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HomeMy WebLinkAbout91_100 PC ResolutionPC RESOLUTION NO. 91-100 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THE CITY COUNCIL ADOPT THE DIRECTIONAL SIGN ORDINANCE. WHEREAS, City Ordinance No. 90-04 adopted by reference certain aortions of the non-codified Riverside County Ordinances, including Ordinance No. 348 "Land Use Code"); and WHEREAS, such regulations do not contain provisions for the use of directional signs for off-site advertising; and WHEREAS, the City of Temecula desires to regulate the use of directional signs for off-site advertising and to protect the health, quality of life, and the environment of the residents of Temecula; and WHEREAS, public hearing was conducted on October 21, 1991, at which time interested persons had an opportunity to testify either in support or opposition; 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; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the Planning Commission of the City of Temecula hereby finds that the proposed Directional Sign Ordinance will provide for the establishment of regulations for the off-site directional signs in a fair and equitable manner. SECTION 2. That the Planning Commission of the City of Temecula further finds that the proposed Directional Sign Ordinance is necessary to bring about eventual conformity with its land use plans. SECTION 3. That the Planning Commission of the City of Temecula hereby recommends to the City Council adoption of the proposed Directional Sign Ordinance. The Ordinance is incorporated into this Resolution by this reference and marked Exhibit "A" and dated October 21, 1991 for identification. A:DIRECTIONAL SIGN PASSED APPROVED AND ADOPTED this 21st day of October 1991 G~ary Thornhill Planning Director 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 21st day of October, 1991 by the following vote of the Commission AYES: 5 NOES: 0 ABSENT: 0 COMMISSIONERS Blair, Chiniaeff, Fahey, Ford, and Hoagland COMMISSIONERS None COMMISSIONERS None A:DIRECTIONAL SIGN 6 ORDIN~NCye NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 5. TO THE TEMECULA MUNICIPAL CODE PERTAINING TO THE REGULATION OF ADULT BUSINESSES. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. FINDINGS. That the Temecula City Council hereby makes the following findings: Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its deci- sions be consistent with the general plan, if all of the follow- ing requirements are met: (a) The city is proceeding in a timely fashion with the preparation of the general plan. (b) The planning agency finds, in approving projects and taking other actions, each of the following: There is reasonable probability that the land use or action proposed will be consistent with the general plan proposal being consid- ered or studied or which will be studied within a reasonable time; (2) There is little or no probability of substan- tial detriment to or interference with the future adoDted general plan if the proposed use or action is ultimately inconsistent with the plan; (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is 1 proceeding in a timely fashion with the preparation of its General Plan. The proposed land use regulations are consistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: (a) The city is proceeding in a timely fashion with the preparation of the general plan. The City Council finds, in adopting land use regu- lations pursuant to this title, each of the fol- lowing= (1) There is reasonable probability that Ordi- nance No. 91- will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (2) There is little or no probability of substan- tial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. WHEREAS, studies conducted in various communities in other jurisdictions have demonstrated that the proximity and concentration of adult businesses adjacent to residential, religious, educational, or other adult businesses can cause other businesses and residents to move elsewhere. Adult businesses are linked to increases in crime rates in areas surrounding such businesses and such businesses may adversely affect the public health, safety, and welfare of citizens; and WHEREAS, adult uses are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity to residential neighborhoods, thereby having a deleterious effect upon the adjacent areas. Special regulation of these areas is necessary to ensure that these adverse effects will not contribute to the blighting or downgrad- ing of the surrounding neighborhood. The primary control or regulation is for the purpose of preventing the concentration or location of these uses in a manner that would create such adverse effects; and 2 WHEREAS, the City Council finds that this Ordinance provides a sufficient n,~m~er of locations within the City in which all of the types of businesses regulated by this Ordinance be conducted. The location and design standards established by this ordinance do not unreasonably restrict the development of adult-oriented businesses; and WHEREAS, permitting and/or licensing is a legitimate and reasonable means of accountability to ensure that operators of sexually oriented business comply with reasonable regulations and to ensure that operators do not knowingly allow their estab- lishments to be used as places of illegal sexual activity or solicitation. ~. Chapter 5. is hereby