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HomeMy WebLinkAbout1993/12/01 - Agenda PacketCITY COUNCII. AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. December 1, 1993 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California 91730 ttt City Councilmembera Dennis L. Stout, Mayor William J. Alexander, Councilmember Charles J. Buquet, Coancilmembrr Rex Gutierrez, Councllmember Diane Williams, Councilmembcr •+r Jack Lam, Ctty Manager James L. Markman, City Attorney Debra J. Adams, City Clerk City Office: sas-1851 PAGE City Council Agenda December 1, 1993 / All items submitted for the City Council Agenda must be in writing. The deadline for submitting these items Is 6:00 p.m. on the Tuesday prior to the meeting. The City Clerk's Office receives all such items. A. CALL TO ORDER 1. Roll Call: 6uquet _, Alexorx]er_,6toul _, Williams _. and Gutierrez _. B ANNOUNCEMENTS/PRESENTATIONS 1. Presentation of Proclamation declaring December 1993 as National Drunk and Drugged Driving (3-D) Prevention Month. C. COMMUNICATIONS PRnu ruc ouar rc This is the time and place for the general public to addreas the City Council. State law prohibits the Clty Council Irom addressing eny issue not previously included on tha Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. D. CONSENT GALENnea The following Consent Calendar Items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for discussion. 1. Approval of Warronts. Register Nos. 11/10/93 and 11/17/93: and 1 Payrall ending 10/27/93 and 11/4/93 for the total amount of 52,72-0.067,95. 2. Approval of Summary Vacation of a portion of excess Comino 9 Predera Ripht-of-Way, located south of Red Hill Country Club Drive (APN: 207-092-11 - V-126. PAGE C(ty Council Agenda December 1, 1993 2 RESOLUTION N0.9&220 ~ 10 A RESOLUTION OF THE CRY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. SUMMARILY ORDERING THE VACATION OF A PORTION OF EXCESS CAMINO PREDERA RIGHT-OF-WAV 3. Approval }o release a portion of the property subject to o Real 13 Property Improvement Contract and lien Agreement on Parcel Map 7244, located south of Foo}hill Boulevard. north of Anow Highway, east of Elm Avenue, submitted by Barnstable Associates. RESOLUTION NO. 93-221 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITV OF RANCHO CUCAMONGA, CALIFORNIA. RELEASING PARCEL 4 AND THE NORTHERLY 183 FEET OF PARCEL S OF PARCEL MAP 7244 FROM A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FOR BARNSi~ABLE ASSOCIATES Approval fo execute a Reimbursement Agreement tDRA-21) in ~ 16 connection with development of tract No. 14866 for the construction of a porrion of the Alta Lomo Creek Channel along the east tract boundary, submitted by the Pennhill Company. RESOLUTION NO. 93-222 ~ 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT (DRA-21) FOR THE CONSTRUCTION OF A PORTION OF THE ALTA LOMA CREEK CHANNEL ALONG THE EAST TRACT BOUNDARY OF 1RAC7 NO. 14866 Approval to authorize the execution of Professional Services I Ig Agreements for Miror Capital Improvement Project Soils and Asphalt Testing ai various locations City-wide for Fiscal Yeor 1993/94, to be funded from the appropriate Copiial Improvement Project Accounts of the specified rotes. Approval to authorize the execution of Professional Services 20 Agreements for Surveying of Public Works Design and Construction Projects of various locations City-wide, for Fiscal Yeor 1993/94, to be funded from the appropriate Copiial Improvement Project Accounts at the specified rates. PAGE City Council Agenda December 1, 1993 3 7. Approval to execute Improvement Agraemen} and Security for .21 Development Review No. 93-05. locatetl on the north side of Arrow Route, approximately B00 feet east of Milliken Avenue, submitted by Golf Learning Censer, Incorporotetl ei al. RESOLUTION NO.93-223 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURiTV FOR DEVELOPMENT REVIEW N0.93-05 8. Approval to execute Improvement Agreement Extension for 24 Trdct 13316. located on the northeast corner of Archibald Avenue and Carrari Street, submitted by Friedman Homes c/o 8uzbaum & Chakmak, a Law Corporation. RESOLUnON NO.93-224 26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA. APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURfN FOR TRACT 13316 9. Approvol to accept the Rancho Cucamonga Neighborhood 27 Censer Roofing Project. CO 93-064, as Complefe, Release Bonds and authorize the Community Development Director to file a Notice of Completion. Release. Fgithful Pertormance Bond S 41,305.00 RESOLUTION N0.93-225 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE RANCHO CUCAMONGA NEIGHBORHOOD CENTER ROOFING PROJECT AS COMPLETE AND AUTHORIZING THE FILING OF A NOi1CE OF COMPLETION FOR THE WORK E. CONSENT ORDINANCES The following Ordinances have had public bearings at the time of Iirst reading. Second readings are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. The Clty Cierk will read the tills. Any Item can be removed for discussion. PAGE City Council Agenda December 1, 1993 4 1. S'(~N ORDINANCE AMENDMENT NO 03-01 -CITY OF RANCHO 29 C I .AMON A - Consitleration of on amentlment to allow atlditional monument signs for shopping centers. ORDINANCE N0.576 (second reatling) AN ORDINANCE OF THE CIIV COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SIGN ORDINANCE AMENDMENT 43-0I. AMENDING TITLE 74 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING MONUMENT SIGNS 2. CONSIDERATION OF ADOPTING AN ORDINANCE PERTAINING TO 32 pFVEI OPMEN^ STANDARDS FOR ADUET ORI~TED BLISINESSFS ORDINANCE N0.517 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CIIV OF RANCHO CUCAMONGA, CALIFORNIA. AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A NEW SECTION 17.04.090 PERTAINING TO DEVELOPMENT STANDARDS FOR THE ESTABLISHMENT OF ADULT-ORIENTED BUSINESSES AND MAKING FINDINGS IN SUPPORT THEREOF F ADVERTIS D PUB 1 ~ HEARIN •& The following Items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. L ('ONSIDERATION OF FORMATION OF COMMUNITY FACILITIES 47 DISTRICT 9'+-4 (FOOTHILL MARK TPA .Fl AND R ATED RFSOI UTIONS Continued Irom November 17, 1993. RESOLUTION N0.93-226 50 A RESOLUTION OF THE C!TV COUNCIL OF THE CITY Of RANCHO CUCAMONGA, CALIFORNIA, FINDING THE FORMATION OF COMMUNITY FACILITIES DISTRICT 93• 3 (FOOTHILL MARKETPLACE) TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PAGE City Council Agenda December 1, 1993 5 RESOLUTION NO. 93-227 51 A RESOLlJT1ON OF THE CIfY COUNCIL OF THE CQY OF RANCHO CUCAMONGA. CALIFORNIA, FORMING AND ESTABLISHING THE FORMATION OF A COMMUNITY FACILITIES DISTRICT. AND AUTHORIZING SUBMITTAL OF LEW OF SPECIAL TAXES TO THE 61UALIFIED ELECTORS RESOLUTION NO. 9}228 58 A RESOLUTION OF THE CEN COUNCIL OF THE CRV OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS AND SUBMITTING A PROPOSITION TO THE QUALIFIED VOTERS OF A COMMUNITY FACILITIES DISTRICT The City Council will recess •et this time to conduct an election for matters regarding the formation of Community Facilities District 93.3. RESOLU71ON NO. 93229 52 A RESOLUTION OF THE CIi1' COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, DECLARING THE RESULTS OF A 'MELLO-BOOS COMMUNITY FACILITIES ACT OF 7982• SPECIAL TAX AND BOND AUTHORIZATION ELECTION CO NSIDFRATION OF AN ORDINAN A THORI IN TF'F FYI F A 8q SPE CIAL TAX IN COMMUNITY FACILITIES DISTRI T 99A (FOOTHI MA RKETP A(' ORDINANCE NO. 518 (first reading) 65 AN ORDINANCE OF THE CfIV COUNCIL OF THE CIIV OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE LEW OF A SPECIAL TAX IN A COMMUNITY FACILITIES DISTRICT CO NSIDERATION OF AN APPROPRIATION OF 4F ODD DD FOR 7Q ACC OUNT NO 1 5-41~a60 8 TO ALLOW EXPENDITURE OF F INDS DEP OSITED BY DEVELOPER FOR WORN R At D TO FD 9~-'+ (1'Q. QYILL MARKETPLACE PAGE City Council Agenda December 1, 1993 6 2. CONSIDERATION OF DEVELOPMENT REVIEW 93-13 -WESTERN 71 PROPERTIES -The consideration of on appeal of the Planning Commission's decision to deny the tlesign review of elevations for building X. a 5,350 square foot retail building within the Tena Vista Town Center, located at the northeast comer of Foothill Boulevard and Haven Avenue, in the Community Commercial District - APN: 1077.421-7C. RESOLURON NO.93-230 103 A RESOLUTION OF THE CIN COUNCIL OF THE COY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DENIAL OF DEVELOPMEM REVIEW 93-13, THE DESIGN REVIEW OF ELEVATIONS FOR BUILDING X, A 5,350 59UARE FOOT RETAIL BUILDING WITHIN TERRA VISTA TOWN CENTER. LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND HAVEN AVENUE IM HE COMMUNITY COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-421-70 . . . The Redevelopment Agency will reconvene at this time with the City Council. 3. CONSIDERATION TO WITHDRAW FROM THE COUNTY LIBRARV 106 SYSTEM AND ESTABLISH A NEW INTERIM CITY LIBRARV AND RELATED MATTERS A. CONSIDERATION TO EXECUTE AN AGREEMENT (CO 93-085) 111 FOR WITHDRAWAL FROM THE SAN BERNARDINO COUNT`/ LIBRARV SYSTEM (CRY COUNCIL ACTION REAUIRED) B. CONSIDERATION OF A IOINT RESOLUTION AGREEING TO THE 112 NEGOTIATED EXGHANGE CF PROPERTY TAX REVENUES (CRY COUNCIL ACTION RF9UIRED) RESOLUTION NO. 93.231 113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. APPROVING A JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO AND THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AGREEING TO THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES FOR THE TRANSFER OF LIBRARV SERVICE RESPONSIBILITIES BETWEEN THE COUNTY AND THE CITY PAGE Clty Council Agenda '--~C.+-j ~ ~`~(~ December 1, 1993 7 C. CONSIDERATION OF A RESOLE ITION OF INTENTION TO WITHDRAW FROM THE SAN BERNARDINO OLINTV LIBRARY 115 - SYSTEM (Clil'COUNCIL ACTION REAUIRED) RESOLUTION NO. 93-232 116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY Of RANCHO CUCAMONGA. CALIFORNIA, NOTIFYING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO OF THE INTENTION OF 1'HE CITY OF RANCHO CUCAMONGA TO WITHDRAW FROM THE SAN BERNARDINO COUNTY LIBRARY SYSTEM D, ~Oj.ISIDERATIGN TO PURCHASE A32500 Sg IARE FOOT BUI DINC ON 1 7 ACRES OF LAND LOCATED ON THE WEST SIDF OF ARCHIBALD AVENUE SOUTH OF BASE LINE FOR 119/123 S 1 100 00 TO 8E USED AS AN INTERIM LIBRARY FACILRV TO ~FIINDED FROM REDEVELOPMENT AFFNGV ACCOUNT N~B~tawlam (CITY COUNCIL AND REDEVELOPMENT AGENCY AC710N RE9UIRED) RESOLUTION NO.93-233 120 A RESOLUTION OF THE CITY COUNCIL OF THE CIIY OF RANCHO CUCAMONGA, CAUFORNIA, REGARDING PROJECTS BENEFITING THE RANCHO REDEVELOPMENT PROJECT AREA AND MAKING CERTAIN FINDINGS IN REGARD THERETO RESOLUTION NO. RA 93.004 124 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY REGARDING PROJECTS BENEFITING THE RANCHO REDEVELOPMEM PROJECT AREA AND MAKING CERTAIN FINDINGS IN REGARD THERETO E. CONSIDERATION OF % ITIN ONTRA T! .O RA91-015) WITH PITAS.SI DALMAU AR~HIT iS FOR AR .HIT .T IRA 127 S RVI S IN.~ONN~CTION WITH THE PROPOSED INTERIM LIBRARY (REDEVELOPMENT AGENCY ACTION REAUIRED) F, CONSIDERATION TO EzE . ITE AN AGREEMENT (CO RA93- 01A1 WITH THE CITY OF VORBA LINDA FOR THE 133 E~OF SdONA IBRARV S RVI ~ S OF CARO ANN TASIOS I A IRECT N A AM T NOi O E S 14 Y C E 0 .0 L BR R D OR I N OUN T X E D 0 (REDEVELOPMENt AGENCY ACTION REAUIRED) PAGE City Council Agenda `-uC.,'-, December 1, 1993 ~ ~`('~' ~ 8 G. CONSIDERATION TO APPROVE AN INTERIM LIBRARV s RVI a B IDGET AND APPROPRIATI INDS FOR Flc A 134 . . YEAR 1993/94 (CRY COUNCILACTION REAUIRED) H. CONSIDERATION TO APPROVE A RESGLUTION ORPORATIN IBRARY S RVI S P RSONIJ L IN 138 . - CLASS~FlCATIONS (CRY COUNCIL ACTION RE6UIRED) ., RESOLUTION N0.93-142A 139 A RESOLUTION OF THE CIIV COUNCIL OF THE CN OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING RESOLUTION NO. 93-142 TO INCORPORATE PERSONNEL CLASSIFICATIONS AND SALARY AND BENEFITS FOR LIBRARV SERVICES POSITIONS FOR FISCAL YEAR )993/94 The Redevelopment Agency'will •adJourn at this time. . . . G PUBLIC HEARINGS The following Items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. 1. CONSIDERATION Of A RECJUEST BY PROPERN OWNERS i0 FORM 140 AN ASSESSMENT DIStRICT i0 FUND CERTAIN DRAINAGE FACILITIES IN SOUTH ETIWANDA (Continued from November 3, 1993) (TO BB CONTINUED ) H. CITY MANAGER'S STAFF REPORTS The following Items do not legally require any public testimony, although the Chair may open the meeting for public input. No Items Submttted. PAGE City Council Agenda December 1, 1993 9 L COUNCIL BUSINESS The following items have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting far public Input. , No Items Submittetl. .~. IDENTIFICATION OF ITEMS FOR NEXT M ETIN This is the time for City COUncll to identify the items they wish to discuss at the next meeting. These Items wilt not be discussed at this meeting, only Identified for the next meeting. K. COMMUNICATIONS FROM THE PU6LIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any Issue not previously Included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to Live minutes per individual. ~ ADJOURNMENT MEETING TO ADJOUflN TO EXECUTIVE SESSION TO DISCUSS PERSONNEL MATTERS. I, Debra J. Adams. 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O'Neil, City Engineer BY Willie Vaibuena, Assistant Engineer SUBJECT: SUMMARY VACATION OF A PORTION OF ERCESC CAMINO PREDERA RIGHT-OF- WAY, LOCATED SOUTN OF RED HILL COUNTRY CLUB DRIYE (APN: 207-092- 11) RECO!lENDATION It is recommended that the City Cauncll adopt the attached resoiution ordering the summary vacation of a portion of excess Camino Predera right-of-way and authorizing the Mayor and City Clerk to record same. BACKGROUND/ANALYSIS The City has received a request from the property owner on the southwest corner of Red Nill Country Club Drive and Camino Predera to vacate the excess portion of Camino Predera Street right-of-way ad,{acent to his property. The area to be vacated varies from 0 to 24 feet in width and is approximately 140 feet song. The subtect existing right-of-way was dedicated with Tract Map 10035, recorded 1n May 1985. The property owner is now requesting that the vacation occur and will incorporate the vacated area into his yard. On October 13, 1993, the Planning Commission determined that the vacation conforms to the General Plan and recommended that the vacation occur. Section 8334a of the Streets and Highways Code states that local agencies may summarily vacate (by resolution) an excess right-of-way of a street or highway which 1s no longer required for street or highway purposes. Respectfully sub/m/i,~ttAed,~ W1111a O'Neil City Engineer NJO:WV:dlw 9 RESOLUTION No. 9J7 ~ `~.~Ej- v~ A RESOLUTION OL THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGII, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, SUMMRILY ORDERING TFff VACATION OF A PORTION OF EXCESS CAMINO PREDERA RIGHT-OF-MAY NHEREAS, by Chapter 4, Article 1. Section 8334a, of the Street and Highway Code, the City Council of Lhe Ctty of rancho Cucamonga is authorized to summarily vacate a portion of street easement as excess right-of-way herein more particularly described; and MHEREAS, the City Council found from alt the evidence submitted that said street easement 15 no longer required for street or highway purposes. NOM, THEREFORE THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, HEREBY RESOLYES AS FOLLOMS: SECTION 1: The Council hereby makes its order vacating said street easement as~on Map Y-126 which is attached hereto, marked Exhlblt "B", on file in the office of the City Clerk of the C1ty of Rancho Cucamonga, which has been further described 1n a egal description which 1s attached hereto, marked Exhibit "A", and by reference made a part thereof. SECTION 2: The subject vacation shall be subject to the reservations and excep omens, i~f arty, for existing ut111t1es on record. SECTION 3: That from and after the date this Resolution is recorded, said excess r g t-of-way no longer constitutes a street easement. SECTION 4: Upon Its vacation, the property comprising said excess right-of-way sha1T be quitclaimed to and made a Dart of Lot 11 of Trsct 3069 adiolning said vacation to the west. SECTION 5: The City Engineer is authorized to execute a Quitclaim Deed in avof-r o~~e owner of said lot 11 on behalf of the C1ty of Rancho Cucamonga. SECTION 6: The Clerk shall cause a certified copy of this resolution to be recur n the office of the County Recorder of San Bernardino County, California. 10 E X H I B I T "A" LEGAL DESCRIPTION BEING A PORTION OF LOT 10 OF TRACT 3089, AS SHOWN ON A MAP FILED IN BOOK 42, AT PAGES 69 THRV 70, RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 10 OF SAID TRACT 3069 THENCE SOVTN 39 DEGREES 40 MINUTES 53 SECONDS WE87 70 A POINT ON A LINE 75.00 FEET ERST OF THE WEST LINE OF SAID LOT 10; THENCE SOUTH 14 DE OREES 47 MINUTES 7t SECONDS EAST A DISTANCE OF 49.48 FEET ALONG A LINE PARALLEL TO AND 75.00 FEET EASTERLY FROM THE WEST LINE OF SAID LOT 10 TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE EAST HAVING A RADIUS OF 330.00 FEET; THENCE SOUTHERLY ALONG SgID CURVE 77.80 FEET THROUGH A CENTRAL gNGLE OF 13 DEGREES 30 MINUTES 28 SECONDS TO THE SOUTHERLY LINE OF SAID LOT 1D; THENCE SOUTH 73 DEGREES 21 MINUTES 53 SECONDS WEST A DISTANCE OF 24.12 FEET ALONG SAID SOUTHERLY LINE TO THE MOST SOUTHERN CORNER OF SAID LOT 101 THENCE NORTH 14 DEGREES 47 MINV'fES 71 SECONDS WEST A DISTANCE OF 141.34 FEET ALONG THE WEST LINE OF SAID LOT 10 TO THE POINT OF BEGINNING. ~ G~-V0 0~ GORE ~~ ~e " ,, -~ _~ ~~ a ~ ~1 LO a jRP ~~42~~60 z~ ~ ~ ~ 3 23 ~~~ r.. ~~ ~•; s i ~~.~~ °_~ ~' •y~~ a ~~ ~r ~ ~ :` o 1 ~~ ~~ ~.~ \~` ~~ ~ ~a ~ \ ~~~ \\ ~~ 3L „7 a a SKETCH TO ACCOMPANY LEGAL DESCRIPTION PREPARED Fql~ PREPARED EYi _ _ ^ J.M.MiLdON ~ A![OC1ATEt WAI.LACE h . SCHULTZNJ`VNV / c~n~ o~~~ uw acwiw o/o C17Y COH11' L MGT. a~ RaTM P 10722 ARROW ROUTE X814 RANCHO CUCA110MGA. CA. 9t 729-0848 ,m, at-sa @14.D37 ~'~~ ~9 vat x ve auuva,nv 4ua.turivtvvea STAFF REFORT K ~~ " DATE: December i, 1993 T0: Mayor and Members of the City Council Jack Lan, AICP, C1ty Manager FROM: William J. O'Neil, City Engineer 8Y: Shelley Maddox, Engineering Aide SUBJECT: RELEASE OF A PORTION OF THE PROPERTY SUBJECT TO A REAL PROPERTY IMPROVEMENT CONTRACT ANO L[EN AGREEMENT ON PARCEL MAP 7244, LOCATED SOUTH OF FOOTHILL BOULEVARD, NORTH OF ARRON HIGHNAY, EAST OF ELM AVENUE, SUBMITTED BY BARNSTABLE ASSOCIATES RECONEIOA7ION: It is recannended that the C1ty Councll adopt the attached Resolution releasing a portion of the property subject to the agreeapnt and authorizing the Mayor to sign the release and the C1ty Clerk to cause the release to record. BAaslaulorANUrsis A Real Property Improvement Contract end L1en Agreement was aDProved by the City Councll on September 16, 1982, and recorded on S,epteaiber 22, 1982, as Document No. 82-190017 fn the office of the County Recorder, San Bernardino County, CallforMa. The agreement was for one-half the cost of the landscaped median island wiihln Footh111 Boulevard adjacent to Parcel Mep 7244. The owner of Parcel 4 and the nortA portion of Parcel 3 of Parcel Mep 7244 has paid an 1n-ifeu fee of f7, 992.36 as his pro rata share of the cost of the nmdlan fu1f111ing h1s obligation under the lamas of the agreement. He is now requesting that his property be released from the 1 ten. Respectfully sudnltted~ Wiltt O'Ne11 City Engineer WJO:SM;sd Attachment RESOLUTION N0. 9~ - ~e.~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING PARCEL 4 ANO THE Ng1THERLY 183 FEET OF PARCEL 3 OF PARCEL NAP 7244 FROM A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FOA BARNSTABLE ASSOCIATES NHEREAS, the City Council of the City of Rancho Cucamnga adopted Resolution No. 82-163 accepting a Real Property Improvement Contract and Lien Agreement from Messenger Investmant Company for Parcel Nap 7244; and NHEREAS, Messenger Investment Company sold Parcel 4 and the northerly 183 feet of Farcel 3 of Parcel Map 7244 to Barnstable Associates; and NHEREAS, said Real Property Ipprovement Contract and Lien Agreement was recorded in Official Records of San Bernardino County, California, on SepteaAer 22, 1982, as Document No. 82-190017:and NHEREAS, said Real Property Contract and Lten AyreemeM is no longer required for Parcel 4 and the northerly 183 feet of Parcel 3 of Parcel Map 7244. NON, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga does hereby release said Reat Property Iaprovement Contract and Lien Agreement from Parcel 4 and the northerly 183 feet of Parcel 3 of Parcel Map 7244 and that the City Clerk shall cause Release of Llen t0 be recorded in the office of the County Recorder of San Bernardino County, California. 14 CITY OF RANCHO CUCAMONGA ~~~~~ N liYi ~SLTNT4'Y PIAP ~~ LIEN RELEASE - BARNSTABLE ENOII~IEERII~iO DMSION `• ^A^ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: Oecenber i, 1993 T0: Mayor and Members of the CTtY Council Jack Lam, AICP, City Manager FROM: Milliam J. O'Neil, City Engineer By Jerry A. Dyer, Associate Engineer SUBJECT: APPROVAL OF REIMBURSEMENT AGREEMENT (DRA-21) IN CONNECTION KITH DEYELOPNENT OF TRACT N0. 14866 FOR THE CONSTRUCTION OF A PORTION OF THE ALTA LOMA CREEK CHANNEL ALONG THE EAST TRACT BOUNDARY, SUBMITTED BY THE PENNHILL COMPANY RECOM£NDATIINI It 1s recommended that the City Council adopt the attached resolution approving the Reimbursement Agreement for the construction of a portion of the Alta Loaw Creek Channel along the east boundary of Tract No. 14866, and authorize the Mayor and the City Cierk to sign said agreement and to cause same to record, BACKGROUND/ANALYSIS The Developer (The Pennhili Company) has completed the construction of the Alta Loma Creek Channel as required by the protect conditions of approval. The Developer is now requesting a reimbursement agreement to recover a pro rata share of the construction costs from the ad,Tacent properties directly beneffting from the construction of the channel, which is consistent with City policy. Staff has reviewed and concurs with the construction cost data supplied by the Developer and the distribution of the costs to the benefit parcels as contained in the reimbursement agreement. Copies of the agreement signed by the Developer are available 1n the City Clerk's office. The properties affected by the agreement were notified by mall 15 days prior to tonight s Council meeting. Respectfully_submitted, 0//Y~~ /ti1i111am J. O'Neil City Engineer NJO:JAD:sd Attachment Is RESOLUTION N0. g3 , a.~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT (DRA-21) FOR THE CONSTRUCTION OF A PORTION OF THE ALTA LONA CREEK CHANNEL ALONG THE EAST BOUNDARY OF TRACT N0. 14866 NHEREAS, Lhe City Council of the C1ty of Rancho Cucamonga has for its consideration a Reimbursement Agreement submitted by the Pennhill Company, as developer of Tract No. 14866, for the construction of a portion of Lhr Alta Lena Creek Channel along the east tract boundary; and NHEREAS, the developer, at the developer's expense, has completed said construction of the channel; and NHEREAS, the ormers of the adjacent properties Nill share to Lhe expense of the construction of the channel as stipulated 1n said Reimbursement Agreement. NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE that said Reimbursement Agreement be and the same is hereby approved and the Mayor 1s hereby authorized to 51gn said Reimbursement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest hereto and cause said Agreement to record. 17 N.T.S. C11S OS IYg~l: DRA-21, TR. 14866 pppp~~~~~~p~- ~q~ 'pa~an,~t (Alh Icaa Channel) L\iY7~ 1. V~~.C1C1J1ti717S~ TITLg: Nap HiJGIABII~2I~lG DIV23Y0~ LEMON AVENUE CPI'Y OF RANCHO CUCAMONGA STAFF REPORT GATE: December L, 1993 T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: N1111am J. O'Neil, City Engineer BY Linda R. Beek, Jr. Engineer SUBJECT: RECOMMENDATION TO AUTHORIZE THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT FOR MINOR CAPITAL IMPROVEMENT PROJECT SOILS AND ASPHALT TESTING AT VARIWS LOCATIONS CITY HIDE FOR FISCAL YEAR 1993/94, TO BE FUNDED FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECT ACCOUNTS AT THE SPECIFIED RATES. RECOMIEIAATION It 1s recommended that the City Council authorize the execution of the Professional Services Agreement for Soils and Asphalt Testing to AMA Group, Rancho Cucamonga. The above Professional Service Agreement Drovldes for Soils and Asphalt testing on a variety of the smaller protects (510,000.00 or less). The RMA Group has had a contract with the City for five (5) years. They have compieted all assigned pro3ects to an acceptable and professional manner. Respectfully submltte~ N1111am . O'Neil City Engineer NJO:LRBay Attachment cc: Purchasing CPfY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 1, 1993 T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Nilliam J. O'Neil, City Engineer 8Y Ltnda R. Beek, Jr. Engineer SUBJECT: RECOMMENDATION TO AUTHORIZE THE EXECUTION OF PROFESSIONAL SERVICES AGREEMENTS FOR SURVEYING OF PUBLIC WOAXS DESIGN AND CONSTRUCTION PR0.IECTS AT VARIOUS LOCATIONS CITY WIDE, FOR FISCAL YEAR 1993/94, TO BE FlINDED FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECT ACCOUNTS AT THE SPECIFIED RATES. RECOMENDATION It is recommended that the City Council authorize the execution of the Professional Services Agreements for Surveying of Public Norks Design and Construction Projects to Associated Engineers, Incorporated, Ontario, California and to Wagner Pacific, Incorporated, Placentia. BACKGROUND/ANALTSIS The above Professional Service Agreement provides for Surveying on a variety of the smaller prodects (510,000.00 or less). Associated Engineers, Incorporated, has had a contract with the City for five (5) years and Magner Pacific, Incorporated, has had a contract with the City for three (3) years. Both companies have completed all assigned projects 1n an acceptable and professional manner. Respect/fully submittedd,' o Nilliam . 0\~j.~C~ City Engineer WJO:LRB:Iy Attachment cc: Purchasing C11'Y OF RANCHO CUCAMONGA STAFF REPORT ~ ~ ~~~ DATE: December 1, 1993 T0: MAyor and Members of the City Council Jack Lam, AICP, City Manager FROM: Nill iam J. O'NeT1, City Engineer BY: Phillip Verbera, Assistant Engineer SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT AND SECURITY FOR DEVELOPMENT REVIEN N0. 93-05, LOCATED ON THE NORTH STDE OF ARRON ROUTE, APPROXIMATELY 800 FEET EAST OF MILLIKEN AVENUE, SUBMITTED BY GOLF LEARNING CENTER, INC. ET AL. RECOMMENDATION 1t 1s recamnended that the City Comrcil adopt the attached resolution accepting the subject agreement and security and authorizing the Mayor and the City Clerk to sign said agreement. ANALfSIS/BALTIGNOIIID Development Review Na. 93-05, located on the north side of Arrow Route approximately 800 feet east of Milliken Avenue 1n the General Industrial District (Subarea 8) of the Industrial Area was approved by the Planning Commission on March 10, 1993. Lee and Stires, Inc. is submitting for the Developer, Golf Learning Center, inc. an agreement and security to guarantee the construction of the off-site improvements 1n the following amounts: Faithful Performance Bond: 5110,000.00 Labor and Material Bond: S 55,000.00 Copies of the agreement and security are avallabie to the City Clerk's Office. The owner has dedicated, additional rights-of-way at the intersections of Milliken Avenue and Array Route and Milliken Avenue and Foothill Boulevard, the full width right-of-way of Milliken Avenue between Arrow Route and Foothill Boulevard. These easements have been received and are on file in the City Clerk's office. Respectfully submitted William J. 11 City Eng1n 21 1 R. 93 - 05 GOLF GGNTER° VICINITY MAP ~/v SCNLE e CITY OF RANCHO CUCAMONGA ENGNrEERING DIVISION ITENk ~yELOVME-Jr ~~ N0.93•oz TITLE: STAFF REPoRT EXFg81T: v~c-NITY MAr RESOLUTION N0. 93-a~J' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT ANO tMPROYEMENT SECURITY FOR DEVELOPMENT REVIEN N0. 93-05 WHEREAS, the City Council of the City of Poncho Cucamonga, California, has for Its consideration an Improvement Agreement executed on by Lee and Stires, inc. for Golf Learning en er as eve oper, or a lmprovda•nt of pu611c right-of-waly adjacent to the real property sDeciflcatly described therein, and generally located on the north side of Arrow Route, approximately 800 feet east of M1111ken Avenue; and WHEREAS, the installetton of such improvements, described 1n said Improvement Agreement and subSett to the terws thereof, is to be done in coniunction with the development of said real property referred to as Development Review No. 93-05; and WHEREAS, said Improvement Agreement 1s secured and eccompanled by good aid sufficient Improvement Securiq, which 1s identified in said Improvement Agreement. N011, THEREFORE, THE CITY COUNCIL OF THE CItt OF RlINCHO CUCAMONGA, HEREBY RESOLVES as Pollaws: 1. That sold Improvement Agreement be end the same is approved and the Mayor is authorized to execute seine on behalf oP setd C1ty and the C1q~ Clerk 1s authorized to attest thereto; and 2 fiat Bald Improvement Security is accepted as good and sufficient, sub~ett to approval as to foes and content thereof by the City Attorney. uri'z ur xnrvuriu uuunmurvun STAFF REPORT GATE: December 1, 1993 T0: Mayor, and Members of the City Council Jack Lam, AICP, City Manager FROM: M1111am J. O'Neil, Ctty Engineer BY: Steve M. Gilliland, Public Norks Inspector II SUBJECT: APPROVAL Of IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 13316, LOI:ATE'O ON THF. NORTHEAST CORNER OF ARCHIBALD AVENUE AND CARRARI STREET, SUBMITTED BY FRIEOMAN NOMES C/0 BUXBAUM 8 CNAKMAK, A LIW CORPORATION It 1s recommended that the City Council adopt the attached resolution, accepting the subject agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. BALK6ROUMD/ANALYSIS ; Improvement Agreement and Improvement Securl;y to guarantee the construction of the public improvements for Tract 13316 were approved by the City Council on May 30, 1990, 1n the following amounts: Faithful Performance Bond: (4,215,000. Labor and Material Bond: (2,107,000. The developer, Friedman Hanes, is requesting approval of a 12-month extension on said improvement agreement, the improvements have not yet commenced. Copies of the Improvement Agreement Extension are available in the City Clerk's Office. Res/pDectfu~lly submitted, -~/ Nilliam J. O'Neil City Engineer NJO:SMG:1y Attachments BUX BAUM 6 CHAK MAK sipo c JOOwIV Cw rv CLAREMONT, `CALIFORNIq fl1Yll N[W"Oai pC' CM~CPL PO .e D2np0 L[5 L ap CRO ill p]]']~VRN v O v 190D1 p i~~ fw% IDO9~ 62~ 2~I2 i[RRCrv C[v L[V C. SR, Ocrober 6, 1993 Steve M. Gilliland Public Works Inspector li The City of Rancho Cucamonga 1O5IX1 Civic Center Dive P.O. Boz 807 Rancho Cucamonga, CA 91730 Re: Tract (3316 -Friedman 1 Dear Mr. Gilliland: Please be advised that this firm represents the "Developer", Chino Valley Bank, in the above- referenced project. Vincent Breitenberger of Chino Valley Bank has been actively pursuing this project since acquiring it by foreclosure. We had a meeting with the Planning Commission for the City of Rancho Cucamonga last month and are in the process of making the changes as advised by the Planning Commission. Most of the engineering plans have been approved. The Improvement Agreement Extension form has been executed in triplicate before a notary public and is enclosed along with the fee in the amount of $251. if you have any questions, please do not hesitate to contact me. Very wly yours, BU UM & CHA AK w o ration A. Buxbaum ~~ D, . DAB:mh I~L~ Oi;i 1 Il ::.. I _ n.: RESOLUTION N0. 93 ~ as A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13316 NHEREAS, the City Council of the City of Poncho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on December 1, 1993, by Friedman Homes as developer, for the improvement of public right-of-wdy adiacent to Lhe real property specifTCal7y described therein, and generally Located at the northeast corner of Archibald Avenue and Carrarl Street; and NHEREAS, the lnstallatton of such improvements, described in said Improvement Agreement and subiect to the terms thereof, 1s to be done 1n con~unctlon with the development of said Tract 13316; and NHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient improvement Security, which 1s identified 1n said Improvement Agreement Extension. NON, THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby resolves, that said Improvement Agreement Extension and said Improvement Security be and the same Are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the Cfty Clerk to attest thereto. - CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 1, 1993 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Rick Gomez, Community Development Director BY: Raren McGuire-Emery, Associate Park Planner SUBJECT: ACCEPTANCE OF I!@ROVEMENTS, RHLEASE OF BONDS AND NOTICE OF COMPLETION POR THE RANCHO CUCAMONGA NEIGHBORHOOD CENTER ROOFING PROJECT, CO/93-0;.3. AECOIm[ANDA'PZOms That the City Council accept the Rancho Cucamonga Neighborhood Center Roofing Project ae complete, authorize the release of the appropriate bonds and retention in a timely manner and authorize the Community Development Director to file a Notice of Completion. SACRQRODmD/ANALreIA The Raneho Cucamonga Neighborhood Canter rooting improvements have been completed in an acceptable manner by J. Csb i Sons Rooting, inc., and it is recommended that City Council accept said improvements, and authorize the Couunity Development Director to file a Notice of Completion and authorize the City Clark to release the Faithful Performance Bond in the amount of $41,305.00. Development Director RESOLUTION NO. 93- ~a ~ A RESOLUTION OF THE CZTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC INPROVEMENTS FOR THE RANCHO CUCANONGA NEIGHBORHOOD CENTER ROOFING PROJECT AHD AUTHORZ2ING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. WHEREAS, the construction of public improvements for the Rancho Cucamonga Neighborhood Centez Roofing Project have been completed to the satisfaction of the Director of Community Development, and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve that the xork is hereby accepted and the Director of community Development is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. 1993. PASSED, APPROVED, AND ADOPTED this 1st day of December, AYES: NOES: ABSENT: Dennls L. Stout, Mayor ATTEST: Debra J. Adams, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City oP Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 1st day of December, 1993. Executed this day of December, 1993 at Rancho Cucamonga, Cnlifornia. Debra J. Adams, C ty Cler OPDIIAlXg NJ. 516 AN OROI1WiCE OF '1HE C117( 03ilaClI. OP 15iE CTTY OP RANC}D Q7CIraltxA, CAL1Ft'Id7IA, APPROVING SIGN R~II'IIfHC'E' ANIF2a1~¢77P 93-01, ATD2JDING 1182E 14 OF 'II{E FANC}D Ci1CAMRi('.A MMCIPAL CDOE F$AImINt; NOaAlg2fi SIGNS. A. Aor;tatc {i) tri September 22, 1993, ffie Plaraliig 0®issirn of the City of Rancho QIOaffikja oar~~-red a Lily mtroed public Lenrirg with xeepe~'t to the above-referetted Sign Otrliluiiaa Am&7:iID0nt. Pollawiig the onion as said public heariq, the Piamig O®aiasion adopted Aeaolutiaf No. 93-80, r5 that the City oaacil adopt Sign ~r8 Iao~ldmHt7t N0. 93-01. (ii) On Novemb¢ 17, 1993, the City maicil of the City oL Fandp ocaducted a duly mooed public hearing aid ooncAded said hearig prior to its adoption of this ordumrge. (iii) All lapl prerequisites prime to the adoptim of this oz^dinanoe have ooaa•.xed. B. ~o~ The City Cow~cil of the City of Random Wcmoonga doss hereby ordain as follows: SFX.110N 1: Seoticn 14.08.281 is hereiry added to Q~apter 14.08 t:0 read as follows, and all subsequent sectiore are renmbeted aoaudingly: 14 080 281 ~^+ect Ident+Picat±M 51~+: ^Pr'oject identificatial sign" means a sign whidi idetrtifies, in wards and/or gtaphta logo, the theme rye of a devaloFmetrt. SF1CyICN 2: Section 16.20.100, subeeotion 2. Busineaa idudificatlaal (bleinesees within shappirg ~~)r ~ h~+Y amended to read, in vorda and figures, as shown in the attached EWlibit "A.^ SF7CPjcN 3: 'Ails Ouacil Prods and determines Wt the project identified above in this Ondinnnoe is emmgt from the requirms~ta of t3fe c~lifornia flnrirono~tal quality Act of 1970, as amaded, std file C#1i11m1L~es prrnulgated thezrimder, pursuant to Seatian 15061(b)(3) of the State CBgA Guidelines. SffiOH 4: 7tfe Mayan shall aityf this oraiwion acd the City Clark shall cause the same to be published within fifteen (13) days after its passage at least ones in the Inland. Vallev Aeily letin, a newer of general cirwlation in the City of Ontario, California, and circulated in the City of Random Cucammcp, Calitarnia. 9 O A F~ gg ~}} s ~. a 3 n o 3 g~z ~Fg" r ~~ ~Y a~ ~~ 3~a ;~ a:: s ~ ~ i ye ~~ a aq ~~ ~ .:a a _ .- q y qc ~8°0~ ~9~ t~ ,~.~ 5 9~ ~$~1• i~ ~~3i ` SEA 0 ~8p,ys~ ''~p~, °~ ''~~ b~ ~~~ `~r~~~ :~Y ~sssss~~ ~d ass g r std €9~~s ~a8 i ,: rqa~ ,.s ash: a 1 ! a ^ . ~ L ~ d • d ~ Z a Y y ~ t ~t n 9 &.: ~ ° ~~ n 9 9 ° a a e • ~ e~~~ i e ~B~a;i ~ c~ ~ (~ ~tia3 3 :~~~ ~ ~ e P :a~~;~ Br3° r,,,p'jtr ~Y,. .~ t ~3 «~~es$ r~;~ a831~8 s' ab~~~1' F~ a °. °, „~ oy !r. ~ . ,, s€ ~~ 3 ;~~, I q gg :,! u n coY ~r ~ ~~~ I$~~ E i E E ~8 8 E B r y 9E 4<~ j ii co ~o EnB ~ I@<•i • S 9 Fe~ e~~ ~ ' S5g $~y~ ~ 9 ~ ~ ~ ~ ~ p o a cF`~ i 0 ~. ~11j6 € E a a <p :i5 E ono E ~ ~,D 9 . poi? 8 n95 <r°,~ E ~ ~ ~ 9 ~ i <9 ~'~ syi icon t i~ 8 0 6 u i L a~c• 8',558 •~e• s55g i Ai ~ E c~ ~ .` 2: ~~E•. _ 9 ~~ ~ ' ~9~d`3 a =SY~ gg d 7 .5e~ ~ q ~~ PO i< . ~: ~< °Y o,o, ' A ~•: 9: :~ 5nn y 5n3 _~ P Q ~~a P V„ ;~ ' Mo n ~ < a • i g<e 35 8~ ; n ~ ~ ~iC . 3 as r : os~ .p ~ U pr i ~ I~ g E ~: p3~~ ~F @ 3xc~aa v~E < ~ P ., ~ ~ ~ U f a e ~a.,st~ =~es55€3.0 35~ene1E~~ ~SYi'~~Eoi 5' ~i cO9b5 i9 ~yya~ZY~y yloF~~S~`oi ":5 'ti"~~~& z ;~~Y~99~nE :5i5~5aG~n i 0 ~~~` a' I~~~~ I~ a 9~ 9005 Em ![[~ So ~~~~~~[[[[ ., ~C~C~ • i 5 ~ a L ~~a=?. f$9 $`o u ~:~5~ a g¢°~yy¢Qy <Y:aYL •~~p5• 3E~~o~ 8;8;y, ~~ti~ s .,. ~ ~y,aaEa . ~~ E ui v~~~ 59~~'iE7 °s °sd 5 ~~~~g~~ ORDINANCE N0. 517 AN ORDINANCE OF THS CITY COONCIL OP THB CITY OF RANCNO COCAMONGA AMENDING THE RANCHO CDCAMONGA MIINICIPAL CODB SY ADDIN6 A NEp SECTION 17.01.090 PERTAINING TO DEVELOPMENT STANDARDS FOR THE EBTABLIBHMENT OP ADULT-ORIENTED H08IN888E8 AND NAEIN6 FINDIN68 IN BtlPP0RT THEREOF. A. Recitals. (i) The Development Cofle of the City of Rancho Cucamonga, at Section 17.10.030 F.1., currently provides regulations for the approval and establishment of adult-oriented businesses within the City of Rancho Cucamonga. Recant studies prepared by other jurisdictions with respect to the establishment of such adult-oriented businesses have demonstrated that a number. of detrimental social and economic ettects are produced to those persons and properties immediately surrounding established adult-oriented businesses. Moreover, recent opinions of the United States Supreme Court have upheld local regulations of such adult-oriented buaineasea when raqulationa era predicated upon the fact that establishment o! such bueineeaes disrvpt the social and economic welfare of those ereae immediately adjacent to such bueineeaes and, theretore, disbursal of ouch bueineeaes from churches, schools, parks and residences is naceasary end appropriate for the preservation of the public health, safety and welfare. (ii) Prior to the adoption of this Ordinance, this Council has had available and reviewed detailed studies prepared by other jurisdictions with respect to the detrimental social and economic effects produced to those persons and properties immediately surrounding established adult-oriented businesses. These studies included those prepared by the Cities o! Indianapolis, Indiana; Phoenix, Arizona; Los Angeles, California; and, Austin, Texas. The consensus of these studies tend to demonstrate that the crime rate in areas surrounding even one adult-oriented business tends to escalate (particular as to sex-related crimes) and that property values in such erens tend to show a marked decrease. This Se particular true given a close proximity to residential areas. The general summary is that it is reasonable and prudent that local jurisdictions exercise zoning power to regulate the location of adult-oriented businesses to operate in areas of community that, while accessible to their patrons, are located in districts that are least likely to injure the general welfare of residents. Based upon the findings and conclusions sat forth in said studies, this council hereby finds as follows: (1) Areas within close walking distance of single and multiple family dwellings should be free of adult-oriented businesses; (2) Areas where children could be expected to walk, patronize or recreate should be free of adult-oriented businesses; (3) Adult-oriented businesses 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; (4) Tha image of the City oP Rancho Cucamonga as a pleasant and attractive place to reside will be adversely effected by the presence of adult-oriented businesses in close proximity to residential land uses, churches, parka, and schools; (5) Regulation of adult-oriented businesses should be developed to prevent deterioration and/or degradation of the vitality of the City before the problem exists, rather than in response to an existing problem; (6) Commercial areas of the City patronized by young people and children should be tree of adult-oriented businesses; (7) Areas where studnnte are aalkinq to end from school should be free of adult-oriented businesses so not to be subjected to confrontation with the existence of such bueinesaea; (8) Adult-oriented businesses ahoul3 be regulated by zoning to separate them from other dissimilar uses just as any other land use should be separated from uaee with characteristics different from itself; (9) The location of adult-oriented bueinesaea in proximity to residential uses, churches, parka and schools may teed to increased levels of criminal activities, including prostitution, rape, incest and assaults in the vicinity of such adult-oriented bueinesaea; (10) The experience in numerous other cities has shown that the location of adult-oriented businesses tends to degrade the quality of areas in which they are located and cause a blighting effect upon the city. (11) Location of adult-oriented businesses in close proximity to residential uses, churches, perks end schools will reduce retail Grade to commercial uses in the vicinity, thus reducing property values and tax revenues to the CSCy. Such adverse effects on property values will cause the lose of some 7] commercial establishments followed by a blighting effect upon the commercial districts within the City, leading to deterioration of the commercial/economic quality of the City; (12) Location of adult-oriented businesses within walking distances of churches and other religious facilities will have an adverse effect upon the ministry of such churches and will discourage attendance at such churches by the proximity of such adult-oriented businesses; (13) A reasonable regulation of the location of adult-oriented businesses will provide for the protection of the image of the City of Rancho Cucamonga and its property values, and protect the residents of the community from the adverse effects of such adult-oriented businesses, while providing to those who desire to patronize adult-oriented businesses an opportunity in areas within the City which are appropriate for location of adult-oriented businesses; (10) The initial location of adult-oriented businesses will lead to the location of additional and similar uses within the same vicinity, thus multiplying the adverse impacts of the location of adult-oriented businesses upon residential uses, churches, parks and schools and directly cease adverse impacts upon the image end quality of the character of the entire community; and, (15) The above-referenced lindings and conclusions can ba feeaibly promoted end/or achieved by adoption of this ordinance. (iii) The Planning Division of the city oP Rancho Cucamonga has conducted and completed a study of properties within the City of Rancho Cucamonga as they will relate to the development propensities and characteristics of adult-oriented businesses; the reavlt of such study to evaluate and recommend reasonable, prudent and thorough regulations concerning the location and operation of adult-oriented i,usinessea in those areas of the community that, while accessible to their patrons, beet promote the goals, findings and policies set forth in subparagraph (11), above. Prior to the adoption of this Ordinance, this Council has reviewed the findings and data contained in such study (entitled "Land Uae Planning Study, September 1992") which study is incorporated herein by reference. (iv) On , 1993, the Plnnninq Commission oP the C ty of Rancho Cucamonga conducted a duly noticed public hearing concerning the above-referenced zoning ordinance amendment and, following the conclusion thereof, adopted its Resolution No. recommonding that the city Council of the City of Rancho Cucamonga adopt these amendments. (v) On 1993, this Council conducted and concluded a duly noticed public hearing concerning the subject amendments to the Development Code. (vi) All legal prerequisites prior to the adoption of th is ordinance have occurred. B. ordinance. The City Council of the City oP Rancho Cucamonga does ordain as follows: SECTION ~. Tha City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION j. The City Council of the City of Rancho Cucamonga hereby finds that the project has been prepared and reviewed in compliance with the California Environmental 4uality Act of 1970, as amended, and the Guidelines promulgated thereunder, and further, specifically finds that based upon substantial evidence it can be seen with certainty that there is no possibility Chet the proposed Ordinance will have a significant effect on the environment and, therefore, the proposed Ordinance Ss exempt pursuant to Stets CEQA Guidelines Section 15061(b)(3). SECTION ~. Sections 17.02.140 C.3, 17.10.030 0.2 and 17.10.030 F.1 of the Development Coda era hereby repealed. SECTION g. The Development Code is hereby amended to add a new Section 17.04.090, to be read, in words and figures, as follows: "17.04.090 Adult Entertainment Buaineas. nA~ 1 "It is the intent of these regulations to prevent problems of blight and deterioration which can 6e brought about by the concentration of adult entertainment businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, public parks and residentially Zoned districts. The City Council finds that it has bean demonstrated in various communities that Lhe concentration of adult entertainment businesses causes an increase in the number of transients in the area, and increase in crime, and can cause other businesses and residents to move elsewhere. It is, therefore,, the purpose of these regulations to establish reasonable and 4 uniform regulations to prevent the concentration of adult establishments or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas. "B. DEFINITIONS "1. It is the intent of this Section that the definitions set forth in the Development Code shall apply but only where they do not conflict with any definition set forth in this Section. "2. Establishment Qg ~ Adult Ep_,tertainment Busine a "AS used herein, to "establish" an adult entertainment business shall mean and include any of the following: "a. The opening or commencement of opetetion of any such business as a new buaineas. "b. The co7rversion of any existing business, whether or not an adult entertainment business, to any adult entertainment buaineas ae described herein. "c. The addition of any adul! entertainment buaineas ae defined herein to any existing adult entertainment bueinesa if the addition results in enlargement o! the place of bueineaa. For purposes of this paragraph, enlargement shall mean an increase in the sine of the building within which the buaineas ie conducted by either construction or use of an edj ecvni building or any portion thereof, whether located on the same or an adjacent lot or parcel of land. "7. $Secified Anatomical Areas ^AS used herein, "specified anatomical areas" shall mean and include any of the following: ^a. