Loading...
HomeMy WebLinkAbout1351 - RESOLUTION NO. 1351 . . A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA RECOMMENDING APPROVAL OF TEXT AMENDMENT 87-15 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 ZONES SUBJECT TO SPECIFIC LOCATIONAL REQUIREMENTS AND A CONDITIONAL USE PERMIT, WITH FINDINGS WHEREAS, a Text Amendment was initiated by the City of Arcadia for the consideration of amending the Arcadia Municipal Code to permit certain d,efined adUlt entertainment establishments (or businesses) only in M-l and M-2 zones, subject to certain locational requirements and a Conditional Use Permit; and . WHEREAS, a public hearing was held on October 27, 1987 at which time all interested persons were given full opportunity to be heard and present evidence; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RECOMMENDS TO THE CITY COUNCIL THAT THE FOLLOWING AMENDMENT BE MADE TO THE ARCADIA MUNICIPAL CODE IN ORDER MITIGATE AND CONTROL THE NEGATIVE EFFECTS THAT ARISE OUT OF THE PROLIFERATION THROUGHOUT THE COMMUNITY AND CONCENTRATION IN ANY ONE AREA OF ADULT ENTERTAINMENT ESTABLISHMENTS: Section 1. That Part 7 of Chapter 2, Article IX of the Arcadia Municipal Code be amended to include a Division 9 to read as set forth in attached E:dlibit" A". . -1- 1351 e . ~tion 2. Based on the record, including our review of relevan~ studies, staff reports, exhibits,and testimony, the Planning Commission determines that the following findings justify the above recommendation: 1. There is substantial evidence that the proliferation of adult entert~inment establishments throughout a city and/or Uleir concentration in an~7 one zone causes adverse land use impacts on adjacent residential and commercial zones. 2. Experience in other cities indicate Ulat as adult entertainment establishments become concentrated, Uleir impact on surrounding residential and commercial land uses becomes more evident in the increased occurrence of blight and deterioration. 3. That Ule dominant single family character and quality of this community would be adversely affected by Ule presence of adult entertainment establishments in close proximity to residential and commercial zones, schools, c!lurches, parks and oUler pUblic facilities. 4. A permitted concentration of adult entertainment establishments and Uleir proliferation throughout Ule community would be inconsistent with Ule community goals of Ule City's General Plan and, for example, such ordinances dealing WiUl property maintenance and architectural review (Le. Ordinance 1452 and Ordinance 1850 respectively, as set forth in Ule Municipal Code Section 9401 and 92(5), - -2- 1351 -. . .. 5. The City's interest in regulation of adUlt entertainment establishmE'nts 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 surrounding residential, commercial and industrial zones. The noted findings made by the City of Renton, Washington (attached as Exhibit 1l.) are generally applicable to the City of Arcadia. The subsequent adoption of an adUlt entertainment ordinance will aid in the preserving the quality of the community that permits Arcadia !to continue as "the City of fine homes. with a quality business environment. The appropriate land use control of adUlt entertainment establishments minimizes the blight or .skid row' effect concomitant with such USE~, the detrimental effect on adjacent areas, and the interference to uses ill the 6. 7. 8 area. 9. AdUlt entertainment establishments commonly involve criminal type activity or contribute to such activity such as prostitution, display ,)f obscenity, and pUblic nuisance and disturbance complaints. 10. The proposed text amendment Will protect the public health, safet'l', and welfare, preserve locally recognized values of community appearance, rninimi~ the potential for nuisances related to the operation of adult oriented businesses as defined herein, and protect local property values. -3- 1351 . . . Section 1 The Planning Commission finds that the proposed te~ . amendment will create a more comprehensive zoning ordinance, and that tJle preservation of the public peace, health and safety of the people of the City of Arcadia and good zoning practice justify the above recommendations. Section 4. The decision, findings and conditions contained in this Resolution reflect the Commission's action of October 27, 1987, and the foll(.wing vote: A YES: Commissioners, Amato, Qark, Hedlund, Papay, Szany NOES: None ABSENT: None Section 5... The Secretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. . I HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the Planning Commission held on the 10th day of November, 19,~7, by the following vote: A YES: Commissioners Amato, Hedlund, Papay, Szany NOES: N:lne ABSENT: Commissioner Clark Chairman Planning Commission ATTEST: Secretary, Planning Commission City of Arcadia -4- 1351