added to the Temecula Municipal Code, which shall read as follows: " CHAPTER 5. ADULT BUSINESSES Purpose and Intent. It is purpose and intent of this Ordinance to provide for the comprehensive and orderly regulation of adult businesses. It is recognized that these establishments by their very nature may have serious objectionable operational characteristics which, when concentrated, can have a deleterious effect upon areas. In order to protect and preserve the public health, safety and welfare of the citizenry, especially including minors, special regulation of the time, place and manner Of the operation and location of these establishments is necessary. The provisions of this Ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any commutative materials, including sexually oriented materials. Definitions. The following words and phrases shall, for the purposes of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. (a) "Adult Bookstore" means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consid- eration any one or more of the following: (1) Books, magazines, periodicals, or other printed matter, or photographs, films, motion picture, video cassettes or video reproduc- tions, slides, or other visual representa- tions which depict or describe "specified sexual activities" or "specified anatomical areas"; instruments, devices, or parapherna- lia which are designed for use is connection with "specified sex~al activities" a commer- (b) (c) cial establishment may have other principal business purposes that do not involve the offering for sale or rental material depict- ing or describing "specified sexual activi- ties" or "specified anatomical ares" still be categorized as Adult Book Store or Adult Video Store. such other business purposes will not serve to exempt to serve such com- mercial establishments from being categorized as an Adult Bookstore or Adult Video Store so long as one of its principal purposes is the offering for sale or rental for consideration the specified materials which depict or de- scribe "specified sexual activities" or "specified anatomical areas." "Adult business" means a business which is con- ducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage, either by law and/or by the operators of such businesses. "Adult business" also means and includes any adult arcade, adult bookstore, adult cabaret, adult hotel or motel, adult the- ater, adult model studio, body painting studio, massage parlor and any other business involving "specified sexual activities" or display or "spec- ified anatomical areas." "Adult cabaret" means any nightclub, bar, restau- rant, or similar establishment which is distin- guished or characterized by its emphasis in the entertainment presented on: (1) Live performances which is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical area; and/or Films, motion pictures, video cassettes, slides or other photographic reproductions whose dominant or predominant character and theme is the depiction of specified sexual activities or specified anatomical areas for the observation by patrons. "Adult hotel/motel" means a hotel, or similar commercial establishment which: (1) Offers accommodations to the public for any form of consideration; 4 Provides patrons with close circuit televi- sion transmissions, films, motion pictures, video cassettes, slides, or other photograph- ic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas;" and has a sign visible for the public right of way which advertises the availabili- ty of this adult type of photographic repro- ductions; or (3) Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or (4) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours. "Adult model studio" means any establishment open to the public where for any form of consideration of gratuity, human models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculpted, photographed, or otherwise depicted by persons other than the proprietor paying such con- sideration or gratuity. This provision shall not apply to any school of art, a firm which operated by an individual, firm association, partnership, corporation or institution which meets the reqq~irements established in the Education Code of the State of California of the issuance or conferring of a diploma. (f) "Adult picture arcade" means any place to which the public is permitted or invited wherein coin or token-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 any one time, and where the emphasis of the images so displayed is on depiction of specified sexual activities or specified anatomical areas. (g) "Adult theater" means a theater, concert hall, auditorium or similar establishment, either indoor or outdoor in nature, which presents live enter- tainment, films, motion pictures, slide photo- graphs, video cassettes or similar photographic reproductions which are distinguished or charac- terized by their emphasis on matter depicting, describing or relating to specified sexual activi- ty or specified anatomical areas. 