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breast below a point immediately above the tops of the creole; or "b. Human mole ganitala in a discernibly turgid state, even if completely and opaquely covered. W "4. Soecified Se u Activiti s "As used herein, "specified sexual activities" shall mean and include any of the following: "a. The fondling or other erotic touching, actual or simulated, of human genitals, pubic region, buttock or female breast; "b. Sex acts, actual or simulated, including acts of sexual intercourse, oral copulation, sodomy, or bestiality; or "c. Masturbation, actual or simulated; or "d. Excretory functions as part of or in connection with any of the activities set forth in 'a' through 'c' above. "5. Adult Entertainment Establishment "An adult entertainment establishment is any place of business in which one or more of the following activities are conducted: "a• H~N1L BS9k Btora• A commercial establishment which, es a regular and substantial part of its business, devotes inventory or product lines or display, shelf, rack, table, stand, or floor area used for the display and sale of the following: "(1) Books, magaainea, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, s1iP.ea, tapes, records, or other form of visual or audio representation which era characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas"; and/or "(2) Instruments, artificial devices or paraphernalia which are designed for use in connection with "specified sexual activities." Tha term "product line" refers to items which are all identical, such as numerous copies of the same book or periodical. "b• Adult Motion Picture Esta611shment. Shall mean a commercial establishment with a capacity of 50 or more persons, used for the presentation, exhibition or display of films, motion pictures, video cassettes, slides or similar photographic reproduetions projected on a screen, which ere distinguished ox characterized by an emphasis on matter depicting, describing, or relating to "specified Sexual Activities" or "Specified Anatomical Areas." For purposes of this subsection and subsections c, d, e, f, g, h and 1, "substantial portion of the total presentation time" shall mean a regular and substantial course of conduct. "c. Adult Mini-Motion Picture Theater. Shall mean a commercial establishment with a capacity of more than 5 but less than 50 persons, used for the presentation, exhibition or display of films, motion pictures, video cassettes, slides or similar photographs reproductions projected on a screen, and in which a substantial portion of the presentation time is distinguished or characterized by an emphasis on matter depicting, describing, or relating to "Specified Sexual Activities" or "Specified Anatomical Areas." "d• Adult Motion Picture B,=£~514• Any plnce to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, prof ectore, or other image-producing devices are maintained to show images to five or fewer persona per machine at any one time, in which a substantial portion of the total preaantation time of the images so displayed are distinguished or characterized by en emphasis on depicting or describing "Specified Sexual activ Sties" or "Specified anatomical Areas.^ "e. ~}y~ Drive-Sn Tji@~tq~. An open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other lorme of visual productions, Por any form of conaideretion to persons in motor vehicles or on outdoor seats, in which a substantial portion o! the total presentation time of the material being presented is distinguished or characterized by an emphasis on matter depicting, describing or relating io "Specified Sexual Activities" or "Specified Anatomical Areas" for observaticn by patrons. "f. P.dult Cabaret. A nightclub, bar, restaurant or similar establishment during which a substantial portion of the total presentation time features live performances which are dietingulahed or characterized by an emphasis on "Specified Sexual Activities" or 6y exposure of "Specified Anatomical Arses" and/or feature films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of "Specified Sexual Activities" or "Specified Anatomical Areas" for observation by patrons. "g. Adult t~Yo gi, g~ gQ~gi. A hotel or motel or similar commercial establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions, a substantial portion of the total presentation time of which is distinguished or characterized by an emphasis upon the depiction or description of "Specified Sexual Activities" or "specified Anatomical Areas" for observation by patrons. "h. ~y~ Theater. A theater, concert hell, auditorium or similar commercial eatablishnant either indoor or outdoor in nature which, !or any form of consideration, reguierly factures live pertormencea, a substantial portion oP the total presentation time of which is distinguished or characterized by an emphasis on "specified Sexual Activities" or "Spscifiad Anatomical Areas" for observation by patrons. "i. ~~ ~Od91 gyyQ1Q. Any establishment open to the public where, for any form of consideration or gratuity, figure modsla who display "Specified Anatomical Areas" era provided to be obesrvad, ekatchad, drawn, painted, sculptured, photographed, or similarly depicted by persona, other thnn the proprietor, paying such consideration or gratuity. "This provision shall not apply to nny school of art which is operated by an individual, firm, association, partnership, corporation or institution which meets the requirements established in the Education Code of the Stnte of California for the issuance or conferring oP, and is in fact authorized thereunder to issue and confer, a diploma. "~. 5~xua1 Encounter Establishment. A commercial establishment, other than a hotel, motel or similar establishment offering public accommodations which, for any form of consideration, provides a place where two or more persons may congregate, associate or consort in connection with "Specified Sexual Activities" or the exposure of "Specified Anatomical Areas." M "This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state of California engages in sexual therapy. "k. Body Painting Studio. Any establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude in terms of "Specified Anatomical Areas." "l. Qther Adult Entertainment Businesses. Any other business or commercial establishment not herein defined: "(1). Wherein for any Porm of consideration the establishment provides entertainment to patrons in which a substantial portion of the total presentation time is characterized by an emphasis on depicting, describing or relating to ^Specified Sexual Activities" or Specified Anatomical Areas"; or "(2). Which devotes more than 50 percent of the total area used for display of its stock in trade to items, instruments end paraphernalia which are charncterfzad by an emphasis on depicting, describing, or relating to "Specified Sexual Activities." "c. ~8Ea8 F48 aD1tL2 ENTEBTAIHMENT ESTABLIBl4ffiNTfl UEVEjQ.p~ STANDARDS "Adult antertninment astabliahmenta are permitted only in those sreas of the City within the boundaries oP the Industrial Area Specific Plan located east of Haven Avenue and south of Foothill Boulevard; end as further consistent with the proximity requirements of this Section. Tha development siendarda applicable to the establishment of an adult entertainment buainesa shall be ea set forth in the Development Code for a District and ues most comparable to the proposed adult entertainment business, ae determined by the City Planner. "D. MINIMUM PROXIMITY REOUIREMENT3 "No adult entertainment establishment shall be established within specified diatences of certain specified land uses es set forth below: "1. No such establishment shall be established within one thousand five hundred (1,500) feet oP any other adult entertainment establishment. "2. No such establishment shall be established within one thousand five hundred (1,500) feet from any existing residential dwelling, residentially zoned property, church or similar place of worship, school or day care facility (public or private), park or playground, recreational facility, hospital, public buildings (i.e., City Hall, County offices, courthouse, libraries, etc.) and the right-of-way on the following: Haven Avenue, Milliken Avenue, 4th Street, Pcothill Boulevard and I-15 Freeway. "E. MEASUREMENT Qj? DISTANCE ~ USES "The distance between any two adult entertainment establishment shall be measured in a straight line, without regard to intervening structures, lrom the closest exterior structural wall of each buainaas. The distance between any adult enterteinsent establishment and any school, public park or rasidantial zone, etc. shall be measured in a straight line, without regard to intervening structures, trom the closest exterior structural wall o! the adult entertainment buainaas to the closest property line o! the school, public perk or residential zone, etc. ~~g, ('TAGFn yIEWiNC ~g{;~ "NO adult use or adult entertainment business shall maintain closed areas, booths, cubicles, rooms or otheY areas within its place of business that era used, designed or tarnished for private saxuel activity. No nudity or sexual activities by customnra shall be allowed on the premises. All portions of the premises shall be available by access and visual inspection et all times by any City inspectors standing at the trout door (not to include existing and approved reatroom facilities.) ^G. ADULT ENTERTAINMENT ~7NING ~',$rlji" REOUIREO "It shall be unlawful to establish or operate, or cause or permit to be operated, any adult entertainment establishment without first obtaining an adult entertainment zoning permit from the City Planner. 10 41 "x "1. Any person, association, partnership, corporation, or other entity desiring to obtain an adult entertainment zoning permit shall file an application with the City Planner on a form provided by the City Planner. The application shall be accompanied by a nonrefundable application processing fee in the amount established by City Council resolution. "2. The application for a permit shall contain the following information: "a. The name, address and telephone number of the applicant. If the applicant is a corporation, the applicant shall set forth the name of the corporation exactly as shown in its article of incorporation, the date and place of incorporation, the names and addreeaes of the officers, directors, and each stockholder owning more than 10i of the stock of the corporation. if the applicant is a partnership, the applicant shall sat forth the name and residence address of each of iha partners, including limited partners. If ono or more of the partners is a corporation, the provision of this section pertaining to a corporate applicant shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as Sts responsible managing officer. "b. Name, address and telephone number of the person who shall manage and operate the establishment for which the permit is requested. TRa Hama and address of a person authorized to accept service of legal notices. "c. The proposed business name of the adult entertainment establishment and description of the type of adult establishment. "d. Street address oP the proposed adult entertainment establishment end the tax assessors parcel nua~ber for the property. "e. A plot plan for the property depicting the Location of the building housing the adult entertainment establishment on the property. "f. If the adult entertainment establishment was in existence as of the effective date of these regulations the date the establishment first commenced operation. 11 "g. Any other information reasonably necessary to accomplish the purposes of these regulations. "7. Referral to Other City Departments. The City Planner may refer the application to other City departments to determine whether the premises where the adult entertainment establishment is located, or will be located, complies with the City~s building, health, zoning and fire ordinances or other applicable ordinances or laws. City departments may conduct an inspection of the premises to determine compliance with the ordinances and laws they administer. "4. Action on Application. The City Planner shall determine whether to grant or deny the permit within thirty (30) working days after receipt of a complete application. "I• GROUNDS PQ$ DENIAL/R_f'VOCATION "1. Tha City Planner shall approve the permit unless ha or ehe detarminea lrom a consideration of the application, City impaction at the premieea or other pertinent information that: "a. That information r_ontained in the application or supplemental information requeatad from the applicant ie false Sn any material detail. "b. The proposed location of the adult entertainment business would not comply with the requirements of Section C or D. "c. The operation oP the adult entertainment buaineas is or would ba in violation of one or more proviaiona of these regulations. "d. The premises where the adult entertainment business is or will be located does not comply with all applicable levee, including, but not limited to the city's building, health, zoning, and Lira ordinances. "e. That a permit to operate the adult entertainment establishment has been issued to the applicant, a partner of the applicant, or a stockholder or the applicant which stockholder owns more than l0i of the applicants corporate stock, which permit has been suspended and the period of suspension has not yet ended. 12 "2. Notice of permit denial shall be in writing and shall state the grounds therefore. Notice shall be personally served on the permit applicant or mailed to the address listed on the application form. "3. An adult entertainment permit may 6e suspended for up to one year or revoked for any of the reasons specified as grounds for permit denial in sub-section (1) (a-e) above. "J. PERMIT CONDITIONS "The City Planner may condition the issuance of an adult entertainment zoning permit by imposing reasonable conditions to insure compliance with these provisions and other sections of the Rancho Cucamonga Municipal code. "E. $~ Q$ TBBNSFER QL BUSINESS "NO adult entertainment permit may be sold, transferred or assigned by the permittee, or by operation of law, to any other person or persona, end any ouch sale, transfer or assignment, or attempted sale, tranater or assignment, shall be deemed to constitute a voluntary surrender of each permit and such permit shall thereafter be deemed terminated and void; provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or morn o! the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit and in each case the permittea shall thereafter be deemed to be the surviving partner(s). One or more proposed partners in a partnership granted a permit hereunder may make application to the City Planner, together wish the fee established by the City Council therefor, to amend the original application providing all information as required for partners in the first instance and, upon approval thereof, the transfer of the interests of one or more partners to the proposed partner or partners may occur. If the permit is issued to a corporation, stock may be sold, transferred, issued, or easigned to a person not listed on the application as a stockholder, the permit shall be deemed terminated and void; provided, however, the proposed transferee may submit to the City Planner, together with a fee established by the City Council, an application to amend the original application providing all information as required for stockholders in the first instance, and, upon approval thereof, the transfer may then occur. 13 "L. 1~W PERMIT REQUIRED "The permittee must apply for a new adult entertainment permit as follows: "l. Prior to any change in the location of the adult entertainment establishment. "2. Prior to the conversion of any existing adult entertainment establishment to any other type of adult entertainment establishment as described herein. "3. Prior to any change in the business name of the adult entertainment establishment. "4. Prior to the enlargement of an existing adult entertainment establishment. ^M. DISPIAY ~ ~'jj ^Each person to whom or for aho a permit has been granteB shall display said permit in a conspicuous piece within the adult enterteinmant astablishmant so the same may ba readily seen by parsons entering the premises. ^N. VZOI.ATION ~(Z DvN1t.TTVa "1. Criminal Violation. "It shall be unlawlul for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Section. Any person, firm, partnership, or corporation violating any provision of this section or failing to comply with any of its requirements shall be deemed guilty of a miedemnanor and upon conviction thereot shall be punished by a fine not exceeding one Thousand Dollars or by imprisonment not exceeding six months, or by both such tine and imprisonment. Each such person, firm, partnership, or corporation shell be deemed guilty of a separnta offense for each and every day or any portion thereof during which any violation of any of the provisions of this Section is committed, continued or permitted by such parson, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Section. "2. Civil gs~dies Available. "A violation of any of the provisions of this Section shell constitute a nuisance and mny ba abated by the city through civil process by means oP restraining 14 order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance." SECTION ~. Section 17.10.030B of the Development Code is hereby amended to add to the "Uses Table" a reference to "Massage Establishments" subject to the conditional use permit process, in only the General Commercial District. SECTION 6. If any section, subsection, sentence, clause, phrase or any portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction or preemptive legislative, such decision or legislation shall not effect the validity of the remaining portions of this Ordinance. The City Council of the city of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrese or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions is preempted or it declared invalid or unconstitutional. SECTION Z. The Mayor shall sign this Ordinance and the city Clerk shall cause the same to ba published althin fifteen (15) dnys after its passage at least once in the jDyppd Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and Circulated in the City of Rancho Cucamonga. PASSED, APPROVED and ADOPTED this day of 1993. AYES: NOEB: ABSENT: Mayor ATTEST: Debra J. Adams, City Clerk 15 '![) ~a~a~x ur~ xnJV~nv ~uuninvJVUn STAFF REPORT DATE: December I, 1993 TO Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Jerry B. Fulwood, Deputy City Manager BY: Duane A. Baket, Assistant to the City Manager SU8JEC1': CONSIDERATION OF RESOLUTIONS RELATTNG TO TILE FORMATION OF COMMUNITY FACILITIFS DISTRICT 93-3 (FOOTHILL MARKETPLACE) Recommendztion: Il is recommended that the City Council adopt the attached resolutions (ortning Community Facilities District 93-3. The attached resolutions will find the formation of the District to be exempt from CEQA, approve [he engineers report, authorize the submi«al of a special levy to the qualified electors, authorize submitting a proposition to incur debt to the electors, and declare the necessity to issue bands. Also presented for your consideration is a resolution that declares the results of the special election once the votes have been canvassed. This District is being formed consistent with prior action of the City Council, specifically the Resolution of Intention (f193-180) adopted on October 6. 1993. Background: The proposed Community Facilities District consists of 13 parcels as shown on the attached map. The parcels thst comprise the District are APN 229-031-27 through APN 229-031-34, APN 229-031-37, and APN 229-031-39 through APN 229-031-42. Combined the parcels cover an area of approximately 31.93 acres. The District is being formed to provide funds to acquire public improvements that are to be completed in the District. These improvements include the following facilities: Street improvements to Foothill Boulevard from Interstate IS to Etiwanda Avenue. Work to include striping, median landscaping, sidewalks, street lights and traffic signals. Strcct improvemeuts for Etiwanda Avenue from Foothill Boulevard to approximately 1,000 feet south of Foothill Boulevard. Work to include striping, parkway landscaping, sidewalks, street lights and traffic signals. • Public storm drain, including appurtenances from Foothill Boulevard southerly and westerly to Arrow Route. 47 Considemtiou of Resolutions for CFT1 93-3 Lkcember 1, 1993 Page ?, • Sewer improvements from Foothill Boulevard and Etiwanda Avenue westerly and southerly to Arrow Route. • Installation of 7,300 feet of water line, fire hydrants and appurtenant work. • Water improvements on Foothill Boulevard and Etiwanda Avenue including installation of 3,270 feet of water line, fire hydrants and appurtenant work, • A porion of the storm drain improvements on Arrow Route. • A portion of the Interstate 15 interchange at Foothill Boulevard. The above information is detailed in the engineer's report for this District. In addition, the engineer's report details the annual costs to be assessed and the method to be used to spread the assessments. The preliminary cost estimated to acquim the facilities rs 55,003,998. This cost will 6e divided among the parcels based on the net usable area of each pamet with the exception of land to be used for future freeway interchange right-of- way. This District is supported by all of the aftected properly owners. [t is, there(ore, recommended that the Cily Council adopt the attached resolutions and proceed with the sale of bonds to acquire the improvements constructed in this District. R ~pectfully Submitted, i ~~~~~ erry B. Fuiwood Deputy City Manager ]BF/DAB/dab YO BOUNDARIES OF COMMUNITY FACILITIES DISTRICT N0. 93-3 ~L .. ® ® ~ ~( / A b o.w.. rr wr~.~wn A RESOLVT7ON NO. 9~ ~d~',Y A RESOLUTION OF THE CITY COUNCH, OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FINDING THE FORMATION OF COMM(NITY FACILITffS DISTRICT 93- 3 (F'OO'CFIE.L MARKE7YLACE) TO BE EXEMPT' FROM THE CALIFORNA ENVIRONMENTAL QUALITY ACT WHEREAS, a public hcariog has been held and concluded, and the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, (heininafter inferred to as the "legislative body of the Local Ageocy"), is desirous at this time to proceed with the cslablishment of a community facilities district, pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Pan 1, Division 2, Title 5 of the Govemmeat Code of the Stale of California (the Act); said Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT N0. 93-3 (FOOTHILL MARKETPLACE) (hereinafter refereed to as the "District"): and, WHEREAS, the tacilities to be acquired by this District have been included and wain approved es pan of Parcel Map No. 13724; and, NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does heinby resolve as follows: SECTION I. That the above incitais are all tine and correct. SarrtnN 2. This Council finds and determines that the project identified above in this Resolution is exempt from the requirements of the Califomia Environmental Quality Act of 1970, as amended, and the Gu idelines promulgated thereunder, pursuant to Scc[ion 15061 (b)(3) of the State CEQA Guidelines. RPSOfAPZCN No. ~ -.11~ A RESOId/PICN ~+ THE CTTY CQtt~IL OF THE CITY CF RAfX]p CUCAMOIaGA, CALIFTR2NIA, fl~Id~ffNG ANO ESTA~.ISHING Tf~ i ORMATION OF A COMMUNITY FACILPiTES DISIRICP, AND A[IIIDRIZING SU@IIT1;AI, OF LEVY OF u^PDCIAI, TA7fIS 10 THE cxmT rFIID ELFS•iLRt.S WHEREAS, a public hearing has been held and croncludsd, and the CITY CWNCII, of the CITY OF RA[i7D COCAMZ*]G4, CAI.IfCMaNIA, (hereinafter refereed to as the "legislative body of the local Agency^), is desirous at this time tv proceed wiU the establishmern of a camuiuty facilities district, pursuant to the terms and provisions of the "Mello-tacos Camnutity Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Goverment Code of the State of California (the "Act"); said Comnuuty Facilities District shall hereinafter be referred to as CQMSUNITY FACII.ITIES DISIRICI' W. 93-3 (FOOIIiILL MA(tl~7Yf.ACE) (hereinafter referred to as the "District"): ard, WHERE7\S, this legislative body has further declared its intent that the authorized public facilities be financed through the issuarce of bonds, said binds secured by the levy of a special tax; ard, WttEREAS, at any time before or after the forntation of the District, this legislative body trey eccept advances of funds end/or work in kind fmn any sauce; however, no reitnbarsamnt ardor repayment shall be made far said advances until expreesly set forth by agreenent and/or Resolution of this legislative body setting forth the amamt, terns erd conditions for airy reimbursaaatt ardor repayrtimtt; and, c~,s, all cannudcations relating to the establishment of the District, the facilities and the tax rate have been presented, and it has further been datermined that a majority protest as defined by law has not been received against tt>eae proceedings; and, WHEREAS, the "taeport" as ro„ autrinitted 18 hereby approved: and., WHEREAS, iriamnach as there are lees than twelve (12) registered voters residing within the territory of the District, and have been been for at least the preceding ninety (90) days, this legislative body is desimus to submit the levy of the requited special tax to tha landowners of the District, said landowners being the qualified electors as authorized by law. NOW, THEREFORE, the City Council of the City of Pancho Cucamonga dces hereby resolve as follw~s: RECITALS SEL•TION 1. 79wt the above recitals are all true and correct. PINS SECTION 2. That. the written protests received, if arty, do not represent a majority protest ae tlefined by tha applicable provisions of the Act. 51 SECTICN 3. The "Report", as mw sutmitted, including changes and mxtifications, if arty and as applicable, shall staid as the "Report" for all future proceedings ani all terns and contents are approved as set forth therein. RAME OF DISTRICT E'iECTION 4. That this legislative body does trseby establish and declare the formation of the Conmurity Facilities Distrirt known and designated as "COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL h41RRETPf,PGE) „ BOUPIDARIES OP DISTRICT SECTION 5. That the bourdaries and parcels of land in which the public facilities are to be provided aid on which special taxes will be levied in order to pay the costs and expenses for said public facilities axe generally described as follows: All property within the boundaries of CGtME1NITY FACILITIES DISTRICT NO. 93-3 (FO~l'HILL MARRETPIPCE), as shown on a boundary map as previously approved by this legislative body, said map designated by the ~e of this Cannu:ity Facilities District, a copy of which is on file in the Office of the City Clerk. The boundary map of the proposed District has been filed pursuant to Sections 3111 and 3113 of the Streets end Highways Oode of the State of California in the O dice of the Coun y Recorder of the County of San Berr:ardira, at Page of Beck of the Book of Mapa of Assessment and Crnmuuty Facilities Districts for said County. DESCRIPITCN OF FACII.TTIES SECTION 6. A general description of the public capital facilities which this legislative body is authorized by law to construct, own or operate, which are the facilities to be financed under these proceedings, are generally described as follows: The acquisition and/or construction of certain public capital facilities, generally described as street impirovenents to Foothill Boulevard fxan Interstate 15 to Etiwarda Avenue and to Etiwarda Avenue from Foothill Boulevard to approximately L, 000 feet southerly of Foothill Boulevard; storm drain impxoverents fmn Foothill Boulevard southerly and westerly to Arrow Rwte; sewer impxwenents frrm Foothill Boulevard and Etiwanda Avenue westerly and southerly to Arrow Route; on-site water improvements within the District; water improvements in Foothill Boulevard and Etiwanda Avenue; a ~rtion of the Arrow Rate stoan drain facility, a portion of the Foothill Boulevard and Interstate 15 interchange improvemnts and appurtenances and appurtenant work. In addition to financing the above described facilities, those incideltal expenses described in said final "Report" are also approved and authorized. J!r SPECIAL TAX SECTION 7. Except where funds are otherwise available, a special tax, secured by recordation of a continuing lien. against all non-~'-:oast real gcoparty in the proposed Distirict, is hereby authorized, subject to voter approval, to be levied annually within the boundaries of said District. The proposed special tax to be levied within said District has not been precluded by majority protest pursuant to Section 53324 of the Goverment Code of the State of California. For particulars as to the rate std method of appostioment of the proposed special tax, reference is made to the attached std inrorpoiated Exhibit "A", which sets forth in sufficient derP;7 the metlnd of apportiorm~:t to allow each latdowner or resident within the proposed District to estimate the probable atvmal account and the na*;m~ amamt that said person will hove to pay for anid facilities, Said special tax shall be utilized to pay for the financing of the previously described facilities, std, as applicable, W pay debt service on authrrized bonds to assist in financing said facilities. The special taxes herein authorized shall be collected in the sane matmer as ad valoxas property tams and shall be subject to the sale penalties, procedcre, sale and lien priority >n arry case of delinquency, ae applicable for ad valoran tams; however, as applicable, this legislative body rosy establish aM adopt an alternate or supplenental procedure as necessary. This legislative body furUter authorizes that the special taxes rosy he prepaid and satisfied by the payment of the amxcnt calculated pursuant to such procedures as may be set forth and adopted by Resolution of this legislative body. upon recordation of a Notice of Special Tax Lint pursuant to Section 3114.5 of the Streets and Highways Coda of the State of California, a contituung lien to secure each levy of the spacial tax shall attach to all tpn-exacpt real pmpsrty in the District std this lien shall continue in force and effect until the special tax obligation is prepaid and pranarcently satisfied std the lien can~al.led in accorsJan<.e with law or until crollection of the tax by the legialaLVe body ceases. PREPARATIC{i OF AM~1fiAL TAX A1XL SECTION 8. The name, address and Celephore nmiher of the office, department or bureau which will be resprnceible for pzepering annually a current roll of special tax levy obligations by Assessor's parcel number and which shall ba responsible for estimating future special tax levies pursuant to Section 53340.1 of the Governront Code of the State of California, are as follows: FINANCE OEPAR'II9TH' CPPY ~ RANCtp COCAMJNC~ 10500 CIVIC CENTER DR. RANCtD CUCAMCNGA, CA 91729 RE[EPF[NE: (909) 907-1851 FIlIDING OF VALIDITY SECFION 9. It is hereby further deterrairred by this legislative bxiy that all prnceedinga prior hereto warn valid and taken in confoanity with the xequi_rafents of the law, and specifically the provisions of the Act, and that this firdiurg and deterndnation is nade p++*~++~~t to the provisions and authorization of Section 53325.1 of the Goverment Code of the State of California. SUBSTiTVP1CA1 FPLIISTTES SELTICN 10. TYe description of the public capital facilities, as set forth herein, is general in its nature. The final nature and location of improvements and facilities will be determined upon the preparation of final plans and specifications. The final plans may show substitutes in lieu of, or modification to, the proposed work in order to accomplish the works of inprweiart, and arty such substitution shall not be a change or modification in the proceedings as long as the facilities provide a service substantially similar. to that as set forth in this Resolution. APPFAIS I~ II1fERPREI'F1TSU'1 PEL~CFDORE SECTIQJ 11. Any landowner or resident who feels that the aarwnt or fornula of the special tax is in erzor may file a notice with the Agency appealing the levy of the special tax. An appeals panel of 3 ms~ers, as appointed by the Agaxq, will then meet and prnnQtly review the appeal, and if necessary, meet with the applicant. Zf the findings of the Appeals Board verify that the tax should be nodified or changed, a recommendation at that time will be made to the Agency arid, as appropriate, the special tax levy shall 6e corrected, and if applicable in any case, a refund shall be grained. Interpretations may be made by the Agency by Resolution for purposes of clarifying arty vagueness or ambiguity as it relates to arty category, zore, rate or definition applicable to Lhese prxeedings. ELECPION SECTION 12. This legislative body herewith sukmits the levy of the special tax to the qualified electors of the District, said electors being the larrdvwrrers of the proposed District, with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within the Camuru.ty Facilities District. This legislative body hereby further directs that the ballot proposition relating to the levy of the above referenced special tax 6e combined and consolidated with the proposition relating to the incurring of a horded indebtedness. This Resolution shall not consti- tute the entice of the election and the Resolution declaring the necessity to incur the bonded indebtedness shall constitute the notice of the combined election relating to the bonded indebtedness and authorization for the special tax levy. 6 CITY OF RAR(31O CUCAt~QiCA C2AEEIITY FACIIS'i'1F5 DZSIRICT PO. 93-3 ( Ira. M4PIfI:TPIPCE) IDDIIDIT "A" PATE AfID METHb OF APPORTIOfEffi7t OF SPECIAL TAX The Resolution of Intention rnfers to this Exhibit for an explanation of the rate and method of apportiormertt of the Special Tax so as to .alloy each lamer within the proposed District to estimate the maxinaon annual amount of the Special Taxes to be levied. A Special Tax applicable to each Assessor's Parcel in Cfm,.m;ty Facilities District No. 93-3 (herein "CFD ND. 93-3") shall b9 levied and crollected according to the tax liability determined by the City Council o£ the City of Rancho Cucam(ga acting in its capacity as the legislative body of CFD No- 93-3 (herein the ^Council") through the application of the appropriate artiourvt or rate for ^Taxable Property" as described belay. All of the Taxable Property in CFD No. 93-3, unless exempted by law, shall be ta~md for the purposes, to the extent and in the manner heroin provided. A. DEFINITIQS "Acre" Weans the area of each Assessor's Parcel as shown on the San w,,,w„i;,Y, Castty Assessor's lips. ^ACt" means the Mello-Roos Community Facilities Pct of 1982, as amazxled, being Chapter 2.5 (cmmencing with Section 53311) of Division 2 of Title 5 of the California Government Cade. "Assessor's Parcel" means a parcel of land as desigmted on a map of the San Bernardino Courvty Assessor and which parcel has Coen assigned a discrete identifying number. "Bmx1s" means the bonds of CFD No. 93-3 issued end axle to finance public facilities which are necessary to the development of the property within CPD No. 93-3. "City" means the City of Poncho Cucamonga, California. "Debt Service" means the amou=rt of prircipal and interest an the Bonds or other debt which moat ba paid from the Special Taxes levied in each Fiscal Year on Taxable Property. "Facilities" means those public facilities identified in Lhe Report of NAS/I.vwry as Special Tax Consultant for CFD No. 93-3 vn file in the Office of the City Clerk. "Fiscal Year" means thR period starting on July 1, and ending the following June 30th. W "Maximum Special Tax" Weans the maximum Special Tax, detenni.ned in accordance with Section C, that can be levied by the Council in arty Fiscal Year for each parcel of Taxable P.mperty. "Taxable Property" is all of the parcels within the boundaries of CFD No. 93-3 which are cot era3lpt fmn the Special Tax pursuant to law. B. DE1T12Ma1ATI0N OF TAXABLE PROPE'EYf7 On Maroh 1 of each year, all Taxable Property within CFD No. 93-3 shall be deternlined artd shall be subject to tax in accordance with the rate and methxl of apportionmst determined pursuant to Sections C and D below. The Council shall rot inQose any Special Tax on land owned by a public agency as of the date of the fonlation of CFD No. 93-3. C. MAXIMUM SPECIAL. TAX RATE Each parcel of Taxable Property shall be subject to a MaxLnln Special Tax rate of $20,000 per acre and shah be levied ae long as necessary for each parcel of Taxable Property to pay for authorized facilities and to discharge authorized bond obligations of other debt of CFD Pb. 93-3. D. h1E1fpD OF APPOHITCfPffiTf OF Tf~ SPECIAI, TAX The Council shall determine the amount of ~Y required to be collected fran Taxable Property in CFD No. 93-3 in each Fisal Year. Such alOllrlt 9ha11 inClnd2 the 31116 neCe86ary t0 pay fur CarTerlt debt service on indebtedness of CFD No. 93-3, to date or replenish reserve fords deteanined necessary by CFD No. 93-3, and to pay adninie- trative expenses, construction expenses end acquisition expenses to be paid fran Special Tax procc3eds (the "Special Tax Requitement"). The Cwtrcil shall levy the Special Tax as follows until the mmunt of the levy equals the Special Tax Requinanant: An equal percentage of the Meximm Special Tax Rate applicable to all Taxable Property shall be levied on each parcel of Taxable Property for such Fiscal Year. ... nvr~wea of coiu~zmzorr The Special Tax will he colleted in the same mauler and at the sane time a= ordinary ad valorem real p-apezb; taxes. The Annual Special Tax shall be subjet to the sane penalties, procedure, sale a1d lien priority in case of a delinquency as provided for ad valorem taxes. Arty other Special Taxes that cannot 6e collected ir1 the same manner as ordinary ad valorem real property taxes shall be collected through a direct billing procedure by the Treasurer of the City. The Cwncil reserves the po}.er to provide for alternative means of collection of Special Taxes as permitted by the Act. In the event of a delinquency, CFD No. 93-3 will pursue foreclosure in a timely manner. F. REVIEW/APPPAL BCNf~ The Cousil shall establish, as part of the proceedings and a,im;nixrra_ tion of CFD No. 93-3, a special taeview/Appeal Boazd. Arty landowner who feels that the anount of the Special Tax, as to their patcel, is in error, may file a entice with the Review/Appeal Boatel appealing the aemimt of the Special Tax assigned to such patcel. are Review/Appeal Boatel shall intetpt~t this Aate and Method of Apportionment of the Special TeX and IDalae h+ta^^i.wtione talative to the annual a,in;ni stra_ tion of the Special Tax and ariy landowner appeals, as herein specified. •e* VI L,Ul'ICN ~. q~-ass A RFSBIIl'ICN OF THE CTTY ODONCIL OF THE CITY OF RAN(]f0 CUCAtZNQ+, CALIECAIIiIA, I)E(7ARINC, I~SSI'17 T'D INCUR A [ioNDID IIAI~'1'IIFIFSS AND SU[~ffTPSNi; A PROPOSITION TO THE (pAI.IFIID 4V1'ERS OF A IXM4HdPPY FPLII.TTIES DISTRICT WE~RF.AS, the CITY COUNCIL of the CITY OF RA4Ap CUCAMx1C,A, (ALIf77RNIA, (hereinafter refereed to as the "legislative body of the local Agency") , has previously declared its intention and held and cmdtn:ted a public hearing relating to the issuance of bonds to be secured by special taxes to pay for certain public capital facilities in a casas:ity facilities district, as authorized pursuant tv the temps aM provisions of the "Me1lo-ROOS Community Facilities Pct of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Goverrnertt Cale of the State of California (tre "Pct°); said Crnrtunity Facilities District is designated as CQTEJNI'1T FACILITIES DISTRICT ND. 93-3 (FODHhIIS, MAfIIO,2'PLACE) (her2L:after referred to as the "District"); ard, WHEREAS, at this time this legislative bait' is desirous to proceed to make the na~seary findings to ircur the Carded indebtedress, to declare the purpose for said debt, and to authorize the submittal of a combined proio^ition to the voters of said District, being the lendvwners of the pzoposed District, all as authorized eid required by law; and, WHEREAS, a spacial election is to h>e held in the City of Rancho Cucananga, California, (hereinafter referred to as the ^local Ar~xy^), at which time there will be submitted to the qualified electors of said District certain propositions relating to the authorization to levy a special tax, the incurring of a boMed indebtedriesa in order to pay for certain capital facilities to serve the District aM the establishrtent of an appropriations limit £oz the District, s++II++ant to the provisions of the Pct, as referenced above. WOW, TitF~E, the City Council of the City of Aanctro Cucamotrga does hereby resolve as followws: RECITALS SIX.•fION 1. That the above retirees are all true and correct. [~SITY FOR RC[~ID ZSSUE SECITON 2. That this legislative body hereby expressly declares and states that it is necessary to incur a bonded irdebtedrress es authorized under the teens and provisions of the Act, in order to finance the below described public capital facililles. PUAPOSE OF RCfiD ISSUE SECTIDN 3. That the purpose for the proposed bonded itdebted- ness and facilities proposed to be fitarrced through the issuanre of said bonds, is generally described as follows: n •' 1b finance the acquisition ardor construction of certain public capital facilities, generally described as street ir~rwerents to Foothill Boulevard front Interstate 15 to Etiwarda Avenue and to Etiwanda Avemte frrm Foothill Boulevard to apprnxisiately 1,000 feet southerly of Foothill Botlevard; storm drain improvatents fran Foothill Boulevard southerly aM westerly to Arrow Route; serer inproverents from Foothill Boulevard and Etiwarda Avenue westerly and southerly to Arrow Rovte; on-site wales ixQiov9rents within the District; water irtprovanents in Foothill Boulevard and Etiwarda Avenue; a portion of the Army Route stoan drain facility, a portion of the Foothill Boulevard and Interstate 15 interchange 3spmienents and appurtenances and appurtenant work. BWNOARIES ~' DISTRICT SECTION 4. That the whole of the District will pay for the above-referenced bonded indebtedness. A general description of the District is as follows: All property within the botmdaxies o£ CQ8~d1I1Y FPi;IT,TTIES DISTRICT ND. 9?-3 (F0O14IIII, IMHIa;PPf.~ACE), as shown on a trop as previously approved by this legislative body, said map desigtvated by the name of this Crnmmity Facilities District, a copy of which is on file in the office of the City Clerk. BOND AlDUNI SEC.TICN 5. 'fiat the anntmt of the proposed horded indebtedness, including the cost of the facilities, together with all incidental expenses, contingencies aid financing costs is generally estimated to be: $5,100,000.00 Said costs are represented in current dollars and are subject to escalation to provide for increases for futtue phases of constrvction. BOND TF2a15 SECTION 6. That it is hereby further deteaxined that bolds shah] he issued and the maxitnm tear of botxis and/or any series shall not exceed sorry (40) years, std said hinds may be issued in differing series, at differing times. Tha maximm rate of interest to be paid on said bonds shall not exceed the greater of either twelve percent (128) per amtm or the maximtmt refs permitted by law at the tine of sale of airy of paid bonds. The interest on said bonds shall be payable semi-annually, std the principal on said bonds shall be paid annually, with all payments being made to the registered owner of said bonds, as authorized by law. The bonds, except where other funds are made available, shall be paid exclusively fmn the annual levy of the special tax, and are not secured by airy other taxing peer or fords of the Ccmmmtity Facilities District or the City. ~Yl EfECI'ION SECTION 7. The proposition :elated to the incturing of the k»nded indebtE~iness shall be consolidated with the proposition relating to the levy of the special tax, shall be canbined into one ballot prop~si- tion, and shall Ce sukmitted to the qualified voters at a special election to be held on the 17TH DAY OF NWE~ET2, 1993, arxi said election shall he conducted by the City Clerk (hereinafter referred to as "Election Official"). If the canbined proposition for the levy of the special tax and the irxvrring of the bonded irX3ebtedness receive the approval of more t1a~n twv-thirds (213) of the rotes cast on the proposition, bonds may be authorized, issued and sold for the purposes set forth herein and the special tax nay be levied as provided for in the Resolution of Fovretion. BALTOT SECTION 8. 'fiat the ballot pz~sal to be sukmitted to the qualified esters at the election shall generally be as follows: PR(JPC6TPION A Shall the City of Rancho Cucarmnga, Crnnnmity Facilities District No. 93-3 (Foothill Market- place), County of San Bernarduro, 1) irn,r irxlebtedness in an amount not to exceed 55,100,000.00, to finance acquisition of autho- YES rued public imprwemnts, 2) levy special taxes to pay for said facilities, indebtedness of the District, ford and speoiai tax administra- NO tion, and 3) establish an Article RIIIB appropria- tions limit equal to the mexitrmn authorized special taxes which may be levied in acry fiscal year? The rate and method of apportionment of the spacial tax shall generally 6e as follows: Maximan Special TeX Rate Each parcel of Taxable Property shall be subject to a Maxicnan Special Tax rate of 520,000 per acre and shall be levied as long as necessary for each parcel of Taxable Property to pay for authorized facilities and to discharge authorized band obligations of ot'~er debt of CFD No. 93-3. Method of Apportionment of t`~ Special Tax The Council shall detevnine the amount of Honey required to be collected from Taxable Property in CFD No. 93-3 in each Fisal Year. Such amount shall include the sums necessary to pay for aumnt debt service on indebtedness of CFD No. 93-3, to czeate or replenish zeserve fwids deter- mined necessary by CFD No. 93-3, arni to pay administrative expenses, construction expenses and acquisition expenses to be paid from Special Tax proceeds (the "Special Tax Requinanent"). The Council shall levy the Special Tax as follows until the amount of the levy equal= the Special Tax Requirement: M equal percattage of the Maxinum Special Tax Fate applicable to all Taxable Pmperty shall be levied on each parcel of Taxable Property for such Fiscal Year. W1E SECTION 9. That the appropriate mark placed in the voting square after the wozd "YES" shall be counter in fawr of the adoption of the proposition, and the appropriate nark placed in the wtuy square after the word "NO" in the narnw_r as authorized, shall be counted a®;~Gr the adoption of said proposition. EfECPICti PROCEDURE SFSTZON 10. The election Official is hereby authorized to take any and all steps necessary for the holding of said election. Said Election Official shall perform aid render all services and proceedings incidental to and connected with the conduct of said election, aid said services shall include, but not be limited to the tollowLg activities as are appropriate to the subject election: i. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. 2. Cause to be prirted the requisite number of official ballots, talley shests and other necessary forne. 3. Furnish official ballots for the qualified electors of the Cannu:ity Facilities District. required by law. supplies. 4. Cause the official ballots to be presented as 5. Receive the returns of the election and 6. Sort and asac~nble the election material and supplies in preparation for the cam~esainq of the returns. given in the election. 7. Carnasa the returns of the election. R. Furnish a tabulation of the number of rotes 9. Make ell arrangarenta erd take the necessary steps to pay all costs of the election i-xurred as result of services perforned by the District and pay costs acd expenses of all election officials. 10. Corviuci and handle all other matters relating to the proceedings erd co:duct of the election in the manner and form as required by law. 61 RE=~I1lFICN No. 93-aa9 A RE5INIR'ICRI OF THE CPfY COIkICIL OF 1l~ CIT7 OF RANC2p CUCADDNGA, CALIFORNIA, DECLARING THE RES(II.TS OF A MELU}itlX16 CQR~RiIT7 PACII.ITIFS PCT ~ 1982" SPECIAL TAX AND BGLID AVLtiG7RIZATIQi ELECFICN WHEREAS, the CITY COUNCIL of the CITY OF RANt7TJ CUCPM'1NCA, CALIFORNIA, {hereinafter referrer to as the "legislative body of the local Agency"), has previously declared its intention std held and conducted proceedings relating to the levy of special taxes aid the issuance of bonds Sn a camunity facilities district, as authorized pursuant to the terns and provisions Of the "Mello-Roos Com:unity Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Goverment Cade of the State of California (the "Y[:t"). said Ca:minity Facilities District designated as COMMUNITY FACILITIES DISTRICT N0. 93-3 (FOOTEitt•r• MARAELPI.TCE) (hezei~fter referred Co as the "District")~ and, WfiERFAS, said legislative body did call for arc! order to be held an election to sudnit to the qualified electors of the District a preposi- tion relating to the levy of special taxes and the .issuarc.4 of horde in the District; and, WHEREAS, at this time said election has been held and the measure voted upon and did receive the favorable 2/3's vote of the qualified electors, and this legislative body dose desire to declarn the favorable results of tM election Sn accordance with the provisions of the Elections Code of the State of California. NUW, 'lt1EREt'9RE, the City Council of the City of Ranch Cucanrnxle does hereby resolve as follows: SECFICN 1. That the above recitals are all tree and correct. SECTION 2. That this legislative body hereby receives std approves the CERTIFICATE OP E(ECPICN OPFICL4L APD STATEMENT OP 4V1E5 CASE, as sutmitted by the Election Official, said Statement setting forth the nuidJer of votes cast in the election, the measure voted upon, and the number of votes given for arci/ar against the measure voted upon. A cropy of said Certificate aid State:ent is attached hereto, marked Exhibit A", referenced and so incorporated. SECTION 3. That Ctrs City Clerk ie hereby directed, pursuant to the provisions o~the Elections Code of the State of California, to meter in the minutes the results of the election as set for7h in said STATEMENT OF VpfES CAST. 1993 PASSED, APPFA7VED, std ADDPiFA this __ day Of , c~mrnlcxfe a~ e<mzaa oPe'ICIAL AFD slATarxr ~ morns tsar SLATE OF CAi.IFCAa]IA covNrY of sAN nao ) ss. cITY of ~r+NCxD cDCAM~r~. ) I, DEffi+A J. ADhMi, ELECPICN OFFICIAL. OF THE CITY OP RANC7A CUCAlYES~A. COUNTY OF SAN FIND, STATE ~' CALIFGRNIA, DO t~Y CEISIFY that pursuant to the pmviaions of Section 53326 of the Cnvertment Code azN Division 12, crnawtci,ng with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF [iANCEp COCAMNC~ CQ~AHB~7ITY PACII,ITIESS DISTRICP NO. 93-3 ~) 3pECZAL ELIXTICN in said City, held Novad~er 17, 1993. 