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HomeMy WebLinkAbout98_027 PC ResolutionPC RESOLUTION NO. 98-027 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF ZONING REGULATION AND LICENSING OF SEXUALLY ORIENTED BUSINESSES. WHEREAS, the Planning Commission considered the said ordinance on July 15, 1998 at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said ordinance; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. That the Temecula Planning Commission hereby makes the following findings: 1. The Planning Commission in adopting this Ordinance takes legislative notice of the existence and content of the following studies that describe and substantiate the adverse, secondary effects of sexually oriented businesses: Austin, Texas: Indianapolis, Indiana: Los Angeles, California: Phoenix, Arizona: St. Paul, Minnesota: Garden Grove, California Upland, California 1986 1984 1977 1979 1989 1991 1992 2. Based on the foregoing studies and the other written and oral evidence presented to the Planning Commission of the City of Temecula finds that: a. Sexually oriented businesses are linked to increases in the crime rates of those areas in which they are located and that surround them; and, b. Both the proximity of sexually oriented businesses to sensitive land uses and the concentration of sexually oriented businesses tend to result in the blighting and downgrading of the property located within areas in which they are located. 3. The studies conducted in the identified communities referenced above demonstrate that the proximity and concentration of sexually oriented businesses adjacent to P:XNAASEHSXADULT.CC 8/19/98 sn 8 residential, recreational, religious, educational, or other sexually oriented businesses can cause other businesses and residents to move elsewhere; the same effect is believed to be applicable in this City in light of the circumstances present in our community. 4. The studies conducted in various communities referenced above have demonstrated that sexually oriented businesses are linked to increases in the crime rates and blighting of those areas in which they are located and that surround them; the same effect is believed to be applicable in this City in light of the circumstances present in our community. 5. The special regulation of sexually oriented businesses is necessary to ensure that their adverse secondary effects will not contribute to an increase in the crime rates or the blighting or downgrading of the areas in which they are located or surrounding areas. The need for the special regulation is based on the recognition that sexually oriented businesses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity with sensitive uses such as residential zones and uses, parks, schools, churches, or day care centers, thereby having a deleterious effect upon the adjacent areas and the subject property. 6. It is the purpose and intent of these regulations to direct the location of sexually oriented businesses and thereby to prevent such adverse secondary effects. Thus, in order to protect and preserve the public health, safety, and welfare of the citizenry, especially minors, the special regulation of the time, place, and manner of the location and operation of sexually oriented businesses is necessary. 7. The protection and preservation of the public health, safety and welfare require that certain distances be maintained between sexually oriented businesses and residential uses and zones, churches, schools, day care centers, parks and other sexually oriented businesses. In the preparation of this Ordinance, the City of Temecula has taken the location of residential, religious, educational, recreational and other sexually oriented businesses into consideration and has endeavored to minimize the effect that sexually oriented businesses have upon those sensitive areas and upon the community in general. 8. The need to regulate the proximity of sexually oriented businesses to sensitive land uses such as residential, religious, educational, recreational and other sexually oriented businesses is documented in studies conducted by other jurisdictions as listed elsewhere in this Section. 9. The report of the State of Minnesota Attorney General's Working Group on the regulation of sexually oriented businesses dated June 6, 1986, indicates that: a. Community impacts of sexually oriented businesses are primarily a function of two variables, proximity to residential areas and concentration. Property values are directly affected within a small radius, typically one block, of the location of a sexually oriented business. Concentration may compound depression of property values and may lead to an increase of crime sufficient to change the quality of life and perceived desirability of property in a P:XNAASEHSXADULT.CC 8/19/98 sn 9 neighborhood; and, b. The impacts of sexually oriented businesses are exacerbated when they are located near one another. When sexually oriented businesses have multiple uses (i.e. theater, bookstore, nude dancing, peep booths), one building can have the impact of several separate businesses. 10. In consideration of the findings of the report of the State of Minnesota Attorney General' s Working Group on the regulation of sexually oriented businesses dated June 6, 1986, it is appropriate to prohibit the concentration of multiple sexually oriented businesses in order to mitigate the compounded concentrations as described above. 11. In adopting the regulations set out in this Chapter, it is recognized that locating sexually oriented businesses covered by this Chapter in the vicinity of facilities frequented by minors will cause the exposure of minors to adult material which, because of their immaturity, may adversely affect them. In addition, it is recognized that many persons are offended by the public display of certain sexual material. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood and to an adverse effect on minors. 12. Zoning, licensing and other police power regulations are legitimate reasonable means of accountability to ensure that the operators of sexually oriented businesses comply with reasonable regulations and are located in places which minimize the adverse secondary affects that which naturally accompany the operation. 13. The City of Temecula has a legitimate health concern about sexually transmitted diseases, including AIDS, which demands reasonable regulations of sexually oriented businesses in order to protect the health and well-being of its citizens. 