5 (h) "'Body painting studio" means any.establishment or business which provides the service of applying paint or any other substance, whether transparent or not, to or on the human body when such body is wholly or partially nude in terms of specified anatomical areas. (i) (J) "Escort" means a person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately per- form a strip tease for another person. "Escort Agency" means any person or business asso- ciation who furnishes, offers to furnish, or ad- vertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consid- eration. (k) "Establishment" means and includes any of the following: (1) The opening Or commencement of any sexually oriented business; (2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; (3) The additions of any sexually oriented busi- ness to any other existing sexually business; or (4) The relocation of any sexually oriented busi- ness. (l) (m) "Massage parlor" means any place where for any form of consideration or gratuity, massage, alco- hol rub, administration of fomentations, electric or magnetic treatments, or any other treatment of manipulation of the human body occurs. "Material relative to adult businesses" means and includes but is not limited to accessories, books, magazines, photographs, prints, drawings, paint- ings, motion pictures and pamphlets or any combi- nation thereof. (n) "Permittee" means a person in whose name a permit to operate an adult business has been issued as well as the individuals listed as an applicant on the application for a permit. (o) (q) (r) (s) "Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity. "Sexual Encounter/Rap Center" means any business or commercial enterprise that, as one of its pri- mary business purposes, offers any form of consid- eration: 1) physical contact in the form of wres- tling or tumbling between persons of the opposite sex; or 2) activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity. "Specified anatomical areas" means and includes any of the following: (~) Less than complete and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point above the top of the areola; or (2) Human male genitals in a discernible turgid state, even if completely or opaquely cov- ered. "Specified sexual activities" means and includes any of the following: The fondling or touching of human genitals, public regions, buttocks, anus or female breasts, or (2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copu- lation, or sodomy; or (3) Masturbation, actual or simulated; or (4) Excretory functions as part of, or in connec- tion with, any of the activities set forth in subsections i through 3 of this section; or (5) Human genitals in a state of sexual stimulation or arousal. "Transfer of ownership or control" of an adult business means and includes any of the following: (1) The sale, lease, or sub-lease of a business; 7 (2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or other similar means; or (3) The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. Restricted to Commercial Zones. Notwithstanding any provision to the contrary in this Chapter, no adult business shall be established, expanded or conducted except in a C-1/CP zone and then shall conform to all regulations contained in this Chapter. ~Qnditional Use Permit. No adult business shall be opened, established or relocated except upon the granting of a conditional use permit therefore in accordance with Section 18.28 of Ordinance No. 348 of the Non-Codified Codes of the County of Riverside as adopted by the City of Temecula pursuant to Ordi- nance No. 90-04 and Section 1 thereof, in addition to an Adult Business Permit recluired by this Chapter. The requirements of Ordinance 348 and of this Chapter first shall be construed in a manner to make them compatible. Where there is a conflict in provisions between the two, the provisions of this Chapter shall control. 0p~N~tional criteria. In addition to the base zone requirements governing use pursuant to Section and the minimum development standards pursuant to Section , the following additional requirements shall be satisfied by adult businesses, such additional requirements shall be included in any approved Conditional Use Permit. (a) Locational Standards. (1) No adult business shall be located within one thousand (1,000) feet of: Any residential use, whether inside or outside of the Temecula City limits; be Any church, chapel, or similar regular place of worship, whether inside or outside of the Temecula city limits; Any school or day care establishment, public or private, park or playground, whether inside or outside of the Temecula city limits; 8 Any retirement home or convalescent hospital, whether inside or outside of the Temecula city limits; (c) Any recreational facility, such as game arcade, bowling alley, skateboard rink, skating rink, or similar area where minors regularly congregate, whether inside or outside of the Temecula City limits; City Hall, City Offices, and other pub- lic buildings; Libraries, whether inside or outside of the Temecula City limits. (2) An adult business may not be operated within two hundred (200') feet of another adult business, whether within or outside of the Temecula City limits. An adult business may not be operated in the same building, structure, or portion thereof, containing another adult business. (4) For purposes of thie ordinance, all distance shall be measured in a straight line, without regard for intervening structures, from the nearest property line for which the adult business will be located to the nearest prop- erty line of a use or district listed above. (5) For purposes of subsection (2) of this sec- tion, the distance between any two adult businesses shall be measured in a straight line, without regard to intervening struc- tures or objects, from the closest exterior wall of the structure in which each business is located. A person may not operate an adult business without a valid permit, issued by the City for the partic- ular type of business. Said use shall have a separate business entrance adjacent to the required parking area. Additional off-street parking facilities may be required if deemed necessary by the city. (d) (e) (f) (g) (h) (i) The city Planning Commission shall review and approve all signing and architectural graphics. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the Fire Department and building regulations and standards adopted by the City of Temecula. No adult business shall be operated in any manner that permits the observation of any material de- picting, describing or relating to specified sexu- al activities or specified anatomical areas from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening. Lighting in Parking Lots. Lighting shall be re- quired which is designed to illuminate all off- street parking areas serving such use for the purpose of increasing the personal safety of store patrons and reducing the incidents of vandalism and theft. Said lighting shall be shown on the required plot plans and shall be reviewed and approved by the Department of Community Develop- ment. Amplified Sound. No loudspeakers or sound equip- ment shall be used by an adult business for the amplification of sound to a level discernible by the public beyond the walls of the building in which such use is conducted or which violates any noise restrictions as may be adopted by the City of Temecula. The building entrance to an adult business shall be clearly and legibly posted by a notice indicat- ing that minors are precluded from entering the premises, said notice shall be constructed and posted to the satisfaction of the Planning Direc- tor. (j) Picture Arcades. (1) No picture arcade shall be maintained or operated unless the complete interior of the picture arcade is visible upon entrance to such picture arcade. No partially or fully enclosed booths or partially or fully con- cealed booths shall be maintained. Notwith- standing this Ordinance, any picture arcade 10 (2) (3) (4) (5) (7) lawfully in existence prior to the adoption of this subsection shall conform to the pro- vision of this subsection within three (3) months of the effective date of this Section. This subsection shall also be applicable to any picture arcade which is not open for business prior to the date that this section takes effect. Minimum Lighting. No person shall operate a picture arcade unless a light level of not less that two (2) foot candles at floor level is maintained in every portion of said estab- lishment to which the public is admitted. Wall and Partition Construction. No person shall operate a picture arcade unless any wall or partition which is situated so as to create a room or enclosure in which any image producing device is located is constructed of not less than 1-hour fire resistive material. Minimum Aisle Width. No person shall operate a picture arcade in which the width of the aisles in any room where an image producing device is located is less than forty-two (42) inches. Minimum Doorways. No person shall operate a picture arcade unless there are no fewer than two (2) doorways of a width no less than thirty-six (36) inches which provide ingress or egress from any room from which an image producing device is located; provided, howev- er, that one (1) doorway shall be sufficient in the event the fire marshal should so de- termine. The doorway or doorways shall be unlocked during business hours. Lighted Exit Signs. No person shall operate a picture arcade unless over every doorway which provides egress from any room in which an image producing device is located, an internally illuminated exit sign with letters of at least five (5) inches in height is maintained. Maximum, Occupancy Load. No person shall operate a picture arcade in which the number of persons in any room or partitioned portion of a room where an image producing device is located exceeds one (1) person per thirty 11 (30) square feet. The maximum occupancy permitted in any room or partitioned portion of a room in which an image producing device is located shall be conspicuously posted by the operator and shall remain posted at the entrance to said room. (8) Maximum Number of Devices. No person shall operate a picture arcade in which the number of image producing devices exceeds the maxi- mum occupancy load permitted in any room or partitioned portion of · room in which an image producing device is located. (k) Adult Motels. (1) Evidence that a sleeping room is in a hotel, motel or a similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this Chapter. (2) A person is in violation of the provisions of this Chapter if, as a person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have an adult business permit, he/she rents or sub-rents a sleeping room to that person and, within ten (10) hours from the time the room is rented, he/she rents or sub-rents the same sleeping room again. (3) For purposes of sub-section (2) of this sec- tion, the term "rent" or "sub-rent" means the act of permitting a room to be occupied. Adult Business Conditional Use Permit. Application for conditional use permit for an adult business shall be accompanied