1 fZRt14~Ii CFitfIFY that this Statemnt of Votsa Cast aMws the whole rnmber of votes cast in said District in avid City, ant the whole nuaber of votes cast for the Measure in said District in said City, and the totals of the respective coLaats aM the totals ae sheen for the Measure ate full, true and correct. I. 'N17+I. NUMBER OF WLES CAST: II. 1dfAL NfEA~R OF 4V1ES FGR AND AC~IIbT PROPOSITION A: F(Ri WITtffS.S mY hand and Official S~1 this day of 1993. E[.EC1'ICN OFFICIAL CITY OF RAtiI:FD C[~+ SPATE OF CALIFORN7A E1BIIBIT "A" ~~ ~ti r yr neuvr;nv t:uvnmvt~te>, STAFF REPORT DATE December 1, 1993 TO Mayor and Members of the City Council Lack Lam, AICP, City Manager FROM: terry B. Fulwood, Deputy City Manager BY: Duane A. Baker, Assistant to the City Manager SUB1ECf: CONSIDERATION OF AN ORDINANCE AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DIS3RICT 93.3 (FOOTHILL MARKETPLACE) Recommendation: It is recommended that the City Couacil adopt the attached Ordinance should this Community Facilities District be formed. Background: This Ordinance will provide for the levy of s special tex on the properties within Community Facilities District 93-3. These special razes will be used to pay debt service and fund required reserve accounts associated with outstanding authorized bonded indebtedness. Without the levy of the special tax, the District will not have the necessary revenue to support the bond debt necessary to acquire the public facilities associated with the District. With the concuncnce of the property owners added to this, staff is recommending approval of the ordinance. spectfully Submitt~ed,~C/~~~. terry Fulwoo/~~d~~~~ Deputy City Manager 1BF/DAB/dab C1~ ORDINANCE N0, 518 AN ORDINANCE OF THE CITY COUNCIL. OF THE CT17 OP RANCHO CUCAMONGA. CALIFORNIA, AUTHORIZING 171E LEVY OF A SPECIAL TAX IN A CXY2IIJNITY PACILIFIES DISTRICY WHEREAS, the CITY COUNCIL of the CITY OF RANCFp CUCAMf.Ii~+, CALIFORNIA, (hereinafter refezred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to tM levy of a special tax in a camrsdty facilities district, all as authorized pursuant to the terms and pmvisiore of the "Me1lo-Roos Crnnou~ity Pacilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the G>wexraoant Cod'- of the State of California (the "Act") This Camunity Facilities District is designated as CONi~ERdITY FACILITIES DISTRICT ND. 93-3 (FOfR7IIIS, FAIt1~.`TPI,PI;E) (hereinafter referred to as the "District"). ROW, THEREfCYiE, the City Council of the City of Rancho Qtcamonga does hereby ordain as follows: SECTIQi 1. That the above recitals are all true std wrrect. SECTION 2. 7fiat this legislative body does, by the passage of this Ordinance, authorize the levy of special taxes at the rate and fornula as set forth in Exhibit "A" attached hereto. referenced and so incorporated. SECTION 3. That this legislative body is hezeby further authorized, by Resolution, to determire the specific speci.nl tax rate std anuunt to be levied for the then current tax year or future tax years, except that the special tax rate to be levied shall rot exceed that as set forth shove, but the special tax mny be levied at a loner rote. SECTION 4. Yropezties or entities of the State, Federal or other local govemrents shall, exrept as othezwise provided in Section 5331'7.3 of the Govertmant Code of the State of California, be exe~Qt fran the above-referenced std approved special Lax. SECTION 5. The proceeds of the shove authorized std levied special tax may only ba used to pay, in whole or in part, the casts of the following, in the following order of priority: A. Payment of principal of and interest on airy wtstarxling authorized bonded irdebtednesa: R. N~eseary replenis}ment of bond reserve funds or other reserve funds; C. Payment of costs std expenses of euthrrized public facilities, services, std incidental expet~aes pursuant to the Mt; and D. Repayment of adver~cea and Loons, es apprtpriate. The proceeds of the special tax shall be levied only so long as needed for its purpose, std shall rqt be used for airy other RuPose SECl'ION 6. The above authorized special tax shall be rnllected in the sane marnier as ordinary ad valoren taxes are collectEd and shall be subject to the same penalties and the same procedure, sale and lien priority in case of del+++~ro+•;~ as is provided for ad valorem taxes. SECTION 7. The above authorized special tax shall be selvred by the lien imposed pursuant to Sectimm 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a contuwug lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, pern~tly satisfied std cancelled in accordatce with Section 53344 of the Goverment Code of the State of California or until the special tax ceases to be levied bi' the legislative body of the local Agency in the mariner provided in Section 53330.5 of said Goverrent Cede. SECPICN 8. This Gidit~ance and special tax shall be applicable for the referarced District, as sell as arty future annexations. SECTION 9. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Orciiner:ce to be published in a reaspsper of general circulation in the INLA18) VArrxv DAII.Y pursuant to the provisions of Govermeent Cade Section 36933. INPfiCDOCID Ate FIRST ItP.AD at a regular rneetirg of the City Coutril of the City of Parclro Cucamnga, California, on 1993; Ate T1~REAEIFR AODI?lED at a regular nesting of the City Council of the City of AaricM Cucanonga, California, held on the day of , 1993, by the following vote: AYES: NOES: Mayor ATiFST: City Clerk CITY OF PANC717 CUCAtKXiCA CCM+HWITY FACII,ITIES DISTRICT tA. 93-3 (FOU>xn~, r>r,R[a~:rPlrr_e} EL71IDTT "A" RATE ADID ME1MCC~ ~' APLi~iQ'IQd+le[7P CF SPECIAL TRx The Resolution of Indention refers to this Exhibit for an explanation of the rate aid netted of apportionment of the Special Tax so as to allay each landowner within the proposed District to estimate the maxim~ml annual artount of Lhe Special Taxes to he levied. A Special Tax applicable to each Assessor's Parcel it Cannurity Facilities District tio. 93-3 (herein "CPIs NJ. 93-3"} shall be levied and collected according to the tax liability determined by the City Cauxil of the City of Rancho Cucamxkp actiurg in its capacity as the legislative body of CFD hb. 93-3 (herein the "Council") thratgh the application of the appropriate aaraunt or rate for "Taxable Property" as described belay. All of the Taxable Property in CFD No. 93-3, unless e~~pted by law, shall be taxed for the purposes, to the extern, and in ttve manner herein provided. A. DEFINPPIQ$ "Acre" means the area of each Assessor's Parcel as shwm on the San Rernaadiro Camty Assessors Maps. "Act" means the Mello-Roos Community Facilities Act of 1982, as amercied, being Chapter 2.S (cementing with Section 53311) of Divisi~ 2 of Title 5 of the California Gover-tment Code. "Assessor's Parcel" means a parcel of Lard as designated on a map of the San w..,~,.,a~,,.. Camty Assessor and which parcel has been assicyed a discrete identifying nmrber. "Bnnda° Beane the fiords tf CE'D No. 93-3 issued and sole to finance public facilities which are necessary to the development of the property within CFD Ab. 93-3. "City" eases the City of Poncho Cucammlga, California. "Detrt Service" means the amount of prirrcipal aM interest on the fiords or other debt which must be paid from the Spacial Taxes levied in each Fiscal Year on Taxable Property. ^Facilities" means those public facilities identified in the Report of NBS/Cowry as Special Tax Consultant for CFD No. 93-3 on file in the Office of the City Clerk. "Fiscal Year" means the period starting on July 1, and ending the following Juno 30th. "Maximum Special Tax" Weans the maximxn Special Tax, deternrirrecl in accordarre with Section C, that can be levied by the Council in airy Fiscal Year for each paroel of Taxable Property. "Taxable Property" is all of the parcels within the boundazies of CFD No. 93-s which are rot exeng~t frvn the Special Tax pursuant to law. B. DETERMIN}1fI0N OF' TAXABLE PROPE[II7 On March 1 of each year, all Taxable Property within CfD No. 93-3 shall be determirarl and shall be subject to tax in accordance with the rate and methai of apportionment deta++~++~ pursuant to Sections C and D below. 7'he Council shall rnt impose any Special Tax on land owned by a public agency as of the date of the formation of CFD No. 93-3. C. MAXIMUM SPECIAL TAX RAZE Each parcel of Taxable Property shall be subject to a Maxiatmi Special Tax rate of $20,000 per acre and shall be levied es long as necessary for each parcel of Taxable Prioperty to pay for authorized facilities and to discharge authorized bond obligations of other debt of CFD No. 93-3. D. ME17i0D 0£ APPORT•IQ~Aghlf OF Ttffi SPECIAi. TAX The Council shall determine the amount of rmrrey required to 6e collected fran Taxable Property in CFD No. 93-3 in each Final Year. Such amount shall irclude the sums necessary to pay for curz~nt debt service on indebtedness of CFD No. 93-3, to create or replenish reserve furls determined necessary by CFD No, 93-3, and to pay adnirus- trative expenses, construction expenses and acquisition expenses to be paid from Special Tax proceeds (the "Special Tax Requircnant"). The Council shall levy the Special Tax as follows until the amount of the levy equals the Special Tax Requiranent: An equal percentage of the Maxinrml Special Tax Rate applicable to all Taxable Property shall 6e levied on each parcel of Taxable Property for such Fiscal Year. E. MANNER OF COLLECTION The Spscial Tax will he collected in the same manner and at the scone time as ordinary ad valoren real property taxes. The Annual Special Tax shall be subject tc the same penalties, procedure, sale and lien priority in case of a delinquency as provided for ad valorem taxes. Arty other Special Taxes that cannot be collected in the same Harmer as ordinary ad valoran real property taxes shall be collected through a direct billing procedure by the Tn?esurer of the City. The Council reserves the porter to provide for alternative means of rnllection of Special Taxes ae pernitted by the Pct. In the event of a delinquency, CFD No. 93-3 will pursue foreclosure in a timely manner. F. REIiIES'7/APPEAL BCYfTm The Council shall establish, as part of the pxnceedi+gs ared administra- tion of CFD No. 93-3, a special Review/Appeal Boaz'd. Airy landowner who feels that the amarrn of the Special Tax, as to their pucel, is in error, may file a notice with the Review/Appeal Board appealing the amwnt of t3ie special Tax assigned to such parcel. The Review/Appeal Board sha11 interprnt this Fate and Metlnd of Apportionaent of the Special Tax aM melee deterndnatian~ relative to the annual acin+nia+*a- tion of the special Tax and arty landowner appeals, as herein specified. •.. Crf'y yr rt.euv~n~ ~~t,~nmvt~t;r+ STAFF REPORT DATE December 1, 1993 10: Mayor and Members of the City Couocil Jack Lam, AICP, City Manager FROM: Duane A. Baker, Assistant to the City Manager SUB]ECT: APPROVAL OF AN APPROPRIATION OF S4S,000 FOR ACCOUNT NO. 125-4130-6028 TO ALLOW EXPENDITURE OF FUNDS DEPOSITED BY DEVELOPER [N RELATIONSIBP TO CFD 93-3 Recommendation: It is recommended that the City Council authorize the additional appropriation of E45,000 to account No. 125-4130.6028. Background: This appropriation will allow the City to expend money that has been placed on deposit by the developer. This money will be used for and has been deposited for additional expenditures related [o the formation of Community Facilities District 93-3 (Foothill Marketplace). This action will not affect the general fund as all expenditures in this account are funded by the developer. Resyecttully Submitted, Duane A. Baker Assistant to the City Manager DAB/dab !V CITY OF RANCHO CUCAMONGA STAFF REPORT BATE: December 1, 1993 T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager FFOM: Brad Buller, City Planner BY: Nancy Fong, AZCP, Senior Planner ~~•~,;~. ~` SUBJECT: DEVEiAPMENT AEV ISW 93-13 - WESTEPN PROPERTIBS - The consideration of an appeal of the Planning Commission's decision to deny the design review of elevations for Building X, a 5,350 square foot retail building within the Terra Vista Town Center, located at the northeast corner of Foothill Boulevard and Haven Avenue, in the Community Coamercial District - APN: 1077-421-70. i®OOM~NNDATTOII- Staff recosmenda that the City Council uphold the decision of the Planning Co®isaion denying the Design Review Eor Bul ldinq %. A Resolution of Denial is attached for Council action. The Commission approved the conceptual elevatlone for Buildings X and Y In December, 1987. The final building design and architectural details were approved in November 1989, as shown in exhibit "F.^ 9ubaequently, the develops: received building permits, Gut did not pursue the construction of the 6uildinga. In late July 1993, the developer submitted new elevatlone for Buildings X and Y. The design and intended use of the two M!i ldings hag changed from a two-story building for flnencial and office use to a aingle- story building fot retail use. On Auquei 11, 1993, the Com4lealon reviewed the new elevations and directed the developer to nddreae their design concerns. At the meetings of August 25 end October 13, 1993, the Commission reviewed the revised elevations na shown in exhibits "G" and ^I^ and npproved Building Y, but did not approve Building X. The Co®iaeion then denied the fluff lding X design at the October 27, 1993 meeting. The developer made a timely appeal of the Covoisaion'a deci9 ion. 11MIdSZB: In the appeal letter, the developer stated that the Comsiiaelon exceeded the srnpe of their authority. The General Plan eete611ahee the Development end Deai gn Review process to implement the goal of quality cc~unlty design. The Commieaion'9 action in this application to within the authority eetebliahed by the General Plan and Chapter 17.06 of the Development Code. 71 CITY COCNC IL STAFF REPORT DR 93-13 December 1, 1993 Page 2 in their review of this application, the Commission remgnired that Terra Vista Town Center is an award-Ginning shopping center since it received the prestigious "design excellence" award trom the International Council of Shopping Centers (ICSC) in 1992. The Comaieaian nosed the importance of the corner at Foothill Boulevard and Bevan Avenue and the requirement that any huilding at this intersection have the same high level of design integrity as the center. The concept of replacing the previously approved two-story buildings with ane- story retail buildings was accepted by the Commission with the understanding that the design quality of the original approvals would not be lost. The developer acknowledged the Conmisaiort•s croncerne and agreed to work diligently to addreea them. The Commission Eound the revised design of auilding Y to be acceptable, but not Building R. The Commission Felt that the Overall building design was too simple and chat it looked like typical in-line retail shops. Exhibits "B" and "I" chow the progression of the design of Building X. The Commission believed that both aides have tried very hard to work together in molding the design of Building X, but the outcome was not successful. The Commission did not approve eui !ding X because the form and the scale of Chia building does not proyida the proper balance with Building Y and the design does not project the architectural signifleance required at thin corner or when rnmpared to the previous design and other buildings in the centsz. The Co~isalon, with a major sty vote, denied the design of Building X. Copies of the August 11, August 25, and October 13, 1993 Commission minutes, slang with the pertinent staff reports, are attached with this repots for the Council teV 18w. Reaps ly a srL tad Bred Buller City Planner Atrachmenta: Bxhibit ^A" - Appeal Leiter from the applicant Bxhibit "B" - Co®Seeion Resolution No. 93-89 Bxhibit ^C" - October 13, August 25, and August 11, 1993 Planning Covmission Minutes exhibit ^D" - October 27, October 13, and August 11, 1993 Planning Commiaelon 9taft Aeports Bxhibit "B" - Location Maps Bxhibit "F" - Previously npproved elevations of Buildings % and Y (1989) Bxhibit "G" - Approved Building Y elevations Exhibit "N" - Proposed Building X elevations dated August 11 and August 25, 1993 6xhibii "I" - Proposed Building X elevations dated October 1], 1993 Bxhibit ^J" - Perspactivn of Building x Resolution of Denial ILA ~~5~~~ ` ~ ~~~ Q~\\\ ~`D Lewis Homes Management Corp. ~~ 1136 NaM Mounuin Avere / P.O. Bo[ 670 / Upletl. CJifamia 91783-06]0 909N93-0771 FAX: 909/91%700 -" ~ :.'~ HA'vCMO CUCAMONGt November 3, 1993 C17V CLERK NOV 0 81993 Ms. Debby Adams City Clerk 171 x191101 li1i11112131115161 The City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucmamonga, CA 91729 Ra: Development Ravier 93-13, 8uldia? 7C Terra vista Torn Csatar Dear Ms. Adams, Attached you will find a letter dated October 28, 1993 from Gail Sanchez of the Ciiy of Rancho Cucamonga by which I was advised that at the Planning Commission meeting of October 27, 1993 the above captioned Application was denied. This denial was in accordance with Planning Commission Resolution 93 - 89, a copy of which is also attached for your use. In accordance with our rights, Wastarn Land Properties hereby appeals Resolution 93 - 89 to the City Council based on Wastarn Land Properties baliat that the decision of the Planning Commission was arbitrary, and exceeded the acopa of their authority. In addition, we believe that the Raaolution of Denial was peeaed by a 3-2 vote and not S-o as shown (which has bean contirmad by Gail 'Sanchez). Additionally enclosed is a check Cor the $126 appeal tea. Plaasa schedule this appeal [or the next ava ilabla City Council maetiny. If you have any questions please call ma at (909) 946- 7802. Sincerely yours, •astara Laad properties, A Calitoraia Liaitsd vartaarsRip ~y~f~},j~` by Laris Hoaas Maaagasaat corp. j'/"Ilu~~ its Oanaral partner ~.{ ~RQ3-~ 3 r _~ by AioAazd A. Magar~, its Ezacutivs Director of Commercial Davalop~aat AESOLUTIOp NO. 93-89 A RESOLOTION OP TFR PLAMtING COMMISSION OP TAE CITY OP R71NCB0 COCAMONOA, CALITOPNIA, DENYING NITHOOT PREJUDICE DEVELOPMENT REVIEN NO. 93-13, THE DESIGN PEVIEN OP ELEVATIONS tOR BUILDING %, A 5,390 9QUAAE t00T RETAIL BUILDING, NITHIN THE TEAAA VISTA TONN CENTER, LOGT%D AT THE NOATHEMT LOANER Ot POOTRILL ROVLEVARD ANO DA'VEN AVENUE IN TIQ CpIdIDpITY COIORACIAL DISTRICT, AND MMING FINDINGS IN SUPPORT THEAEOP - APN, 1077-121-70. A. Racitala. 1. Nubrn Propartiu has filed an application toc tM approval of Davalopmmnt RaviaN No. 93-13 a daaoribad in the tit la of this Ruolution. HaainatUr in this Resolution, the subject Dw.laFpnt Review raquut L raterad tc as •tha application." 2• On Auquat 11, Auquet 29, October 13, and October 27, 1993, tM Planning Ceoaiuion of tM Cicy of RaneM Cucaaonga eonlucted • saetinq on tM application and conclude0 .aid mntinq on that data. 3. All legal prarequiaitaa prior to the adoption of tAia Maolution have occurred. B. Maolution. NON, TNEREtOAE, it 1. hereby Lound, determined, and resolved by tAe Planning Commission of the City of Mncho Cucamonga as tolloin: 1. Shia Caemiuion hereby epeci[ically [ands that all o[ tM tarts of Porch in the Recitals, ParC A, of chi. Reaolut ion era tram and corraca. 2. cued upon eubatantisl avidenes prenntad to this Comiaaian Ourinq iM thous-referenced gratings on August 12, Auquat 29, xtobec 13, and October 27, 1993, including written and oral attft Nporta, Chia Caapliu ion hereby epac ifiully finds a Lollowa: a. Tha application tpplias to property idancitiad p Pada % and Y, loused at thm northNat Berner of Iooth111 Eoulwtrd and Rtven Avanua and la pzasenely improved with landwapa and hardteagl and b. TM proparttaa to tM north and us! of CM suDiaet ales an dweloped with • .hopping eanus, eha property to CM south i^ developed with an ottiw park, tnd tM property to the Naat i^ davalapad Nith • aired-uq businns pack? and c. Buildings % and Y era part of tM Tatra Vlala Town linter and wra approval a tNO-story o[l iea Duildingai and d. TM applicant raquntad to chenga tM epprovad alwmtiona for Nu ildinga % and Y from • cw-story to a eingla-story building doign, and [ram oftiu to nail uaai and ~~~~ 8, 74 PLIINN ING COMNIgSION RESOLUTION NO. 91-d9 DA 93-13 OBNTaL - NCSSEAN PROPERTIES October 27, 1993 Pegs 2 •. TM Cgemiuion sUtad that tM northeat carnet o! Foothill Boulevard and Ntvan avanus L vary importan[ and that the arehLteetura should be of •igni[ieaner, an0 f. TM cammiuion initially nviawad tM nor elevations at tM meting on august 11, 1993, and the applicant agreed wish CM co®LUlon that additional exhiDib ware necesary to Dotter depict and addrau tM concern/ raiud by iM Commiaelon. TM Commiuion did not rind the two Dl ildinga, u presmtad, conelatant with iM stendatd set with the original project approval for tMe two building pads. At that ilea, the Comaiuion directed the applicant to revive CM tvo •Lngla story 6uildinga rite a des igtt tDat 14tcho tM ^ama Uval of sophistlcaticn as !M approved •lavationu and q. at CM mast ing on august 25r 1993, the Commiulon found iM revised •lsvatlons of Building Y to ba acceptable but delesminad that Bulldinq t wu not. The commie ion approved Buildi~q Y ritD tM condition that Bu ildinq Y b• subject to lurtbr Cawmiuion caviar/ and h. At tM seseinq on OctoWr 13r 1993, the CosL/LOn dalLbaratad on the Uew of rhetMr Nildinq t mNb tM des iqn etandarde of iha ranter. TM CoawUSion agceed tMt tM applieet Dad triad to addrae deign eoncerne 6y addl'p storettont glue and arehiteMUral dataiL to tM huildinq Dut tM Kfa~t we net suceeaful. TM najoritY of iM Cae•Lesion deurmined chat the proposed scale of Buildieq 2 Qwa not provide compatLbillty to Bulldinq Y and tDe deign dose not haw CM level of archltactural ere4lenee required !ot • Duildinq at NU lnterwetiOn. Tha Commiuion, with • majority vote, directed staff to prepare a Mwl~tion of Denial toz iMir atloptlon at eha mMeinq on October 27, 1993. 3. Bead upon !M subetantlQ widenee preantad to thir Co®liee ion during tM above-referenced meeting and upon tM epwitic tindinga of tact• qt forth in paragraph 1 and 2 above, this Cosniuion Mreby rinds and conclude a followu a. TDat the proposed projeM le eoneisunt witD tM objective of CM 6eneeal plan; and b. That the propoaW project L Ln accord vi[h the objective of the Tera VLN Planned Community and tM purpoee of tM dietriee in rD1ch the •iq Le located; uW c. Thee tM archiueture of Bulldinq x ie not coMiatant rlth the archiuetural aeandards satabllehed In tM Terra V1ata Town Gnuz ehrough Conditional Ue Permit 08-12. •. Beeed upon !M findings and eonaleioM e! forth ~n paragraphs 1, 2, and 3 above, thU Caemleion Meeby dense the appl last ion without pnjudiee. ~ctf~giT t3Z PLANNING COMMISSION AESOLVTZON NO. 9:-39 DR 93-33 DENIAL - NtSTERN PROPERTIES October 77, 1993 Page 3 5. Tha Sa<ratary to this Ctmiaaion shall certify to tAa adoption o! thin Raaelution. APPAOV[0 AND ADDPTW TSIS 77TH DAY OP OCTOaER 1993. PLANNING COMHLSEION OT THE CITY oy IUHICHO COCAMONOA BY I, Srad 6ul lar, 4acratary of tM Pla»elaq Caa~lulOn o! tM Clty o! Rancho L1carorpa, do Mraby earthy that eM teeagoislq Mablutioa ru duly and regularly lnereduead, passed, sad adopted by eM plaRaiaq Ceaaalaalon of eM Clty o[ Rancho Cueaeonga, ae • regular aretlnq of tM plaanLM) Coa~iulon Mld en tM 37th day o[ Occober 1993, bS tM fo3lwinq votrtOwlts AYES: CONNI35IOIRM: CNITIEA, NCNIEL, NII.CBER NOES: CONHIlSIONEASt TOLSTDY, VALLETTE RESENT: C0191ISSIOIRMs NONE ~kh81T B3 76 CITY OF RANCHO CUCANONGA PLANNING COMNIS SIGN NINVTLS Adj outned Noeting October 13, 1993 Chairman NeNiol called rho Adjourned Naotinq of the City of Rancho Cucamonga Planning coomiuior. to order at 9:00 p. m. Tho mooting was held in tM Rains Room at Rancho Cucamonga Civle Cantor, 10500 Civic GnGt griw, Rancho Cucamonga, G1Lfarnia. COlOII SSIONERS: pRBSENT: Suzanne Chitin, Larry NcNUl, .john NalCher, Peres Tolatoy, Nondy Valletta ABSBNT: Nono STAFP PRBSBNT: Brad Bulllr, City Plannert Nancy Ponq, senior Planner NLM BVSItRBS A. °•9PlRNT R_~/IXM 9?-13 - NBST!0.:! pROP~!±'IBB - TM dHlgn tevLew of elevations for Building % within the Terra Vleta Town Grater, located ac the northeast corner of Foothill Boulevard and seven Avenue - APN: 1077-421-70. Nancy Ponq, senior PLnner, prepnted tM craft report. Nike Lulsy, Nelurn Propert ice, referenced wveral itwe on the septaeber 21, 1993, letter to the applicant. staff reminded tM applicant tnat CM purpose o[ tM worbhop wu to review tM rev Lad •levat fora of Buildlnq X. Tom Bond, Archttect• Pacifica, arenlteet for Neetern PropertLe, described cne improvwnu M Aad node to tuildln9 X. commies loners Chltiu and WSlstb teased that tMy concurred Wien cne rerommendatlene a outlined in tM staff report. Cammlu loner INlcher stated M did not find Chat tM dtllgn of Buildlnq % matched CM scale and e.cellence of tM rntin Center. Comnlu loner ValUtte and CAit Lea rwrlud they Md uleed the same concerns at previoaa workshops. coam/u loner ToUtoy espnued dleappolnwnG with tM building dealgn. Nike LaeLy Lndleatsd • will ingnus to charge eons o[ tM detail •lwnc• co pre-cut conereN. ~jct~BR C I 77 Taw Bond /xplainad that tM Miu ion aryl/ of acehitrctvc/ Lnelud/a CM ua/ of eontrutinq th/ ^impla with tM wry detailed /lawnu. chairmen McNi/1 felt coat cha deign for !M hulldinq /hould br given <hr aam/ •ttrntion a eh/ mttanee to • vrry important building or e/nerr. Caoainion/r Na1cMr atat/d that Building X appeazr to M • mid it whm compuad to the rqt qt tM c/nter Wcaua/ it i/ thr only •ingla-BOry building that ha/ • gabU roof, /xppt tcs om tMat/r and Nontgam/ry Nard/ which ar/ major anchor/. Tam Bond /xplaihW thae !M building acaL taleta/ !o the pM//trian halght yet it ie at 111 a vary tall onratory building. Th/ Ccab~iuion agra/d that thr applican! had trial to addt/u CM d/aLgn contrxna with additional dor/lront glee and +rahitretural d/tail/ but tM outcaau wu not wec/a/ful. Camoiu ion/n vallatL and ToLtoy bali/vad ttut Nulldlnq Y, a propoaW, could ba turth/r improved with ehangln9 tM na// and acala o! tM buildlnq Ln order to or/t tM archiGCturel rtandarda of tM caMar. Cammi//ionar/ Ma1cMs and Chltlu and Cheirwan McNLI tLLt CMt cM /aal/ of Building X do// not psovida toz cawpatibllity wieh Euildinq Y and tM dblga do// not have the aaw/ 1/wl of arehitaetuzal /xgll/nea as in the rant o! tM c/ntrr. MOTIONS Mpvad by Ma1cMr, aaeondW b3f Chltlu, to d/nY eM dw/1gn of 9ui1d1nq X and dlract rtatt to ps/par/ a Raaolutloh o! Denial for adopt Lon at tM m/+tlnq on Octop/r 77, 1993, u a Convene Calendar Stew. lotion earri/d by tM follow inq vote: 1\YE9s CbIQ1IS9IOIRA9t CHITSiA, MCNItL, MHLClRR NOHSi COMMI99IgIt11S~ TOL9TOY, VAGLtTTf ]1BS9NTa COIQ1I9aIgR1193 NOIIL -earlimd camroiuion/; gallatta atatad chat aM vocal no beeaua/ aM wu aeill wLL11nq to work wieh the applicant to addena tM eone/rna. . . Th/ m//tinq ad~ournad at 1Ot 00 p.s. a/.p/acmlly .wbwittad, ~~ Brad Nul ar ~}!(~~./ 6arratary ~T13V/ l c .Z. pC r•djourn/d Minutaa -3- Oetob/r 1J, I993 78 CITY OF RANCRO CUCAMONGA PLANNING COMMISSION MINUTES Adjour Md MBK Lnq Auguft 75, 1993 Chairman McN iel called the Adjourned Meeting of the City of Rancho Cucamonga Planning Commies ion to order at 10:70 p.m. The meat inq waf heltl in the Aaina Room at Rancho Cucamonga Civic Censer, 10500 Civic Center Orive, Ranch0 Cucamonga, California. ROLL CALL COMMISSIONERS: PRESENT: Larry McKie 1, .lobo Melchor, Pater Tolatoy, Nendy Valletta ABSENT: Suranne ChitiM STAFF PRESENT: Brad culler, City Planner: Nancy Ponq, Senio[ PLannK A. °"'+'!^awsNT 2PVIEM 93-13 N[STLRN PROPaRTT{S - TM de^iqn teV1W of •levatiom for euilding• % and G within tM Terra viet• Town Conte[, locaud at [he norehaaeC corner of Fooehill Boulevard and Maven Avenue - APN: 1077-x21-70. Nancy Fonq, Senioz Planner, Druentad the stcft report. tom eond, Archiucte Pacifica, architect [or NetUrn P[apart LSS, ducr lbed to the Commie ion tM changes he hatl made to bu ilding• % and Y. Commise ioner Valletta stated Chat both Du lldinga need to haw add it tonal srch itsctu rat embe lliahment• each n atone treatment around arc Me, wintlows, et<., •Lmilae co the approved •levatione. cammiu ioner Tolatoy remarked that the weal Qwac ion of Du ildinq X st 111 locked like eM back aide o[ • build inq. Commissioner Melchor felt Lhtt ehi• weal •Uvat ion was acppcaD la. chairman McNial agreed wish Cammiu loner To letoy'• conaaent on eM wet •levft ion. Commie ioner Melchor quptigned what Mr cM proposed locai ion of the trash ant loaare area La appropriate so close to Footh111 Boulevard. Mika Laalay, Neatarn Proparcio, •tatad cM loeaClona i^ shown on the ongrnal approved plena. ~rm6~r Gs Caemiss sonar Tolstoy aeksd Lf tM parksng next to the trash enclosure will be for loading and unloading. Mike Laa ley indicated that they can stripe the patklnq spaces next to the trash enclosure area a• a loatl ing apace. Brad Bu llsr, Ciiy Planner, euggastatl the Commission make a decision on 8uildinq• % and Y. Re suggested <he Commiu icn could come to a conunsu• to approve Building z and to bring Building x back for another workshop. Be pointed oui that the Coum:ission ehoultl provitle dinetion to sta[f and the applicant regarding whether the proposed sign beat ion for Leaps and Bounds at Gne south elevation of building Y i• acceptable. Be observed tea approved •iqn program allows tM ugn to be locatad at ens feria instead of the parapet wall. The eonunsu• of the Commie ion was that the •Lvat lon for Building Y i• accepuele. Tne maj of sty of the Cammiuion Nlt that the •isvacion for 8uildinq X nwtla improvement. Moliort: Roved by Releher, seconded by yel Utte, carried 1-D-1 with Chltiea absent, to approve Ue rwised •Uvatlona of 8uildinq Y1 to dlreCt tM applicant to revlu and resubmit Bulldlnq % [or Coanlnion review at a [uture workshops to find the •lqn beat ion on the paragt wall of the mouth •levaelon of Bulldlnq Y acceptable, w long a therm L only one tanant, howewe, •iqn placement to revert to tM facie (lower •iqn bend area) eondabnt with CM approved •iqn program wMn two or more tenanta occupy CM Du Lldingl and to provide Lost •11 secondary iuuu identified in the Buqust 11, 1993, staff report be approved by CM City Planner. The meeting adjourned at 11:45 p.m. /R/e~~s~~p)/ectfully ^ubmitted, Brad Buller Secretary ~~blr c~ PC Adjourned Reettnq Mlnucu -2- August ~5, 1991 W CITY OF RANCHO CVCAHONGA PLANNING CUNMISSION MINUTES Adjourned MeK ing August 11, 1993 Chairman HcN iel called the Adjourned Heating of the city of Aancho Cucamonga Planning Commission to order at 8:00 p.m. The meeting wns ha ld in the Aaine Room at Aaneho Cucamonga Civi< linter, 10500 Civic Cantor Driw, Rancho Cucamonga, Cal ifornie. COHMIBSIONERS: PRESENT: Surann• Ch idea, Larry NeNie 1, Bohn Mal char, Pater ToLtoy, Wendy vallatG ABSENT: Nona STAFF PA65ENT: BraO Buller, City Planner: Dan COL•man, Principal P lanner7 Nancy Fonq, Senior Planner: Dan dames, senior Civil EnginHr7 stove Rofe, Au leCant Planner . ~ . . t[,F-N BVSINEEB A. 0 OPMENT REVIEN 93 11 WESTE N PROPER ZEB - Tha design review of elevations tot Bu ildings X and Y within cha Tetra Viets Town Center, locoed at the nortMUt corner of Focchill Boulevard and Haven Avenue - APN: 1077-427-70. Nancy Fonq, Senior Planner, presented tM eta[t report. Richard Mager, MpGtn PzoperC iea, Lntcoduced tNlr team to the Commiq ions[.. Ne seated enere is no Coreueabla profpecc tot bank or ottie• war in Buildings % and Y. He said they new dac ided to qo with recall uses. Brlm KOjoa, the Seaubach Company, explained the onncapC of Leaps and Bounds ae en indoor [amily play Deno[ gored towed children up to 9 yearn old. Hr. Mager stagd that Lupe and Bounds is ditterenC from hndaral! 1n that eM Parente new to stay in the building with the children. Bred Buller, Cley PLanner, reminded ens Commiaeionara that ens focus o! tonight's workshop was to tw iew the deaign for the two 6u ildinga. Chalrmrn McNlel commanded eM aupacb deaign o[ the caner. Hr le It Chat the pcopoeed alavat ion[ for Buildinge X and Y tall shore o[ the du iqn sxcallmea- He ehougnc the do iqn of tM two bu ild Inge i• cot almpla and looks like <ypiul in-lire. retell anops. He commented chat ens corner is vacy important and tM arch iteccura thou ld be o[ eignlticanca. ,~x~1b1T G5" si Comminiomra Chitin and Melchor expraaud ccncerne vetch the reduced view COYt idOr iota the Cantor. Tom Bond, architects Pacifica, atchittet for Nsstern Properties, stated that it is unrealiat lc to expect a wide view corridor Lnto Ghe cantor. Ha explained the function and tlee Lgn of the two buildings. Commie toner Me1cMr remarked that dsspiN what dr Luca the architeetu re, the des iqn of eha building •hou Ltl not W compromLed. Ha thought the two buildinge at this corner should have architectural trutment that project them u tM crown jewel of the cent C. Mc. Mager interjecdd that beeauw of economic conditions, It is not financially Las ibl• to Duild two-story office buildings. He diteloeed Ghat tN rent hu dropped from to 52.00 to 51.50 per square foot. CommiN toner Nalcher responded the! Ae is not uneympathatlc to make! •ituat ions; hawwer, he Celt this type of use may not W appropriat at thi• corner. Mr. Mager telt ihia type of uu woultl bring petlestrian aetlvitin into tM plate area. Commies toner vallstu auggested Lhat the Dox-1LM design of Building Y h-ve Dare movement. Gary Bakst, B5w Inernat tonal, architeee repreeentinq Leaps and Bounds replied that the [loot plan unnoc W modlt Led becwa it is tied to the function of the plan. Mr. Bul Ur suggeatd Che Comminlon drat detrmine if one-story buildings ace acuptabla. Xe cold !f the Commission felt one-KOey buildings are acgptable, it could cMn move on to Drovide dLcection !o the applicant for addnulnq the other archltctural design element of tM buildings. commissioner val Uet remarked the one-story i• not too overpowering and may allow mare vieibllity lntb the center. Xowwr, aM tQt the design needs to capture the same sophLStieatW design as shown in the approved elwae ions. Commlu toner ToLtoy agreed one-story is acceptable; however, M felt cne du iqn is too ditArane teem cne original boneept and lacking In arehLtceural excellence. He sxpnued hie concern with orient inq the back •ide of one of the buildings to [acs Hewn avenue. commie Loner Melchor agreed one-story build Loge would be accaptbla bur he felt the propopd uahitactun 1e poor. CammUalonet Chittu stated aM would accept one-Rory buildLnq• with qutl icy design. cMirman McNiel added thae he would accept ^1ngU story only it the bu /ld inq• are designed a the jewel Of the banter. PC adjourned Minut• Z ~~e~t 1~1~ TM Commie ion directed the applicant to forwartl revised des igns to staff by August 13 in order to scMdul• a workshop following the regular Commie ion meeting of August 23, 1993. B- DESIGN REVIEW FOR TMCT 13316 - L. D. RING - The cev iew of alternat LVe grading schemes for complianu with the Hillside Development Ordinance !or e recorded tract map consisting of 123 lots on 84 acres of lend in the Very Low Residential District (less than 2 dwelling uniCa per acre), located on the •ast •ide of Ateh iDald Avenue, norm of Cazrari Street - APN: 210-071-14, 37, and 45. Brad Bul Ur, City Planner, gave a brief Lntroduct icn to the project and stated the purpose of the workshop. Steve Rou, Asa ietant Planner, gave a pruentatlon deecriD Lnq tM lOCetlon of tM •ite and the prof ect'• background and 1CS relatiomhlp to tN Nill Bide Development Ortlinana. He stated CM purpou of tM workshop was to determine to what extent the Commission expects the applicant Co comply with tM Hillside Owelopment Ordinance. Ne uid specifically tM Commioion'• purpoN was to review the propoud grading altetnativee and glue the applicant a direction to proceed ulth the application. Commie loner Tolstoy celated that a peach orchard had previously bpn located at the site. David Buxbaum, represent inq Chino va1Ly Bank, stated the project was acquired ChrougD foreclosure Dy the bank. Xe uid the Dank'• goal la to develop the trace eo that i[ can be sold to a budder. Xe LndicaGd the bank w111 install tM storm duln system, moo grade the site, antl loofa ll tM etteeta and related infrastructure. carla Berard, repreunt inq L. D. Ring, described the alternative grading concepts that were before tM Commie ion for review. Commie inner Valletta said she worried Ghat tM loG would W sold to Lndivldual buyers for eDe eonstrvetion of euataa Domes. SM felt mere should De some architectural conformity. Mr. BuxDaws eeaew CM Dank Md fLled a letter with the City tnglnar etabd Lc did not intend to Aaw eM project built with custom Domes, Dut waned to call she whole project to a developer. Mr. Buller crated the bank could sell the project to • Dullder with the nqulrement that certain arcD itectural criurL W aver relating to • uniform design theme with wre lely Lty to the Xil Lide Ordinance. CommL•loner Xelcher added the bank could have an architect eleab111D a deign envelope Lor CM proapecclve Domes. Xe [alt an areDlGet would also De worth snow ltinq regard inq eM amount of grade ahich could be accommodated in a Douse dealgn. PC Adjourned Minutes -3- Auquat 11, 1997 ,~r~t8rt C 7 ffi CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 27, 1993 Tn: Chairman find Members of the Planning Commisa ion FROM; era3 Buller, City Planner BY: Nancy Fong, AICP, Senior Planner SUBJECT: DEVEIAPMENT REVIEW 93-13 - WESTEAH PROPERTIES - The deaf qn review of elevations for Building X within the Terra Vista Town Center, located at the northeast corner of Fao [hill Boulevard and Haven Avenue - APN: 1077-421-70. BAC%fiROUND: At the meeting on October 13, 1993, the Commies ion nevi eyed the revised elevations of Building % and deliberated on the issue of whether the building met the design standards of the center. The Commission agreed that the applicant had tried to address their desi 4n concerns by adding storefront gla9s and architectural details to the 6ui lding but the effect was not auceeasful. The majority of the Commission determined that tha proposed acs le and design of Building X did not provide compatibility to Building Y, nor did it have the same level of architectural excellence required for this center and specifically the building9 at this intersection. The Co®iesion, with a majority vote, directed staff to prepare a Resolution of Denial for adoption at the meeting on October 27, 1993. RECOMMENDATION: Staff recommends that the Commission review the attached Resolution of Denial. If the Comaisaion concurs with it, adoption of the resolution would 6e appropriate. Resp lly red, B[a ullez City Planner BB :NF/jEa Atta~hmenta: Draft Planning Commission Minutes doted October 13, 1993 Planning Commission Staff Report dated October 13, 1997 Planning Commies lon Minutes dated August 25, 1997 Exhibit "A^ - Building Elevations Resolution of Denial ~~~~ ~'I ~t CITY" OF RANCHO CUCAMONGA STAFF REPORT DATE: October 13, 1993 1'0: Chairman and Members of the Planning Ccamission FROM: Brad Huller, City Planner BY: Nancy Fonq, AICP, Senior Planner Ss- - yj . SUBJECT: DEVELOPMENT REVIEW 93-13 - WESTERN PROP ERT SES - The design review of elevations for eui lding X within the Terra Vista Town Center, located at the northeast corner of Foothill Hou levard and Haven Avenue - APN: 10'17-421-70. BACKGROUND: On August 25, 1993, the Planning Co®isaion reviewed the revised elevations Eor Buildings X and Y• The Commission found Building Y acceptable but felt Bui Lding X needed refinement. The Co®lsaion then approved Bul lding Y with the condition that Building X be subject to further review. Attached for the Commission's reference are copies of the approval letter with the cronditions of approval for Development Rev iaw 93-13 and the dra Et minutes of the meeting for August 25, 1993. The applicant hag ref ine3 the elevations of Building % by adding plaster trim with scored lines to resemble pre-cast concrete trim around the arches at the north and south sides of the building. Two smaller pre-ca at concrete medallions were added Go the north elevation. STAFF COMMHNTS: Staff reviewed the revised elevations and determined that the applicant has improved them per the Commission's di rection• However, staff feels that the elevations can be further enhanced by the follow ins treatment: 1. The proposed plaster trim with scored Lines around the arches at the north and south elevat inns should be changed to pre-cast concrete material. 2• Pre-cast concrete tzim should be ndded to the east and west sides of the south gable entry. 3. Pre-cast concrete trim shoo ld be added to the arch at the east elevation. RECOMMENDAT ZON: Staff recommends Ghat the Commission review the revised elevation. If the Co®isaion finds it to be acceptable and concurs with staff's reconmandat ion, then approval of Building X through minute action woo :d be appropriate. Planner BB:NF/jfs Attachments: Planning Commission Minutes dated August 25, 1997 Approval Letter dated September 21, 1993 ~x~e~t aJ CITY OF RANCHO CUCAMONGA MEMORANDUM _-}' DATE: Au st 11, 1993 ~~a TO ~ hairman and Members of the Planning Commission Buller, City Planner BY: "~ " v Nancy Fong, AiCP, Senior Planner DEVELOPMENT REVIEW 93-13 -Western Properties -The design review of elevations for buildings X and Y within the Terra Vista Town Center, located at the northeast corner of Foothill Boulevard and Haven Avenue - APN: 1077-421-70. A~SlBAGI: The purpose of this workshop is for the Commission to review the new elevations for buildings X and Y. „~{j1; The Commission approved the conceptual elevations for buildings X and Y in December of 1987. To satisty the conditions of approval, the developer had submitted final building design antl architectural details for Commission review. ANer three workshops, the Commission approved the building design on November 76, 7989, as shown in Exhibits A and B. The final design consisted of two story buildings intended for a mix of financial, office and retail uses. Subsequently, the developer had received building permits but did not pursue the construction of the buildings. The developer is interested in reviving this project. Because of today's market conditions, the developer is proposing single story retail buildings instead of two story financial/office buildings. Building X is designed for speculative retail tenants. Building Y is designed for a specific tenant called 'Leaps and Bounds" which is an indoor recreational facility geared towards children of all ages (similar to 'Fundazzle' in Montclair). Representatives from the developer and Leaps and Bounds will be at the meeting to describe this proposed use. STAFF COMMENTS; The Following comments are intended to provide an outline for the Commission discussion. A Maiorr l_W,r~ac, The following broad design issues will be the focus of the Commission discussion for this project: One-story versus two-story. The overall design concern is to ensure that the proposed elevations for buildings X and Y are provided with the same high level of design integrity. Buildings X and Y play a very important role in the function of the comer treatment at Foothill Blvd and Haven Ave. Based on comparing and evaluating the proposed elevations with the approved ones, staff feels that however attractive Ina proposed one-story elevations do not provide the same architectural impact. ~z~B~T B. Secondary ke gee Once the major issues have been addressed, and time permitting, the Commission will discuss the following secondary tlesign issues: 1. Building X. a The west elevation is the back of the building where service entries are to be located. Since this side of the building faces Haven Avenue, wintlows stroukl be provided so that it does not bok like the bads of a building. b. Precast concrete molding should he atlded to frame the gable lowers, the arches and the windows. 2. Building Y. a Precast concrete molding should be adtled !o frame the tower entries and the arches. b. The proposed cobnade at the north elevation places the tower 6 feet from the curb and eliminated 5 tree wells. 3. Site and Landscaping. a Additional tree wells planted with canopy trees should be provided to the courtyard plaza consistent with the approved plans. (5 tree wells were eliminated) b. Additional tree wells and planter areas should be provided to the north and east elevations of building X. c. The existing phone cabinet is in the way of the pedestrian pathways. The northeast corner of buiding X should be stepped badr so that there is room for a raised planter area in front of Me window and landscape area around the phone cabinet cronsistent with the approved plans. d Groups of small canopy trees should be planted within the landscape setback area approximately between the columns of the cobnade abnq the west elevation of building X. However, the placement of trees shoultl take into consideration the location of sgnage. e. Additional tree wells should be provided along the northern crobnade of building Y. f. A continuous 6 fool wide minimum landscape area should be provided along the east side of building V. The proposed vine pockets in front of the columns are inadequate. g. Groups of small canopy Trees shout0 be planted within the landscape setback area appraximatery between the columns of the cobnade al the south elevation of building Y. BECK: Staff recommends That the developer revise the devebpment plans Io address the identilied Issues and resubmit for further Commission review. Attachments: Proposed elevations Exhibit A -Approved Building X elevations Exhibit B -Approved Building Y elevations Exhibit C ~ Comparison of approved buiMing pads with proposed ones ~xrne-r,~¢ _ T - ~'R~~V'~'-- _. _ 10~-~ I Si ~~\ ~f i j, ..~ Q ~.~ .' _ ~' J• /~~ II~I'j' O ~,n ~l // )VI 4S p.~_.~ \Ytll --- ~, . ..~~ ~ ~ 4 -- ~ - ~ .- ~ ~ N y, u u~ o n~- --~, M ' (~.O~J~ Y ~ O ~ ~ J~/ `~~ `Vl) a'(i --~-~' z a ~ ~ ~ ~ ~~I ~' ;.. ~ ~..~ .. _~ ~- -.3 ~~~ 999\ 1 / gb 4, _~p ae: ~, 4 ~:H _ ~ s -',-L 4'~ v. .~ k ~ '~ .O -. .f ~; ~k e fiy .~ -x s n: 3 (1 N 3 A V N 3 ~ V H a m . o.n. r N W ,~ ~_ \\~\~ W~ s~ =g ~~. \l ~, ~' . :ti ~ ~ `iJ Q ,, NOR 7 H E L E V A T I O N ~:,~s ~i P~93--i3 2oJED ~~~ 90 0-~- 0~- O- - p--- ~--- ~- ~--- w o- x n ~nr 'i~ ~~~ 91 o- U +o ~ F- Q- ~'n ~~ 92 v o~- v u~` s n ~~ M~ o~ m ~~ 0 M r W J W F N w v- ~1 1 T ~( ~ (~ 94 ~~ O- C 4 C w Z 0 W J W m o- 2~ S ~ F 7 1 O 111 8 ~a T¢ .~ ~Y .s 5~ v_y vl ~• W 6 e :'4 :d i e 2 O r J m 3 !~ ;~ ~~ Y i Z o m 2 9 (~(y~ `V 1 ~_ QM H +~+ ~s1" ~i,~ilq?rant 7,t2R3-~ 3 ~x~rer'f C7 - a g~~c-~,nt~, Y ~~JKa ~[.~ t1A7~ o Ais 97 W65r ~'algT~aJ is m ButLO[NC ^x° ~' • - - .,. ~„ E 351, I ~~i ~~ P~ ~ ~~ B BUILB[ SOUTH ELEVATION ~C _ v m v BU(Lb ING ^%" ~ NOI~TtI E(.C-JA-f~onl S~2Q3- 13 ~Xffll3~ N - ~ ~, f3Lf1C-D~IJ~~ ~C PRopoSeD ~(,E~N'~~cAJS 7hT~ B-+I-93 AND $'-x'93 9~6 WEST ELEVATION n1~93-- 3 ~irth6JT ~}-2 P.,~-cn1~J~ X PRof~Ls~ FcEUeI-rrc+as y~i~~ 6-f1-43 M~-ri ~'-2S%'-3 99 EAbr Et,Fa,M~TiOIJ .-• BU tLD[NG "X.. ~'°° ..,. ... ~.~......_ ~ 'a'in'Tia ~~' ^iia r• ~ r~x 0 v r ~ 9 ~"",~ BU [LOI NG "X" ^~n W ~R3-~3 ~o~ ~ ~ V/C.7tONS ~~ tp.r3.99 10(} DR `1.3 `-3 „m.~, . ~.,~ ~-.z StJlt-arn~fa P~oJ~bsea .E[E~A'rtoAs TI~kT~ 10-13-93 101 ,~ 0 ti ti i o ~ ~~ ~ M ~, yC [Q~ `~ ~~ .,, 102 RESOLVmloN No. ~ - ~ O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DENIAL OF DEVELOPMENT REVIEW NO. 93-13, THE DESIGN REVIEW OF ELEVATIONS POR BUILDING X, A 5,.350 S¢UARE FOOT RETAIL BUILDING WITHIN TERRA VISTA TOWN CENTER, LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND HAVEN AVENVE IN THE COMMUNITY COMMERCIAL DISTRICT, AND MAEING FI ND INGE IN SllPPORT THEREOF - APN: +077 -421-70. A. Recitals (i) Western Properties has fSled an application for tho approval of Development Review No. 93-13 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review regaest is referred to as "the application." (ii) On the August. 11, Augus[ 25, October 13, October 27, 1993, the Planning Cosuol6aion of the City of Rancho Cucamonga conducted duly noticed public hearings on the application and following the conclusion of said public hearings, adopted Resolution No. 93-B9 thereby denying sold application. (iii) The decision represented by said Planning Comma asion Reao lotion was timely appealed to this Couneil. (ivl On December 1, 1993, the City Council of the City of Rancho Cucamonga conducted a public hearing on the application end concluded said hearing on that date. (v) All legal prerequls itee prior to the adoption of this Recto lot ion have occurred. B. Resolution NOW, THEREFORE, it Ss hereby found, determined, and resolved by the City Cowcil of the Clty of Fencho Cucamonga es follows: 1. This Council hereby specifically finds that ell of the Eacte set forth in the Recitals, Part A, of this Reso lot ion are true end correct. 