14. The Planning Commission has considered the decisions of the United States Supreme Court regarding local regulation of sexually oriented businesses, including but not limited to: Young v. American Mini-Theaters, Inc., 427 U.S. 50 (1976) reh. denied 429 U.S. 873; Renton v. Playtime Theaters, 475 U.S. 41 (1986) reh. denied 475 U.S. 1132; FW/PBS. Inc. v. Dallas, 493 U.S. 215 (1990); and Barnes v. Glen Theater Inc., 111 S.Ct. 2456, 115 L.Ed 2d 504 (June 21, 1991). 15. The Planning Commission has determined that locational criteria alone do not adequately protect the health, safety and general welfare of the people of Temecula and thus certain requirements regarding the ownership and operation of sexually oriented businesses are in the public interest. 16. The Planning Commission desires to protect the rights conferred by the United States Constitution. As such, the Council hereby legislates in a manner that ensures the continued and orderly development of property within the City and diminishes, to the greatest extent feasible, those undesirable secondary effects which the aforementioned studies, case law P:XNAASEHSXADULT. CC 8/19/98 sn 10 and other testimony have shown as associated with the development and operation of sexually oriented businesses. 17. It is not the intent of the Planning Commission under this Ordinance nor any provision thereof, to condone nor legitimize the distribution of obscene material, and the Council recognizes that state law prohibits the distribution of obscene materials and expects and encourages law enforcement officials to enforce State of California obscenity statutes against such illegal activities in Temecula. 18. It is not the intent of this Ordinance to suppress any speech activities protected by the First Amendment, but to enact a content neutral Ordinance which addresses the adverse secondary effects of sexually oriented businesses only as to premissable time, place and manner factors. 19. The provisions of this Ordinance would have no effect on the environment and is therefore exempt from requirements of the California Environmental Quality Act CCEQA ") pursuant to CEQA Guidelines Section 15061Co)(3). This section indicates that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It also states, that 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 activity is not subject to the provisions of CEQA. 20. On October 22, 1996, the City Council approved Ordinance No. 96-18 entitled "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA IMPOSING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES UNLESS SUCH BUSINESSES COMPLY WITH INTERIM STANDARDS PROVIDING FOR THE REGULATION AND LICENSING OF ADULT BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS." Ordinance No. 96-18 was adopted pursuant to California Government Code Section 65858 and pursuant to Section 65858 had a term of forty five (45) days from its adoption. 21. On November 12, 1996, the City Council approved Ordinance No. 96-20 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES UNLESS SUCH BUSINESSES COMPLY WITH INTERIM STANDARDS PROVIDING FOR THE REGULATION AND LICENSING OF ADULT BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS" implements the above provisions and was intended to extend the moratorium adopted by Ordinance No. 96-18 and adopted the interim sexually oriented business regulations for the period commencing on the expiration of Ordinance No. 96-18 and ending 10 months and 15 days thereafter. 22. On September 9, 1997, the City Council approved Ordinance No. 97-15 entitled "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF P:L,NMSEHSXADULT.CC 8/19/98 sn ] ] TEMECULA EXTENDING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES UNLESS SUCH BUSINESSES COMPLY WITH INTERIM STANDARDS PROVIDING FOR THE REGULATION AND LICENSING OF ADULT BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS." Ordinance No. 97-15 was adopted pursuant to California Government Code Section 65858 and pursuant to Section 65858 has an expiration date of October 15, 1998. 23. The Planning Department has reviewed the interim regulations and studied revisions of them for the permanent regulations. This study included the sites available for sexually oriented businesses under the existing Zoning Ordinance and interim regulations to determine whether such locations continue to be appropriate for sexually oriented businesses and whether other locations would be appropriate, the potential concentration of sexually oriented businesses, and their location to other existing and future sensitive land uses. 24. The Planning Commission finds and determines that uses regulated or prohibited by this Ordinance would be in conflict with the general plan and with the zoning Ordinance for the location of sexually oriented businesses. It is the purpose and intent of this Ordinance to provide for the reasonable and uniform regulation of sexually oriented businesses in the City of Temecula. It is recognized that sexually oriented businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located if not properly regulated. It is therefore the purpose of this Ordinance to establish criteria and standards for the establishment and conduct of sexually oriented businesses which will protect the public health, safety, and general welfare, preserve locally recognized values of community appearance, minimize the potential for nuisances related to the operation of sexually oriented businesses, and maintain local property values. Uses prohibited by this Ordinance would affect significant changes in vehicular traffic, noise, pedestrian safety, air quality, parking, neighborhood character, and will create a demand on public safety and emergency services, and will have an adverse impact upon real estate values in the City of Temecula. Section 2. Environmental Compliance. The provisions of this Ordinance would have no effect on the environment and is therefore exempt from requirements of the California Environmental Quality Act CCEQA") pursuant to CEQA Guidelines Section 15061(b)(3). This section indicates that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It also states, that 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 activity is not subject to the provisions of CEQA. Section 3. The Planning Commission recommends the City Council to approve the attached ordinance adding Chapter 5.09 as the Zoning Regulation and Licensing of Sexually Oriented Businesses A. Exhibit A, attached hereto. P:XlqAASEHSx&DULT.CC 8/19/98 sn ] 2 Section 4. PASSED, APPROVED AND ADOFrED this 15th day of July, 1998. [ 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 15th day of July, 1998 by the following vote of the Commission: AYES: 3 PLANNING COMMISSIONERS: NAGGAR, SLAVEN, WEBSTER NOES: 0 PLANNING COMMISSIONERS: NONE ABSENT: 2 PLANNING COMMISSIONERS: GUERRIERO, SOLTYSIAK Debbie Ubnoske, Secretary P:XNAASEHSXADULT.CC 8/19/98 m 13