by: (1) A statement that the site of the proposed business is not located: Within one thousand (1,000) feet of any district, structure or boundary as de- fined in Section .; 12 within two hundred (200) feet of another adult businesses, whether within or outside of the Temecula City limits. (2) A scale map or drawing accurately depicting land uses within a radius of one thousand (1,000) feet of the exterior boundaries of the property on which the adult business is proposed to be operated. I~suance of Adult Business Permit. An applicant for the operation of an adult businesses must obtain an adult busi- ness permit in addition to a conditional use permit, such adult business permit shall be non-transferable and must be renewed on an annual basis on the anniversary date of the original applica- tion. The permit obtained is not transferable and a new permit must be obtained if the business is leased, sold or otherwise transferred for any reason. Applicants for such permits shall file a written, signed and verified application or renewal application on a form provided by the Community Development Department. The name and permanent address of applicant. (1) (2) The name and business address of the appli- cant. If the applicant is a corporation, the name shall be exactly as set forth in its Articles of Incorporation and the applicant shall show the name and residence address of each of the officers, directors and each stockholder owning no less than twenty-five percent (25%) of the stock of the corpora- tion. If the applicant is a partnership, the application shall show the name and residence address of each of the members, including limited partners; (3) A detailed description of the manner of pro- riding proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment; (4) (5) Hours of operation; A location, address and floor plan showing where the specific entertainment uses are proposed to be conducted within the building; (6) The name or names of the person or persons having the management or supervision of 13 applicant's business and of any entertain- ment; (c) (7) A statement of the nature and character of applicant's business if any, to be carried on in conjunction with such entertainment; and For a renewal application, applicant in addi- tion shall indicate any changes since the filing of the initial application. Ail applications for a permit or renewal shall be filed with the City Police Department on forms prescribed Dy the Police Department. Each appli- cation determined by resolution of the city Coun- cil shall be accompanied by a non-refundable fee for filing or renewal determined by resolution of the City Council, which fees will be used to de- fray the costs of investigation, inspection and processing of such applicants. After an investigation, the Police Chief shall approve the issuance of a permit or renewal if he finds one or more of the following to be true: (l) That the building, structure, equipment and location used by the business for which a permit is required herein does not comply with the requirements and standards of the health, zoning, fire and safety laws of the State of California and of the City of Temecula; (2) (3) (4) That the applicant, his or her employee, agent, partner, director, officer, stockhold- er or manager has knowingly made any false, misleading or fraudulent statement of materi- al fact in the application for a permit, or in any report or record required to be filed with the Police Department, Sheriff or other department of the City; That the applicant has had any type of adult business permit revoked by any public entity within two (2) years of the date of the ap- plication; That on the date that the business for which a permit is required herein commences, and thereafter, there will be no responsible per- son on the premises to act as manage at all times during wh~.ch the business is open; 14 (5) That the applicant has not shown how the on- premises manager will prevent the business from being used as a place where prostitu- tion, assignation or any lewd act could oc- cur; (6) That a conditional use permit has not been granted for the use; or (7) That an applicant is under eighteen (18) years of age. Decision of Police Chief. The decision of the Police Chief regarding a permit application shall be issued within 45 days of the date of the filing of the application unless he has set the matter for hearing before the City Council. Such hearing must be held and a decision rendered within sixty (60) days from the date of the application, unless the matter is continued at the request of the applicant. No application for a permit shall be denied without giving the applicant an opportunity for a hearing before the City Council. Inspection. An applicant, or permittee shall permit representatives of the Sheriff's Department, Health Department, Fire Department, Code Enforcement, Planning Department, or other City Departments or Agencies to inspect the premises of an adult business for the purpose of insuring compliance with the law, at any time it is occupied or opened for business. A person who operates an adult business or his agent or employee is in viola- tion of the provisions of this section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or opened for business. Suspension or Revocation of Permit. After an investi- gation, notice and hearing, the Police Chief shall