2. Based upon substantial evidence presented during the above referenced December 7, 1993 hearing, including written and oral staff reports, the mi notes of the above-referenced Planning Commission meetings, and the contents of Planning Commies ion Resolution No. 93-E9, this Council hereby epeciflcally finds act follove: 1^' CITY COUNCIL RBBOLUTION NO. DR 93-13 December 1, 1993 ?age 2 a. The application applies to property identified as Pade X and Y, located at the northeast corner of Foothill Boulevard and Raven Avenue and is presently improved with landscape and handscape; and b. The property to the north and east of the subject site is developed with a shopping center, the property to the south is developed with an office park, and the property to the west ie developed with a mixed-use business park; and c. Bull dings X and Y are part of the Terra Vie to Town Center and were approved as two-story office buildings; and d. The applicant requested to change the approved elevations for Boil dings X and Y from a two-story to a single-story design and from office to retail use; dnd e. The city council agrees with the Planning Comalseion Ghat the northeast corner of Foothill Boulevard and Haven Avenue is very important and that the architecture should be of efgnif icance; and f. The city Council finds the design of Building R too simple and that it looked like a typical in-line retail shop building. The Council determined that the form and the scale of the building does not provide the proper balance with Building Y and the design dose not project the archita cturnl aignif icance required at this corner of Foothill Boulevard and Haven Avenue or when compered to the previous design and other Duildinge in the center. 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in parngrapha 1 and 2 above, this Council hereby finds and conc lodes as follows: a. 4'hat the proposed project Ss coneietent with the object S~e~ of the General plan; and b. That the proposed use is Sn accord with the objectives of the Development Code and the purposes of the district in which the site is located; and c. That the architecture of Building X ie not coneietent with the architectural standards eetebliehsd in the Terra Vista Town Center through Condit ionnl Uae Permit 88-12. 4. The City Council of the City of Poncho Cucamonga hereby denies the application. 104 CITY COUNCIL RESOLUTION NO. UR 93-13 Dececber 1, 1993 Page 3 5. This Council hereby provides notice to Rick Mager of Western Propezties thaC the time within which judicial review of the decision represented by this Resolution moat be sought in is governed by the provieicns of California Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (al certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, ieturn-re ce ipt reques tad, to Rick Me gar of western Props rites at the address identified in City records. 7. The City Clerk shall certify to the adoption of this Resolution. 105 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 1,1993 TO: Mayor and Members of the City Co cil FROM: Jack lam, AICP, City Manager r SUBJECT: TRANSIDONO LIBRARY SERVICES TO THE CITY Introduction For manv years, the City has wanted a locally operated municipal library. In 1987, the City created a design plan for Central Park which included plans fnr a future, permanent 100,(100 squam foot library facility as a cornerstone for the future park. In 1997, the City organized a Citizen's Task Force whose mission was to identify the priorities of library- services for our City, as well as fadlities that would be needed to meet the ultimate needs of the community, The current library has a collection size of 50,000 volumes housed in a l0,fN10 square foot facility. Roth the facility and collection fall far below any accepted standards of library service for a community of our size. A library is vital to the cultural and educational needs of our rommunity. While the City recognizes the need fnr greater library services, it also recognizes the cuttent era of diminishing financial resources make the dream of the permanent Central Park Library a much longer range goal. A building block approach would have to be taken if this ultimate goal were to ever M achieved. The Library Master Plan was adopted by the City Council nn September 2, 1992, and its first recommendation was withdrawal from the County library system. The opportunity presented itself earlier in the year when Supervisor Jon Mikels announced that he would help with this effort. The City negotiated with the County and mashed agreement in November nn a plan that would enable moving forward wish the technical process of withdrawal by the end of 1993. With the agreement negotiated, a strategy can tk put into action that could result in City operated library servims as early as September, 1994. Anal si Under the agreement with the County, the County will continue to provide library services in the current facility con Base Line Rnad. In September of 1994, the City plans to open the doors to a new interim library facility located at 73(x8 Archibald Avenue (south of Base 6ine Road on the west side of Archibald). The Redevelopment Agency will utilize its remaining bond funds that are specifically earmarked for the library to provide the interim facility, which will be approximately 22,500 sgvam feet, the basic essential furniture, fixtures, and equipment (FF&E), and a new collection of 70,000 volumes. This new collection will be 40% larger than the cuttent one and should expand dreulalion drrmalically. Fund raising efforts can be expected to expand the collection, as well as help acquire other equipment, to enhance the operations. The library will participate in regional cooperative programs, including the County's. Operational revenues, approximately $985,(10(1 will come from the County Library Tax that is currently received by the County fnr library purposes. These taxes are already paid by our residents and these revenues will be Irans(crrN from the County to the City for library purposes. These revenues, while modest, will enable the City to operate an interim facility smaller than the planned permanent library, but twice the size of the existing facility. The County will retain an annual 5100,000 transition payment for five years, an annual $50,000 transition payment for another five years alter such 1os Transition of County Library Services to the City TJecember t, 1993 Page 2 transition payment will cease. Barring any addilioral property fax takeaways by the State next year, the City anticipates opening its new interim facility in September of 1994 with hours of operafion similar to those currently existing, and with a balanced budgM. The County library system will retain all of the existing library materials, except those that have been specifically donated to the City for use in the County library. The City will receive ownership of the current 10,800 square foot facility, which will be used for park and recreation purposes, to provide additional needed programming space for the City's recreaton programs. The City already has a recreation programming demand that far outstrips the available space today. Phis facility will enable the City to expand the recreational opportunities in the community through its self-sustaining fee based programs. This rare opportunity to transition into a City library operation cannot be accomplished without the help and cooperation of the County. The resultant program will have many benefits for our City, not the least of which will be to provide a larger cultural resource for our community. The transition will: • Provide greater local determinafion over how our library services are to be operated. • Regain the local tax dollars that our residents currently pay and enable lfie City to better leverage these funds for the benefit of our local library program. • Enable the Cily to increase the size of the library collections end expand circulation and servim to the community. • Put the library fn a better position to attract greater local support through corporate and citizen donations, as well as volunteer efforts in the community. • Gain needed recreation programming space to benefit the park and recreational programs in the community. • Provide a new interim building that will become an appreciating finandal asset for the future. • More importantly, this interim library will serve as a building block to help the City toward achieving its ultimate goal of a permanent main library some day. This window ofopportunity may not present itself again. Recommended Actions The following series of actions are necessary to accomplish the transition of library services: eex v to Take Action Required AcOon A. City Council Approves end executes agreement between the City of Rancho Cucamonga and County of San Berrardino for withdrawal from the San Bernardino County Library System. htem F3-A) lv1 Transition of County Library Services to the City December ],1993 Page 3 B. City Council Approves Joint Resolution between Cify and County agreement to the negotiated exchange of property tax revenues, l Item F3- B) C. City Council Conduct public hearing to approve Resolution of InMntion to Withdraw from the San Bernardino County Library System. (item F3•Cl D. City Council & RDA Approve Resolution making findings regarding the proposed interim library facility and its benefit to the Redevelopment Project Area. The Council and Agenty jointly approve acquisition of interim library site and facility located at 7368 Archibald Avenue. R1em F3•D) E. RDA Approve contract with Pitassf Dalmau for architectural services in connection with improvements for the proposed interim library facility. (Item F3-E) F. RDA Approve contract with City of Yorba Linda for professional library consulting services of Carol Ann Tasios, City Library Director. (Item F3-Fl G. City Council Approve interim budget for library services for Fl' 1993/94. (Item F3-G) H. City Council Apprnve classifications for library personnel. (item F3•H) Attached is a schedule of milestones necessary for the opening of municipal library services by September 1,1994. JL/dja Attachment 108 SCHEDULE OF MILESTONES NECESSARY FOR THE OPENING OF MUNICIPAL LIBRARY SERVICES BY SEPTEMBER 1994 1993 November 10 Transmit Public Notice to Daily Bulletin. November 17 & 24 Publish Notice of Intent to Withdraw in newspaper. December 1 • City Council approves Withdrawal Agreement Prom county Library system. December 1 City Council approves Joint Resolution between City and County agreeing to the negotiated exchange of property tax revenues. Becember 1 City Council conducts public hearing to consider Resolution of Intention to Withdraw from County. December 1 City Council 6 RDA approve resolution making findings regarding interim library facility and benefits to Redevelopment Proj act Area. Council and Agency jointly approve acquisition oP interim library site. December 1 RDA approves contract with Pitasei Dalmau for architectural services for interim library facility. December 1 RDA approves contract with City of Yorba Linda for professional library consulting services of Carol Ann Tasioa, Library Director. December 1 City Council approves interim budget for library services for FY 1993/44. December 1 City council approves resolution incorporating personnel classifications for library services positions. December 2 Transmittal of withdrawal resolution to Bonrd of Supervisors, County Asaeseor and 5tnte Board of Equalization. December 7 • Board oP Supervisors adopts Withdrawal Agreement. December - Staff commences evaluation of Library Book end January Materials Collection needs. December - StePf commences evaluation oY Automation and January Technical Services needs. December - SLefY commences evaluation of Furnishings, Fix- January tares and Equipment needs. 1~ SCHEDULE OF MILESTOHB3 MUNICIPAL LIBRARY SERVICES Page 2 1994 February 2 City Council approves Library Book and Materials Collection contracts. February 2 City council approves Automation and Technical Services contracts. February 2 City Council approves Furnishings, Fixtures and Equipment contracts. tfarch City hires Library Manager. March Commence recruitment for two Librarian II and Administrative Secretary positions. May 4 & le City Council ndopta Ordinance eatabliahing Municipal Library and Library Board. May 4 City Council commences application process Por Library Board. June City Council approves Library Services budget for FY 1994/95 in conjunction with City~s annual budget process. July 1 City formally assumes Library Services from county. county agreement allows City to contract with County until R.C. Interim Librnry opens. July 6 City Council appoints Library Board. September City opens and assumes operation of the Rancho Cucamonga Interim Municipal Library. * Subject to County finalizing withdrawal agreement, Approvals may be continued to December 15 meeting, however, County Board approval date may be affected by hol la9aye. 110 r yr uuv~,nv a:tr~;nmvr,~an MEMORANDUM ~.,_ DATE: November 24, 1993 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Debra J. Adams, CMC, City Clerk SUBJECT: COUNCIL ITEM F3-A (LIBRARY WITHDRAWAL AGREEMENT) The Agreement to withdraw from the San Bernardino County Library System is still being completed by the County. We expect to receive it next week and will deliver it to you at that time. /dja 111 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 1, 1993 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Suzanne Ota, Community Services Manager SUBJECT: CONSIDERATION OF A JOINT RESOLUTION AGREEING TO THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RF('OMl~ND7\TION Staff recommends that the City Council adopt a joint resolution agreeing to the negotiated exchange of property tax revenues. ANALYSIS This resolution complies with Section 99 of the Revenue and Taxation Coda and provides for the notification to the County Auditor of the negotiated library property tax revenue adjustments. Respectfully submit 7 ~ ~f~~7,o~i. v,M-(- ~ ~~~~ Ota .p Services Manager 50/kls Attachment 112 RESOLUTZON NO. -~J a~~ JOINT RESOLUTION OF THE BOARD OF SVPERVISORS OF THE COUNTY OF SAN BERNARDINO AND THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AGREEING TO THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES FOR THE TRANSFER OF LIBRARY SERVICE RESPONSIBILITY BETWEEN THE COUNTY AND THE CITY WHEREAS, Section 99 of the Revenue and Taxation Code (added by Stets. 1979, Ch. 252) requires that prior to the effective date of any jurisdictional change, all agencies whose service areas or service rasponsibilitiaa Mould be altered by such change shall determine the amount of property tax revenues to be exchanged between anfl among such affected agencies; and WHEREAS, it is specified that such jurisdictional change shall become affective only after each affactefl county and city agrees by resolution to accept a negotiated exchange of property tax revenues; and WHEREAS, in the avant a jurisdictional change affects the service area or service responsibility oP one or more special districts, the Board of Supervisors for the county in which such districts are located shall negotiate any exchange of property tax revenues on behalf of the districts; and WHEREAS, the adopting agencies shall notify the County Auditor who shall adjust the amount of property tnx revenue determined Por each local agency whose service area or service responsibility would be altered by such jurisdictional change. NOW, THEREFORE, HE IT RESOLVED, DETERMINED AND ORDERED ae fO110We7 1~ JOINT RESOLUTION Page 2 (1) For territory within the corporate limits for the City of Rancho Cucamonga, the County Library System's share of property tax revenue shall be permanently transferred to the City; this amount shall be equal to one hundred (1DOY) percent of the amount of property tax revenue allocated to County Library System from the City commencing during the fiscal year the jurisdictional change becomes effective. (2) For all territory subsequently annexed to the City, the total amount one hundred (100f) percent of the property taxes allocated to County Library 5yatem from the annexation area during the fiscal year the jurisdictional change becomes effective shall be permanently transferred to the C1ty. (3) An executed copy oP this zeaolution shall ba submitted to the County Auditor-Controller who shall mnke the appropriate adjustments as provided in subdivision (a) of Section 99 of the Revenue and Taxation Code. (4) The effective data o! this Agreement shnll be from July 1, 1994. • • • • A 1993. PASSED AND ADOPTED this ist day of December , 114 x:it x ~r xceuv~.nv ~. u t,ninvivve~ STAFF REPORT DATE: December 1, 1993 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Suzanne Ota, Community Services Manager SUBJECT: CONSIDERATION OF A RESOLUTION OF INTENTION TO WITHDRAW FROM THE SAN BERNARDINO COUNTY LIBRARY SYSTEM Staff recommends that the City Council adopt the attached Resolution to Withdraw from the County Library System. ~2~~3fl This is an adverts aed public hearing required Por the establishment of a municipal library. Pursuant to Education Code section 18900 et seq., the City Council shall notify the Board of Supervisors prior to January 1st that the City no longer desires to be part of the County Library System. Upon adoption of the resolution, the City Clerk will Formally notify the Board of Super~ieora, County Aseeosor and State Board of Equalization of the City~s intent to withdraw from the County Library System. Respectfully submitted, ,/ 1 an Ota C ty Services Menager SO/kls Attachment 115 RESOLUTION N0. 7J` " ~~ °7' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CDCAMONGA NOTIFYING THE BOARD OF SiJPERVISORS OF THE COUNTY OF SAN BERNARDINO OF THE INTENTION OF THE CITY OF RANCHO CUCAMONGA TO WITHDRAW FROM THE SAN BERNARDINO COUNTY LIBRARY SYSTEM WHEREAS, the City of Rancho Cucamongn has determined that a municipal library should be established in the City of Rancho Cucamonga pursuant to Education Code Section 28900 et seq.; and WHEREAS, Title I, DiVlsion 1, Chapter 6, Article of the Education Code of the State of Celilornia empowers the ,City of Rancho Cucamonga to withdrnw from participation in the San Bernardino County Library System; and WHEREAS, the City of Rancho Cucamonga~e withdrawal from the San Bernardino County Library System ie a necessary prerequisite io the estab2lehment of a municipal library pursuant to Title 1, Division 1, Chapter 5, Article 1 of the Education Code of the State of California. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Rancho Cucamonga that: 1. Tha City hereby notifies the Board oP Suparvieora of the County of San Bernardino that it no longer desires to be a part of the County Library System and that the City hereby withdraws from the San Bernardino County Library System. 116 RESOLUTION OF INTENT TO WITEDRAN Page 2 2. The City Clerk shall certify to the adoption oP this Resolution and shall perform the acts as follows: (a) A certified copy of this Resolution shall be forwarded to the Board of Supervisors of the County of San Bernardino on or before December 31, 1993, along with a legal description oP the boundaries of the City of Rancho Cucamonga as NOTICE to them oP the City~s withdrawal. (b) A certified copy of this Resolution and a legal description of the boundaries of the City of Rancho Cucamonga shall be filed with the Assessor of the County of San Bernardino and with the State Hoard oP Equalization of the State of California, on or before December 31, 1993. • k PASSED AND ADOPTED this let of December `, 1993 117 ~ ~ o~ ~~ Q F.+--~I ~~ o w ~~ ~~ _~ ~~~~ o ~~ ~~~ L y ~ i `~ ~ I ~l ~_- x, -' y, Y ~ i ~--- -,---r- „~---r-- ~ r ', ~~~ I-- ~= ~ I 1 B ri ~ 1 ~ Fi ~ ~ ~._-_----'-- Y1 i 1 L:J i~ ml -.-, ~ ~ I •. 1 ~ F ~. T ^ I ~' ~; ~ - ~, .~W i , ' ~ ~: I~ ~ v. ..` / Atl ONA3N MIOY4 ~ ~ ~ /'!I I ~1`-, -` /~ Ar I 3roL ~, .9314 FR~E167S ~ 1 REORGAN RATION INVOLV IIIG THE IN[ORPOMTI ON OF THE CITY OF ~'~ RANCHO CUCANONGA MITN SUBSEQUENT DETnCHMENTS FROM CENTRAL ~ 2 VAILEY FIRE PROTECTION 01STRICT, COUNTY SERVICE AREA SL-I, CWNTY SERVICE AREA 38, IMPROVEMENT ZONE "G" OF CWNTY } SERVICE AREA ;8, COUNTY SERVICE AREA 70 AND IMPROVEMENT I ZONES "A" AND "S" OF COUNTY SFRVI CE AREA 70, ANNEXATION TO ~ 4 THE FOOTHILL FIRE PROTECTION DISTRICT ANO DISSOLUTION OF ii COUNTY SERVICE AREA 50 A110 IMPROVEMENT ZONE "A° OF CWNTY ~ 5 SERVICE AREA SO 6 I That portion of the County of San 8a rnardino, State of California, de- '~, 7 scrihed as follows: '~ 8 PARCEL N0. I (Incarporaci on of the City of Rancho Cucamonga, and Detachments 9 free County Se rvlu Area SL-I, County Sa rvlu Area 38, Improvement Zona "C" of 10 ~ County Sarvlca Area 38, County Servi cs Araa 70 and Improvement Zones "A" and 11 "S" of County Se ruin Area 70) 12 That portl an of Townships I South and 1 North, Ranges 6 and 7 Wst, San 13 Mrnardi no Ma ri dian, descri bad as follows: 14 8eglnn ing at the intersection of the Northerly Ilm of the Atchison, IS Topeka and Santa Fa 14iiroad right of way with the Mast Ilm of Grow Avenue, 16 said intarsactl on ba ing also on the existing City Limits of Upland; 17 Thenu Horthe rly alwg said CIty U airs and eantinui ng along Bald City l8 U mi ts, follwing all of Its various courses, to tM unnr Iim Intarseetlon 19 I of 24th Street with the San Antonio Mater Cpnpany Rwd; 2p Thanu leaving sold City U mi ts, Northerly along said untsr Iim of San 21 Antonio Mater Company Road to the South Ilm o/ Fractl onal Seetion Z0, said 22 Township 1 North, Range 7 Mast; 2} Thence Easterly along Bald South lino to the South 1/4 cormr of Bald 2q ~ Section 20; 23 Thenu Northerly along the North and South quarter seed on Iinas of 26 Sections 20 and I7 to the North Iine of the South I/2 of the Southeast I/4 27 COUNTY SURVEYOR'S OFFICE 28 Ravl sad Mareh 11, 1977 -1 =~~•9314 fASfio"76 1 2 3 4 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 29 24 25 26 27 28 of said Sectlm 17: ~I Thenm Easterly along said North line to the Vast line of the East I/2 II of the Sw theast i/4 of said Section I7; Thanca Nortne rly almg said Vest line to the North line of the SwMeasc ~~ i/4 of safe Section 17; Thence Easterly along said North Iina co the East Iim of said Section I7; Thence Scathe rly almg Bald East Itne to the tlorth,+ast corner of Section 21; Thence Easterly almg Section lines to the Northeast corner of Section 24; Thenm Souche rly almg section lines to cha un[ar Ilm o/ Highland Avenue; Thence Eas tarty almg sold center lim to the South 1/4 cormr of Sacden 29, said Toanshlp 1 North, Range 6 Vest; Thane Northerly along the North and Swth quarter sactl on'Ilna of sold Section 29 to the llorth i/4 cormr tM reof; Thane Easterly along section Iinas to eha enter Iina of Interstate Rwta I5; Thane Swthwestarly along Bald can tar lim to the canter lim of Base if ne; Thence Vas to rly along said center llm co the center line of Ent Avanw; Thanes SwtMrly •Img said caner IIm to the cen br lion of foothill Boca lawrd; TAanu Vas tarty along Bald cancer Iina to Me North 1/4 cermr of Saetlon ~i, 9, said Twnship 1 Swth, Range 6 Mast; ~, Thence Southerly along the North and Swth quarur factlm 11 ms of Sec- rims 9 and 16 to the Swth Ilne o/ the Matrapolltan Agwduct; COUNTY SURVEYOR'S OFFICE Rwlsad Mareh I1, 1977 -2- 1 2 3 4 S 6 7 8 9 10 11 12 13 l4 13 l6 17 IN 19 20 2t 22 23 24 23 26 27 28 ~,:r9314 fA~fi677 Thenu Westerly along said South Ilne to the center Iina of Etiwanda Awnue; I TMnce Southerly along said center 11 na to the center Ilne of 4th Street ~ (also known as San Mrnardlno Awnue); Than to Westerly along Bald center line to the Clty Ll mlts of Ontario; Thence Westerly along Bald Cl ty Llmlts, and Conti nul ng along said City Ll mits, following all of Its various courses to the POINT OF BEGINNING. PARCEL N0. 2 (Mneaatlae to the Foothl ll Fl rs Protect) an Dlstrl ct and Detach- ment froe the Ccnt rol Valley Fl re Protection Olst r!ct) I~ Thrt portion of Section 9, Township 1 South, Range 6 Wsst, San Bernardino Me ridlan, described es follws: Beginning at the Northwest corner of Bald Section 9; Thenu Easterly along the North Iina of said Section 9 to the North 1/1 corner thn nof; Thenu Southerly along the Ilorth aid South quertar section Iliro of said Section 9 to the enter Ilne of Whitt ram Awnue; Thenu Waste rly along said center Ilne to the Hest line of said section 9; Thenu Northerly along said Mest Ilna to the POINT OF BEGINN INC. Said pare is contain 32 square m{lss. :7~1 AECOROED IN OFFICUL RECORDS NOV 801977 AT /Z• 2c V•M V. DENNIS WARDLE ND ~ ~ CLERK~RECORDER H SAN BERNARDINO COUNTY, CALK. RECORDED REQUESF OF CIYt( Of RIWCNO CIKI~A'-bAJL/1 COUNTY SURVEYOB~S OFFICE Revised Mareh 11, 1977 -3- 1FSOLUf:'.:.V W, 9696 A xF=OI.(R:0.V GF TdE C.:! C:ONC:L OF TFq CIST OF CNIARIO, CaLI'ORNIA, aITE07RAN2NO Tkffi TFARIT04Y OESIGWTED A9 "AlAIEI.lTION N0, 156" FRON T'P~ FOOTHILL FIRE PItOTE^.,ON DISCRIQ UPON TI¢ EFFEC!'IV! OAT! OF .. . ua+au«cy 'NHF7fA5, ~~an t.:s effec~re date of amexation t.'se Clty of Qatatio will aaa~ae resoanaibility fqz ':•-iiahin; fire 9roteetion to said annezed -~rrisary inawn is "MAeaiiOll No. :56"; and 'Nf~REAS, it 1s not inteaded to have a daplicatloa of lire p:gtettion ses- rices wit:,la said "Hmeucton No. 156"; vON, =tia{EFORE, 3E r ?PEGLYEO, Sy the Ciry Council of Lhe CStY of Ontario, :::at the ter. itory of said "kmerznon Nq. 156" shall be withdrane f:os the Foothill F1:• PrgtettioA Olst:iet of Sao 9ettnrdiao Cowry, and said Oiatzir. shaft be :eiieved of :he reseonsibillry of pzovidin{ fire psaceettaa for said :err::ory .ion t.4a effset•_ve oats of anntsation to the City of Oataao. APPROVED and A00PT9- :his 21ac day of Auaaac , 19~. /a/ 1. E, tLLIl04000 yx or ry of cargo ATTEST: /a/ -• L0[25 E. AYTE1lOtd ty era o t!u LY os Ontarso I hereby eertily chat :he Fgse{oint :eaoluslon was duly gad retnluly ?awed and adopsed Dy tha Ct:y Coweil of the Clry of OOCarlo, California, at a resulu aeetint thereof bald an the 21ae dq of Aoaaee 19 79. ~e ~ry era ;RTION CUCAIAONGA FRU. LANDS M.B.</9 P /too a z{ PARCEL f . - -. ":._'%~_ East y c '~ :i%~+~ Lot 14 a .. .., v?a'y. ~ ,Y °' Z N : :=5t: /SCOT h ~%''-' ~ ST .._.__ P.O.B. ~Y~ ICI \ PARCEL 2 ~ ^_- • _-MAP' SIxTM ar. t- .scat[ ~1 I'. 400' Cucannn9+ Crxek Flood Control Uannel i ....... 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In th• Cwvtr M Sao Bare•rdtvo. 6tat• at hlitalvfa, dMarthH u [a11wL apmSV6 at te• aouthrat giurYr of r1d SNtioe 30. Nld aRaald6 eaiy N so61a Nfnt 1v to •ri•t1v a'md•rt of ea CItI at 9•vaeo Cua••vep. than Borth 00 dap~a•• 19' ?9• N•t 2651..9 frt •loy to wt lie of r1d SNtim jd to to eoKbnat carver M rid Nuthwt Oa•rtar. a•ld wet live alo{ a"vd•y lfu M rid CSt)1 tere• Wte 09 Na.a• 3•• •6• Wt 2707.29 rNt aloe( to oxte llv M NN •wRmw•t 9vrtar to tM vertea••s aotwr of to tNteWt 9a•rt•r M rid d•ettovl tepee •aoth N d•pw• 3•' 3•" •Nc X327.13 fNt •lOq tN earth lfa of NSd •o•eer•s •nut~ to to Nree.•.t cero•r e[ Ce• barteYNt 9vartr of r1G Nutert 9nu'tM'1 tepee Note 00 d•p'aa• 02' OY N•t M39.z1 twt •lov to MR 11r of ca vartao•t 9u•rtr M Nld Nuthr•t 9uvt•r W le. prOimpclm to Nld Nutb llv of Nid S.bt1Cb, NId .OYtb lint a1q • aVOd•1'r 11p. of to ClC7 Cf YNeo Cue••oopt tGSw •orte 69 d•6rr• 26' d9• tn•t 'j2•.t• Mt •loy MLO •aaW 11w W eotea•y 11N eo tee •euter•t oorer of tud •outh••R CWrtKI ee•ma earth 69 d•cw •9' Z2• wt 269•.10 trt •lee{ NSd souse 14N w 6wm.n )3N eo ea Poia er ailmios. Tapear .tee ea Nase •o.do frt er sa am'ter•t 9uvt•r M Nid /.vetee and to •Nte •9.00 hR N to aarce..t 9u•rt•r a! NSd 9Ntiw. cowl•1a z9e.m •dr•. ~ ~ ,L 2~ ~^ ~ ~? ~n ~W ~~ htiR 1 ~.~. W u ~ Zok ~~ W ~` ~ _4 \ \1 \ .Nii91 - LL; \ LLI _ n ~~ T ~l7 U:.;t ± 7 . vs•./ nr~r 'Q_~ M.LO. tO.lDf .Of 1= ~$ ~$:~ca F-~-' ~ ~ Lei, ~.. L, m y 1 ¢\0 N X vY 1~ 2n~~ W i W 2~a t~ 0 ~ ~ ~' LLI N a ;p 4 R </) ~~ ~Y X ~ ^ • \ Z C ~ 3 o ~ ~ $k 1t A~ W3 w y~ ~ k h ~~ a ,aY b 3 ~ ~ ~ ~ I ~Y~ ~~ 3/)N3AY N9Y/ )i/W 3\ l r .fI /ffl N-ii.i/.mM 2 r~kowvom oN~NVa eo ~u~ 3 } n bT 5~ z GR ~,lm j• 2 i I O.'. i~ ~' ;~ ~~ d 1 b < ~ u e ,l~ ~ b o ~1 x Z u V Y a a 0 3 ~ F y Y N V i V „+.. ,~ f'1~ ~' P.IIIIBZT "A" Resolution No. 88-682 Page 3 ~-436739 LEON. DESCRIPTION -TRACE 13327 (LOCATED AT THS NORTR NEST WRNER OP HTINANDA AVPfi08 AND 24TH STAHET CDONT OP SAN BSItNARDINO) THE PARCHL DHSCRffiPD AS FOLLOWS: The southeast onrqurter of the aouthrast onrqu rter and the •wth onrhalf of the southeast onrquarter of Section 20. Township I north. Range 6 vent San Barns rdino Naridian is the County of San Bezurdiao. State of California according to the official plat thereof. Ezcapt therefrom the ruurly 130 fur of the •outhust onrquarter of She •outhvmsc onrquartmr of Mid Saciion 20. Also e:capt therefrom that portion coavmyed to the Souihmrn Surplus Realty Cwpaoy ducribmd as tollwa: That portion of the southust onrgwrtas of the awthrmat cargwrUr asd that poriiom of iha south oarhalt of ehm swthmut ow gwrtar. all Seeticn 20, Twuhip 1 north, Rage 6 vet, San Bernardino Bus sad Meridian, lying northvutmrly sad votmrly of • linen sad its swehmrly prolongation rhich is parallel rith and distant 100.00 fat ^outheastarly ud mutmrly, meuuted sc right angles from the follwiag describmd survgad rmfmrmacm liner Comuacing •t then point of iatmrsactiw of the ust line of uid Section 20 and • linen parallml with and distant 130.00 feat northmrly. ensured ^t right angle from the northerly lice of uid •wthmut onrquartar of Section 20, said point bsi¢g south 0 00'32" ust 2770.30 feat, mauurad along said set lice from a found oam (1) inch Comty Surveyor's Moauaat •t the eouthmue •t cornmr of said Section: thmnem north 89 2T07" vot, along raid parallel line a diatanea of 1147.74 tarot to the TROE POINT Ot BBOINNING: thaoea south 44 L4'00" vet 3684.72 fur to a point that is north 0 13'39" vet 123.00 fact from she south line of said Section 20, boring mannered along then northerly prolongation of a linen parallel rith and distant 230.00 feat estterly, mmuurad at right angle from the sisterly lino of rut onrhalf of the norihrast one-quarter of Smction 29, Twnmhip 1 north, Bangor 6 vast, San Bernardino Bum and Meridian; theca south 0 13'39" set along uid prolongation • dlsUacm of 123.00 fur to • point in uid south line of Smctlan 20, acid point boring nozeh 89 21'13" rest 1090.76 fame, measurmd along said acuth line from • found 1-1/2 inch County Survgor'• Nonuant •t the south onrquartmr carnet of uid Smctiom 20, uid point also boring mouth 89 24'13" use 1330.80 front musurad along uid oath liam trw • fomd 1-1/2 loch Coustq Survmyor'^ Monument at the awthraax corner of uid Section 20. Rualotion No. SE-6h_ Paa• 4 .'1 y~~•,','.ji~•'~ 88-43b"739 EIC6pTII7G 1flEREpR0.M that portion I~iIIy vithia th• ruc•rI~ 150 fast of tha aouthaut onrgVartar of tha aouthrac o•rquarur of wid Saetion 20. Approzi•ats Ana 91.83 Acru. 88-436739 z w u m 9 C I \I T a ~ ~ > ,~ ~ O a z a ~ N o~Z4 ~ ~ ~ ~ ~ g } ~ ~ , P Y Q ~ _< ~\ \\ ~k T N D 2 z a a .~ ' 1 ~~ ~= exhlelt ~ iR r ~ N \\ ~4 T Sdesol~irn No. 89-0]4 89-037819 Ewe ^a^ A74!ae~sw oars, nom. PA~s. nHmia~saa 7vma A Pion as the eptitA half of the ttiatheest 1/4 and a pcctim of the north halt of the saRhaest 1/4 of ~,-rir+. 20, 'Ibinety;P 1 Nath, Ratf~e 6 Wast. S34 deecrl6ed ae follows: Begimifiq at the east 1/4 c~7~ of xeid Seetim 20; 121sfoe S00° 00'22"iP along the south line of rile nmYII 1/2 of said sectim 20, a distance of 2430.49 feet; 1Yrmtm N44°44'04^E, a ~+~^~ of 1881.32 Peet to the t>mth line of 25th Stcast, 6airrg 30 feet noetts¢ly, aid pataliel to the north line of the sa~theese 1/4 of said Sectiaf 207 'II~e'ne 589'26'51^8 alag said r~th line of 25t2! Sheet, a dietanv of 1106.44 feet to the neat 11118 a1 acid Sectirn 20. said point hainJ NO.00']2"N 30.00 feet fTCID the ~~ ~ ~gin~4r tl~m 30' 00'32"E 30 last to ttr Pbint of S~bjset Site avrtairr en arse of 54.77 x e¢se x66/2310031 ?~ollcirn Ho. av-ca{ //89-0 7819 ~.f waw ~1 /~s/Cs / ~ IIIJ1L DFSaCZP1SQ7 ~~-+-rive-f A partle+i of tha ae+rth half Of ltix nsllres6 1/1 acid a pdtSeti er1 t6a nn eli half oe llia lOI1tSfWt 1/{ of 9aetlQi 20r '1Wi~hlp 1 NnSdr iiueja 6 lirtr 56M drQi6ti r toliWxs B{glmlrq at t6r afxt 1/{ aQric oL xald Sactim 30f 'AflOa 300' 00'33wM almq tlfa xaiitlt 7!n d ttix naL4 1/3 Pf add asRian 10r a dlxtanis of 2{30.{9 fast; 'IIiaii~ NI{'u'0{"Er a dlstw of 3xa1.73 taxi LD ltia nae!!1 Brix d 36t71 StfasCr 6aiisl 70 text nattrrly, and paallal to tlta no<Sd Lteia d t2ix aaitl~xsxt 1/4 d xald 3aetian 20f . 'ID~ia Ss!' 36's1wE aLTq aald meth 11nx d 3sla Me~xt, a disbio d lla.u fait b tb art 1Lia d xald 9~Ctiai 30. xxfd pxifR 6alnq NO'OQ'72"N ]0.00 in Les tds POLd: of Bsgi~rtltq, lhria 9D• 00']3'R ]0 txx! m !8x iblilt d 6a4~*~ie4• su6jss2 sib eseitairr an asir d x{.77 t xe~s. x66/3]10071 t f 16 89-U~s rn~1y LibiDit "~ " - ~?'' w ~~ O ~ ~ { S7 29' SYE 1106.41' / J4 25N STREET,'( 00' WIDE 1 TO BE VACATED ' , ANMANSON DEV. 54.77: ACRES 9JECT PNOPEATY (DEVELOPED N69"23' 31'W 2450.49' cxn w 9ARa0 cocANO~aa, AIa~AlIw i ~~•~~~i - co~D1Kd ae p~e+W[ 9, 1969 T,MELCHER PROPERTY P.O.B. E 1/1 CORNEA SEC. ~20, TIN. R9W 9CAlE 1' - S00' NORTN O EVELOPMENT DISTRICT AMENDMENT - PLAN HMANSON DEVELOPMENTS,INC. mcxsxxc 9oomwx or cxss or ^A~ceo O7CNQRJ1 D' 1 S£ CORNER, SEC, 20. 7iN REI ti7 txnra~r ^a+" Resolution No. 89-036 Pegg 4 99-037920 'Rat portion of Sectim 22 in 2bmehip 1 Math, I+urg. 6 wrt, Sm~ Berrotdino ileiidinn, all within the uni7faorparated territory of ttr Raarty of flan Bernardino, Stata of California, deerrihed as follows: Begimirg at the southwest wc'ner of ttr oast oir-calf, at ttr rwst one-halt of said Sectim 22; thence natYh 0°14'52^8 2632.53 feat alofg tha west line of the asst ar-t~n].t of ttr rat m-talt of acid Sactim 22; thane oonti:uing alag said west lino north 9• L5'16"E 2309.70 feet to the souttnest aonffi oL Pearl 1 a. descxihd in a dead to ttr SoutlfmT Suplus Realty Oompery reoocdtl in Boric 8171. Page 84 01 official RaOOtds of said Q7II~ty; thane alag the south line a1 said Patoel 1 no¢tII 69.55'28"8 1421.60 teat: ttrnoe oattifuitg slag said south line north 76°47'55^8 3263.13 fast t0 a point On the asst line of fir west onefialt of fir Best aia-ta1L of said SecCim 22; theme slag ttr said east 11ne oL tYr wart ar-la]t of tM wt ar-4alf south 2590.47 feet; thence '+'~'~~^,t'g slag the said ees! ].ins of ttr west ar-trlf of Ur wt otr-lalf sprth 0.06'S4^M 2688.02 fast to a poiiR m the swth litr of said Ssctlon 22; thnoa alag sni4 earth lino of Sectim 22 aouttt 69' 41'47^11 2653.32 fart to tlr Poitrt of ~9~ng• 99-037920 S• Ka~EArtSNMENT ~•.~ ~ ~a~r.~a ~~~ ~I ~ ~ I: ~ ~ ~ ` i - ~ ~ I ry r 1 ~ 1~~__4 ~ ---) f i I -I ' PROJEC __ ~'j-ira .~.t-~ --;~---- ------ - s.c.E. ~-, -- - ~ ~~\ SITE i o ~ ~~ 1hDEVELOPED . ~ ~ CITY OF RANCHO CUCAMONdA -tevised Map Z ~~ CRY OF RANCHO CUCAMON~i PROJECT MAP LAFCO 2605 ETIWANDA MIW1lANL ANNEXATIOtI OF~iC ~~R RECORDS -- B9 F'E9 - I • PM A 49 SAN BERNARDINO CO. CALiF. IFEF 2MSYS 3PCOfl )U-R -" ~~ 5 SYf Fr_ _ OR E_r•-. L ~ Wlfblt I~p ~t MfNE F~GIYwVI Y![OF 'J i. .~`i f l~ (0 l(. AGFNfV FORNATT ON fpwwTCC Tl1N y,yrywp _JJ~j LDCKWODO ENDINEENING City of Rancho Cucamonga (Affected Agency)yn'3/13/89 3 SURVEYING COMPANY, INC. (Rlackainn Rn,we lnnll~ant~ p ('1+1 iea,VlMl Foomul Bouls~W ANNEIUTTON LEGAL DESGEIPTION FIaNO. GNIamN 9taM 'MfOa`naw a4 wa 8301 LEGAL DESGRIFfION ,~ All that portion of the Naat 1/2 of the East 1/Z of the Southaut 1/4 of Section 30, T. 1 N. R. 6 N, S.B.B. 6 M. being more paztlcularly described as follows: CY'• w Beginning at the Northvast corner of the South 1/2 of the South 1/2 of eha Northeast 114 of the Southeast 1/4 of said Section 30; Thsnca S 89.35'09" E along the North line of said South 1/2, South 1/2,Northeast 1/4, Southeast i/4 a distarna of 660.00 feet; Thence 5 0.02'02" N a distance of 329.87 ::at to the South Tina of said Northeast 1/4, Southeast 1/4 Section 30; Thence S 89'35' 21" E along the said lino n distance of 2.91 feet to the Northuat corner of the Nast 1/2, SoutMast 1/4, Sauthuat 1/4 of said Section 30; Thence S 0.06'02" N along the said East line of the Nut 1/2, Southeast 1l4, Southeast 1/4 of Sacticn 30 a diatancs~af 1391.48 feat to the South lion said Section 30 Ming the existing Rancho Cucamonga city limit line; Thence N 89.36'09" N along [hs said South lino a distance of 662.13 fast to the Southeast corner of acid Sovth east l/4, Southeast 1/6, faction 30; Thence N 0. 02'02" E along the said Nast line ofiha Eut 1/2, ScutMast 1/4 Saeiion 30 • distaau of 3649.55 fast to the true point of Dagining ''s{ No. 9]01 'e ` ~7 * w.u~hu j4 ~\ ., ` ~~ dI CIVI ~~ ~.-! q/! OF CPUF ~-iT's9 TYi3f ~~' maeic ~ ~A ~~, y ,~ ~.w~ ..~f+ N.. f.1I rivet ~~r.r~ (./TY L 11 :- ~ No. 9101 &> li 119E ~~ ~ ~.r...S~ ~ .,e , a L a ____ 1 S.w O~..w.+..o~.uo ~.~ ~~ 1. ~~14{ ~ ~ °iq ~ ~;°~i P . ~~ 1 ;et ,Ci ~,'.~ ° ., , t td ~ .. ~ i '~ ~~ , ~ .a~ IOCCWOOD tNGiNdNING L SUIlVFY1N6 COM7ANY, INC t.cr°o- ,dlvr - /.l.Gr~t++a -ut CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: December 5, 1988 T0: ~ Department Heads and Community Development Staff v FR Larry Henderson, Senf or Planner BY: Dino Putrino, Assistant Planner SUBJECT: CITY ANNIXATION `o ~~c,~.Nq~ ~~~~ - S' ~1 ~ 7 z. JY~~yyC, i ilk. ~ ^~~' `F Z 1917 This Mema is to inform you that as of Novenber 14, 1988, the local Agency Fonaation Commission certified that the City of Rancho Cucaapnga has completed a change of organization, thereby, annexing 51.59 acres to the City and detached frawt County Service Area 70 and its Immprovenents Zone "A", that area generally located north of Highland Avenue, south of the logical extension to Sumwit Avenue, east of the Geer Creek ut111ty corridor, and west of the County/C1ty boundary (see Exhibits 'A" - Legal Description and "B" - HaDI. Thts annexatim became effective on the date of certification. All appropriate City maps and docwmts w111 be updated to reflect this change. Please make note of this change per your records, inforw other staff, and submit any questions to Dino Putrino of our offices. LH:DP:mlg cc: Fire Chief Sheriff Gary Mdreasen Pulsar Developmw!nt Etiwanda II and Leslie Blanchard IT ''B" 0 u NDR1H LINE D 5N y4 yso. a~j 'g 'r.2q 4.O.M SUMMIT AVE. east une or wat ~'h0 FEET D- ELK of EW ya x~c. t~ - aoUtH une or Neva 9n4a Setif ~~i~l J1~r T,J N, WCST UnE oo~~ E'~i. of eIK or MVO IEG 2~ vonte une Dr 4'K ~ SMf. of SNYa yEG. i~ ~~ CMt Unt Or WV2 6~u1'14 4~ S9 °r ~ yEUTN Unt Or NORTH M Poci Of yN ya yw.2q SUBJECT PROPERTY O 1. yl AGRf1~ i , a »C, ~~ ~ 3 s '~ F~, ~ ~>~l. r t ~Al,e: ,.. ~, u . yy~T~1unc or 4NM4 HIGHLAND VIG1~11'I MAC - CITY OF RANCHO CtiCAMONGA STAFF REPORT DATE: December 1,1993 TO: Mayor and Members of the City Council Chairman and Members of the Redevelopment Agency Jack Lam, AICP, Executive Director FROM: Linda D. Daniels, Redevelopment Manager SUBJECT: Approval to purchase a 22,500 squaze foot btulding on 1.1 acres of land, located on the west side ~ Archibald Avenue, south of Base Line, for SI,100,000, to be used as an interim library fatility, to be funded kom Redevelopment Agency account number 1350400 RECOMMENDATION Adopt the attached Resolution and authorize the execution of the necessary documents. BACK RO / Np Y i The proposed interim library facility is located on Archibald Avenue, south of Base Line. Agency staff has investigated this site as an the interim library facility beginning in Mazch, 1993. However, because an agreement for library services was not reached until November 1993, no action muld be taken to acquire this as an interim site. The subject property is 22,500 square feet, on 1.1 acres of land. The property is owned by Sanwa Bank, which has agreed to sell to the Agency for $1,100,000. The property is located adjacent to land held by the Agency for development of affordable senior housing. Bond funds kom Fund 13 -Central Park will be used for this acquisition. R~ectfully submitted, ' da D. Daniels Redevelopment Manager 119 RESOLUTION NO. 93"a ~ A RESOLUTION OF THE COUNCIL OF THE CITY OF RANCHO CUCAMONGA REGARDING PROJECTS BENEFITING THE RANCHO REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS IN REGARD THERETO. A. Recitals (i) The Community Redevelopment Law of the State of California (Health and Safety Code Sections 33000 et seq.), among other provisions granting powers to redevelopment agencies, contains Section 33445 which provides that a redevelopment agency, with the consent of the legislative body, may pay all or part of the value of land for and the cost of the installation and construction of any building, facility, structure or other improvement which is publicly owned either within or without a project area upon a determination by such agency and such legislative body by resolution that such building, facility, structure or other improvement is of benefit to such project area and that no other means of financing the same are available to the community. (ii) The officially adopted Rancho Redevelopment Plan of the Rancho Cucamonga Redevelopment Agency ("this Agency" hereinafter) provides in part for the construction of community cultural facilities to serve said project area, which include such projects as the interim library facility ("Project" hereinafter). B. Resolution. NOW, TIlEREPORE, be it found, determined and resolved by the Council of the City of Rancho Cucamonga as follows: 1. This Council hereby finds that the facts set forth in the Recitals, Pan A, of this Resolution are true and correct. 2. The City of Rancho Cucamonga hereby consents to the Rancho Cucamonga Redevelopment Agency's funding of costs and expenses related to the Project pursuant to Health and Safety Code Section 33445. 3. This Council hereby specifically finds and determines that the construction of the Project by and through the Agency's funding will be of benefit to the Agency's Rancho Redevelopment Project. 4. This Council hereby specifically finds and determines that no other reasonable [Weans of financing is available to the community to construct the Project other than through the Agency's funding thereof as consented to herein, 5. The City Clerk shall testify to the adoption of this Resolution. ADOPTED AND APPROVED this day of 1993. Mayor I, DEBRA J. ADAMS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of 1993, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga day of 1993, by the following vote: AXFS: COIJNCB. MEMBERS: NOES: COUNCfL MEMBERS: ABSENT: CO[JNCII. MEMBERS: ABSTAINED: COIJNCILMEMBERS: ATTEST: City Clerk of the City of Rancho Cucamonga ~1 c Base Line .~ E ~~~ Existing m Library Site = Proposed Interim Library site a ~ m n T L ~ U C_ ~ Q 1 North CY OF RANCHO CUCAMONGA REDEVELOPMENT AGENCY STAFF REPORT DATE: December 1,1993 TQ. Mayor and Members of the City Coundl Chairman and Members of the Redevelopment Agency Jack Lam, AICP, Executive Director FROM: Linda D. Daniels, Redevelopment Manager SUBJECT: Approval ro purchase a 22,500 square foot building on 1,1 acres of land, located on the west side of Archibald Avenue, south of Base Line, Eor $1,100,000, ro be used as an interim library facility, to be funded from Redevelopment Agency account number 13-50400 Adopt the attached Resolution and authorize the execution of the necessary documents. The proposed interim library facility is located on Archibald Avenue, south of Base Line. Agency staff has investigated this site as an the interim library facility beginning in March, 1993. However, because an agreement for library services was not reached until November 1993, no action mold be taken to acquire this as an interim site. The subject property is 22,500 square feet, on 1.1 acres of land. The property is owned by Sanwa Bank, which has agreed to sell to the Agency for $1,100,000. The property is located adjacent to land held by the Agency for development of affordable senior housing. Bond funds from Fund 13 -Central Park will be used for this acquisition. Re~~sp'e~`c°t~f'u`~~ll~y submitted, -~/Lih ~ "LGI~LLC~ da D. Daniels Redevelopment Manager RESOLUTION NO.~"~7 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY REGARDING PROJECTS BENEFITTING THE RANCHO REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS IN REGARD THERETO. A. j~citals (i) The Community Redevelopment Law of the State of California (Health and Safety Code Sections 33000 et seq.), among other provisions granting powers to redevelopment agencies, contains Section 33445 which provides that a redevelopment agency, with the consent of the legislative body, may pay all or part of the value of land for and the cost of the installation and construction of any building, facility, structure or other improvement which is publicly owned either within or without a project area upon a determination by such agency and such legislative body by resolution that such building, facility, structure or other improvement is of benefit to such project azea and that no other means of financing the same are available to the community. (ii) The officially adopted Rancho Redevelopment Plan of the Rancho Cucamonga Redevelopment Agency ("this Agency" hereinafter) provides in part for the construction of community/cultural facilities to serve said project area, which include such projects as the interim librazy facility ("Project" hereinafter). B. Reso~,nlntl~n. NOW, THEREFORE, be it found, determined and resolved by the Rancho Cucamonga Redevelopment Agency as follows: 1. This Agency hereby finds that the facts set forth in the Recitals, part A, of this Resolution are true and correct. This Agency hereby specifically finds and determines that the construction of the Project by and through the Agency's funding will be of benefit to the Agency's Rancho Redevelopment Project. This Agency hereby specifically finds and determines that no other reasonable means of financing is available to the community to construct the Project other than through the Agency's funding thereof as consented to herein. 4. This Agency hereby specifically finds that the financial obligations which it will undertake to construct the Project will not impair its ability to discharge any financial obligation previously undertaken by it with respect to its Rancho Redevelopment Project. 5. The Chairman and Executive Director of this Agency are authorized to take any and all actions necessazy to cause this Agency to fund the construction of the Projects in the estimated amount above specified and any and all funds heretofore expended by this Agency for that purpose hereby are ratified. 6. The Executive Director shall testify to the adoption of this Resolution. ADOPTED AND APPROVED this day of 1993, Chairman [, JACK LAM, Executive Drcector of the Rancho Cucamonga Redevelopment Agency, do hereby certify that the foregoing Resolutiou was introduced at a regular meeting of said Agency held on the day of 1993, and was finally passed at a regular meeting of said Agency on the day of 1993, by the following vote: AYES: At3ENCY MEMBERS: NOES: AGEPK'Y MEMBERS: ABSENT: AGENCY MEMBERS: ABSTAINED: AOEN('Y MEMBERS: ATTEST: Ciry Clerk of the City of Rancho Cucamonga c Base Line /~ E ~~~ Existing Library Site = Proposed Interim Library site v m m a_ m L C_ ~ 7 ~ I North cu x ~r xwrvcnv uuunm~rv~w REDEVELOPMENT AGENCY DATE: December 1, 1993 STAFF REPORT r., r TO: Chairman and Members of the Redevelopment Agency Jack Lam, AICP, Executive Director J FROM: Linda D. Daniels, Redevelopment Manager SIJRJECT: APPROVAL OF CONTRACT WITH PITASSI DALMAU, ARCHITECTS FOR ARCHITECTURAL SERVICES FOR THE PROPOSED INTERIM LIBRARY Approve the use of Pitassi Dalmau, Architects for architectural services for the proposed interim library. The building that has been identified as the proposed interim library is an existing two story facility. The building is a shell construction and tenant improvements for the proposed library use aze needed. Pitassi Dalmau, Architects were the original architects for the building. Staff has negotiated a two phase architectural services contract with Pitassi Dalmau, Architects. The first phase of the services will be to develop the interior programming plan based on input from staff, the proposed librazy programming consultant and the public. The second phase will be to develop design and construction drawings and provide services through construction and opening. The first phase of the work will be paid on an hourly rate basis, not to exceed 510,000. The second phase will be at a negotiated fixed fee once the programming has been defined. Respectfully submitted, /Linda D. Daniels Redevelopment Manager attachment A R C H November 16, 1993 Ms. Linda Daniels Redevelopment Manager City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729 r T t C T S Subject: Architectural Design Services for the Rancho Cucamonga Library 7368 Archibald Avenue Rancho Cucamonga, CA Dear Linda: Pursuant to our meeting on Monday, November 15, 1993, this letter shall serve as an Agreement for professional services regarding the Rancho Cucamonga Library referenced above. This project can be described as the design of tenant improvements needed for the creation of a city operated library wiLY.in an existing building shell. The building is an approximately 22,500 sq. ft. two-story facility located on a 1.7 acre site at 7368 Archibald Avenue in Rancho Cucamonga. The program for the library's components shell be developed with the city staff, the architect, the city's library consultant, and interested community groups such ae the "Friends of the Library". Our Scope of Services under this Letter of Agreement shall include the following: 1. We shall consult with city staff, our structural engineer, and the floor truss manufacturer regarding the feasibility of increasing the design load for the second floor. 