 1 below) Veterinary clinic/animal hospital (small animals) (defined: Section 21.04.378) Windmills (exceeding height limit of zone) (subject to Section 21.42.140(B)(160)) Wireless communications facilities (subject to Section 21.42.140(B)(165)) (defined: Section 21.04.379) Zoos (private) (subject to Section 21.42.140(B)(170)) (defined: Section 21. 04.400) X X X X X X X X 2 1 2 1 12 2 Note: 1. Business and professional offices which are not retail in nature, do not cater to the general public, and do not generate walk-in or drive-in traffic, and are incidental to the industrial uses in the vicinity. SECTION VI. AMENDMENT OF CODE. Chapter 21.43 of the Carlsbad Municipal Code is hereby repealed in its entirety and replaced with the following: Chapter 21.43 Adult Businesses Sections: 21.43.010 Intent and purpose. 21.43.020 Definitions. 21.43.030 Location requirements for adult businesses. 21.43.040 Other requirements for adult businesses. 21.43.050 Violations. -31 1 21.43.010 Intent and purpose. 2 A. The intent and purpose of this chapter is to regulate the location of adult businesses, which is necessary due to the following: 1. Adult businesses tend to have judicially recognized adverse secondary effects on 4 the community, including but not limited to: f a. Increases in crime in the vicinity of adult businesses; b. Decreases in property values in the vicinity of adult businesses; 6 c. Increases in vacancies in residential and commercial areas in the vicinity of adult 7 businesses; d. Interference with residential property owners' enjoyment of their properties (when 8 such properties are located in the vicinity of adult businesses) as a result of increases in crime, n litter, noise, and vandalism; and e. The deterioration of neighborhoods. 10 B. In addition to the operational regulations for adult businesses mandated in 11 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 12 constitutional rights of those individuals who desire to own, operate or patronize adult businesses. 14 21.43.020 Definitions. 15 A. The definitions found in Section 8.60.020 of the Municipal Code are incorporated herein by reference. 16 B. In addition to any other definitions contained in the Municipal Code, the following 17 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 18 definitions be in conflict with any current provisions of the Municipal Code, these definitions shall 19 prevail. 1. "Child day care center" means any child day care facility as defined in Carlsbad 20 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 22 recreational uses or both. Active recreational uses may include but are not limited to skate 23 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 24 facilities. 25 3. "Religious institution/place of worship" means any portion of a building or structure that is used primarily for religious worship and religious activities. 26 4. "Residential land use designation" means any property within the City that carries 27 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 28 (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-1 (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). 6. "School" means any institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and/or which is maintained pursuant to standards set by the Board of Education of the State of California. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education under the jurisdiction of the California Department of Education. For the purposes of this Section, "school" -32 does not include a vocational or professional institution of higher education, including a 2 community or junior college, college, or university. 21.43.030 Location requirements for adult businesses. 4 A. Zones where adult businesses are permitted. 1. Adult businesses are permitted only on sites that are within the C-M, C-M/Q, M, M-Q, P-M, or P-M/Q zones, provided such uses are not precluded by any applicable specific 6 plan or master plan. _ B. Distance requirements. 1. In addition to the zone requirements specified in subsection A of this section, an 8 adult business shall not be established or located within one thousand (1,000) feet of any of the following: a. Another adult business; 10 b. Child day care center; c. Park; d. Religious institution/place of worship; 12 e. Residential land use designation; f. Residential zone; or g. School; 14 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: 16 a. The property on which the adult business is or will be located; and 17 b. The property on which one of the uses/zones/designations specified in subsection B.1. of this section is located. 18 3. The distance requirements established by subsection B.1.a of this section shall 19 apply to: a. Any adult business operating as a legal conforming use with an approved adult 20 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. 22 4. The distance requirements established in subsection B.1 of this section shall 23 apply to those uses/designations/zones specified in subsections B.lb through B.1.g of this section that: 24 a. Are existing, or 25 b. Have received approval by the City for the use/zone/designation and said approval has not expired or become invalid. 26 5. The distance requirements from the uses/designations/zones specified in 27 subsections B.1 .b through B.1 .g of this section shall not apply to those uses/designations/zones for which the City is reviewing but has not yet approved an application to establish the 28 use/designation/zone. 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 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 1 21.43.040 Other requirements for adult businesses. 2 A. All adult businesses shall comply with the requirements of Chapter 8.60 of the Municipal Code. B. All adult business performers shall comply with the requirements of Chapter 8.70 4 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 6 the city unless the location requirements specified in Section 21.43.030 are satisfied. 7 21.43.050 Violations. 8 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 10 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. 12 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 14 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 16 impose a criminal penalty for violations of the provisions of this ordinance related to adult 17 businesses. 18 SECTION VII. AMENDMENT OF CODE. Section 21.44.080 of the Carlsbad 19 Municipal Code is amended to read as follows: 20 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 22 jn subsection A.1 of this section, subject to the requirements of subsection A.2 of this section. 23 1. Uses or activities. a. Up to 50% of the parking facilities required by this chapter for a use considered 24 to be primarily a daytime use may be provided by the parking facilities of a use considered to be 25 primarily a nighttime use; b. Up to 50% of the parking facilities required by this chapter for a use considered 26 to be primarily a nighttime use may be provided by the parking facilities of a use considered to 27 be primarily a daytime use; 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 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 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 operating hours of the buildings or uses for which the joint use of a parking facility is proposed; 4 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, 6 shall be recorded in the office of the county recorder and copies thereof filed with the planning 7 director. 8 SECTION VIM. SEVERABILITY CLAUSE. If any section, subsection, sentence, 9 clause, phrase or part of this ordinance is for any reason held to be invalid or unconstitutional by 10 ,, the final decision of any court of competent jurisdiction, such decision shall not affect the validity 12 of the remaining parts of this ordinance. The City Council hereby declares that it would have 13 adopted this ordinance and each section, subsection, sentence, clause, phrase or part thereof 14 I r irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, 16 phrases or parts are declared invalid or unconstitutional. 17 SECTION IX. EFFECTIVE DATE FOR PROPERTIES LOCATED IN THE 18 19 COASTAL ZONE. This Ordinance shall be effective no sooner than thirty (30) days after its 20 adoption but not until approved by the California Coastal Commission, and the City Clerk shall 21 certify the adoption of this Ordinance and cause it to be published at least once in a newspaper22 23 of general circulation in the City of Carlsbad within fifteen (15) days after its adoption. 24 25 SECTION X. EFFECTIVE DATE FOR PROPERTIES LOCATED OUTSIDE THE 26 COASTAL ZONE. This Ordinance shall be effective no sooner than thirty (30) days after its 27 adoption and the City Clerk shall certify the adoption of this Ordinance and cause it to be28 published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its adoption. 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 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 6ffi day of October. 2009, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 20* day of October. 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney tt, ^VS>€V^ ^ * c? ">nn*^