suspend or revoke and existing adult business permit, as shall be found necessary to assure the preservation of the public health and safety, if the evidence presented establishes that one or more of the following conditions exist: The building, structure, equipment and loca- tion used by the business fails to comply with the requirements or fails to meet the standards of the health, zoning, fire and safety laws of the State of California, or of the ordinances of the City of Temecula; (2) The permittee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, mis- leading or fraudulent statement of material facts in the application for a permit, or in 15 any report or record required to be filed with the Police, Sheriff or other department of the City; (3) The permittee has had any type of adult busi- ness permit revoked by any public entity within two (2) years of the date the permit was issued; (4) There was not a responsible person on the premises to act as a manager at all times which the business was opened; (5) That the permittee, manager or any agent or employee of the permittee or manager has been convicted in a court of competent Jurisdic- tion in conjunction with or as a result of the operation of the subject adult business and after the date of issuance of the condi- tional use permit for said business; (6) The picture arcade has been used as a place where sexual intercourse, sodomy, oral copu- lation, masturbation, prostitution, assigna- tion or other lewd acts occur or have oc- curred; (7) The permittee, his or her employee, agent, partner, director, officer, stockholder Or manager has violated any provision of this Ordinance; or (8) The conditional use permit for the use has been suspended or revoked. Transfer of Permit. A permittee shall not transfer an Adult Business Permit to another, nor shall a permittee operate an adult business under the authority of a permit at any place other than the address designated in the application. T~m9 Limits for Acion of a Conditional Use Permit. An application for a conditional use permit shall be reviewed and acted upon in accordance with the provisions of Ordinance No. 348. $~spension and Revocation of a conditional Use Permit. In addition to the grounds set forth at Section 18.31 of Ordi- nance No. 348, the City Council may suspend or revoke any condi- tional use permit if it is found that any of the following conditions exist in addition to the criteria set forth in this Ordinance: 16 (a) The operations conducted by the permittee does not comply with all applicable laws, including, but not limited to, the City!s building, health, zoning and fire ordinances and this Ordinance; (b) That the approved use has been expanded without City Council approval; that the approved use has been partially or wholly converted to another adult business without City Council approval; that the conditional use permit has not been utilized within six months of its issuance; or (c) The Adult Business Permit has been suspended or revoked. ~aulations Non-Exclusive. The regulations set forth in this Chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regula- tions pertaining to the operation of adult businesses as adopted by the City Council of the City of Temecula. Violations/Penalties. Any firm, corporation or person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. Any violation of the provisions of this Chapter which is committed and continues from day-to-day, constitutes a separate offense for each and every date during which such violation is committed or continued. ~blic Nuisance. In addition to the penalties set forth at Section above, any adult business which is operating in violation of this chapter or any provision thereof shall constitute a public nuisance and, as such, may be abated or enjoined from further operation. Conflictina Ordinances Renealed. Ail ordinances or parts of ordinances, or regulations in conflict with the provi- sions of this Ordinance are hereby repealed." SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause, phrase, word or portion of this Ordinance is, for any reason held to be invalid, or unconstitutional by a 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 Temecula hereby declares that it would have adopted this Ordinance and each section, subsection, sen- tence, clause, phrase, work or portion thereof regardless of whether such other section, subsection, sentence, clause, phrase, 17 word or portion thereof regardless of whether such other section, be declared invalid or unconstitutional. SECTION 3. The City Clerk shall certify to the adop- tion of this Ordinance and shall cause the same to be posted as required by law. SECTION 4. ENVIRONMENTAL COMPLIANCE. The city Council hereby finds that this project does not have a potential for causing a significant affect on the environment. Therefore, the project is exempt from the California Environmental Quality Act under Section 15061(b)(3). SECTION 5. 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. 1991. PASSED, APPROVED AND ADOPTED this day of RONALD J. PARK, MAYOR ATTEST: JUNE S. GREEK, CITY CLERK 18 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 91- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the city Council on the day of , 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JUNE S. GREEK, CITY CLERK APPROVED AS TO FORM: SCOTT F. FIELD, CITY ATTORNEY 19