2. We shall work with city staff, your library consultant, and certain interested community groups and individuals of your choice to develop a program of library components and space needs. ] 4] 9 W M l i E O A N A V F] i E 1 0 6 p A NCH O C U C A M O N G A C A 9 1-] 0 1 QQ if 1. X0091 90 O~E]41 lIA ~Y 10001 0 . •~1' r,i~ Ms. Linda Daniels, Redevelopment Manager . November 16, 1993 Page 2 3. We shall review the existing building for compliance with current Title 24 Regulations and the 1991 U.B.C.. This review will take into account the proposed change of occupancy to a "library" from office use. Our fees for the services described in Ttems 1-3 above shall be invoiced on a Time and Material Basis per our attached "Schedule A" dated July 1993. The services of Ken Okamoto and Associates, Inc.; Structural Engineers, regarding item 1 above shall be invoiced per his attached "Hourly Rate Schedule". Upon the conclusion of the programming phase of this project, a more detailed Scope of Services with a related Schedule of Feea shall be prepared for your review and execution. This Scope of Services shall include the Preliminary Design, Construction Documents, Bidding and Negotiation, and Construction Observation phases of the project. Linda, if you have any questions regarding this letter or the enclosures, please advise. Thank you again for your consideration for we look forward to participating in this exciting project. very truly ou Pitas r tects Pete Pit ', AIA AJP:Ca6 Enclosures: "Schedule A" dated July 1993 Ken Okamoto and Associates, Inc. "Hourly Rate Schedule" Approved by: i Ms. hinds Daniels Date M ^ i ~ i _ i R C H I T E C T S SCHEDULE A July 1993 HOURLY RATE BILLING AND REIMBURSABLE EXPENSES The compensation of Pitassi~Dalmau Architects for the work done on the basis of salary cost times a factor, plus incurred expenses (which may be referred to as "Time and Materials" or "Standard Billing") will be the sum of the items set Forth below: A. PERSONAL SERVICES: (Hourly Rate Billing) 1. Principals: - $80.00/Hour 2. Architects: - $66.00/Hour 3. Project Managers/Senior Draf tamen: - $53.00/Hour 4. intermediate Draftsmen: - $42.00/Hour 5, Junior Draftsmen, Secretary: - $31.00/ROUT B. TRAVEL AND TRANSPORTATION EXPENSES: 1. Reimbursement for actual travel and subsistence expenses paid to, or on behalf of, employees. 2, Thirty cents per mile for use of vehicles. C. OUTSIDE SERVICES: 1. The coat of services and expenses charged to Pitassi•Dalmau Architects by outside conau ltants, professional or technical firma engaged in connection with the project and not included within the scope of basic services at a rate of 1.10 times the invoice amount. e 1 a v w H i+ s o A% A v e s+ e. + o s RANCH O C U C A M O N O A C A 0 1 7] 0 +El. (900) 9l0-11G1 fA%, (909 011.6111 ~~"Schedule A^ July 1993 Page 2 of 2 D. PRINTING: 1. The cost of reproduction work charged to Pitassi•Dalmau Architects by outside sources, at a rate of 1.10 times the invoice amount. 2. Sixteen cents per square foot of blueline prints, ten cents per letter-size xerox copy, twenty cents per legal-size xerox copy, and twenty-five cents per ledger-size xerox copy for zeproductions made by Pitassi'Dalmau Architects. E. MISCELLANEOUS EXPENSES: 1. The cost of materials, supplies and services, including communication expenses, procured by Pitassi•Dalmau Architects from outside sources, at a rate of 1.10 times the invoice amount. 2. The cofit of governmental fees and permits advanced by Pitassi•Dalmau Architects, at the rate of 1.10 times the invoice amount. 3. Facsimile communication made by Pitassi•Dalmau. Architects, at the rate of one dollar per page, maximum of $5.00 per transaction. 4. All out-of-pocket expenses not included in Items A, e, c, or D will be included in this category. ~1 Jy ® KEN OKAMO70 & ASSOCIATES, INC. STAUCTUgAL EN GIN EERS HOURLY RATE SCHEDULE CLASSIFICATION HOURLY RATE PRINCIPAL $ 95 PROJECT ENGINEER $ 75 DRAFTSMAN $ 60 CLERICAL $ 30 100!1 VORl4 STREET, SUDF 146 NSTN~ GIUFORNIA 926!0 ~ (714( 0.76J960 RRX (710) 676.2421 132 l:ll l Vr nniv..nv vv~. n+.+vi. v.~ STAFF REPORT DATE: December 1, 1993 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Suzanne Ota, Community Services Hanager SUBJECT: CONSIDERATION 'CO EXECUTE AN AGREEMENT WITH TBE CZTY OF YORBA LINDA FOR PROPESSIONAL LIBRARY SERVICES OF CAROL ANN TASIOS, LIBRARY DIRECTOR, IN AN AMOUNT NOT TO EXCEED $14,000 RECOMlDSNDATIOM Staff recommends that the City Council authorize the execution of an agreamattt~ with City of Yorbn Linda tar professional library services of Carol Ann Tnaios, Library Director. ANALYSIS Tha Agreement prov idea for Ms. Tnsios to assist City staff and the Library Architect with the planning and development of the interim library facility. She will also assist with library service operations needs related to the book and materials collection, furnishings and lixturea and librnry technical services requirements. The professional services agreement is in an amount not to exceed $16,000.00. Respectfully submitted, 51~za Ota Corny Services Manager SO/kls O lilt x Vr IVfl`1tinV a. a~vrunva. vca STAFF REPORT ~, DATE: December 1, 1993 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Suzanne Ota, Community Services Manager SUBJECT: CONSIDERATION TO APPROVE AN INTERIM LIBRARY SERVICES BUDGET AND APPROPRIATING FUNDS FOR FISCAL YEAR 1993/94 RECOMMENDATION Staff recommends that the City Council approve the Interim Library Services Budget and appropriate funds for fiscal year 1993/94. L~+t~R'~!S-7 The proposed FY 1993/94 Interim Library Services Hudgat in the nmount of $60,210 ie recommended to bring on n Library Manager in April 1996 and two Librarian II'e and an Administrative Secretary in May, to assist with start-up operations for the new interim library. The budget also includes funds for promotions and special library program needs. it 1e recommended that the City advance this appropriation from anticipated FY 1994/95 Library Services revenues by utilizing the Reserve Fund. Respe tfu~~itted,~ Suzan OLn Community Services Mnnnger SO/kle Attachment 134 CITY OF RANCHO CUCAMONGA FISCAL YEAR 1993/94 ANNUAL BUDGET SUMMARY DEPARTMEM: CommuMy SavlCea FUND: roo0c DMSION: iMeren Library Services (72,000 aq. R) COST CENTEII: 10001 1991!82 1 ACNVITY Atlopled Adopted EaOmebd Manager Adopted OBJ.X Bud B Rand. e PERSONNEL 1100 Regular Selerlee 0 0 0 38,160 12ao aemmeseiedes o 0 0 0 1300 Pad 01ne Salaries 0 0 0 0 1900 Fringe Berrefits 0 0 0 13,390 0 0 0 61520 0 3107 oPERAnoNs Travel 8 Maetlrpe 0 0 0 500 3300 Mileage 0 0 0 1,100 3900 MffiMenance 8 Operetbna 0 0 0 7,000 3958 Dues 0 0 0 0 3980 General ued6N 0 0 0 90 6078 Corarect Services 0 0 0 0 TOTAL OPERATION8' 0 0 8890 0 CAPITAL OLR'LAV TOTAL CAPITAL OUfUV' 0 0 0 P NTT TAL: 0 80 .LtJi! CITY OF RANCHO CUCAMONGA FISCAL YEAR 1993/94 PERSONNEL DETAIL DEPARTMENT: CammurOy Servkee FUND: woa DMSION: Interim Library Servlcee (?2,000 al. RJ COST CENTER: ma FY Fiec aiY 1 FV F Y eer1 B Aum. Dept Mpr. ud Depl MDr. AtlOPlefl OBJ. • Level Rand. RanO. 0. B 1100 P 0 - F TIM UwMY Manager 0% 100% 0 ?2,630 LY)rarlen 11 0% 2(10% 0 ii,te0 AdninLVlrerNe Seaebvy O% 700% 0 1,360 1210 RTIM 1300 q O L-P TIM 1900 FRI FR ebW Full Time Subplel: 0 0 38,18e 0 MerH Conergaluy ®5%: 0 D 0 0 Frklge Berlef0e®35%: 0 0 13,380 D OvWtlme SUDlMeI; 0 0 0 0 Pert Tyne 3ubglM: 0 0 0 0 TOTAL PE N L: 0 51 0 CITY OF RANCHO CUCAMONGA FISCAL YEAR 1993/94 OPERATIONS AND MAINTENANCE DETAIL DEPAfiTMENT: CorrlmunftY SerMces FUND: mac DNISION: Imerim lierary Services (22,000 sq.hJ COST CENTER: wou AP A O M ON TAI 1991/92 199 3 199 Adopted Adopted Eslimeted Mereper Adopted OBJ. M e et B 0 3 Rcmd. B 3700 TRA L8 ME TING Ubrary Meelirgs 0 500 Subotel: 0 0 0 500 3,n00 MII FAf:F . Auto Allowance 0 1,000 Mileage Reknburaernent 0 100 sae al: 0 0 o t Too 3900 MAI NAN 8 OPERATION Poamge svW Printing 0 3,000 Ottlce Supplies 0 2,000 Special Pmgrem Supplies AdvertisingPmmotbns 0 0 1,OOD 1,000 u 0 0 7000 3959 Subtotal; 0 0 0 0 3960 GENERA IA I ITY 0 90 I' 0 0 0 90 6029 NiRA I SuMOtel: 0 0 0 0 P RATIONS d MAINIENANOE OT 0 890 pcnoPawkt 137 - CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 1, 1993 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Suzanne Ota, Community Services Manager SUBJECT: CONSIDERATION TO APPROVE A RESOLUTION INCORPORATING LIBRARY SERVICES PERSONNEL CLASSIFICATIONS RECOMMENDATION Staff recommends that the City Council approve a resolution incorporating personnel classifications for library services positions for fiscal year 1993/94. Library services personnel must be included in personnel classifications. These classifications have been established consistent with the existing classification system procedures. It is recommended that this resolution be adopted establiahing the classifications for Library Services positions. Respectfully submit//d, ~ "SHZa ~a Ota -' Comb"n" y Services Manager SO/kls Attachment 1° RESOLUTION N0. 93-•~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDi NG RESOLUTION N0. 93-L42 TO INCORPORATE PERSONNEL CLASSIFICATIONS AND SALARY AND 3ENEFITS FOR LIBRARY SERVICES POSITIONS FOR FISCAL YEAR 1993/94 'WHEREAS, the City Council of the City of Rancho Cucamonga has determined that it is necessary for the efficient operation and management of the City that policies be established prescribing salary ranges, benefits, and holidays and other policies for employees of the City of Rancho Cucamonga; and WHEREAS, the City Council of the City of Rancho Cucamonga recognizes that it competes in a marketplace to obtain qualified oersonnet to perform and provide municipal services. and that compensation and conditions of employment must be sufficiently attractive to recruit and retain qualified employees; WHEREAS, the City Council has approved the transfer of City library services from the County to the Citv: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: SECTION 1: Salary Ranges ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES (Monthly Amounts) Control Min imum Paint fl ass Title Step Amount Step Amount Librarian I 396 2,497 436 3,048 Librarian it 418 2,786 458 3,401 Library Assistant I 314 1,659 354 2,025 Library Assistant II 350 1,985 390 2,423 Library Clerk 309 1,618 349 1,975 Library Manager + 520 4,634 560 5,657 Library Technician 390 2,423 430 2,958 + Denotes Executive :lass PASSED, APPROVED, and ADOPTED this 1st day of December, 1993. AYES: NOES: ABSENT: Dennis L. Stout, Mayor ATTEST 1~ DATE: December 1, 1993 CITY OF RANCHO CUCAMONGA STAFF REPORT TO: Mayor and Members of the City Council Jack I-at4 AICP, City Manager FROM: Jerry B. Fulwood, Deputy Cily Mattager SUBJECT: SOUTH ETIWANDA PROPOSED DRAINAGE DISTRICT On November 3, 1993, City Council directed staff to bring back information on the formation of South Etiwanda Assessment District to address concerns expressed by City Council and property owners. Staff requests that City Council rnntinue the item for sixty to ninety days so that we can address the following items. • Have proponents of the Distrito determine the curtent number of property owners who are still in favor or opposed to the Distrtd's formation. • Determine an agreeable option for addressing drainage solutions along with appropriate financing and district formation. • Meet with property owners to discuss above rnncerns. Respectfully subm>itt~ed, erry B. Fulwooi~` Deputy City Manager JBF:dk 1~ CITY OF RANCHO CUCAMONOA MEMORANDUM DATE: November 30, 1993 T0: Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Barrye R. Hanson, Senior Civil ngineer SUBJECT: ITEM D-4 - APPROVAL TO EXECUTE A REIMBURSEMENT AGREEMENT (DRA- 21) IN CONNECTION WITH DEVELOPMENT OF TRACT N0. 14866 FOR THE CONSTRUCTION OF A PORTION OF THE ALTA LOMA CREEK CHANNEL ALONG THE EAST TRACT BOUNDARY, SUBMITTED BY THE PENNHILL COMPANY. One of the affected parties to the subject agreement has expressed a strong objection. Therefore, we request Item D-4 De pulled from Lhe agenda to allow us time to work with all the parties and come to an agreeable solution. WJD:dIM RANCHO CUCAMONGA FIRE PROTECTION DISTR[CT MEMORANDUM DATE: TO: FROM: SUBJECT: December 1, 1993 Mayor and Members of the City Council Jack Lam, AICP, City Manager ~ )J,1~~It j ` L. Dennis• Michael, Fire Chie~~°' ~ Invitation to Attend Installation Luncheon on 12/16/93 and a Legislative Reception on 12/17/93 The San Bernardino County Fire-Arson Investigators and Fire Prevention Officers Associations are holding an installation luncheon with State Attorney General Dan Lungren as [he guest speaker on Thursday, December 16, 1993 from 11:00 am to 1:00 pm at the San Bernardino Elks Lodge (see attached flyer). Additionally the following day, December 17, 1993, the San Bernardino County Fire Chiefs Association and the San, Bernardino County Fire Services Coalition are hosting a legislative reception from t 1:30 am to 1:30 pm at the City of Loma Linda Civic Center (see attached flyer). Invitations are being sent to State, County and local elected officials. I would like to extend a personal invitation [o each of you who would like to attend either one or both of these events. Please contact either Debbie Adams or myself if your schedules will permit attendance so we may R.S.V.P. on your behalf. LDM:rcd cc: Debbie Adams, City Clerk ~~4N ~EI•tN~4RDiNt~ C(~UNTI' FI!~,E-41~~~ }N IN~~ ESTIi~AT[~R~/ FIRE ~REL+EPdTIt7N taFFI~ERS !~~ST~4LL4T!t=~N L! !N~ FIEt }N ~~.+EST SP'E~41~ER tl~N LUN~REN ~,T_,4TE ,4TTt_~RNEI~' ~ENER~4L TN~.!f~~.12-1G-~:~ TIME:11 OCR-13C~t~ ',~ E~I~~ Lt=aDGE/5~4N F3ERN~41tGINt? ~, ~ti.~.5 ELI~S aRIL~E (~~FF HIt:;HL4NCi ~4t~+E.~ ~;t?ST:~tl.t?4? PER pERSC!N ~E~4T1`~~G LTG./~,"~ti'F' G4 ~E~:;.l w T t:,t_iNT4~:T: 4L RtC::~E ~ ~~~~ ~~~ CNINC , 4.Y P:nE PS~'11N iE1~714-333-1a11 Dec 01.93 1447 No.Cl? P.03 THE SAN BERNAADINO COUNTY FIRE SERVICES COALTfION THE SAN BERNARDINO COUNTY FIRE CHIRPS' ASSOCIAT[ON HOST A LEGISLATIVE RECEPTION FRIDAY, DECEMBER I7, 1993 11:30 A.M. - 1:30 P.M. BRINGING TOGETHER 5AN BERNARAINO COUNTY'S FIRE SERVICE LEADERS AND T[D;IR ELECTED LEADERS ALL STATE, COUNTY AND LOCAL ELECTED OFFICIALS ARE ENCOURAGED TO ATTEND!!!! Lome Ltada Civic Center R.S.V.Y. Dlarly Aeadrkk5 25541 Berton Road by: Deeambar 14, 19D3 Loma Linda, CA (969} 799.1b53 (TB Mep 2>t-C4) ~~CHYNO VL'+ rr"iF.E HDMIN ?EL:714-'093-1411 Dec 01.93 14:4? No,012 P.02 ~an Bernardino County Fire Services Coalitii 15091 La Palma Drive; Chino, CA 91710.9613 (714) 397-9686 ext. 231 `~'.' November 29, 1997 Senator Don Rogers 17th senete District state of California 1326 H Streat7 / 15 Bakersfield, CA 93301 beer senator Aegarae mhe son aernardino county lira services Coalition and the tan Bernardino County Pira Chiaf~n Aaaociation era ioininq to hoot a reception for oux olaotad lwdare, Fziday, Daeowbor 17, 1993 betwaon 11:70 AM and 1:70 pN at Lom- Lihda'a Civio Cantor, 16641 Eazton Road in Loma Linda (TB xnp 1a C4). In addition to yourself, we are inviting nil atnte legialatota lhet represent ban Barnardlno County, oounty rupezvioora~ locally Bleated off is Leis and others Prow surroundiwq countiaa. It is hoped Chn't by bringing fire service lnndere together with our elncted lenders, the improved communicntion and lemiliaritY to each other and our rolaa will fecilitnte greater service and improved fire and life anfety in our communities. It would mean very much to us 1! you would attend and va look forward to working with you Co assure the fine6t public enlety services 1n Snn DernardEno county and chrougnout the State. ?lease RSVP Marty Hendricks by December 14th at (909) 799-2051. ThnnK You, DAN COFFMAN, CHAIRMAN sAN 6ERNAROTNO COUNTY FIRE sF.RVICES COALITION RepreteMie! FNr Depa•tmena, Labor & Mam`emeal O~sanluNsaf k IAt Mea6m of eA~ San 9<rnorAtno Coanry fU~ Sarla. ~ E+C - 1- 9 3 W E D 1 5 5 6 M g R K M q N a"l g R C 2 Y N S K 2 P 0 2~ 0 2 AGREEMENT FOR HITRDRANAL FROM OC UNTy LIBRARY @yg"jpj~ This Agreement is made and entered into as of 199_, by and between the CITY OF RANCHO ! CUCAMONGA, a municipal corporation (sometimes hereinafter "CIT't"), and the COUNTY OF SAN BERNARDINO, a body corporate and politic (sometimes hereinafter "COUNTY"). RECITALS A. COUNTY has established a County Library System pursuant to Cal. Education Codo Section 19100 and maintains a branch librery at 9191 Baseline, Rancho Cucamongn, California. CITY has at all times previously been a participant in the County Library System. B. CITY has provided notice to COUNTY, pursuant to California Education Coda Section 1910d, that CITY desires to withdraw from the County Library System, effective July 1, 1994. C. The parties intend to etfectuata CITY'S daeire to withdraw from the County Library System, effective July 1, 1994, and the parties intend thaL• as of that dote, CITY shall cease to participate in the benefits of the County Library System, and the property situated in CITY shall not he liable !or texas Por County librery purposes, pursuant to California Education Coda Section 19106. D. CITY and COUNTY daeire t0 ettectuattl the transfer Prom the COUNTY to CITY various assets pertaining to the Rancho Cucamonga Branch Library and provide Por a reallocation of property taxes. 1 .D E C- 1- 4 3 W E D 1 5 0 1 9 M g R K M q N a g R C Z Y N S K Z P 0 2 i 1 3 NOW, THEREFORE, CITY and COUNTY hereby agree as follows: 1. Definitions. As used in this Agreement for Withdrawal from County Library System, the following words shell have the following meaning: a. $greement. This Agreement for Withdrawal from County Library System. b. Book collection. The book collection that is located in the Building, excluding items donated specilically to the Rancho Cucamonga Branch Library, CITY or Trust for library purpoaea. The circulation and reference collection of approximately 53,000 volumes, vertical file materials, government documents, maps, paperback baoke and other media materials, exclusive of items donated specifically to the Rancho Cucamonga Branch Library, CITY or Trust for iibra ry purpoaea which are still in circulation. c. Huildinc. The building which constitutes the Rancho Cucamonga Branch Library located at 9191 Baseline RoaQ, Rancho Cucamonga, California. The building excludes all Fixtures and is more specifically described as a one story building, of approximately 10,800 square feet, and is the only improvement situated on the Land. d. CITY. The City of Rancho Cucamonga, a municipal corporation. e. COUNTY. Tha County Of San Ber06rdinO, a body corporate and politic. 2 ~D E C- 1- 9 3 W E D i s 2 0 M H R K M A N e'7 4l R C 2 Y N S K I P 0 3~ 1 3 f. County 1~1~• Tha Library System established ahd maintained by the COUNTY. g. $qyi ment. The equipment located in the Hullding, including the computer data base and excluding those ltems donated specifically to the Rancho Cucamonga Branch Library, CITY or Trust which have not been replaced by the COUNTY. h. Fixtures. Tha fixtures, attached to the Building provided for library services, excluding those items donated speclf icelly to the Rancho Cucamonga Branch Library, CITY or Trust. 1• Furn turn. All furniture located in the Building, excludin4 those items donated specitically to the Rancho Cucamonga Branch Library, CITY or Trust. j, yg~. The parcel of land designated as Asaessor~s Parcel No. , consisting of approximately acrae, located at 9191 Baseline, Rancho Cucamonga, California, and more specifically deecribad in the Daed attached hereto as Exhlblt _ k. BanChO Sstcamonae BLiiDSeh y1bL0LIL. The branch library of the Sen Bernardino County Library System, located at 9191 BASeline, Rancho Cucamonga, California. 1. $9A4h2 Cucamonga gs.;pgb yi&ZdLy S.NpD~amental FyB~. The Rancho Cucamonga Branch Library Supplemental Fund shall mean that account maintainee by the Covnty of sntt Bernardino and/or the county of san Bernardino Library system on D E C- 1- 9 3 W E D 3 5 : 2 0 M g R K N q N ~ g R C Z Y N 5 K I P 0 4~ 1 3 behalf oP the Rancho Cucamonga Branch Library and further identifiefl as that portion of the County Library Fund allocated to the Rancho Cucamonga Branch Library and as presently maintained in the San Bernardino County Credit Union. 2. g~jLo Cucamonga Qranch Library Build ins ~ 1LZSB~• The Building and Land shall be transferred Prom COUNTY to CITY as of July 1, 1994. in order to effectUat• such transfer, coUNTY egress to eXecute and deliver to CITX no latex than June 30, 1994 a Deed in the form attached hereto dS Exhibit `. CITY shall be raeponslble for payment of all taxes, tees, costa and other charges arising out of the transfer of the Building and Lend to CITY. Any title insurance purchased for the tranaPaY to CITY shall be paid for by CITY. Thn Building and Land are being transferred to CITX "as Ss," and COUNTY makes no warranties with respect to the Building or Land. CITY acknowledges that the Land ie subject to a restrictive covariant end agrees to comply with such covenant. Risk oL loss from Lira or other casualty to the Building and Land will be on the part of COUNTY through June 30, 1994, and will shift to CITY on July 1, 1994. COUNTY shall deliver possession of Land and Building to CITY no later then July 1, 1994. 3. $pp~j1.Q CBcamonga ernnch LSbreTrv gQ..Qli Collection. The Pa rhea shall, prior to the transfer of possession of the Land and Building to CITY, mutually prepare a schedule defining the Book Collection. Any items subject to dispute at the dato of Cranafer shall be segregated and the issues subjected to judicial 4 EC- 1-9~ WED 15:21 MgRKMgN a gRCZYNSKI P05i13 arbitration. The Book collection shall remain the property of COUNTY. COUNTY shall remove $oek collection from Building within thirty (30) calendar days after the opening of the CITY'S neW interim library facility or as may ba set forth in a subsequent transition services agreement. 4. Furniture pp~ Eouicment. The Parties shall, prior to the transfer of possession of the Land and Building to CITY, mutually prepare a schedule defining the Furniture and Eguipraent. Any items subject to dispute at the date of transfer shall bo segregated and the issues subjected to judicial ark itration. The Furniture and Equipment shall remain the property o! coUNTY. COUNTY shall remove the Furniture and Equipment from the $ullding within thirty (90) Defender days alter the opening of the CSTY's interim library facility or as may ba set forth in a suAsequent transition services agreement. 5. Fixtures. The Parties shall, prior to the transfer of possession of the Land and Building to cITY, mutually prepare a schedule defining the Fixtures. Any items subject to dispute at the date of transfer shall be segregated and the issues subjected to judicial arbitration. Notwithetahding eny provision of laW, the Fixtures shall remain the property oP COUNTY and COUNTY shall use beat ePtorta to remove said fixtures without significant damage to the Building or Land. COUNTY shell 6e Yesponsible for all costs of removal of Fixtures, including, Aut not limited to CITY personnel costa. S b EC- 1-4o WEA 15:22 MARKMAN ~ ARC2YNSKI P06~13 6. Rancho cucamonaa Branch Llbrarv Sy~pglement Fund. The Fund shall be transferred from COUNTY to CITY ae of July 1, 1994. COUNTY and CITY agree to cooperate, complete and execute all documents necessary to effectuate such transfer. 7. P;vments YQS fixed costs. In order to reimburse COUNTY for fixed costs, which CITY hereby acknowledges have bean spent by COUNTY, CITY shall pny to Covnty Library the following sums by the following dates: Bad `~1~ June 30, 1995 $100,000 JUhe 30, 1996 100,000 June 30, 1997 100,000 June 30, 1998 100,000 June 30, 1999 100,000 June 30, 2000 50,000 June 30, 2001 50,000 JUne 30, 2002 50,000 June 30, 2003 50,000 June 70, 2004 50,000 Total $750,000 If CITY fails to dispatch any sum by the required due data, the total of the sums not yet due end payable shall immediately become due, at the option of cooNTY, and c1TY agrees thaC the COUNTY Auditor/Controller may offset the entire amount due, without interest, against any property tax allocation otherwise due to CITY. The amounts due shall be payable either in lawful 6 i'E C- 1-93 WED 15:22 Fiq RKMgN a gRC2YNSKi P6T~1:~ money of the United states or by any commercially reasonable negotiable instrument. CITY may, in its sole discretion, elect Go effectuate payment to coVNTY by directing COUNTY to deduct each individual sum identified above (plus an administrative tae not to exeee8 two percent (2t) of the amount deducted) from the amount of revenues to be paid pursuant t0 paragraph 10 herein. Such notice in writing, shall be delivered to COUNTY not leas than one hundred twenty (120) calendar days before ouch sum 1• due. Timely receipt of said notice by COUNTY shall constitute conclusive and binding prcoP that such payment has been received in a timely manner by COU:iTY. 8. ~ rarv $~~. COSiNTY personnel may apply for CITY employment in the Rancho Cucamonga Branch Library in the same manner as other indiv lduala. 9. Transitional ~. The parties shall negotiate in good faith to roach agreement by aeparete contract for transitional services, to be rendered by COUNTY to CITY, in return for adequate consideration, to assure continuity of services prov idad by the Rancho Cucamonga Branch Library. CITY shall notify COUNTY by March 1, 1994 oP CITY~B intent t0 contract with COUNTY for transition library services. 10. )~,, S,y51Q ',9104 T.~x Shift• Effective July 1, 1994, the property tax allocation to CITY Prom COUNTY shell ba adjusted in the following manner in order to comply with the provisions of California Education Coda Section 191041 7 D'E C- 1- 9 3 W E D 1 3 2 3 M g R K M q N a g R C 2 Y N S K I P 0 0/ 1 3 a. nil ad valorem tax revenues and/or proceeds derived from the real property located within CITY, including that of any land annexed to CITY, which otherwise would be allocated to the County Library pursuant to law shall be allocated to CITY and apportioned in a time and manner consistent with COUNTY'S delivery of all other ad valorem tax revenues and/or proceeds which COUNTY otherwise transfers to CITY. COUNTY shall be responsible for calculation of the base amount and shell provide verification of such calculation at CITY'S request. b. All monies which are or era to be allocated to the County Library System pursuant to thet certain document entitled "Agreement Regarding Rancho Redevelopment Project Area" made and entered into February 21, 1982 by and between the City of Rancho Cucamonga, the Redevelopment Aganoy of the City of Rancho Cucamonga, the County of San Bernardino, the County of San Bernardino acting on behalf of the County Library and the San Bernardino County Flood Control District shall be reallocated by subaequ~nt agreement. c. The parties agree that the annual amount derived from the addition of subsections 10 a and b hereinabove shall define the adjustments for appropriations to CITY anfl Lrom COUNTY and/or County of san aerna111no County Library pursuant to Article XIII B Section 3(a) oP the Ca1lPOrnia Constitution. 11. CITY provision Q~ )'may; services ~4 ~QUNTY Kesi ants. CITY agrees to provide municipal library services to residents of the unincorporated areas of COUNTY on the same terms 8 D E C- 1- 9 3 W E D 1 3 2 4 M g R K M q N ~ A R C 2 Y N S K I P_ 0 9 i 1 3 and conditions, and with the same privileges as are accorded to residents of CITY. 12. Proration y,{ gtilities. All costs of utilities and other services (e.g., gas, elect:-icity, water, and telephone) shall be prorated between COUNTY and CITY as of July 1, 2994. CITY shall take all necessary actions to ensure that utilities and other services are transferred to CITY as of JUIy 1, 1994 and shall pay all costs of transferring and connecting ouch services. 19. Notices. Any notice, demand, request, consent, approval or communisation that either party desires or Sa required to give to the other party shall be in writing and snail be deemed given as of the time of hand delivery to the addresses set forth below, or upon date oP delivery by Vhited States mail, postage prepaid, by ragietared or certified mail, return receipt requested. Unless notice of a different address has been given in accordance with thi.a section, all such notices shall be addressed as follows: If to CITY, to: City of Rancho Cucamonga Attn: City Mnnagar 10500 Civic Center Drive Rancho Cucamonga, California 917J0 IP to COUNTY, to: County Of San Bernardino Attn: AAO: ass 777 E. Rialto Avenue San Bernardino, California 92615-0710 14. Indemnification. CITY agrees to Sntlemnity, defend and hold harmless the COUNTY and its authorized agents, officers, volunteers and employees against any and all claims or actions arising from the ncte, errors or omissions of CITY, its 9 DBE C- 1- 9 3 y E D 1 5] 2 4 M A R K M p N ~ p R C 2 V N S K I P l 0/ Y 3 authorized agents, officers, volunteers or employees. CO[niTY agrees to indemnify and hold harmless CITY and its authorized agents, officers, volunteers and employees against any and all claims or actions arising from the negligent acts or omissions of COUNTY, its authorized agents, officers, Volunteers or employees. 15. Entire Aareement; Mod if ieation. This Agreement contains the entire agreement between the parties. No verbal agreement or implied covenant shall be held to vary the provisions hereof, any statements, law or custom to the contrary notwithstanding. No promise, representation, warranty, or covenant ttot included in this Agreement has been or is relied on by either party. 16. Gove~Dina y~i; Venua• This Agreement shall be construed and interpreted in accordance with the laws oP the State oP California. Venue for any lawsuit which pertains in eny way to this Agreement shall be County of San Bernardino, Central District. 17. Waivers The waiver by CITY or COUNTY of any breach by the other party of any term, Covenant, or condition herein contained shall not be deemed to be a weiVer o! any subsequent breach of the same or any other term, covenant, or condition herein. Nor shall the waiver of any breach ba desmnd to be a waiver of thn term, covenant, or condition that was breached. The subsequent acceptance of the performance by COUNTY or CITY oP any obligations hereunder by thn other party shall not be deemed to be a waiver of any preceding broach oP any term, 30 h E C- 1- 4 3 W E D 1 S : 2 5 M g R K M q N u'~ g R C Z Y N 9 K i P 1 1/ 1 3 covenant, or condition of this Agreement, regardless of CITY'S or COVNTY•S knowledge of such preceding breach at the time of acceptance of such performance. 18. Exhibits. All exhibits t0 Which reference is made in this Agreement are hereby incorporated by reference. ls. ,c~verabiiity. The invalidity or illegality of any provision oP this Agreement shall not affect the remainder of this Agreement and all remaining provisicns of the Agreement shell, notwithstanding any each invalidity or illegality, oontinue in full force and effect. 20. Joint Autilorshin. This Agreement was jointly negotiated and jointly drafted by the partiae and Chair reapactSve attorneye, anfl it shall not be interpreted or construed in favor or against any party on the ground that said party drafted the Agreement. 21. Bg~AQpS. Qi, Transfer. NeltheY Chie Agreement nor any rights or obligations hereunder shall be assigned or otherwise transferred by COUNTY or CITY without prior written oonsent. 22. centions gpfl raracranh }7Ap~pg.4. Captions and paragraph headings used herein are for convenience only nna are not a part of this Agreement end shall not ba used in construlnq it. 11 . D E C- 1- 9 3 W E D 1 5 2 6 M A R K M A N a A R C 2 Y N S K I P 1 2 i 1 3 IN WITNESS THEREOF, the parties hereto hnve executed this Agreement es of the day and year first written above. COUNTY OF SAN SERNARDINO CITY OF RANCHO CUCAMONGA Cha rman, Board of Superv sore Dated SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THS BOARD Clerk of the Board o! Supervisors o! the County of San Bernardino Approved as to legal form: Approved as to legal form: ALAN X. MARKS „ County Counsel By By Deputy xu»~ncawilxo~ac a~.~ 12 '~ yl~l c:zzz yr zznra.nv e;va:eunvwvn Gym-' MEMORANDUM ~ DATE: October 13. 1993 TO Mayor and Members of the City Council Chairman and b1embers of the Planning Commission FROM: Duane A. Baker, Assistant to the City Manage SUBJECT: STUDIES RELEVANT TO THE PROPOSED ADULT BUSINESS ORDINANCE Scheduled for the Planning Commission's and City Council's consideration in early Nnvcmhcr will be a Development Code Amendment and a new Ordinance, respccti vcl y, relating to development standards (or adult oriented businesses. A component n( the new legislation arc findings that adult businesses have a blighting effect ^s well as other negative effects on the community. Attached (or your review arc studies from other communities which document the negative effect of adult businesses. These findings will be used in our legislation as supposing evidence for our findings. In addition Io the studies from other communities, attached is a study conducted by our Planning Division quantifying space that i5 available within our industrial area which could accommodate adult businesses. This component is also a critical part of the legislation as it helps establish the areas where adult busincsscs could be allowed to locate. In order to have an ordinance that will withstand a Icgal challenge, the City can't outlaw adult busincsscs categorically. However, the City can establish reasonable criteria and zones to which adult busincsscs can be restricted. Our study establishes the roses in Rancho Cucamonga and helps support our assertion Char the area involved is a reasonable one to which we can restrict adult businesses. This information is being forwlyded to you for your reference prior [o this item coming hcl'nrc you. Currently, the Planning Commission is scheduled m hear this item nn November 10, 1993 (allowed by the City Council on November I7. 1993. Should you have any yucstions regarding this information, please don't hesitme to contact me ar Dan Coleman. UA6/dab ;utachmenl il. ~,.. cc: Jack l.um, AICP. City Manager Jerry Pulwnod. Ucpwy City Manager (w!o attachmenQ Rick Gomci.. Community Development Director (w/o attachment) Brad Buller. City Planner (w/o attachment) Dan Coleman. Principal Planner (w/n attachment) CITY PLAN CASE N0. 2c475 Council File No. 74-452'. -S.3 STUDY OF THE EFFECTS DF THE CON==NTRATION OF ADULT ENTERTA2NMENT ESTABLISHHENTS 1N THE CITY OF LOS ANGELES Prepared for: Planning Committee of the Los Angeles City Council Prepared by: Los Ange?es Ltty Planning Department June, 1977 TABLE Of CONTENTS Pace Summary and Recommendations. 1 1. Findings. . . 4 II. Purpose and StoDe 7 III. Methods Currently Used to Regulate Adult Entertainment Businesses 9 0.. Approaches to the Regulation of Adult Entertainment by land Use Regulation 9 1. Boston Approach. ~. 9 2. Detroit Approach 10 3. Variations Adopted Dy Other Cities 10 8. Alternate or Supplementary Forms of Regulation Currently Available Undtr State and Municipal Lax 14 . 1. Red Light Abatement Procedur! 14 2. Police Permit Requirements '.5 C. Other Regulations of Adult Entertainment in Los Angeles 18 IV. Methodology and Analysts 20 A. Changes in Assessed Valuatfon Between 1970-1976 22 1. Study and Control Areas 22 2. Conclusion 25 B. Publfc Meetings 27 C. Questionnaires 32 1. Description Of Survey 32 2. Results of Survey 33 D. U.S. Census and Related Data A4 • 1. Description cf Hollywood using '"- 'Cluster Analysis' 44 TABLE OF CONTENTS (cont'dj 2. Description of Studio City and North Hollywood using Census Data 4J V. Poli ce De Dartment Study of Hollywood 51 TABLES I. No. of Ordinances Regulating Adult Entertainment Uses '. IS II. Ordinances Regulating Adult Entertainment Uses by OisPersal 13a III. City Council Files Relating to Adult Entertainment 19a IV. 1970-16 Changes in Assessed Valuation . 24a V. Studio City, North Hollywood and City of Los • Angeles Comparison of Census Data 48 VI. Reported Crimes and Arrests 196.9-75 - Hollywood and City of Los Angeles 53 E%HIBITS Exhibit A - Generalized Location of Adult Entertainment Sites in Hollywood and Central City, by Census Tract 22a Exhibit B - Generalized~Locatian of Adult Entertainment Sites in Studio Cfty and North Hollywood, by Census Tract 22b APPENDICES A. Assessment Oata - 1970 and 1916 8. Form General puestfonnaire C. Form - Appraiser puestionnaire D. Response and Summary of Privately-Distributed puestfonnafre (not a Dort ion of stuoy) E. Data from U.S. Census - 1960 and 1970 °y . SUMMERY AfiG P..COMMEhDATIC"'S A. Types of Ordinances to Contrcl "Adult En:ertainr,.enr" U;es ~ '~. Twc Tethods of regulating adult znt~rtainme~t business via land ~-~ use requlat,i ons have tlevelcpetl i^ tha 'Jn itid States. They are:_ 1) the concentration of such uses in a slot, le area of the city '` -~ as in Boston; and 2) the dispersal of such uses, as in the Ctty _.,; ;~~± of Detroit. The Detroit ordinacce has been . chailenaed and ~~,_,~~,,. upheld by the U.S.' Supreme Lourt (4ounq vs. America r. ~'...~., Mini-Theaters, 96 5. Lt. 171," 1976). _~..; -. ,. .,,~, .., _, .~.~ y>'. + :. -. v B. Effect of 'Adult Entertzince^t~' Businesses ~on !hn~'C ommunity~,. ". rv%~~'~'`.t' There has been some indication Lila! thn nonce ntrat ion of "adult ~_ _' entertainment" uses results ire increaszd crime and greater police enforcement problems. In the City of Los Angelis, the ~ . los .4n ^yeles Police Department has sound a link between the concentration of such businesses aid increased crime in the ,. Hollywood community, (The major portion of a Police Department report on this subject is here ir. contained.) Mhile several major cities have adopted ordinances similar to the Detroit ordinance, no other major ~city~ltas, tc our..knowledge, adopted a ~ ' Boston-type ordfnance.~. - ~ '. ~ ~ •• ~~ .. ... ._:.. .;. ,.- ~•. ~ .. it ... ': ,.._., 'LS-*~',. :- . .. r.t C; :;tit; ..; Testimony received at~twa public meetings on this~~subject hn5`~~'°ry'`-~= revealed that.,there. is .serious puDlTC ~ concern aver the ..~:.. •. ., ~proTiferatton of pdult~entertainment businesses:particularly Tn,~- ~~ 'the Hollywood area. 'Citfzens Dave testit led of being afraid to'~~y ~, y, walk the streets; ghat sore businesses have Left ~ the area or ;.:;.r: ;. Dave modified their-.hours of operation; .and that they are ;:~'~~' ~~~ fearful of children being confronted by unsavory ~~tndividuals or'" ;~?'?;' of being'` exposed to ,sexually explicit 'nnterial, Apt:~;~F representative of an adult :heater.chnin testified to support of .~ ,. ;. the manner ~in Nhts:h this business was run and to support of ~ the,!_~~Yq K,- ' type of 'clientele ~ Nhfch~~aitend,;,the riheaters. •: The . PTanning ~.~~;~` ^r' Department staf t';.'ts %i oT;?ahe~~ oDintort, that ~ - t1ie~. `" degree ~ ~ af.~~~ ";deleterious effects`;of:i.adult.: entertninment~~~bu:inesses depend ~' .largely an'the partTdular;,typesot,;hustness.and on'_haw any'sucA~.f' bVSiness is operated. 'o-; ~ .. ~~.. ~. ,~.:, r;: A patl sutra -~ ~}'~ y qu¢stlornaire -conducted hy~the Planning, Department ,`~ .'.:hoc Landed,-td' empbastze "yenerai ..public concarn over the`'~`~ ~a:,~proTl7aratlart'~of~..sea-orierlte'd~.:businesses and has~~~' indicated.s~-~~ ' ~';'r.further,, then., apDraisers,,;°.realtars,.and. representatives~....ot `" lending ,institutions are _; generally of the optnion that ~` !`i,concantratton~, of ,'. adult entertainment bustneties exerti` ..a ~' negative economlc~~~Ympact on both business and residenttet~~'-x'. properties. ~ They .feel that the degree of negative impact"''.'" daponds upon the degree of cenceniratton' and on the speC111c ••f:t;type of edulL antertainment business:- -+• ~~ °°5.t:-+"?`~ ,.. ~ + ti~ ~.r s.: t, ~. ~t +r..:cl 'a wt+W.Y•.'w 1. .I.Y^-.7t.+F~, yT-;s'r~nr; ~+':! t ,3 ~+['.i'_4Ly.a_L.MNN'1~WM ;,y ~f~C'~ 1Y)Y Y.+~ry :,{1. 1~rv 1i^.,~ ~~ i$ YY ~] lC'./l r.•Ja'YW!''.~~~ iN'.\ .. : ,~ sarv • The 1970-76 chznge in the assessed value of residential an c' commercial properties containing concentrations of adult enter- _ tainment businesses was compared with other areas without such concentrations, and with the City as a whole. On the basis of this comparison, it cannot be concluded that properties containing concentrations of adult entertainment businesses have direct lp influenced the assessed valuations of such properties. • Data and analysis based on the U,S. Census of 1970 and certain~~~~ '~ trend data from the censuses of 1960 and 1970 as aDPlied to `'~~'^" areas of the City containing concentrations of adult , entertainment businesses are included in the body of the report and to the Append tx. ,,, - C. Scope of the Ordinahces Enacted by Other Jurisdictions ;,.~ ~"~' "~ The scope of "adult entertainment" ordinances encompases a has ~cons~deredl°adultventehtatnmentxamestablishmenttngtoe5inc hide adult bookstores and theaters, massage parlors, nude modeling ' studios, adult motels, arcades, and certain similar busfnesses. _ Many other ordinances studied, however, are less broad 1n theft coverage. The Detroit ordinance, for instance does not regu sate massage parlors or adult motels, nor does it provide for the _ closing of any such busfnesses by amortizntfon, whfch would be ~~~'~~'+~'~ Y ..~,.,;, ..._ necessitated b the retroactive appiTCation of- such ~ an " ~.~.~~~ ordinance. Table Ion page 11 indicates the ordinances.,,reveiwed„~„ • ~.~and the mafdr categories of uses they regulate., ~~ Effect ~of ~Ordlnarices Enacted b Other Jurisdict ton s•: ~Fhe ..U,S. a:.fi>= upreme ourt n Youn vs. American Mini- eaters pointed Out ~ '.~"~'~'.7 as one of the bases or upho ing e e rot ordinance, that •.,_"`~?~, , the regulation did not T1mit the number of "adult entertainment` ~ ~~~' 4" businesses. Our study has fndicated that. the prectfcal effect,~~p5~a..`••: of .literal adoption of 'Detroit"~ Tanguage` wfthout modiffcation,,,~ ~ ~~"', ~. in the Cfty cf Los~_Artgeles . wculd be~.,.to','afmit• the Dotentfai:_s '.locations far' such: busfnesses rather seve~ely.~ Due ~to,}theiys,~ . predomtnance of co~merctal zoning fn °'strips• along •ajor and;;;_Y~ . secondary streets, an ordinance preventing 'adult entertainment", ,. ,•, business from locating within 500 feet of residentially zoned ~~~~°"::': +~!Z property would, in effect, limit such businesses to those areas ;~ ,~,,,.,w of the City where there fs commercial zon in ~~~~~~ • ;feet in depth:.. Areas with such comme~ciaTgrfrantageanrouid~~~`r~`~~ fncJude downtown Cds ~Angeles~ a:. smeTT part of Hellywoed•, afford~da aseparatian Ciof thiswfdistancel "froms restdentfal~~?. properties. The .l imitation~of 1,000 feet between establishments (as provided in' the Detroit ordinance) would likely _be ,i..,''i inappropriate in.the Ctty of Los Angeles inasmuch as coMercial'~• r?, zoning is located in a. strip pattern along most of the -Cfty!,~,~ . approximate 1,400 mfles of maJor artd secondary hTghways.~~~(IC is+ • estimated that approximately 400 miles of such •stri ~~' commercial zoning exists. to the City.) ~ :,_;..,:.P,.~i~" - .~~. ~ ., .q-..r r n ,. ~ " D. Recommendations I. If the City Council should find it advisah le in lighi cf • the findings of this report to recommend the preparation of an ordinance to control adult entertainment businesses, such an ordinance should be of a dispersal type rather than a concentration type. (To build a planning policy basis for such regulation, the Council may also wisA the Panning Department to consider the development of appropriate ~~ policies for incorporation within the Citywide Plan.j _ Z, If a dispersal type ordinance is recommended by the City Council, the Planning Department is of the opinion that Such an ordinance should be. desfyned for specific application in the City of Los Angeles, rather than the direct adoption of the Detroit model. It such y dispersal type ordinance is recommended for enactment locally, it should consider: a. distance requirements between adult entertainment estah iishments. The Dlann ing Department recommends that a separation between estabtishments greater than ~ ' 1,000 feet is necessary and desirable. D. distance requirements separating adult entertainment ~ _~ establishments from churches, schools, parks, aad the ~~~ . like. The Planning Department suggests that a:,.::~'. ~~,~ ~ ~~~~ separation of et least 500 .feet is necessary. A ' -similar dis ante separat ng adult entertainment uses ~~- from single-family residential development should also De considered. ~ . - „,;;,~r c. 'the. possibility of enattfng additfonai provisions to . regulate signs and sfmtlar forms of advertising should .,,'w,?,' also be considered. -• ~~~ ~~ ~_3. If the City Council shauld1ftnd`tt.,~aEwtsahTec to •~reco~nomend.L..hoE.,r: a1T o7 the types of 'adu1C <w.~.~ included in this study, it rhauldeconsfder~hether~kTnesuch'`~~+1`~'" uses should be in the same class aad subject to tAe same ~° ' regulations. 4.. Should the C4ty-'- Council recommend' the ~~ ~ ~ ' ~ "". "~',:':,,~.;..`3.. xoning ordinance to re ulate Dre9arotion af. a ,~_„ - ~~ businesses, other sections of the Munit~lt entertainment to the subject, including police feel Cade relating...' ~,~ should also be amended in order to be pconsistent~wtthenthe ~• ' zoning regulations aad to facilitate the aCminfstratfon and~-~;.~af~''-' enforcement of such regulations. ~~ :, ~, . r _, <... a'... .. ... .e.Y.: .,... .. - ... .... ,d~>. Sind 'ii K: (.. .. .r' - ~ n' 3- t ,LL4~V iiT. , ,,. 'hE Plarn tGg uBpar toert 'cCCmmenGS that '.t b2 inst~uC tc^d to rzv~ew zxSStir.g z^_n•rg ~ac~l~t;ons apply~~ng to the C4 zone w`ich cu^~~nt ly pr ehroits "strip tease shows" and that the ~ " Zpnirg Admin:stratcr tr-ougn ;nterpretation consider expanding the list of proh i'oit2d uses in said zone to inc luda addi4ional adult enterta+nment uses as herein ~~ indantified. - -~ 6. To assist in the ragul anon cf "adult entertainment° hus t- '~"~°"`~`~ nesses; the City s4ould ccntir.ue tp vigorous ly enforce 'alT ", s;".'~; existing provisions of the Municipal Code relating ,to the " ^"~.~ sub,~ect; including Zoning regulations. ~, ~ ~ ,«-;:.f' - ... .. . - .,. -ter f ~-/^' ~.':#.. i t}i. h 6d~.M/•W 't°T' Y ° ero i 3 .JAS-Lty ~'. - l ~ 1}4"~.y~ ' ._f• ~..wJL" . r, .~ .. >; ~~i J{~2 ~. df.19'b-~RA+'i`}4N i.r`r ~i ,11a-.2[f si.. Ci." u ~aK~T `~i. ....Y.-. ,. . _ .. .....-~ ._ .x-~L...-~ ~....,.._.e.~ Y. ...-., .. .... ..,. ...... .._ . ,`,'kL'. c':.r..i .... `-F~: ~~~~:&3»ytiT.Tl;~Sr~r'u)~~"pK~r>JF" H~~.Yn,:'1~4=~~. "wt.. ;~.F <.~ ~rLi.F 4 y,s~•it`Y.I. +F~.~~5hr'+!~."7~j„ kl JT..rF; ~ i ~ -' ~'^.~'t T f q R'"~i" of Y r'1~~t`+Z -~F~% w ; _ ., /9,~ ~ ~iil~+1M ^1"/l4~'Y 'i' ".S~ V '~ ~Se~I "~ t r. r?;'° V'rt 'F ~ ~C`. yeur+ria?vys~Y!.7.'sMN~4iwrizaWrr+'1~~.xas•MC+x cp .~Yjrrt~+xs .,ur ~t.%+[r' Ns+K/.ltlihl4 1. _ . EIhC:4„S .. i. A Boston-type ordinance (conc2ntr ation) to control adult " entertainment businesses would not be acceptable nor desirable "" Li the City of Los Angeles. ~ ~ ~~ ~~"~,~,'~„ ~~:;. . 2. In the event,legislatioh is enacted in the City` of LosAnge~les~O~:s~~ . there is „ adequate .basis. far. a ., petroit-t '~"y`,~'"~ ype .ordinance ~~,:~, ' (di sperslon) which requires •a distance of'. 1000 feet between ` establishments and 500 feet from residential~zones~'s•vR' °~, -- Extstin99 lot ational patterns of adult er L;r~tainment businesses (in Hollywood, Studio City, North Hollywood) actually - ~-~- represent a concentration rather than a dispersion of': ""''"' establishments. (Such patterns are contrary to the Detroit ~-~ concept and are due, in fact, to the City's strip commercial zoning pattern.) ~- - 3. If dispersion is desired in Los Angeles. an ordinance should be~ ~.' '" designed specifically for the City, (Direct application of the ;: Detroit ordinance would not be desirabTz or appropriate fn~ Los ~'""7='~ Angeles and would, fn part, tend to result in a concentration of "°'`~~' ~` such businesses.) "' 'Y'""`~~ 4 '~ Statistics provided by the Los Angeles Police Department (LAPD w' , f'. Indicate a~proporti onaiTy larger. inc ease 1n certain trines . Tn = Hollywood fron 1965 75, as compared 'with the City of Los 'Angeles.,~"n~ ~, as a whole. (Hollywood has the,largest ~concentratton of adult . ~~~entertainmentbustnessesinthe~tity.) '~.,~i.,;;.-..,•__~..i-,'~,-_-'i.,;,~~~ 5.' Statistics provided by the LAPD~indtcate that thererv has'.been 'a i's. _ large increase to adult entertainmen4 enterprises since I969,'~- , -~~~~.paritcularly„Tn Hollywood,.::;~Frba December. 