HomeMy WebLinkAbout00_013 PC ResolutionRESOLUTION NO. 2000-013
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING PORTIONS OF CHAPTER $.09 OF
THE TEMECULA MUNICIPAL CODE REGULATING ADULT
BUSINESSES (PLANNING APPLICATION PA00-0041)"
WHEREAS, On November 9, 1993, the City Council of the City of Temecula adopted the
General Plan; and
WHEREAS, On October 13, 1998, the City Council of the City of Temecula adopted
Ordinance 98-19 amending Chapter 5.09 to the Temecula Municipal Code to regulate adult
businesses within the City; and
WHEREAS, the City Council has identified a need to amend this Ordinance; and
WHEREAS, notice of the proposed Ordinance was posted at City Hall, County Library,
Rancho California Branch, the U.S. Post Office and the Temecula Valley Chamber of Commerce;
and,
WHEREAS, the Planning Commission, after a duly notice public hearing, considered the
proposed amendment; and,
NOW, THEREFORE, THE PLANNING COMMISSION FOR THE CITY OF TEMECULA
DOES HEREBY RECOMMENDS THAT THE COUNCIL APPROVE AN ORDINANCE ENTITLED
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING
PORTIONS OF CHAPTER 8.09 OF THE TEMECULA MUNICIPAL CODE REGULATING ADULT
BUSINESSES (PLANNING APPLICATION PA00-0041)" THAT IS SUBSTANTIALLY IN THE
FORM ATTACHED TO THIS RESOLUTION AS EXHIBIT A.
PASSED, APPROVED, AND ADOPTED this 15th day of March, 2000.
~on ~uerr~ero, Chairperson
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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 15TM day of March
2000 by the following vote of the Commission:
AYES: 4
NOES: 0
ABSENT: 1
ABSTAIN: 0
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
MATHEWSON, TELESIO, WEBSTER,
GUERRIERO
NONE
FAHEY
NONE
Deb'hie Ubnoske, Secretary
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EXHIBIT A
PROPOSED ORDINANCE
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EXHIBIT A
ORDINANCE 2000-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING PORTIONS OF CHAPTER 5.09 OF THE
TEMECULA MUNICIPAL CODE REGULATING ADULT
BUSINESSES (PLANNING APPLICATION PA00-0041 THE CITY
COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Section 5.09.040.L of the Temecula Municipal Code is hereby amended to
read as follows:
"L. Re.qular and substantial course of conduct and business shall mean any Adult
Business where one or more of the following conditions exist:
1. The area(s) devoted to the display of Adult Material exceeds fifteen
percent (15%) of the total display area of the business or 100 square feet which ever is less.
Display area shall include the area of the racks, or any other means to display the adult materials,
and the walkways and areas used to view or access the displayed materials; or
2. Any Adult Material depicting Specified Anatomical Areas or Specified
Sexual Activities on the exterior of its packaging is displayed in a manner which is accessible to
persons under the age of eighteen (18) years. For the purposes of this Chapter such Adult Material
shall not be deemed accessible to persons under the age of eighteen (18) if an area within the
business is established for the placement of such material and is labeled "adults only"; or
3. The business or concern presents any type of live entertainment
characterized by an emphasis on Specified Sexual Activity or Specified Anatomical Areas, or
performers, models or employees appearing in public dressed only in lingerie on any four (4) or
more separate days within any ninety (90) day period."
SECTION 2. Severability. The City Council hereby declares that the provisions of this
Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the
validity of the remaining parts of this Ordinance.
SECTION 3. Effective Date. This Ordinance shall be in full force and effect thirty (30) days
after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of
this Ordinance to be posted in three designated posting places.
SECTION 4. This Ordinance shall be in full force and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City
Councilmembers voting thereon, it shall be published in a newspaper published and circulated in
said City.
SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause
the same to be posted as required by law.
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PASSED, APPROVED AND ADOPTED this th day of ,2000.
ATTEST:
Jeff Stone, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 2000- was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the th day of ,2000 and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the th
day of ,2000, by the following vote:
AYES:
0 COUNCILMEMBERS:None
NOES:
0 COUNCILMEMBERS:None
ABSENT: 0 COUNCILMEMBERS:None
Susan W. Jones, CMC
City Clerk
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