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HomeMy WebLinkAbout1872 ORDINANCE NO. 1872 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING DIVISION 9 TO PART 7 OF CHAPTER 2, ARTICLE IX LIMITING ADULT ENTERTAINMENT ESTABLISHMENTS TO THE M-l AND M-2 ZONE SUBJECT TO SPECIFIC LOCATIONAL REQUIREMENTS AND A CONDITIONAL USE PER!1IT THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERIlINE AND ORDAIN AS FOLLOWS: SECTION 1. That a Division 9 is hereby added to Part 7 of Chapter 2, Article IX of the Arcadia !1Unicipal Code to read as follows: ARTICLE IX. CHAPTER 2 PART 7. DIVISION 9. TITLE 2. DIVISION AND USE OF LAND ZONING REGULATIONS OVERLAY AND SPECIAL ZONES ADULT ENTERTAI ut1ENT ESTABLI SH/1ENTS REGULATIONS 9279. FINDINGS. Based on the record of the public hearings conducted concerning Ordinance No. 1872 before the Planning Commission and City Council and the review of testimony, and documentation submitted to the City Council including staff reports and studies concerning the effects and problems concomitant to adult businesses, the City Council makes the following findings: 1. There is substantial evidence that the proliferation of adult entertainment establishments throughout a city and/or their concentration in anyone zone causes adverse land use impacts on adjacent residential and commercial zones. -1- 1872 2. Experience in other cities indicate that as adult entertainment establishments become concentrated, their impact on surrounding residential and commercial land uses becomes more evident in the increased occurrence of blight and deterioration. 3. That the dominant single family character and quality of this community would be adversely affected by the presence of adult entertainment establishments in close proximity to residential and commercial zones, schools, churches, parks and other public facilities. 4. A permitted concentration of adult entertainment establishments and their proliferation throughout the community would be inconsistent with the community goals of the City's General Plan and, for example, ordinances dealing with property maintenance and architectural review such as Ordinance 1452 and Ordinance 1850 respectively, as set forth in Municipal Code Sections 9401 and 9295 et. seq. 5. The City's interest in regulation of adult entertainment establishments is unrelated to the suppression of free expression. However, the regulation of adult entertainment establishments is related to our concern over secondary effects of such businesses on the City. 6. The subsequent adoption of an adult entertainment ordinance will aid in preserving the quality of the community that permits Arcadia to continue as "the City of fine homes' with a quality business environment. -2- 1872 7. The appropriate land use control of adult entertainment establishments minimizes the blight or "skid row" effect concomi tant with such uses, the det r imental effect on ad jacent areas, and the interference to uses in the area. 8. Adult entertainment establishments commonly involve criminal type activity or contribute to such activity such as prostitution, display of obscenity, public nuisance and disturbance complaints. 9. Ordinance No. 1872 will protect the pUblic health, safety, and welfare, preserve locally recognized values of community appearance, minimize the potential for nuisances related to the operation of adult oriented businesses as defined herein, protect local property values, and generally preserve the quality of urban life in Arcadia. 10. Areas within close walking distance of single and multiple family dwellings should be free of adult entertainment land uses. 11. Areas where children could be expected to walk, patronize or recreate should be free of adult entertainment land uses. 12. Adult entertainment land uses should be located in areas of the City which are not in close proximity to residential uses, churches, parks and other public facilities, and schools. -3- 1872 13. The image and vital i ty of the Ci ty of Ar cadia as a pleasant and attractive place to reside and do business will be adversely affected by the presence of adult entertainment land uses in close proximity to residential land uses, churches, parks and other public facilities, schools, and commercial zones. 14. Regulation of adult entertainment land uses should be developed to prevent deterioration and/or degradation of the community before the problem exists, rather than in response to an existing problem. 15. Commercial areas of the City patronized by young people and children should be free of adult entertainment land uses. 16. Adult entertainment land uses should, in general, be regulated by zoning to separate it from other dissimilar uses just as any other land use should generally be separated from uses with characteristics different from itself. 17. Exper ience in numerous other cities. has shown that location of adult entertainment land uses degrade the quality of the area of the. City in which they are located and cause a blighting effect upon the City. 18. No evidence has been presented to show that location of adult entertainment land uses within the City will improve the commercial viability of the community. 19. A reasonable regulation of the location of adult entertainment land uses will provide for the protection of the image of the communi ty and its property values, and protect the residents of the community from the adverse effects of such adult entertainment land uses, while providing to those who desire to -4- 1872 patronize adult entertainment land uses such an opportunity in areas within the City which are appropriate for locatLon of adult entertainment land uses. 20. The initial location of adult entertainment land uses will lead to the location of additional and similar uses within the same vicinity, thus multiplying the adverse impact of the initial location of adult entertainment land uses and the negative impact of such uses upon the image and quality of Arcadia. 9279.1. PERMITTED ZONE. The uses defined herein shall be permLtted uses Ln the M-l and M-2 zones of the City of Arcadia, subject to the requirements set forth herein. Such uses are prohibited in all other zones in the City. 9279.2. DEFINITIONS. For purposes of this Ordinance adult entertainment establLshments (businesses) are defined as follows: a. Adult Book Store An establishment having a substantial or signLficant portion of Lts stock Ln trade, book, magazines and other periodicals which are distinguished or characterized by theLr emphasis on matter depicting, describing or relating to "specLfied sexual activities" or "specifLed ana tomL cal areas" or an establ i shment with a segment or secti on devoted to the sale and/or rental of such materials, unless this section or segment compr ises less than 25% of the total floor space used for dLsplay wLthLn the establishment and is separated from the remaLnder of the store by a separate walled off area with an entrance designated in large print for "Adults Only." -5- 1872 b. Adult Motion picture Theater - An enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. c. Adult Mini Motion Picture Theater - An enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons herein. d. Adult Hotel or Motel - A hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." e. Adult Motion Picture Arcade - Any place to which the pUblic is permitted or invited wherein coin or slug-operated or electronically, electrically or meChanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at anyone time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas. " -6- 1872 f. Adult Video Store An establishment having as a substantial or significant portion of its stock in trade material (video cassettes, movies, films) characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas,. or, an establishment with a segment or section of the premises allocated to the sale and/or rental of such materials, unless this section or segment comprises less than 25% of the total floor space used for display within the establishment and is separated from the remainder of the store by a separate walled off area with an entrance designated in large print for "Adults Only.' g. Cabaret - A nightclub, theater or other establishment which features live performance by topless and/or bottomless dancers, go-go dancer, exotic dancers, strippers, or similar entertainers, where such performances are dLstLnguished or characterized by an emphasis on "specified sexual activities' or "specified anatomical areas." This includes any bar, restaurant, or other establishment ut Llizing such live performance at any time on theLr premises. h. Massage Parlors/Acupressure - Any establishment where, for any form of consideration or gratuLty, massage, alcohol rub, admLnistration of fomentatLons, or any other treatment or manipulation of 'specified anatomical areas' occurs, including finger pressure teChniques on certain points or portions of the body commonly referred to as acupressure. The following uses shall not be included within the definition of a massage parlor: -7- 1872 (1) establishments which routinely provide such services by a licensed physician, a licensed chiropractor, a licensed osteopath, a licensed practical nurse or a registered professional nurse, licensed physical thera?ists: (2J electrolysis treatment by a licensed operator of electrolysis equipment; (3) continuing instruction in martial or performing arts or in organized athletic activities; (4) hospitals, nursing homes, medical clinics or medical offices; and (5) barbershops or beauty parlors which offer massage to the scalp, the face, the neck or shoulders only. 1. l~odel Studio - Any business 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 depicted by persons paying such consideration or gratuity. j. Sexual Encounter Center Any business, agency or person who, for any form of consideration or gratuity, ?rovides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in "specified sexual activities" or exposing "s?ecified anatomical areas.' k. Any other business or establishment which offers its patrons services or entertainment character ized by emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." -8- 1872 9279.3. SPECIFIED SEXUAL ACTIVITIES DEFINED. For purposes of this Ordinance "specified sexual activities' shall include the following: a. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, beastiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the fOllowing depicted sexually oriented acts of conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or b. Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or c. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or d. Fondling or tOUChing of nude human genitals, pUbic region, buttocks or female breast; or e. Masochiam, erotic or sexually oriented torture, beating or the infliction of pain; or f. Erotic or lewd touching, fondling or other contact with an animal by a human being; or g. Human excretion, urination, menstruation, vaginal or anal irrigation. 9279.4. SPECIFIED ANATOI~ICAL AREAS DEFINED. For purposes of this Ordinance 'specified anatomical areas' shall include the fOllowing: -9- 1872 a. Less than completely and opaquely covered (1) human genitals, pubic regLon; (2) buttock, and; (3) female breast below a poLnt immedLately above the top of the areola; and b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 9279.5. LOCATIONAL REQUIREI1ENTS. Adult Entertainment Establishments as defined above shall be permitted in the M-l and M-2 ZoneS only, subject to the following requirements: 1. Adult EntertaLnment Establishments shall be separated from each other by a distance of at least 1000 feet. 2. Adult EntertaLnment Establishments shall be prohLbited within 500 feet from any commercial zone and 750 feet from any resLdential zone. The distances provLded in this Section shall be measured by following a straight line, without regard to intervening buildings, from the nearest poLnt of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or the land use district boundary line from which the proposed land use is separated. 9279.6. CONDITIONAL USE PERMIT. All Adult Entertainment Establishments which meet the distance requLrements set forth herein, are SUbject to the conditional use procedures of Arcadia 11unicipal Code Section 9275.2 et. seq. and the requirements set forth in Arcadia Municipal Code Section 9275.1.2. SECTION 2. Title 1 of Division 5, Part 7 of Chapter 2 Article IX is amended to add the following subsectLon to read as follows: -10- 1872 9275.1.45.(a) ADULT ENTERTAINMENT ESTABLISHMENTS. 11-2 Zones. SECTION 3. PENALTY. NUISANCE. No person shall violate any provision, or fail to comply with any of the requirements of this Ordinance. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under any provision of this Ordinance shall be punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the City Jailor County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day dur ing any portion of which any violation of any provision of the Ordinance is committed, continued, or permitted by such person and shall be punishable accordingly. In addition to the penalties provided herein preceding section, any condition caused or permitted to exist in violation of any of the provisions of this Ordinance shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continued shall be regarded as a new and separate offense. SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City council of the City of Arcadia hereby declares that it M-l and -11- 1872 would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or porti ons be declared invalid or unconstitutional. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of the City within fifteen [15) days of its adoption. Passed, approved and adopted this 5thday of January ,198H. ~ City ,. "'" ,', . /. . " of Arcadia , -::. -= ATTEST: ~'o:~"". w.';''-; ~ -"' / / ~~,}~,.-::. City Clerk of,th~_<;.ity' of Arcadia -12- 1872 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF ARCADIA I, CHRISTINE VAN MAANEN, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 1872 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 5th day of January , 1988, and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmembers Chandler, Lojeski, Young and GilD NOES: Councilmember Harbicht ABSENT: None City Clerk of the City of Arcadia -13- 1872