1975 to December.,, 1976 ~' ~'.-:~~however,~,therQ has_,been.a dec~ease,~l,n.~such estabttshnents.~.. _.. .. _,_.-. .~_ n.~,. ..._... _,..,y.,. .. _. .~_ -•:,or ~essrwony~ontaineasy;^at.;two~rpublic:`~neetfngs.~`~an~`i'the'$' ~~~ ~ Enterta tnmertt'study ~onductea` on A r1l ~ 2J; and 28 " 1977 tndt .4'r: that. a°siy%-=1.,1Ra•,,,~`F '~.~Y r.~P P~ ~ .~ ~~, ~~,'~ y•,.. ~. t.-, ;,;;',x~, Nanry persons tncTuding the_•e~lderTy '_are:,afrald to walk ~;.. ' seYUat~lyi"expllcit nateri acs and pnsavory persons ~.,p '~'y,Ti' ~~'~iv-=tidl:._'~4D 4"a~`'+v. w'sJT.>w'!fh}p.!'_. ~,Y ~~~,,tj jai ~.. L~~Y.~~ ,,~_. Same busimsses ita~ leeger-remain open in the eveni»gs- and _ _ ~:;:~',xothers hove left the eree allegedly directly or indirectly `.'.~l";,•`• ~-i_`aue~to the csiabT4slnrtertY of-aduat.errterta-tmneTrt-bus+rtesser:.. a., ln-1io T 1 '''y''f'~' ,~~.~., a, j; ywood, sane cfiurchesVdrtve the ~e~YderTy"'td-rerrtees~ ,.~ -.. ..~. ~# /Ty `~jl'~'~`'~~~0~ f~'H~~'m'rs ~_ -•r~•c-'.~d1~+~.`u~Y.%+r'+rdj [, pe ms . oppo ~":.tire.: Zortcentrattorr- f,=. ,; . - ~. 7. Resocnszs to euestlenra'res of the L~~y Planning, T part~me~t nare ' indicated that; • - Appraisers. rea'~tcrs; lzndzrs ic. be~izve that the ccncentra:?on cf adult entzrtatnment estahlishr.ents has had adversz economic effects on both hus7nesses and residential -. prtperty in respect to market value; rental value and ' rentability/salea6{1?ty;. that the adversa economic effects d?m finish with distance Cut that the effects extend even ''~'^- beyond a 1000-f cot 'r adius; and that the effects are related _,s ~, ,~ to the degree cf concentration and tc the specif lc type of '' :try..^p adult 'entertainment business. ~ "-•~„'~ ,. v. .YL•~ ' - Businessmen; r251dents,Y etc. believe that the, concentra-~""~`-~ "= Lion of adult entertalnmer.t establishments has adverse - - effects on both the auaiity of life and on business and -~ property values. Among the adversa huslness effects c{Led are: difficulty in retaining and attracting customers to `~~ " non- "adult entartatnment" businesses; difficulty in ' recruiting Emp loyeas; and difficulty in renting office space and keeping dasirab le tenants. Among the adverse effects on _ the quality of life cited are increased crime; the effects on children; ne,ighborhaod appearance litter and graffiti.. ,'1'.:,.;,. 8. A review of the percentage'~~~changes in~ the assessed value ~of.~- 'i'"'"~` commercial artd residential property between 1970 and 1975 for ~;;ti"~~ the study areas containing concertratlens of adult entertain - ~ ~~ ' meat businesses have lndtceted that: ~ ~ G_;~r ~~•~•=~-::-The three study ,art as ', Tn Hoilwood' contalnTng ~such'~~ businesses have Trtcreased less~t an t e ollywood Community,. 3 r. and less than tho City as a whole. Two of the three study , areas in Hollywood have - increased tens than their '~ _ ~ corresponding °cantrol"areas"; however, one such study ared"'.%~ -' increased by a greater amount than its corresponding control ~ ~ s .,~v' area,.: ~ ... ,-a.D. F.,.~Yj. ,~y.~''+.:.,7;4 :;.1`S:-r. y.,wi,. :.:.~.y.s ~?t.:: =:~ ,_.~ ~ "~;r~,y, ihe~.study area to Studio Ctty ~ has 'increased ~,by.-a `~~greater-' ~V',3~k Dercentage 'than .,tts•;-.corresponding 'cantrol.: area ,Dy'°e`~ +,,.-slightly iower,percentrtge,than the Sherman Oaks-Stud'1o City „! --•- - Community; and by a'constderably greater percentage than the;-•~f entire city ~ .:. xThe -study~;nrea _tn'~NOrth' Mo}1 wood has~•~lncreased by"-,"t. +,,e~sconsfderably }ower`pe~cen age an. ts~correspondtng control"• r..:zx~i,„;area;.the. North MolTyw~aya~d;y~C,o~mmunlt and~the Ctt as a Nhote. .. Z: "rY~r~M'i w'. `..:•,"'+'y`:'~ ~ ~ rf?$~:. ~'y~.gm';L~~}<S~'Ot:MtN1r'n ..~ ~'. ~~Y-.'i::::.:'~ ~:5.:; .,%..' =~; n.. _~•,. ,.;; ~....:t:, ' -~. ~ On the Dasts .of •the foregoing '9t cannot' be~° concluded ~ fh~af` - ~° ~ adult :cntertalnment businesses have directly influenced „ ~ ^: `~ changes 1n the assessed value of commerce restdentlal_%`; ,,,.;•~t.~;!.'prapertlas 1n the areas analyzed. ~ .:...,~ `?4:"=There ~are'verlou!"'existln'~4~"''R~ ~~ "' ~ ~-'' ~ -'~'~"'"K - ;~, g laws and ~reguTetlons ~~.(other tharc'„~ zoning) 'avnila6le to af~et~~roper, regulatton~4o~ ,, adul_tky ~,, antartatnmenY-businesses'." ry~;- `~°~ ,~ „~ 10. There is a hig:^. degre= o` turnover ir. i~div'_dual zault~ ' ant?:rain-.^nt busi cessc~_ as ev'cencod cn c:.,z _ (M:~_i. o° cnir change is prc'oa6_y d_e to FoL re cnforee^.?;.t. )' 11. Tha Los Angeles City Counc i' both on its own in iti e,tive and ' tl!e c ing of ne-,.erous citizens g!. pup;, has proposed a variety,,, '~~ ' of approaches ro limiting the possibly 'd?later ious effects of ~•~~~"'~ "ad•,at entertainment" business on neig::bonc~ods. •..r ~~ "~ ~ q.,.xy:% ~. 12. At least 1^. cities' have adopted ordiaances~ sSm~iiar 'to : tie~,~;~t~\"' Detroit dispersal o[din :nee. Several other cities hate enacted "r>~~: E :~'.~~..--.othec :errs ofregulaticns.~, .. •.'` '.`~'~ ..~..".~'i:%~ ,..' ~~"~•;. 13. The Detroit ordinance does no^-,regulate massage parlors. Of the cities with regulati ens, `_hree have included massage ~ paaors ~~~ ~ ' wit::ir, the pu: view of their zcning ordinance. '""°'~ 14. vo;.e of ±he cities scr ce;~ed call cut or regulate adult metals ' o ~3r^. o° hair "adult entertainment" r dinanae. . 15. The Detroit Ordinance is~ prospective in its application and~J~ _ therefore does not include an amortization provision, i.e.' .~~~~~ ' rovide for a time '""""'"'^ • p period for the removal of existing ~. businesses. Although other such ordinances have included surh"•'-~`~'~! provisions, non_ had been validated by the courts at the time ~oC~>!!=~~_a-+ s thrs Stud ~, a. -. , i~1, :. '. Y ~, :. ¢~ ~ r J ~YY .fa ." a,i tt ~ xx ~r ~ j ^.e"-*t5 .3 ~'T'` a i.~ ~r.. 5 5 ~.., •v t ~ YS"t y..,rFS~Y?' ea ~i .X' f~Y°"'•#rx~'~ ~~?do-. .. ! i ~' ° k ." rX"~ a~rt~ 8' a, a rte a a t r • .k ~` , a' c r u Y~ ,xyf yy~ , .~ x k1~c ~`4~ ~,r'£.., 5~l ~w,), .4Y .~{.~~LU t - r7i,l.t : , ~ ~ - i'Rd`~~A°s~ok."~ V-mt ~~bga~~~t2t J~u~ir .~ ,.'~'~ rrd{ss„a ~+ .. .. ::~fi "~ Jan. v. .Lin M.r .. .. + 2~' ' _ ~.~ a .r .Al 1Y!-. ~% .. Ln _,_ ~ ~.~ ity, ~H114'~Q~ ~Jy~I.~~L~'YV~!pTr[. ~,3•~'}}~~.,~~Y~~.li.n'`.`.: SS ~iE v .' i ^r Jh±.:R+~iC Y~.,y~~M7r A~NW- ~ ~~~t.~{k'} ', .C~ nW7:`4\P nai:+: ~' art'Vn~pkJn',.a.7 ~I~~WIPAWf~YA+!`.%AF~f~li1R1R.~Mi'MalArt.~.Sl'«7Itl ~~E~-^ Tk ~ L ~ ~ .? .. _~ z. ~~ ; . _' ~~., cc _ Q ~'~ ~ ~ ';1 ~' ~ 4 • ., ,,._, awl.. ~ .. ~~~ •~:~ ~'~`' ~` ,yam ~..~T^~ i.:.~•. AMUS • i ~~ _, I ~T- ~ ~a1 ~7J~= T r .:'i 9n' r ~~~ ^~ ~~ a• - ~~ a W~ }( . y.~ ®~ //~'` r a ~'L~~ ~ ~..~~ S :~rL~ L ~ ` ..]~Yi~ Y }' w..~~! ~? ~O ~ ~" r _~ u II. PURPOSE AND SCOPE On January i2; 1S77; the Los Angeles City Council instructed this Department, withthe assistance of other City agencies, to conduct a comprehensive study. to determine whether the concentration of so-called "adult entertainment" establishments, has a blighting or degrading effect on nearby propertfes and/or neighborhoods. The term "adult .entertainment" is a general term utilized by the Planning staff to collectively refer to businesses which primarily engage in the sale of material depicting sex or in providing certain sexual services. These would Include the following: adult bookstores; X-rated theaters; adult motols with X-rated entertain- ment; massage parlors; sexual therapy establishments (other than those operated by a licensed psychologist, psychiatrist., etc.); and nude, topless or bottomless bars and restaurants. During the past few years, there has been increas Angeles over the proliferation of such businesses. The derivation of such concern is moral: sociological and economic. The Dositions public range from a "laissez faire" attitude indignatfon and demand for prohibition. ing concern in Los sexually oriented varied--religious, advocated by the to outright moral n U It should be noted at 'this time that the topic of newsracks, was not • dealt with in this study. The Drimary reason for not considering newsracks is that, in addition to the absence of a spec7f fc Council request for this Department to deal wi;h that subject; this matter has been and continues to be a topic of litigation in our state courts. Additionally, other public agencies; including the City Attorney; Bureau of Street Maintenance, and Building and Safety; are presently pursuing assignments regarding newsracks, and it is premature to determine whether newsracks could feasibly 6e studied as "adult entertainment" businesses, from a practical or constitutional atandpotnt. In giving the Planning Department this assignment, the City Council essentially called for afact-finding process to determine whether adult entertainment establishments, where they exi sl-Tn concentration; cause blight and deterioration. Mhen this question has been posed to the public, there have frequently been anguished retorts to the effect that "the answer fs so obvious it is ridiculous eo even ask the question," an4 "what is the City waiting for before it takes action to eliminate these scourges of society" On the other side of the spectrum, certain parties who are against the adoption of a~ regulations regarding "adult entertainment" question the legitimacy of the government's intarest in the suD~ect; and they have noted that magazines as "scurrilous" as those sold in adult bookstores are also available in the markets and drugstores • where the likelihood of perusal by young stars is obviously greater than within the confines of an adult bookstore (where no parson under 18 years of ege fs allowed). _7. • In completing thfs study, the Planning Department has made every effort to ensure a fair and unbiased analysis of "adult entertain- ment." The staff has Deen instructed to obJectively review information of a factual nature; and, although the personal feelings of organSZed groups and the Dub17c at large were forcefully ezDressed at the two public meetings and in the Study questionnaires, the sL aft has maintained independence from such strong emotions in evaluating the data gathered. As noted above, the staff has specifically been given the charge Lo determine rhether the concentration_ of 'adult entertainmenL• establishments has any blighting or degrading effect on the netghborhaods in whteh they reside. we did not consider the specific nature or content of the materials or services rendered, advertised or promised, for this would have constituted a censor-like role for the Department which was neither desiretl nor requested by the Council. This study has focused on the Hollywood community as welt as portions of Studio City and North Hollywood as those cress of Los ~ngetes having the greatest.concentration of "aoult entertainment' establishments. In order to assess the effect of the concentration of "adult entertainment` establishments to these areas, the staff has analyzed such factors as chenges in assessetl property vatues, and reviewed various crime statistics as we 11 as other demographic and related data as avatlab.le from Lhe U.S. Census. to addition, • the Department has reviewed var taus established approaches to the regulation of "adult entartstnmant"~Dusiness, including legislation already enacted by other ~urisdfctlons, and earlier efforts of the City of Los Angeles to regulate such businesses. By means of two DuDlic meetings on the subject conducted Dy representatives of the City Planning Commission, and through the use of a matt survey questionnaire, the Department has also attempted to provide additional documentation relative to~the actual or perceived 1mD act of adult entertainment businesses on the Community. Currant information on crime statistics has been provided in a separate. report prepared Dy the Los Angeles Police oepartment, maior portions of which are herein included. -B- III. METHODS CURRENTLY USED TO REGULATE "ADULT ENTERTAINMENT" BUSINESSES A. APPROACHES TO THE REGUlAT10N OF ADULT ENTERTAINMENT DY LAND USE REGULATION Two primary methods of regulating "adult entertainment" businesses via land use regulations have developed in the United States: the concentration approach, as evitlenced Dv the "Combat Zone" in Boston; and the dispersal approach; initia~~iy developed by Detroit. Bostcn Ap roach In Boston the "Combat Zone" was officially established by designation of an over fay Adult Entertainment District in November of 1574. The purpose of the overlay district was to create an area in which additional special uses would be permitted in do5ign ated Cemmarcial Zones which were not permitted in these zones on ~a citywide basis. • The "Combat Zone" had existed unofffcially for many years in Boston, as the area in questior: contained a majority of the "adult entertainment" facilities in the City. The • ordinance was adopted in response to concern over the spreading of such uses to neighborhoods where they were deemed to be inappropriate. Other considerations included faciiitatfng the policing of such activities and allowing those persons who do not cart to be su 6~ected to such businesses to avoid them. Under the Boston ordinance, adult bookstores and "commercial entertainment businesses" are considered conditional or forbidden uses except in the Business Entertainment District, Existing "adult entertainment" businesses are yermitted to continue as non-conforming uses, but, if discontf nuetl for a period of two years: may not 6o re-established. Establishment of uses in areas of the city other than the "Combat Zone" requires a public hearing before tho Zoning Board of Appeals. The effectiveness and appropriateness of the Boston approach is a subSect of controversy. Thero has been some indication that it has resulted in an increase in crime within the distr?ct and that there is an increased vacancy rate in the surrounding office buildings. Due to complaints of serious criminal incidents, law enforcement activities have been increased and a number of liquor licenses in the area Dave been revoked. Since the "Combat Zone" and most of the surrounding area are part of .various • redevelopmdnt proSects; however, tDe change to character of the area cannot be attributed solely to the existence of "adult entertainment" businesses. -g- In Los Angeles. the Police Department has investigated the effect of "adult entertainment" businesses in Hollywood and found a link between the clustering of these establishments and an increase in crime. (See Section V, pages Si io 55 ). For this reason, and due to the enforcement problems created by such concentratf ons, the Police Department is not to favor of a concentration approach in the City of Los ~eles. Public testimony at hearings and through Punning Department questfonnaires has indicated an overwhelming public disapproval of. this approach for the City of Los Angeles. Detroit ADOroach The City of Detroit has developed a cantrasLing approach to the control of "adult entertainment' businesses. The Detroit Ordinance attempts to ~di_spe~rne adult bookstores and theaters by providing that suc~i uses cannot, without special permi551on, be located within 1000 feet of any other "regulated uses" or within 500 feet of a residentially zoned area. This ordinance was an amendment to an existing anti-skid row ordinance wh tch attempted to prevent further neighDOrhoed deterioration Dy dispersing cabarets, motels, pawnshops, billiard halls, tazt dance halls and similar establishments rather than allowing them to concentrate. • The ordinance was /mmediately challenged and eventually was upheld by the United Stetes Supreme Court. (Young vs American Mtni Theaters 96 Supreme Ct. 771, 1976.) In response to our request, data supplied by the City of Detroit Pollee Department indicates that Lhe combination of the dispersal ordinance antl a related ordinance DrohtD/ting the promotion of pornography have been an eff ecttve tool in controlling adult businesses. To date, is edult bookstores and 6 adult theaters have been closed. There are Si such businesses still in opera;ton in Detroit and 38 pending court cases for various ordinance violations. 3. Variations Adopted by Other Cities The success of the OetrolL ordinance has spurred attempts by s number of other cities to adopt similar ordinances. The uses controlled and the types of controls estebllshed by these ordinances are summarized in Ta61es I artd Ii, Infra. Yh11e the current study of Lhe effect of "adult entertainment" businesses on neighborhoods to Los Angeles has encompassed all forms of "adult entertainment", the ordinances reviewed and the Oetroft Ordinance spec/fically, era test encompassing in scope. table 1., on the fo11ow1ng page, lists and reviews a number of ordinances, whicA regulate various specified adult uses. -10- ~ Tn3ti TABLE I Number of Zoning Ordinances Regulating Specified Adult Entertainment Uses (31 Ordinances Reviewed-i not adopted) No. of Cities USE Reeulatina• Adult Theaters it Adult Bookstores g Mini-theaters and coin operated facitiiies 5 Massage Parlors (includes "physical culture establishments) Modeling Studios/Body Painting Z Pool/Billiard Nalis y Topless Entertainment p Newsracks 1 Adult Motels O • (Numbers hava incorporated-whore appropriate-uses entitled "physical culture establishments" and "businesses to which persons under 18 could not be admitted".) • n 1..J -11- . The Detroit disper .al ordinance oo~s nn; regu latz massagz parlors; nor does it require any existing business to close by amortization. Many of the more recent ordinances include amortization provisions and several vi these are currently in varying stages of lit igaLion. Perhaps the most compreher~s i~•e ordinance proposed to date (although not adopted) is that of Ner York Lity. The proposed ordinance create: flue classes ,f controlled uses, one of which is entitled "pr„steal cui:ure ~~s taDlishments" and is defined -as a 5eneral [Toss including any establishment which offors Tassage dr of-her physical contact by members of the opposite sax. The ordinance would also apply to duos wn.re the primary actfvi,ty of such club constitutes one of the five def ir.ed classes of aeult uses. The ordinance also provides for a special permit exempting individual adult uses from a~ortization requirements when the Board of Standards and Appeal mane: findings regarding: i. The effect an ad~ac ant property; 2. Distance to nearest rostdential district; 3. The concentration that may remain and its affect on • the surround ing neighborhood; 4. That retention of ehe business will not +nterfere with any program of neighborhood Dreservation or renewal; or 5. In the case of an adult bookstore or motion picture theater, the Board finds that the harm created Dy the use is outweighed Dy its benefits. Locally, the cities of Bellflower and Norwalk Dave enacted ordinances requiring adult bookstores and theaters to oDtafn a~conditfonal use permit. As a part of Lhetr study, the City of 8ollflower surveyed over 90 cotes to Southern Cal if orn to to determine how other titles were controlling adult bookstores. Of the etttes which responded to the Bellflower survey; 12 require a conditional use permit for new bookstores'. The conditions for obtaining such a permit generally include dtspersal and distance requirements based upon the Detroit made i. Bellflower also includes parking requirements and the screening of windows to prevent a view of Lhe interior; it prohibits the use of loudiDeak ers or sound eDulpmenL which can De heard from DuDlic or semi-publft areas. Other cities impose such controls as design review, prohibltton of obscene material on signs and required ldentlffcaLion of the business as "adu1L". Sucn controls are a possible alternative or addition to regulation of adult uses by location. -12- Exterior controls affect the aspects of adult businesses which are most offensive to some cit is ens. The basis for such controls stems from the recognition of privacy as a constitutional right and the right to be "left alone" as a part of that right, ` (See Paris Adult theatre F v Slayton, 93 S.tt. 2628 1973.} Table II; following, provides a comparison and description of ordinances from various cities which are regulating "adult entertainment" businesses Dy dtspersal. y the theory that there should be no first amendment Dar to s4gn controls it discussed by Charles Rembar, to "Obscenity--Forget It", Atlantic Monthly, May 1977, D9s. 37-41. -13- LJ ~~ N M ~ y ~~~CCC M 0 pm M ~ O p~ i O ^ m N1 C 0 D ~~~ =U «~ M O r ~~~~o ~~~ ~~a1'~o aa$ ~ aa:;;. 9~ ~,, s' a € popi~ a ~ aM~ a ss M ~~ p ~ S ..• yO^ee 9pp IIII ~N N ~ ~ •M C eE O K i~0 O M eW7 O ®p . 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O Y M Y p 2^ O +1 S i~ .1~w 43 G + 8~^ 6i 0+1M V ~ ^ ~ 0^ i V C C 3 ~ ~ M ' J O • + Y OY M ^ ^ yY^ O p YOY A O ~ y ~ ~ y MMO 1 ' '~JY OYM Y eIM ^ M 9 OM ~ ~ O ~ O%~4 • . ss~:~:~s O0 ~s~a O ~a5a~~ Q $:5 ~55a 9 i9' i ~~11 F1 ~ M S • 0 • y 1 V 3 ~p ~ r '1 ~~ ~~ a >t= G • Y U Y qY1 O ~ e OE . +M M • ~ `~ aaa Om@ oe 2 F M A o C ~ T ~ w O C M ~ O G O CYO p p U O~qq Uq yp~ °~ °a a ° e ~ eqo o ~ o tt .a tll N Y N w.I s• i~00 G ~ q 'I O ~ Y ~ ~ Oupl ~Y !Y ~ Y pp O y SC .A+6CV to aar7 w swo$ioi ~z ~zmp o q V H y ~~ 0 ry ~ ~~~$ ~ €~ F y ='~LFM~ Fao W I~ M ~ q q ~ tl M • •M Y q ~ == ~Yq p 4 0 C a~w r i~ ~ ~s~ ~ ass M M V ~~ ~~ P ALTERNATE OR SUPPLEMENTARY FDRM$ OF REGULATION CURRENTLY O AVAILABLE UNDER STATE AND MUNICIPAL LAW Aed Ltaht Abatement Procedure Red light abatement fs a mechanism authorized 6y state law which allows local government to control criminal sexual Dehavtor Dy controlling the plates in which such behavior occurs. Sec. 11225 of the California Penal Code generally provides that every Duildtng or plate used for illegal gambling, lewdness, assignation, or prostitution, or where such acts occur is a nuisance which shall be enjoined; abased; and prevente~e r'e are three basic steps Involved in the City's application of the Red Light Abatement Procedures: (a) A complaint is filed by the C7ty Attorney based upon the declarations of police off leers of instances of prostitution taking place on the premises. (b) The City attempts to obia'tn a preliminary inlunctian to shut down the business until completion o7 the scheduled trial. If Lhe City succeeds, the premises may only Do re-opened as a legitimate business until the tLe of the trtel. (c) At the Lrtal, the burden is on the City to• prove that S prohibited acts occurred on the premises. The remedy maybe closure of the premises for all purposes for one year, placing the building in the custody of the court, or an order prevenLir,g the use of the premises for prostitution forever. Complaints maY be filed Dy cititens, and Sec. 11228 of the Code provides that in Red Light Abatement Actions 'evidence of the general reputation of a place is admissible for the purpose of proving the existence of a nuisance". This method has been used successfully by the Ctty to abate adult entertainment estsDlishments 1n No ilywood along Western Avenue. Although Red Light Abatement is directed at regulating sites, a Red Light AbaLemertt conviction can affect the ability of an owner or operator to obtain e permit for a similar business at another site (see permit requirements supra). Due to Lhe requirement of a court proceeding, however, this method of controi is both time consuming and expensive. l J -14- 2. Police Permit Requirements . Section 103 of the Los Anye les Municipal CcCe Drovidei fur the regulation and centrel of a variety cf husinexses by permits iss ueC by the Board cf Police Commissiole~'s. Permittees are subject to such aCditianal requirements as may be imposed by law or by the rules and regulations cf the BcarC. Those busine55es for which the City of ~LCS Angeles requires a police permit and which may also be oriented towards adult entertainment include: - Arczdes (Sec. 103.101) - Bath. and Massage (103.205) - Lefe Entertainment and Shows (1U3.102j - Dancing Academies, Clvbs, Ha115 (10"s.1J5; lOG, 106.1) M„lion Picture Shows (103.108) In some cases, the specific regulations applied to busi nnss, if enforced, preclude adult entertainment activities as apart of, the oDeratfen of life businzsc, • with revocation of the operating permit an a~~ailable rem_dy for violation of the regulation. The most detailed regulations are applied to ca!E entertainment (Sec. 103.102 LAMC) and are summarfzed zs follows: a. Ousinesses Suaject to Lhe Regulations Operation of cafe entertainment or show for profit, and the operation of public places where food or beverayes are sold or given away and cafe entertainment, shows, still cr motion pictures are furnished, allowed or shown, The regulation does not apple to bands cr archest 'a5 aroviding music for Canting. 6, Cafe Entertainment Oef feed "Ever; form of live entertainment, music so10 bane: or orcneara, act, play, burlesque show, revue, pantcmima, seen^, song or ;ante act". T!le presence o~ any weiiress, nottnss, female attendan*. cr fema l~2 p at r: ^, ~.r guest attire-! in a costume of clolhir.9 ;hat expesc:~ to public vi_w any portfen of either brCact at or hel~w the arecla is included with the purview of the ordinance. ~ _1$_ c. Summary of Activities Prohibited Allowing any person for compensation or not, or while • acting as ar. cote rtainer or participating in any live act or demonstration to: (1) Expose his or her genitals, pubic hair, buttocks or any portion of the female breast at or below the areola. (2} Near. use, or employ, or permit, procure counsel ar assist another person to wear use or employ, any device costumz or covering which gives Lhe apDe arance of or simulatzs the genitals, pubic hair. natal cleft, perineum or any portion of the female breast at or blow the areola. The above provisions do not apply to a theatrical perf ormanca in a theater, concert hall or similar establishment which is primarily devoted to theatr it al perf armances. The permit may also be revoked for conviction of the permtttee; his emp'!oyee, agent or any person associated with permittee as partner; director, o lficer, stockholde+. associate or manager of: (1) An offense involving the Dresent atfon, exhibition . or performance of an obscene production, motion picture or play; (2j An offense involving lewd conduct; (3) An offense involving use of force and violence upon the person or another; (4) pn offense involving misconduct with chi Tdren; (5) An offense involving maintenance of a nuisance in connection with the same or similar business operation; or, if the permtttee has allowed or permitted acts of sezual misconduct Lc 6e committed within the licensed premise. Massage businesses have traditionally been regulated Dy licensing. The latest changes in the massage regulations became effective in November of 1916. The application for a permit now reguires: (1) detailed tnf orm atinn regarding the applicant; (2) name, address of the owner and lessor of the property upon or 1n which the business is to De conducted, and a coDY of the lease or rental agreement; -1L- . (3) requ<.cement of r. publ.ie hearing prior to issur:r.ce of a permit for the operrtior, of a messrg-~~ business, Operating requirements for massage businessos inclu8e: - a permit for. Each massage teehnicirn; - cegulntion of [he tmurs of operation; - posted l.{st of avniiah'_e servicas sr.~. their cost; - r. record of each tceatment, the name cn2. addcesa of the patron, name of employee end type of treatment administered. So-ca'_l ed "pxi vnt~" c]uha or "conse•nti ng cult c'u'.:r' which hrve ostensibly been formed as an tltarnative to massage pErlors hae until rucent!.y been cegul eteG viz the requirement of soot ai club permit. In Jens ?.977, however, the ordinance establishing such reguicemont wrs declared unconstitutional ty r. Lcc Angers atuncipal Court due to unceesonnbla ccatrictions on the freedom of naaociation. Tc r:ate, it fa urknow~: wheth;;r the City will appeal the ruling ox uaend the ordinance. -17- C. OTNEA AEGULAt ION Of ADULT ENTEP.TAINMENT BUSINESSES ?N LCS ANGELES Regulation of adult entertainment businesses has a long history in Los Angeles. In 1915 the "prevalence cf sez evils arising out of massage parlors" caused the City Ccuncil then to enact Section 27.03 (L.A.M.C.) as "a safeguard against the deterio- ration of the soc/a1 life of the community." The ordinance provided: "(a) It shall 6e unlawful for any person to administer, for hire or reward, to any person of the apposite sex, any massage, any alcohol rub or Similar treatment, any fomentation, any bath or electric or magnetic treatment, nor shall any person cause or permit in or aDOUt his place or business or in connection with his business, any agent, employee, or servant or any other person under hfs control or suDervisicn, to admin iste3 any such treatment to any person of the apposite sex." . This provision remained in the Lode, in one form or another, until a similar Los Angeles County ordinance was declared invalid in 1972 due to the Dr$emption of the tr iminal aspects of sexual activity Dy the State. In reaching its conclusion, the court referred to the discussion of the Los Angeles City ordinance in [n Re Maki. This 1943 case upheld the constitutional validity ordinance, and, • according to the court, estab itshed the primary purpose of such ordinance as the limiting of criminal sexual activity. The late 1960'5 and early 1910'5 brought a proliferation of nude bars and sexual scam 3o lots in the Los Angeles area. 1n 1969, the Cafe Entertainment regulations (Section 103.102' Las Angeles Business Code) was modified to include strut controls on nudity (see discussion infra). , A variety of Council motions were made to control other types of 'adult entertainment' .s uth as arcades, massage parlors, and newsracks. Many of these were initi ated~ due to suDStantial citizen complaints, and some resulted 1n final ordinances. (See Ta61e III pages 19a to 19d.) 2 In Re Maki 56 CA 2d. 635, 1943. i 3 Section 27.03.1 Los Angeles Municfpal Code, 1938. - 4 Lancaster v Municipal Caurt 6 C 3d 805, 1912. • -18- Begi nn log in 19)4; several Council motions wzr2 made gznera:ly calling for an investigation and preparation of an ordin anc=_ regulating adult theaters znd bookstores. The advice of the City Attorney was sought; and at the suggest;on of that Off icr., action was delayed pending the Supreme Court decision regarding th.e Detroit Ordinance. That decSSion was handed down in June of !975. On Ju 1y i3, 1576; a Council motion was introduced 6y Councilman Wilkinson requesting a study of concentrations of adult entertainment sim4iar to that of Detroit. Tahle III provides a generalized summary of the major Council files and actions relating to adult entertainment. Whil: not part of this study; a retenily .nacted ordinance controlling on-site sale of alcoholic beverzges should 6z recognized as an attempt to control another adult-type use. affective March i; i577, the los Angeles Muncipal Code was amended to require a conditional use Dermit for the on-s'te sale of alcoholic beverages. (Council File No. 10-200. City Plan Case No. 22878). Although aimed at the regulation of anti-soc iai activities in all establishments serving alcoholic beverages, the subject ordinance would, of course, also have a "spillover" effect with regard to those businesses which have adult entertainment as well as alcoholic beverages. Generally, the ordinance would; in all cases; require issurnc_ of z condiH onal use permit for any business selling alcoholic beverages for on-site consumption, rather than the D'revious practice of permitting them as a matter of right in certzin zones. The advantage of the new procedure is that as a prerequisite of approval of an individual application, there must b2 a public hearing to determine whether the proposed use wilt have a detrimental effect upon nearby properties and the neighborhood in which it is being proposed. In the long run; the ordinance mry prow to be an effective device to regulate uses (dispensing alcoholic heverages) which tend to have a deteriorating effect on an area; some of which may, coinci- dentally, also be adult entertatnm eat businesses. -19- H ~ O~ am• i ~ OTUU C :O HO+++~ U C OON • y .r u a .~ ~ nv Y P 4 a .1 aUM u . 1 a 0 Y s 6 a L U U h m~IGN 00 YGUMOti at O ~~ I O aw C ~ ~aO U w E E 4 O 0> O ~O fiO > w9 d~ O • O . . tt 6 ~ 4 > ~ ~ r 0 M U 0 U•'14. i 0 9 t 9 U O G 0 M 9 L l i V S •. OuCy G N~~vO LN p > Y L. IM ' 0 O~ O~ ^• UU •+U O 4 s »OY pp o B 4 100 l i O+ 1O O • a••1 ww.~ o~~yy a+LYO>O t 4-1 • u^ O 4 u 7 U M ~~ ~ C~ Y ~ DU p C M i au 'J OCC OOi YlaFiw ~4 . . W •,Oa Y 4 G • ~ ~ ~ O f Y M Y O+1 O GO 00 C O a e C y 0 ~ M~ U C ~ y o Yv ~ B •• l • . 100 ia $ 00 i~e a°~w~wo°ia °Y' oso 4 a ou.+o w m CM N O G O e Y I •nw 0'1 C~• q C ^ ~ x p N ~« O C T ' C Y O. ~I i p 4 0 O i 9 ^ Lw• a. ~ ~ o M>~4~6 B• CB l O. ~ ~ 3 ~ e~'4 ° B$$~~ ~ ~ 0 qq o ~° ° a oeyu u ~ . . e o i>,. . . ^ eb p ~ V M M i~ 7 •O O~ q ~ia a8o$«fiSo.D.F afi M M .•I w 6 N O A 9 4 ~ ti 4 O O «~ CC 8 N h • V QI r ryA wl ^ ^ i q Y O ~~ M ,. " Y ~ ~ .1 AQ > Y N N qq d ui ° ce i ~ y Y A. ~ Lo i cyc ° o . ui ° a ~ o M w ~~ ~ Iti w o ~Y•U e o0 H .~ a sw N EE 0 p ~ • M C q 0 ` . i O , 8 y 8 d qa .p 4 o § L qw U E N K G O C C g O V V M U °amm °O~o° z o °5 a a a q 1 h O • Y C 0 / tl 0 • M m Lv 1 C Y 5 'n' J PI ti aO% .+YOU ooc. a• Y o ~ e.~au e,. u e7o,Y.1 .+ Y -I..~YO iwY .~ .a.a• o Y .•Oq f aNC7 K Y UYO^ M7w• Y.CO ~o' oooY'6 S s oYii°o8~ ,4•Y+`d~ ~o=S ~ i d/ 1•^~• OO M Y 6 M ~Iq a.1 O N LY MpO~ ~ o M. Y+i tt ~ C 7 " 4 Y ffUdd p 1 • O M U G~ a C g Y H , N : Y 4 u r Z t • .1 ml• C Y Y p,•¢~ =04 Y S 7 Y pp • L M i • OwM O Y . (Si = ~ • • • • ~ N O~ •M. 1 pp.~ C1 d ~' ~ ~gf gc°~ ~ ; .~'~M~ p ~SyYgp wq~~.~ ~ ; ~ Z ^O OO7 •O~OwYO M `^ MYOIr • 'AO 1 y S CY•O M~~ ~>70 O.1 ~ •^ O•/•r L .1 aOQ w MM YY ~ p•p M Y 4~ y OY O w 000 vy1N pDIY Y t/ • O C~ M w O Mw I f88• • ^~ O O i / MM MM •\ M 6•/ N • YY .i M• O w 7 •• 1 ~ A 1•iM •V Oq ~p ~~00Mi ~ ~l e4 r+ 8 O.+• COCO \ YY • i: . l0. .y ~ • 1 • • N ~ Y Y wp 7 •N NO P U~Y C O O O ~ ^ 8Yp•y N M ~ pp pCpCY/ O •~ 1 PO qpq.^ ~~ + I O~Y ~1 Y Y i •7 •r qV 7 M aSa~i:: a 835=~'8~ d.~iS SSiS: ~gM~ ~ ' S °~ ~~ o m o • O ., ~ S g ~ T Y M Y~ .y.1 , Y W 0 y a ~ 0 V ib .~ w .+ M W O N °~ .7 n n r r " ~ V IY M ^ V U V U N h d V ~7 N O ~ \ F \ O \ \ \ \ N ~ N ~ ~ 4 u Q E M N m H ., : ?M A ~ C A N U i Y ~f. C~ rl M Y p tl • V O Pa+ Ga l • S • O 4 Y C L yy i~ S 7 S 5 "' r wa+l yi p6 ~U >(.1 Y f O O GM s O NO M G S tq Op OV a~ Q C Q y S Y m ~G YOS .j :'+ ° 3 o d3 ca .T ~e =° s5 4 A o • ai I a ~ YiM i o 0 G~i ^ sAi3p~ o CHO~ • i . O /COGY +1 r'1 M +1MY• ~1`VY .1\\• + 1 O y H 00 > ~rba 4i Yi ~ ^~1 > CY i Y \~ ~ U YO• OM C O YCN> D YL I•~ ~ r O • O lb O Y r b O• Y p7 a+ti bCS Y O ^C ' g 8 us~~n ~''Ji ~oiS n ~ y iai:{ia'~1: p• w ~.1• p pi6• ~ Y7 0 SS M oi Y qO w O Li yy ~~ ~p G 3 ~ 9 ~ ~ ~ ~ sS ~~ w ~fi . ~~ ~ ~~Y 0~:: ~ Q ~ ' y N pa ^q i M•S VgYY y~•M > • YO O~i M M N• a ~0• •t~YI•Sr ~I)6 /.y OM~y O .~9 0 w, VV OY V .1 00 ~ ~ ~1•YM.1 ~ NA • \ ~ '1 i6 ~y P O~•~ ~ ~Y ~ O b ~ g e EE Y Y q ~ ~ . I • S • S • OQw b•~ M ^1 \M-~y1 Y r 1 • N O p . 1 yy ^ ~Y ~ ~ C 8Y • ^p N S f ~ CC • ~p \~ PO pO ~~ M i 0 \Y - ~ ~Y O Y 1 y 4C M 6 p- p9 p Y p Q R E ~C ~ i 6`• S~ 7 $aa3~ p~L ~w ~ i ^e'1 W . OC ^ Y N O y ~ g ~ ~ .i S yO i / O • ~ Vii` u ~ ~ ~ :~ .~ n w w ~ N h ~ + nm ~ r n ~ e I. h A M • ~ - u u u u r N M V , ~ ~ ~ w a ~ r T ~ w . ~`'w b u O N i 1 w m.+ mu DOG N N .' N •~ u u m .•1 ~ ~ a~ °° io ' o >u c ° ~ nwrne ai v w o d m D q O~ ym U y . l . i w E O H C N C O m b L C v+ M w 6 m 0 0 tl N 0 U ./ F aw aw ~m w o ~ w y 0 y 00 ~l •+ + •M Y I mO N 0 + + d UC U 4 N ' H • ~ Ca A O Yti i O • M U O O -1 +~p .y p> Y MU • NV Oe C U•-I a+ N Gp ~ tl > O 'Od W9tl . j m tlCd mCtl Om^J ••ILC 4 IL 4 u a tlw U Owyu.~ .( 0 Y +~ D U d - C F O L al al 0 1 ~ cu mvl +~IW. a+ MP I C m N d ON'h m A m C M2: 0'00 D C m Cd C •KU NOG N M C C ++ m u C ••I - 0 d•n b m g d 0 In -+ O O• W a 0 qa .IOU-+n-+ Nu m~d~Od Uk W a+ o ••1 1E w 00 S+'~tl .~rY7Nm C N MN Cti d N I •.1 COM C Oi• M O .IG dLT -•~ mp.C Otl OIC P 00 ~ m a+ OELa L uu cev~•.•N U++. D -tltl .~-~ a o a L C Z D C O +I • D d m 0 N ••1 •M H 7 N L Y C C >.cN cu ma.~tl we aoNdaotl .~a+oo tl.~w o y m.+m C eC6 .1uL Oat ••IN OGLY 0.tl i6 C >q.aV 0 1q Y .~6p OC .1 u O r GiY NO m +1 F tl.~ U.IG C.-I q.lY C9 MO . T 0.+1 .~ Otl . U Cn.~ .1p ~ F O.•1 U O A tltl GOm WE AtlO Td 7 tlOktl OIhM u •C L .+ ,C N 7 tl Y> .1 F u M C G G 7 Y d r•1 0.O O O ••~ D a+OF KtlMY -YW O H {Y •~ 9 N C Mpp NAM y r(M w tl Ntl4••1tl Otlml i 0 O > V O Mtl9• O V W O 0'O u 0 •OIE C I C Y W• 0 Oi .1 OC i 0 0 0 w . m . uC N~+Ip m4 O ^ItlC . 00 C•.1 M.IN M I • YO.I CV Otl OC DOYO Y• C 0 ~WWUO W M M•M7d 1 Y7[N Op0 Np C 0. p G CC U Us wAxppol!a NoYa P C.••r~~I G-1 qqO + MOD O • • LM.~ Pa G C C Y .1 0> O •1 D tl O L f~ 0 Y tl V 0 0 0 ^^ C 7 m a nv ° wo°~ N co u . °~ ~•° o '1 ouf°u~o w aW v '~ tl u ~ +~ u a .1 p a me • i . O 7 1 O NJ MN O 0 G LL op 0YmM M1 1Y0 Oi~ C W piO pp w 0 0 C L 1 N O C ~r ( • • a •. ~ . p • g E RO O f WYECYOI V d2A O p HOaOiYq.C/YY { MO~i•-IMO NtlT7 p p 6 i • ~ w • O c M G ••1 ••I O tl w d .~ b •' N N N A 0 ~ C •r 7 ,C V O m i a po N wi > •~ 9 eb ~ m o z 'i o.i m a > o f p C M i Y O C C N C Y h . I 0 I •• m ti ~aYM V ~ +,O •1 O azama m i MM VW rv N 1V •O O 01 I/+ YI Yf T V 0• O• y ! ~ ~ ~ n O h pl n r n r n n Y M M K W W V V V U V U U ~" ~ ~ w ~ r { „ \ q ~ \ \ \ ~ IY. METHODOLOGY AND ANALYSIS Methodology In complying with the City Council's instructions, the Department has utilized various available data sources., including property assessm<~~t data, U. S. Census data, and obtained other information germane ~o the subject in an effort to determine; on an emDirfcal basis, the effects (if any) of adult entertainment facilities on surrounding business and ether properties. The Depar tmer.i also reviewed sales data of commercial and resfdential property in areas containing concentrations of adult entertainment businesses ana in "control areas" containing no such concentrations, The staff also attempted to secure information on the sales volume of commmercial properties, but was unable to ohtain this information. It should he emphasized that, in conducting this study; every effort was made 6y the Department to preclude the fntroduction of subjec- tive judgment ar other bias; except where the opinions of other individuals or groups were specifically solicited.* It was the Department's intent to base any conclusions entirely on relevant da*.a and other factual informatf on which became avallab le during the course of conducting the study. The procedure employed by the Department in conducting this stutly involved the following areas of emphasis: A measure of the change from 1970-76 1n assessed "market value' of land and lmprovenents for Lhe property occupied by and within an appraDrfato radius of five known 'clusters" (nodes) of 'adult entertainment' businesses. An identical measure of four "control areas' wlYhaut concentrations of adult entertainment businesses was also ma e o etermine if a sign if scent difference in the rate of ch an9e in assessment values occurred in such areas between 1970 and 1976. Comparisons were also made with Lhe entire community in which the concentration nodes were located. An analysis oY responses received from a mail survey questionnaire conducted by the planning Department; Expert opinions were requested from appra lsers and lenders through letters Department also sent letters to local Sociological AssoN an on requesting study. Their replies were limited in 1n terms of this study. realtors, realty boards, and quesLtonnalres. The members of the American thsir assistance in to is number and not sign ifteant s • I • .pq- ._ti 3. Review of available dztz from the U.S. censuses of 1560 anC !570, inc tudinn the results cf a "clu s4er analysis" and - Hollywood based on such analysis preparzd by description of the City's Community Analysis Bureau; 4. An analysis cf verbal and written testimony obtained at two public meetings on this subject conducted on Aprii 2) and 28, iS71 by representatives of the City P'annSn9 Commission; 5. A review of various approaches to the regui>tion of "adult entertainment" businesses, including legislation enacted by other jurisdictions; 6. An analysis of alternate forms of control, inc lutling existing Municipal Code provisions relative to this general subject; 7. A discussion of earner efforts of the City to contrei adult entertainment in Los Angeles; and 8. A presentation of the Los Angeles C1ty Police Department's report dealing with crime statistScs and their relation to "adult entertainment" businesses in Hollywood. 9. The actual "cast sales price" of commercial and residential properties to areas containing concentrations of 'adult entertainment" businesses were compared with the assessed values of property in such areas. The results were tFen compared with "control areas" containing no concentration of such businesses. (it was found that the actual sales prices tended to parallel assessed values and that in other cases the comparison was inconciusive. No further discussion of this aspect of the study is coot of ned herein.) 10. In an attempt to determine any possible effects of "adult entertainment establishments" on business sales volume, the Department reviewed sales data from a Dun and 8radstrect computer tape f+le for the years 19)0 and J.976. However, this source of date could not be used since St tltd not contain directly eomparabie information for the two years indicated. IA substantial change in the number of member firms listsd apparently occurred after 1910.) In addition; the Department requested Sales Inf ormatton from the L1ty Clerk's Business License File. The City Clerk advised that the generation of the information requested would require 100 man-days of work; consequently their information could not be abtafned within the time constraints for comDle[ion of the study. n 2i- Items 5, 6, and 7, above, are the subject of Section III o4 this • report, entitled "Methods Currently Used to Regulate Adult Entertainment Business". The Police Department's report is discussed herein as Section V. The Planning Debar tm ent's analysts of topics : throunh 4 is described in detail, below. A. CHANGES IN ASSESSED VALUATION BETWEEN 1970-76 IN FIVE SEPARATE AREAS CONTAINING MIGN CONCENTRATIONS OF ADULT ENTERTAINMENT BUSINESSES In order to determine if there has been a 5lgn if scant change 1n assessed property values which may have been influenced Dy the proliferation of "adult entertainment'. businesses, the Department has calculated the change in the assessed value of land and improvements for properties occupied by, and located wfthin, a 1,000 to 1,800 foot radius of known concentrations of adult entertainment businesse3. Five Such areas were Selected for analysis, as described below. The year 1970 was selected as the Dase period hecause of the availability of data for that year, and since that point 1n time corresponds approximately with the beginning of the Droliferati on of adult entertainment businesses in Lcs Angeles. The Dercentege change in the assessed °market' valueof land and improvements for comeercial anC residential Dropertles was calculated for the 1970 base year and for 1975. Similar cdlculattons covering the same time Deriod ware also . preDareu far 'control areas" (co~tatning no concentratfon of adult entertainment businesses) Dut which ware similar, 1n terms of zoning and land use, or which were located 1n geographical proxfmity to the study area nodes. Four such control areas were selectee. ~ ~ ~ ~ -~ ~ -~ Study and Control Areas On the Das1s of field lnvesigations and other available data, the Department determined that there are five different areas wlthtn the City suitable for analysts, each contalnfng a relatively high concentration of adult entertainment establishments. As shown to E%h1DiLS "R" and '8° On the following pe es, three Of theca concentrations (or "nodes" of activtty~ ere Located to Hollywood; one 1s to Studio Cf ty; and one Ss 1n North Mol lywood. In eech case, the focal point of the area selected for analysts was the intersection of two maJor streets, with the adult entertainment businesses loeatsd along the commercially zoned frontage of one or Doth of the streets forming .the intersection. In four of the five areas selected, residentially zoned end developed properties are situated not farther than one-half block from the commert1a11Y-zoned frontage. (One node to Hollywood is entirely surrcunded by commercial properties.) • -22- ~ 1` \ii ~~~ ~Y F W Y1 ~1ili , `~ \\ ~ < ~. ~ ~~ , \~~ 2.r ~ i <~ ` O Q , „ e ~~:i ~ ~ d` H Y Y' O ~ IZ,i p x J ~ O ~ c ~(~ '~y~ .c~ J, : :':;5? s ^ 4 o~ m ~. -; , o, o 'Y^Y wbyw~ _ ' ``• Y ~V~~. t /~ V Q y . O : < U v 0 N ~ NY ~ 8 y' 4 _ Y' ~ t f V f 1~ ~~~ 1~~,~( ~ ,,;~. ~.., ~ ~ a ~~\\ ~; \H ~ ~ ~ \\ ~• ; • ~~ • e s .~• ;C . Y ' y - 0 ~ < y ~ a i i ~. .i I ~ t_ ^•va p ~ ~ h 1 ao• O o • r i~ ~ Y i~ e TS IY .f t Y i Y y . :_ i. ~ Y i O I. Y o ' ~ ~ s • •a q I •. . \ .. ~t:.::v; ~~..~ . . \\\ \ \\\ \ \\\\\ \ \ \ \ \ \ i. r, e: o y. ~~ u O _~ ~i ~" ~`~ s Y. } J. J' J~ _ ''i ~~ <I ep Y1 .... ~. :::: ~... \ _ a N S E a' i .~, . Although Main Street in downtown Los Angeles contains a relatively high concentration of sex-oriented businesses (primarily theaters, arcades and bookstoces), this area was not selected for analysis since no cesidential properties ace located in proximity thereto. In addition, Main Street hae traditionally contained burlesque theaters, arcades, burs and similar types of establishments, and there has been no significant change in this generalized pattern of land use during the past ten years. In the Hollywood area, the fecal points of concentration are at the following three intersections: Santa Monica Boulevard and Western Avenue (containing 12 such businesses); Hollywood Boulevard and Western Avenue (9 such businesses); end Selmne Avenue and Cahauenga Boulevard (containing 7 such businesses). In Studio City, the focal point is east of the mri.n intersection of Tujunga Avenue and Vineland Avenue (at Eureke Drive) which contains six adult entertainment businesses; and in North Hollywood the focus of concentration is at Lankerahim Boulevard and Vineland Avenue (containing 4~such businesses) In the 8ollywood aren, property within an approximate 1,000-foot radius of the above named inteaectiona was included Eor purposes of malysis. In Studio City it was appropci ate to include those properties situated within an . approximate 1,500 Eoot radius of the intersection of .Eureka Dcrvs; in Nosth Hollywood, property within en approximate 1,500 foot radius of the intersection of Lankerahim Boulevard and Vineland Avenue was selected Eor analysis. -23- As also shown in Exhibit "A", three separate "control areas" were established in Hollywood, each orfginat ing at the intersection of two maJor streets anC also encompassing all property wfthfn an approximate 1,000-foot radius of the street intersection. Control areas were established at: Santa Monica Boulevard and Vermont Avenue; Hollywood Boulevard and Highland Avenue; and Hollywood Boulevard and Gower Street. In the San Fernando Valley, Exhibit "B' indicates one contnol area, centered at the tntersectton of Lankershim Boulevard and Mhippie Street, and encompassing property within a rod tus of approximately 1,500 feet of that intesection, relates to the two nodes of concentration in Siud ie City and North Hollywood. Hone of the control areas has adult entertainment businesses wfthfn its boundaries, with the exception of the area sort ounding the tntersectton of Hollywood Bculevard and Gower Street whfch contains one such business. Table iV, fndicates the percentage change in assessed land and improvement value from July 1910 to July 1976 for the commercial and residential Da'o Derty encompassed by the applicable radfus surrounding each of the flue ncdes of concentration, together with their carresDOnding control areas. Far purposes of comparison, the save data is shown for the entire Ctty and fur the Community with to wA tch the study areas are located. Since concentrations of adult • entertainment businesses could Dave a Dartfcular effect on the value of other business properties in an Brea, a separate tabulntion is also shown for only commercfalt coned land wfthfn each study anC control area. ( a e - . As indicated 1n Table IY, Lhe 1970-76 percentage change in total assessed "market" valuation of commercially and resident9aily zoned property (land plus improvements) Increased in all three areas in Hollywood containing concentrations of adult entertainment businesses. However, there was some variance in the magnitude of the increase. CDenges in the three study area nodes were 2.79, 8.71, and 3.41 percent; compared with increases in the three corresponding control area of 12.53, 1.94, and 5,09 percent, respectively. The study area node located at Santa Honita Boulevard and Mestern Avenue increased by 2.79 percent, compared with a substantially greater increase of 12.53 percent fn the "control area" associated with that node. Total assessed value within the study area surrounding the tntersectton of Selma Avenue and Cahuenga Boulevard Increased by 3.41 percent whf la the associated control area increased by the sltghtly_ greater amcunt of 9.09 percent. In direct contrast to this pattern, however, the Hollywood and Mestern node registered an 8.11 percent increase, white its corresponding control area increased Dy only 1.94 percent, • -24- I I b ^ I r m 1~ m o N I m ~ I ° .~ m m I . o c F ~ I 1 I I N 4~ I I I I ci° I Yd MOL I N NN I O a I y w ° m N .-, v I rv m I m m n n I~ ~ I >° m~ 6 m m I N m m P M E u c> ~^ N I ~ n I a mi n n I m I EU I 1 .+o ~yM ^ I I I I ° '° ° Po.E+ I I I c ° ,~ I ° ue I m om 1 .+ m I ° N I N ,i m .° ° N e I .+ n I 0 o v c N m I v; r: I~ ~ ',. ~ vi I e .mi I .7 d° .1 0 ~ I ^Pi I N .~ N n I I C ° I a .°i7m I I I I um c~ I I I I pu~V I I I I .mi ac+ ° u n I I I I a~ S g '~ N o I P ° I n ~ ^ Z I m • 1 e w Y '~ ° '~ I 1 1 ° c i °u.~i w n I I I 1 i > ewu y I 1 I I ° w O yi q m I I I I N o~ ~ qR ~ O d ~t I e s I. < it R 1 '~ N i I ~" V.~y .,fin m S I Z 1 E Z Z 1 I s~Ye Zi Pi I I i 1 pop I I I I .COi o v I I 1 I u w I I 1 1 7ec u°o I I I b I e u o o c w es I ,° I _ I % I > O o 0o w ~+ G^ I Ei n d i ° I ~ I aUw .iv a Mom 1 y r° I MPa I w I e c~ ° z >~ I° oi~ I t5 s > I Y 4 ~ G.I I t E4 1 C 'OM I Y^ °8 I ,°~ytl we °. °w I v ° u a. ° ° u GC ° ><~"~ ~ MC 1 4 <C I 9^ 5 0 ,", M 1 >V M I .~ V ~w w w ° ° c q u l~ w v ~° I '0p ° .a I ao ~~. ~~ 1 w.. i 1 ,~ I p.0i C ° O <' ° $ I 96 1 2S o I m 0 0 8 I ~~ o~ u° I 9~ $~ I ° w .°io -Q m° m I O o I O ~.a ~p .~ I ;.. 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E^ Y }~1 } p 7 1 a ~: r Y O C ~ 7'i Y. 1 ~ ~ E NM M~'1 M ~ ^ ^ p • r rL Y ' MY E GGG U O d Q '7~~M~ q a0 1 ~t'~'Y.1NE ° o r° ~ ~ ~ ~ ~ e~~s~$pi o. i ~pe . l ~ ~ ~ ~~ rou~~p 8 8 A s V C ~ V ~ ~ t . r q y ~ W a YM~ ~ ~ tt Y A 1 • ~1 i aa ~e^1^ ^O ~Y • i 4 o O ~ U O o b i ~ a 0 i , ~ o ~ g•g V Tbz percent zgz lucre asa in zss25s'r v, Cues wi?hin t5o three stutly zrzas, as will rs the cant-ol gees, wzs considerably less in each cast than percentage gains reg+stered by the Hollywood Community or the City x5 z whole. In the case of the study area nodes located in the Sart Fernando Yalley, the patt?rn appears to ba somewhat sore spurious. The study area nodz containing adult entertainment businesses located in Studio City (centered east of the intersection of Tujunga Avenue and Venturz Boulevard) increased by 64.93 percent--the largest increase of any of the areas analyzed. in direct contrast, the "adult entertainment node" located at Lankershim Boulevard and Vinzland Avenue lncreased by only 12.61 parceni, The one "control area" associated with these two Szn Fernando Yal',eY notles increased by 42.76 Decent -- a substantially 9reztar gzi r. than the North Hc'. lywocd nod:- but 22 pe*tent 'ess than the Stadic Ctty node. (MhLther the Sharp percentage increase zhcwn `cr thz Studio C ty nod c. was the direct result of a recent rcTSSessmenL c~nnoi ha readily dztermfned.) Tho lucre ase 5n assessed value within the Studin City study area was virtually the same as that of the entire Sher~an J1aTcs-Studio City Community but almost twice the percentage • gain for commercial and residential Droperti es in the entire Lity', The North Hollywood study area increased Dy a Considerably lower percentage thin the North Hollywood Community and the City as a whole. Nith regard to commercial _properties considered seperately, Table IY-A reuse s t at the percentage change 7-n assessed values of land and improvements combined was generally lower in ail study areas than in their corresponding control areas. One notahle exception, however, is the Santa Monica Boulevard and Nestern Avenue node which lncreased D,v 3.4 percent while its corresponding control ores (Santa Monica and Vermont) dac-eased by 6.38 percent. In Hollywood the thongs in rssessed values of all study and contras areas was less then in the entire Mo l7ywaod Community. In the San Fernando Valley the two study areas both increasetl Lass than th t~ entire ccmmunfties within which they are situated. Conclusion - Changes 1n gsscssod Valuaticn On the basis of the forego±ng, there would seem to be somo basis to conclude that the assessed valur.tion cf prop Crty within the Study areas containing concentrations of adult entertainment businesses have g~ene~-att tended to increase tc lesser degree than sim a-il:r -erees without such concentrations. However., in the staff's opinion there ,~ would appear to he tnsuffictent eviCence to support the contention thtt concentrations of sex-oriented businesses h tvz been the rimary~c ease. of these patterns of change fn -25- assessed valuations between 1970 and i976. However, . responses to the Department's mail questionnaires from real estate representatives and appraisers have Indicated that 1n their opinion, concentrations of adult entertainment businesses nave, in some cases, had a direct negative impact on property values. • • -26- . ~9, PUBLIC MEETINGS Two Dublic meetings were conducted 6y representatives of the City Planning Commission in order to receive citizen input regarding the effects, if any: of concentr r.ttons of "adult entertainment" establishments on nearby properties and surrounding neighborhoods. Notice of the hearfngs was Dublished in local newspapers; aired an radio; mailed to owners of commercial and multiple residential property within 500 ft. redius of the study areas and also to persons rho had previously responded to the Departaent's questionnaire. The first aeeting was held in Hollywood on ADril 27, 1977 at Le Conte Junior High School. The second aeeting was conducted in Northridge on April 2B> 1977 at Northridge Junior High Schooi. Both meetings were conducted by Planning Caamission President Suzette Neiman and Planning Commissioner Oaniel Garcia, with Deputy Cfty Attorney Lhris Funk also in attendance. convenienceraf those wlshtngbto submit the/r comments inswritfnge Attendance was approzimateiy 200 persons at the Hollywood aeeting end 300 Dersons at the Northridge meeting. A combined total of 60 persons addre:sed the Commission. The foliorin9 is . a sumo ary of the comaents received by the Commission. (Tape recordings of the hearings ere avatlebte for review under City Plan Case Number 26475; 7n the Planning Commission Office, Roam 561-K, Los Angeles, Ctty Hatl: telephone (21.3) 485-5071.) The most prevalent type of comment at the Hollywood aeeting ras nn ezpresston of tear of walking in areas Mhere "adult entertainment" and related business era concentrated. This concern was expressed DOLh by parents, reluctant t0 ailow their children to be exposed to offensive signs and wares, and by women and elderly persons rho feared relking to the areas either to the day or evening, because of the incidence of crime 1n the area. Specific instances of solicitation and other crimes were recited. Some proprietors testified that they felt their businesses nave suffered, due to fear on the Dart of their customers. Other common statements concerned: - Physical or ecanomtc dete~toratton of the area resulting from the tnilux of adult businesses. - An increase in street crime. _ Offensive signs and dlsDlays. A need to use existing enforcement tools, sucn as "red light abatement" to control "adult entertainment" businosses. _27_ Representatives of to Cienega art gallery proprietors • expressed concern over the recent establishment of an adult theater in the area and its incamDat ibility with gallery use. A representative of the "Pussycat Theaters" organization lnf ormed the Commission that a survey Laken Dy the theater operate rs indicated ih at the maJority of patrons were middle class, that most were.reg istered voi er s, and that many were married and had college educations. It was stated that a large number of the patrons were found to reside within a few miles of their theaters. The representative of this theater chatn expressed concern at the 'lumping" of all adult entertainment businesses into one classification. He felt that in terms of aesthetics, clientele, and effect upon the neighborhpod, the theaters were not in the same ties sif station as some other types of adult businesses. (The Commissf on requested the written documentation of the survey; however, ft has not been received to date.) Several speakers at the Northridge meeting expressed Concern that the City even felt i.t needed to request their opinion on such a subJ ect. They felt that their disDteasure over the distribution and display of pornograDhfc maieria is should 6e obvious. Citizens also lnd stated her they bad been respons lD le ' Tor the closing of certain establishments to the San Fernando • Valley by picketing an d'other means. Some speakers indicated thet they were disturbed by the availability and display of obscene material in drug stores and supermarkets. The following is a summary listTng~ Of specific relevant comments from the two meetings: Hollywood Meeting (AOril 27, 1931) !t was alleged that organized crime is in the sex service business and that this is a S6a million local business. - Hollywood and particularly Hollywood Boulevard was once a cultural center; now there is a different class of people. This is a degeneration of Hollywood and Hollywood Boulevard. - In Hollywood, due to fear for safety, people walk around in groups, not alone or as couples. - Zoning 15 not the ultimate response Lo obscenity: there are public nuisance saws, red light abatement statutes, ete. - There was concern about the effects on children; parents in Hollywood indicated that they did not allow their chi idren to walk unescorted: there are too many muggings and attacks. - There sre problems brought on by the changing populetlon of • the area: street fights, acts of mischief and minor property damages have resulted. -ze- • - Severa'_ persons indiczted that they hrd not wel.ked in the uea for ye?cs due to muggings, so?.icitrtions, etc. - mte City shoo?d make gcaater use cf the Red Light Abatement Law. - A homeowners' rssx ~atinn r:.pr ^sentr.t!ve to?ked of be!.ng rcccst.d by a y!ci cn tlc?;yr~ocd Bcu?evazd; that crime vas a "felt-cut" of adult er.tertsinment; and that this vas a mocc% Eor crimes: such ~s burglary, muggings, thefts, and the tike. - Som¢ pezsons wece ps rscnr.lly offended, and stated lhet the sex tusinesses have affactu2 residents economically and acsthxtical.]y. - Art Daalcrs (f inc nzt denl.e r.s; antique businesses operators; proprictocs of lcgi.timate book atecea) on La Cicnega Dou).evacd wece concerned ovor the pceliferation of adult entcctairment businesses; these are vacant •toree in this area thet they fear may go into use for adult entertn±nment bus+.ness. They are croncerned thct La Cionega will no longer be a cu?tuza] center. - Repreaentativea of th. Screen Actor's GuilA sled Acto:'s Egvf ty led lcatxd they hod demcnatrnteA agaf.nat an adult • bookstore and appacled to the entertainment industry to help with tR!s preb?em. - A representative of the 9ollyaood Chraber of Casseeree indicated there had been n0 cr 70 surveys of the awn, but lack of City support. Bc. said the City should mrdify its CI Zone reguiati one and cl!mf note movie: arerdea. - A Studio City realtor indicated he had soot 11,000 cepl3crs of the Planning Department's questionnnires {under Ms letterhead) to residents of Studto City. lie indicated them ue-e 6 ado?t motels seer Universal 8tudfos end that more sere coming. - A former non-adult matecial bookstore caner in 9ollyaood (past tenons cf lrcation picketeC on ADcil 26, 1477) indicated that when his building ass sold, his roe! doubled; that ether tenants got three deg net!ces (tc move out), that everybody was getting out--h~ c?.aimed something was going on in that block. F1c a?.no indientcd that radio etati~m IAMB had mcvec' from the noes. - It sus indieataE thct K1i03 moved because avbtn employees were afraid. It wne e?ao ettted that a restaurant in that bu'_ldinq went nut of business. -Y9_ - A local minister fnd icated concern for thz elderly, and that children from 4 to 7 years old cannot ride their Dikes without being atcosted; he also indicated there had been 23 arrests for prostitution near a lot al elementary school; he further stated that residents have to go to other areas to shop. - A representative of a local synagogue stated that the elderly were afraid Lo walk to religious services and that car pooling had been estabiSShed. - A representative of the Hollywood Busfnessmen's Association advised that 5o percent of the sex crimes reported (in the City) were in the Hollywood area; that since the Police have closed Some sex establishments crime has dropped; that adult entertainment Dusine stes Dave contributed to a deteriorating condition in Hollywood; that there is a l00 percent turnover in school attendance; that the business license ordinance should De madif led to require an environmental impact report and Draper sign controls far new esta611shments and that notice Should be given t0 persons within one-half mile; he also reiterated that trod tti onal 6usinesses~were leaving the area. - It was indicated that property values had gene down; Yine and Selma was valued nt f12.50 per sq. ft. years ago, but recently it was worth only~.f9.50 per sq. tt. • Northridge Meeting (April 28, 1977) - A representative of the North Noliywood Chamber of Commerce indicated that adult entertainment Dusinesses were an economic and social blight; that the Police commission was no help; that they had proposed the M3 2one for these uses; that we need more polfce and should make greater use of red light abatement; that the Alcoholic Beverage Control Department should do more: - Claims were made that the Pussycat Theater in North Hollywood was a dangerous environment Lo women and children; that in the recent past 2 teenage girls had been accosted and a woman had Deen attacked and had to Pump from a car. - A Deauty shop owner near a Pussycat Theatar tndiceted she no longer stayed open 1n the evening because Der customers were of raid. - Adult entertainment businesses should be required to rent space in "Class A" buiTdt~gs .. - Various persons objected Lo newsracks, obscene material, problems of congettion and ingress and egress. • =30- • - The Miller vs. California curt case was discussed: it vas contended that this case established that "a community can set its own standards". - Questions were posed as to whether economic and financial impact should be facts needed to develop an ordinance to control adult entertainment. - Claims were made that adult entertainment 6usines5 brio, crimes and violence to the area. - A speaker st ateG that both the Becton and the Detroit ordinances are unacceptable. "You cannot control pornography by zoning", and opposition to the zoning approach to obscenity was expressed. - "California is the pornographic capital cf the world." - People are offended by pornographic material in department stores, drug stores, supermarkets, etc. The recent Les angeles County newsrack ordinance was discussed. - One person Dosed the question "why don't we have an Environmental Impact Report for pornographic Ouslnesses7° - Church representatives and a teacher at the Christian . Schoul were coacerued atrout their members and children befog exposed to parnog raphic advertising displayed at the tankershim Theater and Pussycat Theater. They are afraid to let their ch7ldren out on the streets. - It was Stated that "we Should ,use civf 1, puDlTC nuisance and red 1/ght abatement to Control adult entertainment businesses." Conclusion In Summary, the orerwhelmtng majority of Speakers felt that the concentration of "adult entert atnment" businesses in their neighborhood ras detrimental, either physically by creating blight cr economically by detreasing patronage of tradlticnal businesses; ar socially 6y attracting crime. As a result of increased crime, nearby residents hive become fearful and have been forced to constrain their customary living habits in the community. Although the testimo rty obta4ned at the puDTfc hearings would from a subjective point of view, substantiate the conclusion tha4 "adult entertainment" businesses have a deleterious effect on the surrounding community, the staff is of the ap inion that legitimate questions may have been posed by Lhe Pussycat Theater representatf ve regarding a single class if is atton for all "adult entertainment" uses. There would appear to be some basis to suDPort the Contention that certain types of such uses are more "obj ectfonable" than others, and that negetive effects of z particular type of business might be mininfzed, depending on how the bustne ss is operated and advertised. -31 SURVEY QUESTIONNAIRE CONDUCTED BY DEPARTMENT OF CITY PLANNING • CescriDtion of Survey In order to determine additional factual data relating to the suDdect. and to seek the comments and opinions of property owners, businessmen, realtors, real estate boards, real estate apprafsers, representatives of banks, Chambers of Commerce: and others, the Oepartmen t, conducted a mail survey. Two questionnaires were developed. One wu designed primarily for businessmen and residential property owners and is hereinafter referred to as the Gener el Queiif onnaire. The second was designed for realtors, real estate appraise rs and lenders and is hereinafter referred to as the Appraiser Questionnaire. A copy of ,the two questionnatres 1s contatned in the Appendix. The comp lased quests onnatres, together with other letters relative to tats suD~ecL, are on file in Room 57.0; Los Angeles City Hall, The General Questionnaire was mailed to alt property owners (of other Lhan property in singlx-family use) within a 500-foot radius of each of tne~ five study arses. The questionnaire was niso distributed to various wmaunity groups (including iaeal and aria Chambers of Commerce) and et the public meeting 1n Hollywdod and in Northridge. The ADPraiser Questionnaire wts mailed to all members of the American Institute of Real Estate Appraisers having a Los Angeles Ctty address and to members of the Lalifornta Association of Realtors whose office is located tn' the vicinity of the study areas. Each of the two questionnaires contatned spaces far a respondent to check answers to a series of questions relating to the overall effect (11 any) of adult entertainaent establishments on nearby properties. It should De emphasitad Lhat the Department intenttonaily structured the 'ob~ectiva response' portion of the puestiannatres to as to reduce 'bias" and to solicit the aaxtaua range of responses to any specific question. Fo.^ example, a respondent could check •postttve•, "negative" or "no effect' in response La the question... °Nhat overall effect d0 you feel that adult entertainment establish'' cents have on a neighbarhoodT" !n addition to the direct resDOnse portion of the questionnaire, information of amore subjective nature was also solicited. For example; after etch question; space was provided for a respondent to 71st any comments or examples which might pertain to a specific question. Tns beginning of each quest{onnaire also 9nvited the respondent to write comments in the space provided or on a separate sneer. -32- • Between February 10 and April 30, 1977, a total of approxi- mately 4;000 questionnaires were mailed (with return envelopes provided) or otherwise distributed to businessmen, real estate appraisers, retitors, representatives of banks and savings and loan institutions, the owners of multiple-unit residential prcperty, and others. Of this number, 694 questionnaires were completed and returned to the Departmznt (an overall i1.4 percent rate of return). In addition; the Department received !97 non-solicited, completed questionnaires from property owners in Studio City. These questionnaires were distributed in a private mailing by a private individual. The subject mailing included a rep iica of the Department's appraiser questionnaire, together with written material alleging City intent to create en adult entertainment zone fn Studio City (copy included as Appendix D-2). According to the subject individual's Lestimony at the public heering on April 27, ?.977, I1, 000 replica questionnaires were mailed. Due Lo • the prejudicial nature of the mailing; these quzstionnafres are not included in the study. Newever; the staff did tabulate the subject responses and the tabulation and summary are included in ADPendix D-3. All persons responding to the above mailing were sent a memo from the Department, correcting the misinformation (copy included in Append tx D-1 ). Result; Of Survey Ouestionnatres A tabulation of the responses to the specffic question^ solicited fn the objective portion in each of the two types of questionnaries is presented below. A summary of the comments follows: GENERAL QUESfIONNA IRE - RESPONSES - Total no. of res on_.p _ses_ 581 16% return Tote n~ o~ questionntires 3SQb uestion .. Mhat overall effect do you feel that adult entertainment xttabitshments have had on a nefghborhaod: Posttlve Negative 'NO effect Effect on the busfness condition (sales L profits) to the area: 43(7.4%) 492(84.7%) 36(6.2%) ~~_ 2 3 4. 5 Positive Negative No effect Effect on homes (value 6 35(6.0X) 446(76.8X) 19(3.3%) . appearance) fn the area located 500 feet ar more from adult entertainment businesses? Do you believe tie 26 (4.SX) no effect 305 (52.5X) decreased establishment of adult _ properly values entertainment facilt- 206 (35.5%)lower rents , rtes in the vicinity of your business has 275 (47.3%)vacant 13 (2.2%) Increased had any of the businesses property values following effects? (please check all 288 (49.6X) tenants ib (2.8X) lower Loose effects which moving out taxes you feel have . occurred.) 224 (38.6X) complaints 98 (16.9%) highr_r from Customers taxes 3 ( - ) less Crime 489 (84.2%) decreased business activity 370 (63.7%) more crime 1 ( - ) Improved ~ (1.4%) increaseC ' neighborhood business • appearance • 416 (71.6%)deteriorated 312 - (53.7%) more nelgnDorhood litter aDPeerance . 8 (1.4X) other (please specify) (Nat apPiicable for tally.) Have you seriously considered moving your business elsewher e because of nearby concentrati ons of adult entertainment Ousine sses7 167 (28.7%) Yes 165 (28.4%) No Mould you tonsidor expanding to your current lacatton7 83 {14.3X) Yes 177 (30.5%) Na -34- , 6. Nhat types of adult entertainment establishments are there in your area (Please check appropriate boxes.) 410 (70.6%) adult bookstores 31D (53,4X) massage parlors 190 (32.7X) peep shows 179 (30.8X) nude or topless dancing 3B9 (67.0X) adult theatres 240 (41.3X) adult motels 237 (40.8X) Dnrs with X-rated entertainment 3 other sex shops How far from your business is the nearest adult enterta 7nment estab )ishment7 (Not tabulated due to limited response,) - 35 - Responses to the foregoing questions reveal that adult entertainment • businesses are perceived by the majority of respondents as exerting a negative impact an surrounding busf nesses and residential properties. ' Whether or not such negative impacts have nctuail occurred, or Only perceived to have occurred, cannot a reads y determined, empirically, on the bads of this survey. However, in terms of the attitudes of the respondepts toward such buslnesses, the cant luston mus-fie drawn that the overall effect on surrounding properties 1s considered to be negative. Among the adverse effects of adult ant ertatnment esta611shments cited by businessmen are: - Difficulty in renting office space - Dtff iculty in keeping desirable tenants - Dlff icu lty in recruiting employees - L7mits hours of operation (evening hours) - Deters patronage from women and families; general reduced patronage Of those businessmen indicating that they have not sertousiy . considered moving heceuse 'of nearby concentrations of adult entertainment business, the most frettuent response was that they had been in the area a great many years, and to establish elsewhere would be too risky and/or that their Investment was too great to move. A few respondents indicated that tt is the adult entertainment businesses that 'should move, not they. The few Duslnessmen commentln9 that 'they would not consider expanding in their current location indicated that their business did not warrant ezpans ion. Several Duslnessmen indicated that their businesses are relatively unaffected 6y nearly adult entertainment establishments. Among the businesses cited are n commercial art studio; a building trtdes contractor;~a matt order business; a telephone answering service and E wholesaler. Among the few posltly¢ effects cited by businessmen is the Increase in business for certain non-adult entertainment buslnesses such as tourist-serving businesses (e.g. car rental agent/es). "The bad effect it might have 1s cancelled out by the business ft does attract; x-rated theaters attract tourists." Many respondents Commented on the Crimes tssoctated with adult entertainment estaDllshments: prostltutlon, dope, theft, robbery, etc. A high percentage of respondents report they do not feel safe to such areas. ". ~3~r • A high percentage Of respondents comment.~d on their concern for the effects of adult entertainment environment on the morals and sr.fety of chiidren. A high percentage of respondents commented on the aesthetics of r.dult entertainment establishments: garish, sl2aiy; shtbby, blighted, tasteless, etc. Also, many commented on the increased incidence of litter and graffiti. \J -17: APPRASSER QUESTIONNAIRE • - RESPONSES - Total no. of res Doses BS 201 return Total-no. o questionnaires dlTd uestton RexDOnse 1. What effect does the concentration increase 1n value i ( - ) of adu it entertainment establishments have on the market value of business decrease in value 71 (87.7X) property (Ian sa-truciuras,~tixtures, etc.) Located in the vicinity of such no effect 5 (6.21) estaDtishments? 2. NAat effect does the concentration increase in value 1 ( - ) of adult entertainment establishments have on the rents) value of business decrease 1n value 55 (67.91) property locate 1n tAe vitro tty of such establlsheentsl no effett _4 (4.9%) 3. Mhat effect does the eoneentratton of increase 1n renta6111ty/ adult entertainment establishoents saleab111ty 3 (3.71) have on the ~nteDility/saleability • of bus mess Drope rLy o et-~t -1n t'-f-i¢ decraese to rentabil tty/ vicinity (length of tine required to saleaDtitty 48 (59.3%) rent or sell property; rate of lessee/ buyer turnover; conditions of sate or no effett _(3.7X) lease, etc.)? 4, Mhat effect does the concentration of int reased 1nco~te 2 (2.5X) edult entertainment estabif shnents hove on the annual income of businesses decreased income 59 (72.8%) located 1n the vltln y o suc estabitshments? no effect 7 (8.6%) 5. Have any business owners or proprietors yes 23 (28.4%) Considered relocating or not expand lnq their businesses becau:e of the nearby no 4 (4.91) concentration of adult entertainment establlshments7 not known 28 (34.6X) 5. to recent years, has tAe comme rctal yes 45 (55.6e) vitality (sales, profits, etc.) of any area 1n the City of los Angeles been no 29 (35.81) affected to any way 6y tAe nearby concentration of adult entertainment not known esta611shments7 'wiy~~ • 7. What effect dais thz [oncentr>ticn of zdult entortainment establishments have on the market value of private residences located within thz follcwing distances from such establishments? Increzse Decrease No effect Totr.l less than SDO feet 2 (3.8%) 48 (90.6X) 3 (5.7%) 53 500 - 1000 feet 2 (3.6X) 51 (9].1%) 3 (5.4Xj 56 More thin 1000 feet 1 (3%) 29 (87.SX) 3 (9.1%) 33 8. chat effect does 4be concentration of adu li entertainment establishments have on the rental value of residential income property located within the following distances from such :stablishments? increase Decrease No effect Tntai Less than 500 feet 2 (3.4X) 51 (87.9%) 5 (8.6X) 58 500 - 1000 feet 1 (2.6X) 33 (86.8X) 4 (10.5%) 38 • More than 1000 feet 1 (2.8%) 27 (75X) 8 (22.2X) 36 9. Nhat effect does the concentration of adult entertzinment establishments have on the rentab111t /sale•.bility of residential property oc a.ted within the following distances from such establish- ments? increase Decrease No effect Total Less th r.n 500 feet 1(2.5X) 31 (92.5%) T (5X) 40 500 - 1000 feet 1 (2.6X) 35 (89.7%) 3 (7.7X) 39 More than J000 feet 1 (2.8X) 28 (77.8%) 1 (19.1%) 36 S0. in regard to the questions setforth above, p lease descr ibe the effects which you belizve the concen tration of adult entertainment bus7ness has on Bath of the fol lowing: Fro ert values Of surrdundin ecrease Unknown No effect ]ncrease Lommeroial property 46 (56.8X) 32 (39.5%) 1 2 (2.5X) '~ ResldenLial property 42 (51.9X) 38 (46.9X) - 1 Generr.l 16 (19.8X) 65 (80.2%) - - _39_ Rental vr.ives of surroundin ecrease No res Dense No effect Increase Commercial property 39 (48.1%) 42 (51.9X) - - Residentiel property 37 (45.7X) 44 (54.3X) - - 6eneral 12 (14.8X) 69 (85.2X) - - Vacanr.ies Number 1 i6 (69.1x), 1 23 (26.4x) Length 1 12. (88.9x) 2 (2.5x) 6 (7.4%) Rate of tenant turnover - 49 (60.5%) 1 31 (38.3x) Fnnual business income 24(2^.6X) 53 (65.4%) 2 (2.5x) 2 (2.5x) Complaints from Customers and residents due to concentration res 2a(29.ex) s7 (7o.ax) Neighborhood appearance 2g(29.5x) 3 (3.7x) Cr1oe ~1 1 - 48 (59.3X) Litter 1 1 44 (54.3x) Other (Please specify) l J • .40_ . Several respondents commented th?t the +dverse effects are related to the degree of concentration and that one free-standing bustness may have no effect; also, that the effect is related to the type of adult entertainment business (unspec if fed;. 0. few respondents indicated that the property value and dollar bustness volume for any given property would increase for businesses compatible with adult entertatnment businesses, e.g. other adult entertainsent businesses, bars, etc. A very high percentage of appraisers and realtors commented pn the adverse effects of the subject businesses on neighDOnc~oC appearance, litter and graffiti. -~1- GENERAL QUESTIONN0.IRE • - REALTOR RESPONSES - Total no. of responses 32 NOTE: Due to distrl6ution, certain reeitors received the General Questionnaire rather then'the Appraiser Questionnaire. For analysts purposes, the suE,)ect responses were tabulated separately and analyzed together with the• responses to the . Appraiser Questionnaire. uestton ' 1. Nhat Overall effect d0 you feel that adult enterteinnent estabtishwents have had on e neighborhood: -osltlve Neoatlve No effect Effect en the Easiness condition - 31 (97%) 1 (sales i pr Of its) to the area: Effect on Aosus (value i ippearance) - 31 (97%) 1 • in the erne irudlntely ad~annt to adult entertainwent businesses: Etfatt on hones (value i appearance) - 29 (91%) 2 to the area located 500 feet or Wore frow adult entsrtelnnent businesses: 2. Do you believe the 1 (31.3%) no affect 29 (91%) decreased esteblishnent of adult property entertalnwent fae111ties 23 (71.9%) lower rents values in the viclnl ty of your business has had any 25 (70%) recent 0 increased of the businesses property values following rffects? (Please check all 2S (10%) tenants 3 (9.1%) toner taxes thasa effects rh7cA noving out you feel have occurred.) - 2S (70%) conpiaints 7 (21.9%)hlgher taxes fron euato®rs 0 less erica 23 (41%) decreased Easiness activity 26 (i1.3%)nare eriwe 0 increased Ouslness C~ _~__ 30 (94X) deteriorated 27 (84X) more litter neighborhood appearance Other (please specify) 3. (Not applicable fnr tally.) 4, Have you seriously cons itlered uiov ing your business elsewhere ~„NCause of nearby concentrations of adult entertainment busine 5'ses? 10 (31.3X) Yes 15 (46.9X) No 5. Would you consider expanding in your current locationt 10 (31.3%) Yes 12 (37.5X) No 6. What types of adult 21 (84.4X)~adult 13 (40.6%) nude nr r~.n cmrtainment estab- bookstores topless dancing lishments are there in your area? .i7 (53.1X) massage 24 (15X) adult • (please check parlors theatres appropriate Dozes,) 15 (46.9X) Deep shows IS (46.9X} adult motels 12 (37.5X) bars with X-rated _ entertainment Now far from your business is the nearest adult entertainment (hoi tabulated due to limited establishment? response.) u - 43 - D. U.S. CENSUS AND RELATED DATA • 1. Cluster Analysis 'Used Sy Community Analysis Bureau to Describe Yar Sous Parts of the City" The last U.S. Decennir.l Census was conducted on April 1, 1970. 11ith the proliferation of adult entertainment business 1t would seem approDr Cate to tnclude as background information a description of the soeto-economic and physical characteristics of the areas under study, as revealed by census data. Such a description may provide insight as Lo the underiytng factors contrlhuting to the con centrr.t tan of sex-orfented business in the areas under study. An excellent avattable source~Drov i~ding such a descri pLian is a 1974 report prepared 6y the Cfty's Community Analysis Bureau (LABj concerning the •Siete of the C1ty•.• In this document, the CAB has utilized a statistical technique knorn as "Cluster analysis' to identify sDectf It areas within the Ctty which .Aaye common characteristics, as revealed by census data. In conducting this study, the LAB made use of 66 census data items~(or variables) which rare selected from the entire Spectrum of soc to-economic and physically descriptive data items dvait~able for ail census tracts 1n Lhe City. '. The U.S. Lensus 'Bureau .reports data on~ numerous • geographical levels, the 'census tract' Oeing the smallest geographical area for rhlch~tlata tr mntntained end reporUd on a regular basis. There are 750 such census tract areas 1n the City, each containing a population of siightly fewer than 4,000 persons, on the average. Tha five study area nodes and four contro l areas under study herein are contained r/thin portions~ot 25 census tracts. The perLicular~var/epics' rhleh mast accurately describe e particular census tract ware used by the Community Analysts gureau in such a manner es to combine those nreas rhich have the most similar charactarlstics. As a result of th/s procedure, thirty Cluster groups were established throughout the C1•ty, each such cluster consisting of one ar more census treats, each census tract rithln a particular cluster be tng more Simi Tar to other ports of that cluster than to any other geographical section of the City. ~e Stag the C1t - A Cluster Anal si of Los An ales - City 0 os nge es ommun ty na ys t ureau, une ~1- ~.. • Description of Hollywood Rrea Tne three study tress in Hollywood contr fining concentrations of rdult entertainment husinesses are included within portions of 11 census tracts. Their three associtted "control tress" are Dartitlly contzined within nine census tracts. These 20 tr r.e is are t11 included within a- larger area identified in the CAB's report zs "Cluster 15", entitled "The Rpartment Owellors", consisting of 34 tracts. A.descript inn of this area, as quoted from the previously cited CAB report, is set .forth below. The fact that this description is based on data which fs now seven ye rr5 old mzy not De disadvantagecuz, for the purposes of Lois study, inasmuch as adult entertainment businesses begrn tc flourish 1n the 196?-70 period. " Cluster 15 is a lower income, Dredominate~y old aD r.r tment rrea located west rf the Civic Center...' "The cluster represents t total Dopulatton of 174,000, 46% male and 54% female. The median age is 40, The area is mostly Nhite, but does nave an above averagge ethnic mix--1S% Spanish-American, 3% Japanese, Z% Chinese, 3% Bieck. ]t tt a cluster of workers and senior citizens. One in five residents 1s over 65. • Female participation 7n the tabor force fs the hiynest of the 30 d usters. The DoDulatioa under 18 is small. Nany of the frmiltes are needed by women...' '...Close to seven out of ten labor active residents are white collar employed. Most completed high school and 15% completed college. At f6,700, median family income is below the average for the City. Tnis lever income does not translate into an abnormally hign poverty dtstributlon.~ One in ten families and a smaller proportion of unrelated individuals are welfare reciptents...• , " ..Residents of the ctu3ter~are centrally located to Doth the Downtown and its commercial-financial strip extension, Milshire Boulevard. Many public transit routes service the area. Close to 40% of the households have no automobile. The presence of twc or more tars is noL cammcn. .Of .the older apartment complexes many have nn garage fatilittes..." _j~- " Old apartments comprise 42% of the multiple units. One of the heaviest concentrations occurs east ~f Mestern Avenue and north of Olympic Boulevard. These are high density, closely Docked, rectangular she De d, stucco units which tine the streets approaching Nilshlre Boulevard. SOUth of OlymDlc Boulevard, the pattern remains one of multiple family units, but these are generally inter s'Dersed with homes Or are the end DrodUCt Of converted two and three story frame houses. Noliywood is similar, but is hts several single family residential areas and aparLaent encroachment appears to hr.ve mere of'an impact..." ..Most of the cluster's ?02,100 dw2711ngs are renter occup led, including a ma,lority of the homes. Re di an rent averages 5108, Dui 17f -f the multiD le dwellings era avalsnble far less than 580..." ..Single family residences r.re n small preporti0n of the tat r.l housing st. ck and like the area's apartments, many Dradate Morid Mar II. Few of the essentially single family residential ne ighberheods Neva the kind of zoning protection which requires that new construction be single units. Replacement housing has tended to be large apartments. Homes averaged • son DthannthedisprovementshicMuch of'the landorwest tof Ma stern Avenue ad~otns the more expensive Xancock Park area...• ..Cluster 15 has ono of the highest population dens'itfes in the City, 19,080 persons par square ^Ile, not exceptional far an apartment tree. It also has the highest duster average of eiamantary school transiency rates--46t for Incoming students and 34f for students leaving. This moD111ty of the residents d/d not seem to affect Lhe median sloth grade reading score. It was above Lhe Ctty average. The cluster has 8 park sites wfthln its boundary and is also served Dy the more regional recreation r.reas of Echo Park, MacArthur Park and 6riff tth Park all of which are within access..." •...Tha~ incidence of burglary per 100 1mDroved parcels 1s high, a partial reflection of the large number of dwe111ng units per land parcel. One of the more disturbing aspects of the cluster is the suicide rate. Outside of Downtown, only three of the clusters had higher rates..." l J -d6^ 2. Use cf !970 Census Data to Describe Studio City and North e ywcc reas There are four census tracLS which comprise the Studio City study aret; two such trans in North Hollywood; and three census tracts representing the "control area" for the San Fernando Palley. (One of the "control area' tracts also forms part of the Studio City study area.) The CAB's cluster analysis reveals that these eight different census tracts are all puite dissimilar, inasmuch as the seven tracts are contained within siz different "clusters". A detaf led tlescriptien of each of these siz clusters would not be practical for purposes of this study. However, a summary of certain key variables attributable to the twn study areas fn Studio City end North Hollywood, and the one corresDOnding control area might be instructive, and is therefore presented in Ta61e V following. For purposes of comparison, the data is also shown for the City as a who ie. r 1 -47- TABLE V Comparison rf 24 Yariabl es from 1970 Census OescriDing St udio Ctty and North Hollywood Nodes and Corresponding Control Area VARIABLES ARE AS-------------AND-----------YALUES Studlc City North Hollywood Crntrol (Tv,lunga L (Lankershim 6 (Lankershtm Entire Population Ventural Vlnetandl & whlpple) CSty Population Der sq. m71e 5,742 8,265 5,893 6,041 % Persons 0-17 18.4 18.2 ~ 16.7 ~ 30.2 % Persons 55+ 10.6 1T.9 15.2 10.1 % white (nnn-Spanish) ^2.0 85.3 90 J 60.3 % Black 0 0 0 17.2 % Spanish-American 6.5 13.7 7.7 18.4 % Families w/female head 1G.5 16.4 16.4 16.2 Educatirn % Nigh School ' dropouts, 25 d older 22.1 38.6 25.3 36.1 % 25+ who have finished 4• years college ~ 22.0' 10.2 18.3 13.9 Economics Approx/mate median family income f15,572 % Mhite collrr employed 80.4 % unemployed 7.6 % families to poverty 3.7 % fr.mtlies receiving welfare 4.3 % 1-unit structures 50.6 ADDroximate median value, owner occupied units (39,141 Approximate median monthly rent, ranter occupied units f 135 % of owner reeupled, 1 unit, structures ' bulls before 1940 24.1 % of renter accuDted, 2+ unit structures , built before 1940 10.9 f 9,471 f12,575 510,535 60.6 77.3 57.4 6.1 9.1 7.0 10.0 6.6. 9.S 7.6 4.7 9.9 48.9 34.2 51.7 f25,335 (35,530 (26,700 f 123 f 129 f 107 52.4 52.2 28.5 13.9 21.8 30.7 -4h lJ '\,' .. TC. R i.E 4 lc~:nt'd; C^ mpan son of 24 Yari ablei from 1970 Cen sus Oesc r ibing Studio City and Nr,r th Hollywood Nodes rod Corre spuid ing Ccntrcl Area VARIABLES AR EAS-------------ANU ------------VALUES Studiu City North Hollywood Control (Tujunga S (Lankershim b (Lankershim Entire Crime Rr.tes Ventur~_ Vineland 6 Nhtpple) City Assaults Der 100 population .-io5 .374 ~ .478 .857 Robberies per 100 Oopulation .lip .267 .170 .454 Burg?ary per L00 improved parcels 13.36 !0.?9 13.5 14.96 Total Arrests Der 100 population 4.23 4.26 4.10 8.26 Narcotic Arrests population aged per lOl'~ 14-4a 2.66 1.39 1.60 2.04 On the basis of the foregoing 1S70 Census Oata, 1t is possible to d~:~e lob a ga~eral description of the two study `area modes containing adult entertainment businesses in Lhe Valley. As indicated above, such a d¢scriDtton muse . necessarily be bzsed nn data >pplYing to entire census tracts, even througfi the study areas may encompa- si~y po~~ns of tracts. Residents of the Studio City study area node 1n 1970 were predominantly an upper middle income group. with a relatively high percentage of college graduates. Nigh school dropouts were considerably below the citywide norm. Eight out of ten employed persons were in 'white collar` jobs. The percentage of families receiving welfare or in percentageLatThe unemploymenterateywasbsltghtlyhhighertythan that of the entire cfty. The median value of owner occupied homes 1n the Studio Lity area was more than 512,400 higher than the City medlen. ADOUt one-half of the housing units were one-unit structures. Apartment rental rates were also higher then the city as a whole. The percentage of one-unit, owner nccuDted housinq antis built before 1940 (24.1 percent) approached the citywide medlen of 28.5 percent. Nith regard to crime statistics (as of 1970), robberies Der 100 population in the Studio City area were below the rate for the city as a whole (.172 and 454, respectively), although the number of burglaries per 100 Improved parcels (13.86) was close to the citywide rate of 14.96. Total errests per 100 DoDulatton (4.23) were about one-half of the 8,26 rate which prevailed citywide. _qg_ The North Heii wood stud area contrasts rather sharply with t e a ove escri a tudio City fret. In North Hollywood, median family income wr,s (9,471 1n 1570--lower than the citywide median of f10,535--and censiderab ly lower than the (15,672 methr.n fncnme cf residents in the Studte City study area. Sixty-one percent of employed persons were in 'white ceilar° Jobs in North Hollywood, compared with 80 percent in Studio Lfty and 57 percent in the entire city. The percentage offami7ies in a ,poverty status in North Hollywood wa s~cnnsiderably higher thin in Studio Lity (10.0 percent and 3.7 percent, respectively). The Derceni of families fn North Hollywood receiving welfare was higher than in Studio City, but lrwer than in the entire city. Unemployment rites, however, were louer in North Holiywed than 1n flu dfo CfLy ar.d the entire Lity. Housing values were considerably lower in North Hollywood than in Studio Cfty, and slightly lower than average values Lhrcughout the entire city. Median montly rents were lower in North Hollywood than in Studio City but higher than fn all rt Los Angeles. Of alt owner-occupied one-unit structures, 52.4 percent were Duilt Drtor to 1940 in the North Hollywood study are r., compared with only 28.5 percent in the entire city. Single-family Acmes in North Hollywood are older than to Studio Lity. As revealed 1n Tabie Y, 1970 crimes rates for the seven . variables Labu laced acre lower to North Hollywood than 1n the city as a whole. Except for "robberies per 100 populat len• and "total arrests Dor 100 pdpu lot ion' all other rates in North Hollywood were lower than in the Studio Ctty study area. Tabulation of U.S. Census Trends Fran 1460 tc 1970 Time series (trend} data can often De of value in ideal ifytng underlying sotto-economic or physical character tstics which may have contributed to the chang8 in an area. Dur tag the course of this study, the staff prepared a tabulation of the 1960-70 change 1n selected sotto-economic variables as reported 1n the U.S. Census, covering the five study areas, the four "control' arees, and the City as a whole. This was done in order to determine if changes in the study area nodes were significantly different than the 'control areas', or from citywide norms. A tabulation of this data is cantatned to Appendix E. A review of this dote revealed that the 1560-70 trends in the variables selected (releting to population, econcelcs and Amusing) were noL slgnif icanLly different for the study areas then for the 'control areas'. In general, numerical or percentage changes 1n the dote were elso similar td • citywide trends and no firm conclusions of Darttcular relevancy Lo the study cou1Q be developed. - -SO- • V. POLICE DEPARTMENT STUDY OF HOLLYWOOD This section of the reprrt considers the number and percentages of adult entertainment businesses in the City, changes to these businesses since 1575; r.nd more spectfically, crime rz.t es in the Nellywcod are r. as ccmDared tr, crime rates, citywide. The following fnf ormation was compiled by the Lns Angeles Poilce Department and shrws the incidence of certain adult entertainment establishments as of two different time periods-- Ncvember cf 1975 and December 31, 1976. The statistics show a decrease in massage parlors, bookstores, a{cades and theaters znd a slight rise in adult motets. This was during the same Derlcd of time that there was stepped-up surveillance and deployment of officers in areas where concentrations of adult entertainment establishments existed. (The Hollywood community is within the Hest Bureau.) This information and thet which follows fnvnlvtng the incidence of crime Ui the Ho.l lywcod area provides what may be a positive torrelaiinn between crime and the presence of adult entertainment futilities. • TYPE OF ACTIVITY Nov . 1975 Det. 1976 Percent Of Cha~n _e du t Mote s - 37- -3'B- ~ ~2X Massage Parlors 147 80 -45X Bookstores/Arcades 51 45 -21X Theaters 47 44 -6X TOTAL 288 207 -28% DECEMBER 31, 1976 LOS ANGELES L1TY POLICE DEPARTMENT BUREAU OF ACTIVITY AND PERCENTAGE CENTRAL SOUTH HEST VALLEY TYPE OF ACTIVITY BUREAU BUREAU OUREAU 9UREAU Adult Motels 5(13X) 23(60%) 5(13%) 5(13X) Massage Parlors 6 (7%) 4 (5X) 42(53%) 28(35X) Bookstores/Arcades 6(20X) 1 (2X) 24(53X) 11(24X) Theaters 7 16X 1 2X 28 64X 8 18X TOTAL ~ 27(23X) 29(14X) 99(48X)' 52(25%) -51- The inf ermatien in this section is an extract from a report to the • Plannino Department on "The Imvact of Se: nr ianred a~,.;ne«o, no rho angeies city rciice Department. The City Council in fnstructing the Pltnning DeDr.rtment to conduct the Adult Entertainment study has also instructed other City agencies to cooperate with and contribute as necessary to the report process. In accordance with such instructions, the Police Department conducted an analysts of the relationship between Life cancentrat ion of ~ adult entertainment establishments r.nd criminal zctivity to the Hollywood fret as compared to the cttywfde crime rates for the period beginning 1969 and ending 1575. This period of compr,rison covers the years during which adult entertainment establishments appeared and proliferated to the Hollywood area. Part [ crimes tre those criminal acts whfch most severely affect their vtciims; they include homfc!de, rape, aggravated assault, rehbery, burglary, larceny, and vehicle theft. During the period of 1969 through 1975, reported incidents of Dart 1 crimes fn the Hellyrcod Area increased i.6 percent while the City showed a 4,2 percent increase. Thus, Hollywood's Part t crimes increased eL nearly twice the rate of the City's increase. In conformance to the overall trend, every Part I crime commftted against a person, not against property, Increased at a higher rate 1n Hollywood Area than in the citywide total. street rbbber!es and 484 Purse Snatches, whereto the victim was' directly accosted by their assailant, . increased Dy 93.7 percent and 51.4 percent, respectively; the citywide increase was 25.6 percent and 36.8 percent. Suspects arrested for Part I criminal acts in Holtyweed Area increesed 76.2 portent wh+le the City dropped by 5.3 percent. This reveals that Hollywood Araa was 21.5 percent over the City's total in the apprehension nt serious criminals during the seven year period. Equally alarming r.s Lhe increase to Part I errests, is Lhe increase in Part II arrests (described nn Table VI, pages 53-54) in NcTlywood Area is opposed to the rest of the City. Hollywood increased in this category Dy 45.5 percent while the C!ty rose Dut 3.4 percent. Prostitution arrests in Hollywood Area intreased at a rate 15 times greater than the ctty average. Hhile the City showed t 24.5 percent Dike, Hollywood bounded to a 312.3 percent increase 1n prostltuticn arrests. similarly, pandering arrests in Hollywood Aree Increased by 475.0 p?rcent, 3-1/2 time: the city Increase cf 133.3 percent. (See note D• 5A.) e comp etc repo rt prepared by the Los Angeles Ctty Police Department is available for raview in the of flcial flies untler City . Plait Case Nr. 21475 in the Lns Angeles Lity planning pepartment. • Table vI Part I Offenses Homicide Rape Agrav. A55ault R^bbery Burglary Larceny Auto Theft 1,96S THROUGH 1575 SURVEY PERIOD REPORTED CRIMES AND ARRESTS Hrllywned Area 19fi9 1975 X Change 19 37 +94.1 214 199 -7.0 605 886 +46.5 905 1591 +75.8 5695 555 -2.5 1852 8396 +6.9 2621 2508 -0.5 TOTAL 17911 19268 +7.6 St. Rr.Dberies 381 738 +93.7 484 Purse Snatches 185 280 +51.4 Part I Offenses Homicide Rape Agrav. Assault Robbery Burglary Larceny Auto Theft TOTAL ARRESTS Ncllywo»d Area 1969 1975 X Change 21 26 +23.8 67 47 -29.9 239 348 +45.6 368 285 -22.6 864 514 -40.5 546 1371 +151.1 319 226 -29.2 2424 281.7 +16.2 Lftywide 1969 1975 % Change 377 574 +52.3 2115 1794 -15.2 14798 14994 +'1 .3 11909 146E7 *23.2 65546 69485 +6.0 89852 93478 +4.0 32149 30861 -4.0 216156 225857 +4.2 5321 6684 +25.6 1951 2668 +36.8 Citywide 1969 1975 X Change 475 573 +20.6 858 552 -35.7 6250 3163 -49.4 4855 5132 +5.7 7823 6032 -22.S 6877 11708 +70.2 4820 3121 -5.3 31958 30279 -5.3 Nollvwe»d Area Cftywtde •P a.rt II Offenses 1969 1975 X Change i969 1975 X Change TOTAL 10660 15503 +45.4 179233 185417 +3.4 *(Part II arrests include: fettfng, embezzlement and narcntfcs, liquor laws, misdemeanors.) Prostitution Arrests Hcllywn»d Area Citywide rther assaults, forgery and counter- fraud, stolen property, prostitution, gambling, and other miscellaneous 1969 1975 % Change 433 2045 x372.3 2884 3564 +24.5 -53- Table VI (cont'd) Pandering Arrests 1969 1975 z Cnange Hollywood Area 8 46 +475.0 Citywide 42 98 +133.3 NOTE: (Tne prostitution arrests made in Hollywocd Area in 1915 represents 51.3 percent of ail arrests for prostitution made in the atty. The pandering arrests made in Hollywood Area 1n 1975 represents 46.9 Dercent of all pandering arrests made fn Los Angeles during that year.) DEPLOYMENT Hcllvwccd Area 1969 1975 Y Chtn4e Patrci 197 255 *29.4 Investfgators. ~ 45 61 +35.6 TOTAL 242 ~316~ +30.6 Citywide 6194 7506 +21.1 - ADULT ENTERTAINMENT ESTABLISHMENTS • HOLLYHOOD AREA 1969 through 1975 1969 1975 1 Mard~-core motel 3 Hard-core motels 2 Bookstores 18 Bookstores 7 Theaters - 29 Theaters 1 Massage parlor/seam 3e1nt 38 Massage perior/scam Jolntz 11 Ldcat}ons (Total) 86 Locations (Total) • _ -54- • ~.J Q W a °o 0 3 J J O S yNj S V h aQ 47 H 4 a ro a r P n 19 A O h A aR $ ~ sssRRs~~ N F 2 W N J QI F y W H 2 W 3 H 2 WF Z W J a N W C W pm R J J Q ~~-A During the period included in this report, the Citywide deployment of police personnel rose by 21.2 percent. However, with the surge of crime in the Hollywood Are r., deployment there increzsed by 30.6 percent, 9.4 percent higher than the rest of the City. Included in this figure is a 29.4 percent hike in uniformed officers and 35.6 percent rise in investigators to cope with the criminal elements. This survey reflects a seven-year span during which time the Adult Entertainment Establishment in the Hollywood Area proliferated frr.m z mere 11 establishments to an astonishing number of 88 such locations. The overall deleterious effect to `the entire community is evident in the statistics provided. Th¢ overwhelming increase fn prostftuticM robberies, assaults, thefts, and th¢ Dropertionzte gr rwth in police personnel deployed throughout Hollywood, are all representative of blighting results that the tlu storing of Adult Entertainment Esta6lf ;hments has en thz entire community. These adverse social effects net only infect the environs immediately adJacent to the parlors but creates a malignant ztmesphere ?n which crime spreads to 2Dldemfc DroDCrtiens. The remeinSng sections rf the Police Department report are letters and signature petitions from concerned businessmen, clergy, merchants, citizens and police nfflcers and are 1n the file and avai laDte far inspection upon reQuest. The fallowing paragraph summarizes this section of the Police Department report. The police officer reports can be summarized as follows: all • officers felt the sex-orfented businesses either contributed to or were directly responsible for the crime problems to the Hollywood area. The nfflcers felt the sex shops were an open ?nvitation to undesirables and thereby directly caused the deterioration cf neighborhoods. A?so, ft was suggested that these businesses purposely cluster in order tc establish a 'strength in numbers" type effect, snce they establish a feathold in a neighborhood they drive the legitimate businesses out. The letters from the businessmen, clubs, churches and concerned citizens were all in support of police efforts to close adult entertafnmertt fac117ttes. The letters all expressed the feeling that the sex shops attracted homosexuals, Derve rts, prostitutes and other undesirables and directly contributed to the decline of the Hollywood area. -55- ~~ Z W y=j 3 j?S H N t W H f WW • a W a 0 Q 3 J O S Q~ Fy ~~ ~~ y a ~ ~ ~ a D6-A a W O~ }~ I- ; V,~ ~~ 'Q W Q 3¢ J O 1 60-~ b r z a s N • Los Angeles City Planning Depart.=__~,t Calvin S. Hamilton, Director Frank P. Lombardi, Esecut ive Off i~.ar Glenn F. Blossom, City Planning Officer Citywide Planning and Development Division Glenn 0. Johnson, Division Head Code Studies Section Jack C. Sedwick, Senior City Planner Robert Janovic i, City Planner Charles 5. Rozzelle, City Planner Marcia Scully, Planning Assistant, Protect Coordinator Evelyn Garfinkle, City Planning Associate Fred Hand> City Planning Associate Ronald Lewis, City Planning Associate (former project staff member) Charles Zeman, City Planning Associate • Staff SuDDOrt Donald 5. Jacobs, Data Analysis Fred Ige, Planning Assistant Joyce Odell, Cartographer Gilbert Castro, Cartographer Barbara Reilly, Typist Corrine Gluck, Typist Mary Volz, Typist Mewiand Natanabe, Typist Jeanne Crain, Typist Audrey Jones, Typist Mason Ooo ley, Photographer APPENDIC85 .' ~; „9> a yya Y'hJ-! ~~ b • b i a K~ u b .5 O r M b Y oYp O Y YY i ~u s u e YwCpCp 6 7~ yU : 4 S Y i ti ~ t~ bb Y pY a~ Sw ~ :.1 ~= a; OY 3I~ iIb Y Y 'Y s Y R OM.! S b 0 '6 ~.. yjM •v Pb ;~. 809 s e ~ w r w n w V 1'1 Y~ n y C ti M1 i Ey ^w = M "1 n w w w 9 n n w w w w w w N M S e w M ~1 ~ w n M A. a y i3 a ~Y ~ e ~~ L 3 L 8 t ~s • 1 i. 6.~ ; i ~ ~ ~ ~ ; e O O ~ v iM111 : n n e • M n 111 w e ~ Q w ti y M M O _ • _ _ n r w n w e w ~ M1 I~ N y bl y „ S e ° .q o e ~ x ., .e x ~ :~ n e w w 1'i1 M '~1 N M ~ ~ i . ~w 8~ ~ EsYs i ~8 w o • a s S ~ ~~ ~ 1 .a Z F ~~ ~f F ;+ M1 ~' n w H w e V M w G I M M1 R ~_ x k bi i e s o w ~ e o w p i 5 °. ~ n e w e o w w y .~ y r e ~ ~ i n i o y ~ p O „ O p O • o . p n . p n n n o f ~ w e » N ^ ~ ~ ~ i u n n .+ Y • p h . y n n n <e 3 Y[~ ~ n {f y 1 n C Y ~^ e p p GC ~ = Q y ~ ~ n w n n n ^ Y e Q Y ti w N w w y ~ i ~ 1 ^ ~ ^ e ~ s ~ s i• P~ i i ~ w ^ w r ~ '" w = ~ +~ w s o n " i w E 3 ~ >o i r ~ w w w .' . . . ~ n .^1 ~a ~ _ ~ _ 9 . V V n e ^ ^ ~ O w V N w O 00 3fi p V 1 M n CY ~ Y ~ ~ • V ~~ ~~ ~e s s : ~ a ~a ; i 1 • 1 ~ 1 {w 3 q y a E u y ~ ( IZ ei ! ¢ ; a ~ a $ ~ 5 ! ~l i : i ~~ w p p o e 0 e n. r o M1 r .i . e V N 1' ~ r v o - w o 0 yi n ri n O M1 H O w n O O • ^ Ly ~^ P O = M _ w n P ^ N A • ^1 w V V n : • ^ M .: s ., ~ ~ w . A r ~ ~ w A ^ ~ Y M n y ^ S Y = qq 3 ti 3 R S p ~ . 5~ .y n ^ ^ ^ n Pu C w Z ga ^ ~~ i s ~~ p ~ ~~ i~ ~ Y i ^$ 1 • s ~ 7AY Y uw rp ... a~ f :~L g .1 ~9 .1 ° ~' '~~ ~1 • cm Iuwn:na cormu:on W .nY o [Iw1N I ,N. Rio.:. ~ :a. on N:u r taAngA LLLT t11 L nlNa uon.A wo uvv wAY NOND I NOIINFN [lcl.,T.I.~ CITY OF LOS ANGELES GA LIFOR NIA ^L1 TOM aRADLE~ N AVOA APPENDIX B Nnzch 14, 1977 oownTMtNT or clTr -unN:Na !e: CITY NAIL ~oL Anaa~tt cAU1 Loma ucvlN • NANI~TON 111A NR i lOM M1101 .IIfCV.I.. OIIIC [. REQUEST FOR YOUR ASSISTANCE IN OBTAINING I!4FORWATION REGARDIiVG ADULT ENTERTAINMENT ESTABLISBh1ENT5" The Los Angeles City Council has recently requested the Department • of City Planning, in cooperation with the Police Department ano other City agencies, to conduct a study coneecning, "adul l• entertainment' businesses. Because of your particular knowledge of the businesses in the vicinity of your adrees, we are requesting that you answer the questions on the attached questionnaize. These questions relate to the effect of adult entertainment esteblis hments on othec businesses and neighborhoods in the auccound inq area. The results of the questionnaire will be of great value to ue in conducting this study. Please return your completed questionnaire in the stamped envelope provided before Apcil 1, 1977. IE you have any questions about the study or wish to discuss this matter with Planning Department staff mer~+ers, please call 405-3505. We greatly appreciate your cooperation in assisting us in this survey. Original signed by Calvin 5. 8amilton CALVIN S. HANILTCN Dicec toz of Planning CSN:CSR:cd 01178/0029A AM e0Y11L ell-IOTIRIIT O-IORTwXITY--11/-IRMAl1Y[ ACTION [IMIA~tn ADULT ENTERTAINMENT QUESTSONNAIRE Loa Angeles City Planning Department stay 9, 1977 Please answer the seven questions below by checking the appropriate spaces. Feel free to write consents in the space provided or on a separate sheet. For the purposes of this study, an adult entertainment establishment includes businesses such as: sdult bookstozes; nude oc topless dancing establishments; massage parlors; adult theatres showing X-rated movies; °peep shows"; so-called adult motels, and bars with X-rated entertainment. 1. whet overall effect do you feel that adult entertainment establishments have on a neighborhood: Effect on the businesse^ condition (sales i profits) in the area: positive negative no etEect Comments/Examples: Effect on homes (value i appearance) in the area i::m:ediately adjacent to adult entertainment businesses: positive negative no effect Effect on homes (values i appearance) in the area located 500 f ezt or more feom adult entertainment businesses: positive negative no effect Coawents/Exsmplea: • (OVER) R-1 2. Do you feel the establishment of adult entertainment facilities in the vicinity of your business has had any of the following effects? (Please check all those effects which you feel have occurred.) no ef£eet decreased property values ,^ lower rents __ increased property values vacant businesses lower taxes tenants moving out - ~ higher taxes ~omplainta from customers ______ decreased business activity _ less crime __ increased businnas moss crime more litter _ improved neighborhood appearance deteriorated neighborhood appearance other {please specify) ' Please lint specific example^ relating to any box checked, iamediately above. ' 3. What are the hours o£ operation Of your business? 4. Have you seriously considered moving year business elsewhere because of nearby concentrations of adult entertainment buai neaaee? yea no Why? 5. Would you consider expanding in 'your cuerent location? yes no; if not, why? f'2 - 6. What types of adult entertainment establishments are Chere in • your area? (Please check all appropciate boxes.) adult bookstores nude or topiesa dancing massage parlors adult theatres peep shows adult motels bars with X-rated entertainment How far from your business is the nearest adult entertainment establishment? Thank you for your cooperation. Please return this questionnaire to: City of Los Angeles Department of City Planning 200 North Spring Street Room 513, City Rail Los Angeles, CA 90012 • (Business) Address 8-3 - GT t~I1NNIND . (OYYIYION li[Tf[ N[INwN AINCINT ~Kt n[ a er DANI[lt Ow11QA lllt[II [. NIMO uONwNO uvv NAYYONOI NONMwN {{rJRMY CITY OF SOS ANGELES uutonnu ~Q TOM aRAC LEY YATON nrrzaaix c March 14, 1977 DnANTY[Nr o. em •unNlna /11 CITY NwLL tp/ ANOfI[/. Glir /OOII GAYIN \ MAYIITON OIIIn.TM t14NF t LOY/ANOI [1{omr{ orncu The Los Pageiea Clty Council has recently requested the Department of • aQmcieas~ t~og~conduet ie study eon erring 'adult en~ertainment'n'dbuaineaaeiay Hecnuae of your particular lmcwledge of thb businesses fa the vicinity of your address, we are requesting that yctt aaswer the queaeiona on the attached questionnaire. These qu:ationa relate to the ~fect of adult mter- taiammt eatabtiahments on other 6ueinessea and neighborhoods in the aurroundiag area. The results of the questionnaire will be of great valuz tc a in conducting this study. ?lease return. your completed queaticnaaire fa the stamped envelope prwided'oefore April t, 19T?. , If you hays say questions about the study or wish to discuss this matter with ?lanning Department staff members, please call 455-350:. pe greatly appreciate your cooperation is assisting ua in this survey. ~~j A .lf. i CALVIN S: ~HAMI:.,TCM Director of ?fanning CSH:CSRatnc -C- ADULT ENTEATAINtL~NT QUESTIONNAIRE !qe Aagelea CSty Planning Depa: talent Narch lb, 1977 Please give your oDlnlan regarding questions set forth below by checking the appropriate spaces and providing comments Sn the apace provided or on a e~ante sheet. Por the purpoaaa of this !Ludy, "adult entertainauent eetaDliahamnta" Sn- elude buaineaaes ouch m : adult Dookatons, Rude or teplass daacing •stab- 1lshmenta; mm sage parlors; adult theatna showing X-rated moviaa; "peep shore"; ao-oalled adult motels and Dan with X-rated •ntertainmeat. -' ETPECT CN SURACUNDINU BUSINESSES 1. Vhat •ffeet does the concentntlon of adult entertainment astaDlish- eants have on ^he market value of business property (land, structures, flstures, etc.) located n Lhe vdeinitq of sash eatabllehmenta? • inenase 1n valw_ decrease in value_ no effect Comenta/ezamplea: (Pleura sits specific ezamplee, Sncludlag avail- . able data.) • s 2. Mhat effect does Ehe eoneentntion of adult eniertainaunt •etabllsh- arnta have on the rental value of'Dmiaeas property located in the vicinity of aue4 mtmliahmenta? Soanme Sn valus_ deesems Sa valua_ eo elfeot Comments/examples: (Plem• cite ~specifla ezamplea, including avail- able data.) 3. wrest effect doss the concentration of adult entertainment eatabllah- amnts have on the xntaDility/saleebil3tq of Dua Sneae property located Sn the vicinity (length of time required to rent or sail property; rata of lean ee/buyer turnover; types of Duslnasa es of proapeotive leaseea/Duyen; conditions of tale or lease, etc.)? Snarema Sn nntaDility/aaleab111ty deanm• in anLaDilltq/a alsab311ty • no offset Comments/szaatplea: (Plana oite epeelflo ezaap lea, Sna luding oval lab to data.) -~- A. Mbar effect does the eonaantrttian of adult entertainment Btabllsh- rnts have on the annual incomt of baa!reises located is tht vicinity or such eatao llshmentaT ' 111Ceast6 StiCOmt`~ Q\altuf6 Saaaae`~ 6a •ttfat~- Co®enta/e:ampite: (YLaa• eita apeeiric tzaaplfa, Saeluding availab It data.) • •~ 5. Have any buainaaa owners or propritiora Dona Sdered reloeatinQ or not ~ •spanQin6 tNir bus Sneaaea Dacause of the ntarby eanetntratlon of edLLlt enttrtalnaeni stab llfhIDfataT - Sea Ho Aot lmewn If 7ta, pleaa• iadlcatt Lha aptcifia raison, it Imowa. 6. IA HCRRL ]rasa, has the aoomaralal rita11t7 (salts, pratlts, etc.) of any asea Sn tbt CSty of Loa AnAelaf Hera athetad in any wf7 by the rarb7 eoaasneratioa of adult tntercalnment eatabilahrataT Its Ho Hot, tmowa IL lea, rAictr araasT ~ ~ ' Coaotnta/azamplta: (Plana alts •tteasa and provlG arallabU data.) G2 -3- EPPECR OtJ SUPg0U1JD 2YC RESSDn`J•"iAL >n0pcgm.ES . T. Ytut effect does the concentration of adult entertainment establlah- aeots have on the market value of private residences located wi thir. the following distances from such estab llahmenta? Increue Deere eae No Effect Use than 500 feet 500 - 1000 feet Mote than 1000 feat Comments/examples: (Please cite spe cltie examples, Sncluding avallab le (dais.) g. Yhat effect does the concentration of adult entertalmmant tatabldah- srnLS have on the rental value of realdentlal Sncome property located riLhla the following distances from such aataDllahaMnta7 , 2aerease Dacnafa No Effect • haaa Shan 500 feet _ 500 - lone r..t ' gore td.n iooo ra.e Conmenta/e xamplas: (Please cite specific ezamples, including ava11aD1e data.) , 9. What affect does the eoneentrstion~of adult antartainment astabllsh- agnta have on the renLaD111tq/aaleaD111ty of resldentl al property located vithdn the following distances from such eatab lishminta7 Iacreue Danreua No Efteet Leas than 500 feet 500 - iooo rear • lore Chan iooo tees ' Cosaenta/examples: (PlaaDa alts specific asamples, including avai laD la data.) ._ _M . QTERALL F2PYC^S 10. In regard to the quaa tl one act forth above, yletae dea criDa the •ttacta which you believe the eoneentratlon of adult aota rtaln0enC bueineaaea !aa on each of the fallowing: Property •aluaa of avrrounding: Co®ascial yroparty A•idantial proP•rty Nahtal nines of aurrouading; Coarroial yraperty . N•aldaxrtlal Property. .. Yananalaa ~Ir Lallgth Nate of t•aanL Euraovar eon.,., bualnass Snaoo• Coa~laints frog eusCOaMrs and raaid•nta dw to eonantratioh. ' • N•Sp;Darnood ippaaranca CrL• LSLUr Other (please spaaity 'monk you for )our cooperation. Plana return thla qun tioanaira Eo: Cit) of Loa Angelo Daysrinant of CSty Planning 200 NortA SDMng Street Doom 516, Cit) 1411 • Ioa AgNalaa, CA 90012 Nos Or~anisatioo Addraas Do you vish to b• notiri•d of the pubila Marini on Lhia nattarT !o No ~.~ n u APPENDIX D-1 May 3, 1977 Cotmrned Members of the Public ADDLT ENTERTAINMENT STUDY we wish to thank you for your interest in the above matter. Recently, residents o! the Studio City area have received erroneous in€ormation regarding the activities of thin Department. Sps~~ tally, they have bean informed that it is our intent to create an "adult iatertainmant sons' oa Ventura Boulevard. This information is not oorraM. In January of this year, the Los Regales City Council instructed the ~Plaanlnq Dspartmeat to conduct a study to dstarmins whether so-called 'adult antartainmsat' astablUhanU, where they exist in concentration, tend to haw a Qetarioratirol or blighting effect on adjacent propsrtia• and areas. 91nea ~~at time, the Department staff has been avaluatiag data lrom the public and gowrnmsntal agencies to datarmiaa whether svideaca of such effects exists. Within the next two months, the analysis of the informatioh gathered will be presented to the Los Angeles City Council which w111 make • decision as to whatMr adoption of regulations is appropriate. Ne regret that you were sent alarming erroneous intoxmationt if you haw any further qusations, please call my ataL! at 185-3508 or X85-3868. (Original signed by) CALVIN S. HAMILTON Diroctor of Planning CSH:RJ:mw eppenasx u-c _t ~\~~. Jw P``EN ,,•' d~~`ELS• wyd' w~ tMOF~ ENS ,. ~,e~~,~~~~\a~"``\,,A~'~~,~N~ V0.G N'~E0.tP\ e~ \\i ~'" 1 eFtt\ w C t Eel v.\`A~P\.rt W~O~ y ~ ",e~' ~`'"J\.D'``r .QA•PpJ~ ~~"0.'d\n \~~\\~w• Mutyp.\.~'a WO" w~\\ any ~iy ~~\At°~ . , of tar" ~i,•p, W"p~d~ CEO \e*S P~' aSNE 5P~ • ~ ~\, ~ P '~~ ra. PTV ~ td`~poN t~ pP ti~s~-~~~ • ~~~~ ~~~~ u~° Eg• ~ ~ ~t! µ~ ~~ ~~~~ >~~. APPENDI% 0~3 PRfVA TELY DISTRiBUTEO QUESTIONNAIRE (Note Nat a portion of P)ann ing Department Study) RESPONSES - Total no. of respcnses uestion 1. What effect does the concentration of adult entertainment establishments have on the market value of business property (land, structures, fixtures, etc.) located in the vicinity of such establishments? • 197 Response Increase in value 2 cecrease in value 178 (90.4%) no effect 2 2. What effec+ d ~ she conc.~ntr ti n of a.^.u~t e t ta~nmant estabii hments have o~ ~h~ r ~~'a v ~;e of bus ness property lnc~rtr ir~n the vicinity of such estab ishments7 3. What effect does the concentration of adult entertainment establishments have on the rentability/saleability of business DroDertY ~cate~d n vicir ty (length of time required to rent or sell property; rate of lessees/ buyer turnover; cond ittons of sale or lease, etc.)1 increase in value 2 decrease in value 169 (85.8%) no effect 3 increase in rentabflfty/ saleability 2 • decrease in rentability/ saleability 161 (81.1%) no effect 3 4. What effect does the concentration of increased income ? adult entertainment establishments have an the annual income of businesses decreased income 149 (75.6X) located in the vicinity o such cstabl's hmt'~L S7 no of to ct 5 5 Have any bu~inesS o~:ners or propr-tetors yes 71 (36.9X) conside ~ed relocating ar not expanding their businesses because of the nearby no 4 (4.9X) concentration of adult entertain.,cnt establishments? not known 96 (48.7X) 6. In recent years, has the commercial yes 100 (50.8X) vitality (sales, profits, etc.) of any area in the City of Los Angeles been no. 57 (28.9X) affected in any way by the nearby concentration of adult entertainmen4 not known (35.8%) establishments? • D-3-1 • 7. What effect does the concentration of adult entertainment establishments have on the market value of private residences located within the following distances from such establishments? Increase Decrease Less than 500 feet - 148 (100X) 500 - 1000 feet - 145 (100X) More than 1000 feet - 142 (95.9X) 8. What effect does the connentratten of adult entertainment establishments have on the rental value of residential income property located within the following distances from such establishments? • Increase Decrease Less than 500 feel - 143 (99.3%) 500 - 1000 feet - 138 (98.6X) More than 1000 feet - ~ 133 (95%) 9. What effect does the concentration of adult entertainment establishments have on the rentahilit /sale aDilit of residential Droperty ocated within the following distances from such estaDlish- ments7 No effect Total - 148 - 145 - 148 Na effect 1 2 (1.4X) 7 (50X) Increase Decrease No effect Total 144 140 140 Total less than 500 feet - 147 (100X) - 147 500 - 1000 feet _ 141 (99.3%) - 142 More than 1000 feet - 141 (97.2%) - 145 10. (Not tabulated) In summary, the respondents felt that the Subject businesses nave a decidedly adverse impact on surroundSng businesses and residential properties and the large majority DelSeve that the adverse effect extends beyond the 1000-foot radius. D-3-2 Comments indicate concern for: 1. personal safety, e.g. assaults 2. moral effect on children 3. safety of property, e.g. vandalism, robbery, etc. 4, neighborhood aDDearance. Adult entertainment establishments were described variously as tawdry, tacky, garish, seedy, messy, neglected, untidy, blighted, unkempt. 5. titter, e.g. cans, bottles, ~newpapers, etc., strewn about public and private property, especially heavy after Saturday night, 6. spillover parking into residential areas. Dn-Site parking is often inadequate. Customers seeking anonymity park at a distance away from any given establishment, on residential streets. 7. graffiti on pu611c and private property. • D-3-3 APPENDIX E • SANTA MONICA BOULEVARD & WESTERN AVENUE NODE CITYWIDE POPULATION 1960 1970 1960 1910 Tctal Population 18,464 19,033 2,479,015 1 2,811,8C: 60fi 503 Black 38 340 334,9 6 5 13 , 17.9 Percentage 0.2 540 1.8 833 3 . 260,399 518,791 Spanish 7 3 , 20.1 10,5 18.5 Percentage . 1 42 38.0 33.2 30.6 "fePian Age ?crsons 0-17 . 2,190 3,126 756,640 849,246 Percentage 65* 11.8 2 3 76.4 3 30.5 253 9 9 30.2 283 9 Pzrsans 13 2 1135 1 0 2 10 1 Percentage No. cf Husband & Hife Families 3,153 3,380 545,109 553,554 Nc. cf Unrelated Individuals 3,833 6,190 329,977 421,101 Average Hcusehold Size 1.95 1.90 2.77 2.68 . HOUSING 173 074 1 Total Units 9,859 2 938 10,667 919 1 935,507 145 559 , , 560,378 Sin07es 0 10 , 18.0 , SS.O 52.0 Percentage Multiples . 6,921 8,748 375,762 510,261 Percentage Built Pre-1939 70.0 7,039 82.0 5,736 40.0 481,797 47.4 328,988 Alt OccuDicd Units 9,226 9,962 876,010 1,024,835 Owner 1,330 1,078 404,652 419,801 Percentage 14.0 896 7 11.0 8,986 50.0 471 5 39.0 607 6 Renter , 86 0 85 0 43 0 4 5 Percentage . . ECONOMICS Median Family Income 5,699 1,713 6,896 10,535 Median School Years 1 12 12 3 12.1 12.4 Completed . . Median Value Owner Occupf ad in S 16,450 25,825 11,300 26,700 Median Rent in f Total Employed 77 9,370 105 9,113 78 126,276 114 1,150,?96 Unemployed 900 912 6,914 86,802 7 5 Percentage 9.6 10.0 5.5 . E-1 ~. IANKERSNIM BOLLEV~RO b IJHIPP:.E STREET ' (Valley C~.n trcl .;rea) NOOF CITYWIDE POPUtATiON 1960 1970 1950 1970 Total Dopulation 5,491 5,897 2,479,015 2,811,801 Black 9 2 334,916 503,606 Percentagz 0.0 .1 13.5 17.9 Spanish 100 439 260,399 518,791 Percentage 1.8 7.4 10.5 18.5 Median Age 42.1 41.6 33.2 30.6. Persons 0-17 1,106 1,091 756,640 849,246 Percentage 20.1 ~ 18.5 30.5 30.2 Persons 65~ 729 1,076 253,993 283,395 Percentaye 13.3 18.2 10.2 10.1 No. cf Husband & Wife Familizs 1,37i 1,301 545,109 553,564 No. cf Unrelated Individuals 841 1,337 329,977 421,701 Average MruszhJld Size 2.36 2.11 2.77 2.68 NOOSING Total Units 2,520 2,865 935,507 1,014,173 . Singles 1,289 1,082 559,745 560,378 Percentage 51.2 37.8 59.0 52.0 Multiples 1,231 1,183 315,7b2 510,261 Percentage 48.8 62.2 40.0 47.4 Built Pre-1939 89B 813 481,797 328,988 Ail Occupied Units 2,328 2,190 876,Oi0 1,024,835 Owner 1,076 989 404,652 419,801 Percentage 46.2 35.4 50.0 39.0 Renter 1,252 1,801 411,358 607,573 Percentage 53.8 64.6 43.0 56.4 ECONOMICS Median Family Income 8,08b 13,154 b,896 10,535 Me:.'i an Sch rcl Years Completed 12.6 12.6 12.1 12.4 Median Value Owner Occupied in f 22,350 37,/00 17,300 26,700 Median Rent in f 92 13b 78 114 Total Employed 2,574 2,736 126,276 1,150,796 Unemployed 171 280 6,910 86,802 Percentage 6.9 10.2 5.5 7.5 • E-2 . NOLLYWOOC & WESTERN' NODE CITYWIDE POPULATION 1960 1570 1960 11)0 Total Populatior. 6,860 8,438 2,41S,015 2,81?.,801 Black 3 72 334,915 503,606 Percentage - ,1 13.5 17.9 Spanish ?83 109 260,359 518,191 Percentage 2.6 10.1 10.5 18.5 Median Age 43.9 41.3 33.2 30.5 Persons 0-i7 576 803 756,640 845,246 Percentage 8.3 9.4 30.5 30.2 Persons 65t 1.158 1,644 253,9S3 283,355 Percentage 1fi.8 1S.M1 ?.0.2 10.1 No. Of Husbrnd & Nife Families 1,306 1,408 545,101 553,564 No. of Unrelated Individuals 2,805 3;f 02 325.377 421.701 Average Household S?ze 1.76 1.62 2.77 2.68 HOUSING Total Units 6,773 8.044 935,107 1,074,173 S Singles 764 702 559,745 560,378 Percentage ?.1 .3 8.7 SS.O 52.0 Multiplas 5,818 7,559 375,762 510,261 Percentage BS.S 44.0 40.0 47.4 Built Pre-1539 3,731 3,037 481,751 328,988 All Occupied Units 5,996 7,506 876,030 1;024,835 Owner 394 420 4C4,652 419,801 Percentage 5.6 5.6 50.0 39.0 Renter 5,502 7,137 C71,358 607,573 Percentage 53.4 S4.4 43.0 56.4 ECONOMICS Median Family Income 6,429 8,531 6,896 10,535 Median School Years Completed 12.5 12.6 12.1 12.4 Median Value Owner Occupied in E 22,200 31,333 17,300 26,700 Median Rent in f 92 ]23 78 114 Tota' Employed E,535 6.745 126;276 1,150,196 Unempioyed S9?. 515 6,911 86,802 Percentage 7.4 8.5 5.5 7,5 E-3 SANTA MON}CA BOULEVARD b VERMONT AVENUE NODE CITYNIOE PODULATION Total Population Black Percent r.ge Spanish Percentage Median Age Persons 0•~'.7 Percentage Parsons 65+ Percentage No. of Husband 6 Nife Families No. of Unrelated Individuals Average Household Size HOUSING Total Units Singlcs Percentage Multiples Percentage Bu11t Pre-1939 All Occupied Un1ts Owner Percentage Renter Percentage ECONOMICS Median Family Income Med7zn School Years Completed Medl an Value Owner Occupied in S Medf an Rent in S Total Employed Unemployed Percentage 1.9E0 1570 1550 1970 16,855 15,736 2,475,015 2,811,801 510 1,287 334,516 503,606 3.0 8.2 ~ I3.5 17.5 869 3,936 250,359 518,751 5.2 25.0 10.5 18.5 38.8 34.2 33.2 30.6 2,482 2,751 756,E40 8wS,245 :4.7 17.5 30.5 30.2 2,830 2,432 253,SC3 283,355 16.8 15.5 10.2 IO.I 3,343 2,720 545,109 553;063 4,881 4,818 325,977 421,701 2.04 2.01 2.71 2.E8 8',856 7,982 935,507 1,074,173 2,655 1,913 555,745 560,318 30.0 24.0 59.0 52.0 5,53!. 5,081 375,762 510,261 62.4 76.2 40.0 4).4 6,589 4,OS3 481,797 326,988 8,274 7,636 81b,010 1,024;835 1,404 896 404,552 4i?,801 11.0 11.7 50.0 35.0 6,870 6;748 471,358 607,573 83.0 88.4 43.0 56.4 S,SO1 8,142 6,896 10,535 12.2 12.5 12.1 12.4 15,915 24,100 17,300 26,700 76 103 78 114 9,073 6,528 12 F,„276 1,150,195 595 465 6,S14 86,802 6.6 7.!. 5.5 7.5 J -.J E-4 . SEL"A AVENUC CANUENC,A 80UlEVARO NODE CITY'r!IOE POPULATIpN 15E0 :'.570 1550 1470 Total Population 14,88E '3,821 2,:79,015 2,811,801 Birck 43 342 334,9 i,5 503,606 Percentage .3 2,5 ?3.5 17.S Spanish 840 1,822 2G0,3S9 5i8,7S1 Pe ~ccntaae S.E ?.3.2 10.5 I8.5 Median Age 43.3 39.8 33.2 30.E Persons 0-ll 1,309 1.228 756,6:0 849,24b Pzrczntrge 8.8 9.D 30.5 30.2 Parsons E5+• 2,895 2,712 253,9S3 283,395 Percentage 15.5 19.6 10.2 i0.i No. of Husband & Wife Families 2,406 1.876 545;_09 553,554 No. of Unrelated Ind+v :dud s G.u31 5,95]. 325;577 421,701 Avzrrge Household S+ze 1.G8 1.G0 2.17 2.68 HOUSING • Total Units 10,022 9,680 935;507 1,074,173 Singles 1,714 1,140 554,745 560,378 Percentage 17.1 11.8 59.0 52.0 Multiples 8,1?.0 8,533 375,762 510,261 Percentage 80.9 88.2 40.0 47.4 Built Pre-193S 1,197 5,161 481,797 328,988 All Occupied Units 8,938 8,658 676,010 1.,024,835 Owner 812 683 404,652 415,801 Percentage 9.? 7.S 50.0 39.0 Renter 8,1.64 7,S65 671,358 607,573 Percentage Si..l. 52.1 23.0 56.4 ECONOMICS Median Family Income 5,535 7,584 5,896 10,536 Median School Years Completed 12.2 12.5 `_2.1 12.4 Median Yriue Owner - Occupied in E 20,125 30,525 17,300 26,700 Median Rent in 8 80 111 78 114 Totai Employed 8;112 6,S90 126,216 1,i50,1S6 Unemployed 9^.8 9~i3 6,514 8tl,802 Percentagz 12.3 13.5 5.5 7.5 E-5 TUJUNGA BO L'.EVARD & VENTURA BOULEV4RD NODE CITYWIDE, POPULAiIOr! 1460 1470 146f, 1570 Totat Papulr.Non 1.7,544 11.,599 2,419,015 2,811,801 Black 50 44 334,916 503,606 Percentage .3 .4 13.5 11.5 Spanish 398 J58 260;399 518,74: P;:rcentzge 2.3 6.5 10.5 1.8.5 MEdizn Agz 39.E 38.7 33.2 30.6 Persons 0-17 3,638 2,137 156,640 849,245 Perczntage 20.J 18.0. 30.5 30.2 Persons 55+ 1.,368 1,232 253,SS3 283,345 Perczntage 7.8 10.6 70.2 i0.i No. of Husband F W+fE Frmilizs 4,525 2,E5; 5,5,709 553;E64 No. of Unrelated Individuals 3,100 2,832 329.917 421,101 Average Mousehotd Size 2.3E 2.17 2.17 2.68 HOUSING Total Units 8,110 5,529 935,50) 1,074,173 5ingles 4,520 2,716 559,745 • 560,378 Percentage 55,7 49.1 55.0 52.0 Multiples 3.590 2,813 375,762 510,261 Percentage 44.3 50.9 40.0 47.4 Built Pre-7.939 2>058 1,009 481;757 328,988 All Occupied Units 1,548 5,367 876,010 1,024,835 Owner 3,404 2,4fi3 404,652 435,801 Perczntage 51.4 45.9 50,0 39.0 Renter 3,644 2,904 471,358 607,573 PercentagE 48.3 54.1 43.0 56.4 ECONOMICS MEd+an Family Income 4,S56 15,672 6,896 10,535 Median Sc h.ool Years Completed 12.6 12.4 12.1 12.4 Median Value Owner Occupied '.n S 23,700 39,650 17,300 26,100 Median Rent in S 98 142 18 114 Total Empioyed 8,800 5,965 12E,276 1,150,196 Unemployed 584 504 6,914 86,802 Percentage 6.7 B.4 5.5 7.5 C.~ E-6 HOLLYW000 80ULEVARO AND HIGHLAND AVENUE NODE CITYWIDE v'.P ULAT;ON 1960 1970 1560 1970 Tnt~l Populat°on 11,438 72,016 2,479,015 2,811,801 91ack 38 325 334,916 503,606 P•: rcentage .3 2.7 13.5 11.9 Spanish 357 1,509 260,399 518,1S1 Percentage 3.1 12.6 10.5 18.5 Median Age 44,5 41.0 33.2 30.6 Parsons 0-11 832 970 756,640 849,24b Percentage 1.3 B.1 30.5 30.2 Persons 65+ 2,281 2,379 253,993 283,395 Percent r.ge 19.9 I,S .B 10.2 10.1 No. of Husband & Wife Families 1,718 1,606 545,109 553,564 .lo. of Unrelated Individuals 5,768 6,408 329,977 421,701 Av [.rrge Hou <_chcid Sizc 1.57 1.56 2.77 2.68 HOUSING S Total Units 8,261 8,835 935,507 1,074,173 Singles ?,165 858 559,7C5 560,378 Percentage 14.2 9.7 59.0 52.0 Multiples 1,067 7,958 315,162 510,261 Percentage 85.5 90.1 40.0 47,4 Built Pre-1939 5,168 4,344 481,797 328,588 A11 Occupied Units 1,322 7,756 876,010 1,024,635 Owner 559 559 404,652 419,801 Percentage 7.6 7.2 50.0 39.0 Renter 6,781 7,197 471,358 607,573 Percentage 92,4 92.8 43.0 56.4 ECONOMICS Median Family Income 5,792 7,510 6,896 10,535 Median School Years Completed 12.3 12.6 12.1 12.4 Median Value Owner Occupied in S 23,000 33,300 17,300 26,700 Median Rent in S 85 117 78 114 Total Employed 6,469 6,117 126,276 1,150,796 unemployed 861 878 6,914 86,802 Percentage 13.3 14.2 5.5 7.5 E-7 "1 MOLLYW000 ROULEVARO ANC GONER STREET . NODE CITYWIDE 70PULAi10N 1,960 1,970 1560 1970 Total Population 7,067 2,342 2.r7g,0i5 ~ 2,811,801 Black 9 53 33C,916 503,50E Parr nt r.ge .7. 2.3 13.5 11.9 Spanish 292 311 260,3SS 518,791 Percentage 4,1 7.3,3 10.5 18.5 Median Aoe 45,2 37.3 33.2 30.E Persons C-17 567 227 756,640 849,246 Peroentage 8.0 9.7 30.5 30.2 Parsons 65+ 1,445 325 253,993 283,395 Percent r.ge 20.4 13.9 10.2 10.1 No. of Husband & W'fe Families 1,3:6 336 545,109 S53,SE~i Nc. o` Unrelrtad Individuals 2,707 1,155 329,977 421,701 Ave ra9z Household Size 1.74 1.64 2.17 2.68 w0U5ING Total Units 4,334 1,571 935,507 1,074,173 • Singles 66S 226 559,745 560,378 Percentage 15.4 14.4 59.0 52.0 Multiples 3,463 1,365 375,762 510,261 Percentage 84.6 85.6 40.0 41.9 Built Pre-1.939 2,778 726 481,797 328,988 Ali Occupied Units 3,924 1,446 876,010 1,024,835 Owner 345 93 404,652 419,801 Percentage 8.B 6.4 50.0 39.0 penter 3,579 7,353 471,358 607,573 Percentage 91.2 93.6 43.0 56.4 F.f ONOMICS F~edian Pam?ly Income 6,102 6,515 6,896 7.0,535 Medi t.^. School Years Completed 12.4 12.4 12.1 12.4 Median Value Owner - Occupied 1n f 21,750 21,600 17,300 26,700 Median Rent in f 84 112 78 114 Total Employed 3,885 1,430 126,276 1,150,796 Unemployed 380 148 6,91A 86,802 Percenttge 9.8 10.3 5.5 7.5 • E-8 LANKERSHIM BOULEVARD d VINLANO AVENUE - NODE CITYNIOE POPULAitON 1960 1976 1460 19)0 Tota? Population 1,600 9,344 2,479,015 2,811,801 Black 1 0 334,916 503,506 Percentage 0 0 I3.5 17.9 Spanish 263 146 260,399 518,791 Percentage 3.5 1.6 10.5 18.5 Median Age 41.9 38.7 33.2 30.6 Persons 0-17 ).,551 1,697 156,640 849,24b Percentage 20.4 18.2 30.5 ~ 30.2 Persons 654 1,268 1,674 253,993 ~ 283,395 Percentage 16.7 17.9 10.2 10.1 No. Of Husband 6 Nife Families 1,833 1,963 545,109 553,564 No, of Unrelated Individuals 1,325 2,521 329,577 421,701 Average Household Sixe 2.35 1.70 2.77 2.68 _ MOUSING Total Units 3,558 4,897 935,507 1,074,173 Singles 1,705 1,359 559,745 560,378 Percentage 47.9 27.8 59.0 52.0 Multiples 1,853 3,538 375,762 510,261 ~- Percentage 52.1 72.2 40.0 47.4 Built Pre-1939 1,501 1,369 481,797 328,988 All Occupied Units 2,711 4,677 876,010 1,024,835 Owner 1,213 1,143 404,652 419,801 Percentage 44.7 24.4 50.0 39.0 Renter 2,098 3,534 471,358 607,513 Percentage 55.3 75.b 43.0 56.4 ECONOMICS Median Famfly Income `6,690 9,471 6,896 10,535 Median Sch0o1 Years ComDieted 11.9 12.4 12.1 12.4 Median Value Owner Occupied in S 17,800 25,450 17,300 26,700 Median Rent in S 86 118 78 114 Total Employed 3,483 4,452 126,276 1,150,796 Unemployed 267 291 6,914 86,802 Percentage 7.7 6.5 5.5 7,5 E-9 1~ Ir i ..~ ~ ... ~ AN ANALYSIS 1934 ~~ t r_ ~- t ADULT ENTE RTAiNME NT BUSINESSES IN INDIANAPOLIS AN ANALYSIS U De pa rc men[ o` Metropolitan De vc lopmen[ Dl v. s.on of Planning ' ie6rua ry, 1984 • f~ ~. Z ~ S~ 1L l C L` 5'JnMARY AND RECOHMEN DATI ONS t r r \ SUn.'LA RV AND RECOnnEN DATI ONS t During the Dast ter: yea r5, Indiana?olis has exDeri en ced a signi- 1( fican[ yrowtn ,n the number and varie [y of adult entertainment b u5ine5se5 located in ,t5 juristlicti on, An adult cote r[ainmeni business, for the purposes of this study, is an est abiishment wn~ch Dri marl lv features sexually stimulating material or per- formances. As of mid-1953 there were sixty -ei got such businesses operating in ;his City, They were located at forty-three separate sites. Tne proli fe ratirn of these businesses hti gh toned the communi ;v 's awareness of their existence and resulted in nUme rou5 reC Ues is that the Ci tv control tne~r presence. Beyond the mo rat ooj ecti ors raised by manv citizens, it was also alleged [hat such. businesses had a detrimental effect on probe rev values and coot ributea to hi pit crime rates woe re they were located. n ~~ The Indi an aoolis Division of Pl anninp undertook [his stucy ir. July of 1383• Df the existing adult entertainment sites, the stutly examineE six representative locations ( the S[udv Area , a^d the presenCt - or 1aCA [ht re of Of Ce ruin rl~evint Crndi- • ' ti ohs therein. It then conpa red these sites wi to six pnvsi cal ly ` Simi tar iocacions ', tn< Con upl Area) ca-.: ain;ng nc as u!: u.- ttr;a~nmen; business. both grouts Of Sites ..ere iv: :arts «i;n ;ne City as a whole. ~ 5ecause of their inpor:anct tc tot publit ,.tlf:re of the comnur.- it)~, :ne stutly txdmi nod the fiC C4 rs of trine inCidtn C! Cufinp ;ne pen od ty 78 - 1382 and real es :ate vat u< appreciation fro- L 1y79 - !582. In support of limited real estate eats on a small area level, the City collaborated with Intli ana University it a national survey of rea; estate +pD raise rs to develop a "best Grc- fessional epinior" d5 to the effc :i C` adult cote r. ai one n: busi- nesses on surrounding real estate values, As pisc'rs bed ir. Ap pendlx III Of (his rtpprt, CdSe Id. h8s r.r^.Iv e s; aDiishec tLe It pal and constitutiocal Oasis for ccnt rel o` the use of lanE wi [hir their jurisdicti an by states antl nwniclpili [its In order tc safeau:rd "the public health, safety, me rals anE cer- eral welfare of their citizens". The "public welfare", in this context, erDra«s the s:abi lization of probe rt)' values anE the + promotion of desiraele home Surroundings. Dn [he other hand, Il ~ case law has also uDhe ld the right of this business sector to operate in the community under the First and FOUr[een th (vmend- menu of the Constitution. In establishing an enpi ric base to determine whether controls were • ` warranted in order to direct the lot ati on of these businesses. r analyses Of tMt data showed: r • - Tne ave rase major crime rate ( i.e., crimes Der 10,000 - population ) in [he IPD District was )4B,j5, the Contrcl Area 6f56.34, and the St uoy Area 1090.51. naj or cn mes oc- curred in areas of the study that contained at least a+e adult entertainment establishment at a rate that was 23` l ht gher to an the six slmi lar areas studied not having such businesses and 46$ higher 2h an the Police District at large. r - AI [houeh it was imposs ibte to obtain a discrete rare for sex-related crimes at the Doli ce district level, it was possible To comps rc ra ies between the Control Areas antl 1 the Study Areas. The average sex-re laced crime rate in ~ the Control Areas over the five year period was 26.2. I while that rate for the Study Areas was 46.4. l - If the ratio of sex-re!atec crimes was the same as roar established for major crimes between the Contrcl Area ant the Study Ares, however, we would expect a sex-re iatetl c a me rate of 32.3. The actual rate of 46.4 is )7~, hith- er than that of the Con irol Areas rather than the 2j;; that would be exDe cted and indicates the Dresen ce of aoncrmai influences in the Study Areas. - Close examination of crime stacisti to within Me St uav Areas indi Cate a direct correlati an De Maen cr. me a^c the L ` residential character of the neighborhood. Crime fret u<n• ci es were 56$ higher in residential areas of the s;uc) than in its camk rcial areas. - At the samc tine, sex-related Crires occur retl four tints L mere frequently within resitlentiai nei ghp0 rnrmps tavinc at least one adult enter Uinment bus mess th ar. it r.t~cr- borhoods having a substantially discri ct-rclaietl co.-rer- ci al make-uD having adult chic rtainmen t. - Although the Rousing base within the Stuoy Areas was of a distinctly higher value ihan that of the Control Arc as, L its value aDP reci sled at only one-half the rate of tl.c Control Aresi' and one-third the rate of Len ter Ttxm Shio as a whole durino the period 1979 - 1982• - Pressures within the Study Ore as caused the rt al estate market within their bound+ries to De rfo rm in a manner con- r tra ry to that within the Con [rol Areas, Center Tonnsnip L and the County. In a time when the market saw a decrease of 50: in listings, listings within the Study Areas actu- ally increased slightly. ii r r rr I` - AS a result, twicC as many houses were placed on Lhe market a[ substantially lower prices than would 6e expected had the study Area's market performance Deen typical fpr [he period of time in question. r - The art a[ major. tv of aDD rai se rs (75 e) who resounded to a na- tional survey of certified real estate appraisers felt i~a; z- ~ adult bookstore located within one block would have a ne ca:i ve ~ effect on the value of bola residential (BO e) and co-rx rci a7 (72$) Drope rti es. 5C)`s of These respondents fores av. an imrKdl- ate depreciation in eACess of l0i• - A[ a distance of three blocks, the great majority of respc^.- `' der.;s (11 q) felt that the inoact of an aoul; boo.sic rt fe i'. .~ Snafp ly SO fM[ the impale wii nlaliOib It W DO:r, t5~aer ;. E` i (0 §1 and comet rci al (7i=:). At the sati ;ine, it a the residual e(ftct of such a use was a_re ester fc• its ~pt-.;;xi Inan for comae rci ai Drope rtie3. - In answer to a survey ouestian re yes reing the irpa:: c` a >__ . booxs[o rc or, property values generally, jy 5, `ell ;: at rt v • wau1C St a aJDS:aniiil-;~ nOa ra i! nt ga2i vt in.:,8i :, j., Sa~~ - ii[: it Or np ir~aCt, and ZQ%. Saw Ine Cfft C: a5 pt•-C [c: :'.- . On fdQorS SuCn a5 Lne Ort qD-~i '.lr; v81ul5 (p rapt r:~ a'C 5:: i exi i:ing ir. the nli anbO rnODC, ;nt at vl i0p'Ca: StlnCirD! .cJ '- ec on the use, and the ability cf ar exis:ine co•=-nrn al r [c t~`fer the imp ad: fron c:her uses. t b'ni le ine s:acitt~cs assert led anG ar a'.yzed in ;rJS s: ucy snDUlc :. • De CpnS:rutd a1 pfpving [ha: atlul[ bus ices See CiJS! V•t r,t ci:i vt im- pacts illun:ni:ed nt reiq, an obvious va ri a: it i• each ins; an ct of cer- par~sor. is their presences Crime rates - ^arti:,+l ar{y ;ne se Lnat are sex ^e!a:ed - sap., supsS anti al de vi aiion fror~ nGrna! rids (or :his pcpul a:i on, a,.iyst: of real es:ate listings a,c sages s^,~„ t nega- L tively abno r.:al pe rfurr..an ce of the real estate ma r~et it are is woe rt adult en to r; a~r.aani .s gfft retl .In this latter use, ;r.t des; Drc;ts- sional ~Jdat Went asvilaclt tact tries overwhelmingly ;-. a:uit en[er- testament businesses - even a re liti ve ly passive use su cn as a- aculi bookstore - .`.ave a serious negati vt effect on tneir ir.-rei ate ecv~- ro^s. f L Cons Gq treat ly, it would teem re as on aD le and prudent that the City ex- ercise its zoning ppver to re gul ate tat location of atlult entertain- ment businesses so that they operate in areas of the cortnunity coat, while ac cessa6le to their patrpn i, art yet touted in tlisc rids that art least likely to injure the general welfare Cf residents. . L` r~ ~l `r~ 1 t ~ l L '~ L` IT IS, THEREFORE, RE CONMEN DE D: - THAT ADULT ENTERTAINMENT BUSINESSES BE ALLOWED TO LOCATE IN AREAS THAT ARE PREDOMINANTLY ZONED FOR DiSTRI CT-ORIENTED COMMERCIAL ENTERPRISES - I. E., C4 OR MORE INTENSE USE CATEGORi ES. - THAT NO ADULT ENTERTAINMENT BUSINESS BE ALLOWED TO LOCATE IN AREAS THAT ARE PRE DONINANT LY ZONED fOR NEIGHBORHOOD- ORIENTED COMMERCIAL ENTERPRISES - I. E., C3 OR LESS INTEN- SIVE USE CATEGORIES. - THAT EACH LOCATION REQUIRE A SPECIAL E%CEPTI OH VNI [M, AHONC OTHER CQNSI DE RATI DNS, WOULD REQUIRE APPROPRIATE Dc vELOPHE NT STANDARDS DESI DNED TO BUFFER AND PROTECT ADJACENT PROPEPTv VALUES. J - THAT THESE USES NOT BE AI LOWED TO LOCATE WITHIN 500 FEET OF A RESIDENTIAL, SCHOOL, CHURCX OR PARK RROPE RTY LINE N0i WITHIN 500 FEET OF AN ESTABLISHED HISTORIC AREA. IY r I` INTRODUCTION ~ As is [he Case in xost large cities, Indian aDOlis has expe rie~ced a rapid growth in [he number and variety of adult sole rt ainment .businesses over the past ten years, As of June, 198) there were sixty-eight such businesses located singly and in clusters throuen- out Marion County. For the purpose of [his Study, the term "adult en to rtainment busi- ness" ii a.. gene ra Ltel•m utilized [o collectively des~pn ate busi- nesses which primarily; feature sexually sti mutating ma to rl al ane/ I or pe rfo roan cam non-exclusive ly include adult booxstor<5, adult cabarets, adult dri ve-~n theaters, adult mini motion oictu re Utdit ri and ar NCei, adult entertainment ar Gpei end aou It Ser- j vice e5t abiishmen[s. These cote rDrises have Dosed a particular problem due, in part, tc [h! mdfdl illpli Citi On3 attendant UDOn such businesses in Lhe mi npi I Of many members of the commune [y. 4hi It this if, De rr.an, the vi e..• of [he majority, case law on the subject has clearly es aoli shed roar the exclusion of such businesses from a community is ar. in- frinoemen[ Of Firs[ tmenpment rights. Tht prole ft ra;ior c` Suer, t ~ ousintises Drove Eing sari ous forms of adult er.te r; air -rc; ;r. na r ion County has exace rba;ed [his dilemma anD pi ven ri ie tc a cltlo-- •i charges of negKive irl~ac[s on net ohbo rnooaS in prpxi r.l ;. ;,, L ;near location. Th rou on the use of their toning po:ws r, cities have wi:n l-. a ozr, l '+atf century directed [he physi Ul grcv;h Of communities 1r ercer :c ensure a na rmoni ovs blend of land uses which foster r.e ot•eral .vtlfare of the popula;i oq. This powe• has teen applied -:. re rr~;e~;- ly to adult colt r:ainment businesses in rany conanuni[1 es aoc has at rveC as a prime vans of controllin5 Dossible ntgati vt ~-~pacti oc neiohpo rnoods. ' This study was unde r; ai.en to examine the st alleoed r.e pa : n2 irtoacts i;h tot Durpose of empire tally es:aaii3hing, to the extent Do3s- t µble, their exi5ten ct or non-exi3ten C! i1 well a3 tntif tell di- {L mersi ohs in Indianapolis. Tne Dossible rel ate mihips bet wetn these i mpaRS and the land use Characteristics of the sites in which they are offered were also examined to ascertain whether cerUin land use classifi cart ohs were better sue [ed than others for the loca- ti an of adult entert ainnent businesses. L~ L r r. ~~ ~• tI L E ~~ (L ` TABLE OF CONTENTS SUMMARY AND RE COMMENOATI ONS INTRODUCTION t STUDY nETM005 2 CRI nE INCIDENCE B MAJOR CRIMES y SEx-RELATED CRI nE t5 [RI nE InP ACT BY AREA TYPE __ REAL ESTATE IMPACT ~? PRO FESSI DNAL APPRAISAL DF IMPACTS ;- 20`. NATIONAL SURVEY „ t00E_ nSA SURVEY += ;.vc EN01 CI ES I. AREA MAPS ;-i It. SURVEY OF :3P RAISi Y.S 11-I III, LAND USE. Cxii ROl OF III•I ADULT ENT ERTAII:nENT c . ~~ nETMCCC LC Cv t ~ `{~ L L • L 9 ~ ~ sTUDr rE7n C9S As described bel Ow, the study methodology env lol's [he comoa-isor of different land are is in Indian apolls. Tne two basic areas o` wma arison are S:udy Areas anC Control Areas. They ar< Cistin- guished by the exis[en ce of adult entertainment esia^iisnnen ;s within thti r Do un Gan ti~ the $tucy Are aS ) or ; R "- -- .~ - - of ( the Lon trot Areas ). ~~~ These two designa[i ms are further diffe rer[i s[eC as tc [ne ce-- trdl D'J rp05t Of GRJ has iS Of Cht )dnE u5ei they CO.'.: air, T`. ^. Si that generally Serve the immeCia[ely surrouneinc res~ae-;iai '-`sdi dre [L fineC "Nei ghbO rhOOd-RG laced" while tnOSG Coat C-0~:a~n uxS ~ ~[SeaC .---- :rt dot CG St rvt d bredDtr gt OC rdDr~C drGd dff CGS ' iCy'FtGI dLGd". siuor sri: ~DLAnors I At the time of the study's inception, t`e re wt rt a: 1e `s: `/" - :hree po5si ble, dist~ncT s. ies ir. Inc,ac aDOi~s •.: ue a :airmen; was cffe reE tither Si r.c ly or ir. ci us tt rs o' e - • rorts. For ma^aee aDi ii n' Du rpvses. ~ ,.as de cictE ; L ~ ;..^.e se 5iils that were rep reset La;i vE. Ir Goa DS ~nC :"v.v ._], _. tdti P'.5 (di well a5 Lht LODCf01 Afl di C' : _ -:~C" .. c __-- - c , . Y. c" -- ~ Cfu ra CiGri5iiC5 were :Heir zoo ins cix, a :_ - - _- fel:LiVt a0! Of nOUSInG StO G.. IL eiCh Catt. dC-~~: r. as offs reE durinc :nt tint Spin o` :'.e s.e_ . . ` Tnt se le ctiOr prDCess .as adci ;; ocalty Ddsec r :nt - -c. `~ V ` - aplisr.rghti IDCa;t[ in 8 C: vtr ntiDlaC :'G JOL. .. "•t :fit ' c 't- . aGn[ial in na;uft anC [nt rtfDrt neiDhcc rhoDC "tiaaC. :r [O't c i anif~iC:nt pOr[i Or e' its laic use it fG:i eft ..-'. rC~c -. _. ^ '~~Cn c~dtlt is CO':mJn~Ll'-rt liaE. The oeslc-,an or, "N6ighao r.coc-s lire E" .-. ."tc -_.; . . .. L ae ran cr i )$:. or more ) of tot area , : 'rt: c' :'t t • o:a i1 :~= cist r'. :: ..-.._ ~as zone[ D1 th ro~cr D.: ! rts:Een:l d'~ . ' [a:ions I anE the corns r<~al eft as ~..t rt rt i;-.o rnoL.c-rt~a'.=c - c a ciDal ly C} ( a nei ahbornooE covrrci:l ciassif:aa:, c' S,fc - 115G dGS~gn iLi On :- weft jud OtC t0 D! nt iDh DO rr~aOt-flaaC Of nC: > incividUdl bdSiS. SUl (CnurCh) L gUl (SChg01), fOr Ua~: lt. .a r•_ L jud Ded to De gent rally neighDO mood-re Lief. "Lpmmunity-Ft ldllE" areas we r! Ol sc ri DtC a5 are a3 wnt r! : sicnl!i- Cant proportion (}D; Of more) of Lhe zoni nc within iht 1.^DL-fOO: radius was L6 ( LDmmunity-Regl oral LDmme rCl al ) Or mOrt ID [Gnit drC the Special Uses within the boundar,es were of a community -wide na- Lure. SU6 (hospi [a 1) sod SU21 (cemetery) were judpt d, therefore, to L r, be related t0 [ht community generally. L 1 .` r ~~ ui thin these two Droad classifica[i ons, six loco:ions were cheser, Two of them were situated in res~den[ia1 settings, two in re- g7 onal-commercial settings and twc in areas that fell in be Meen, i. e., areas that had a high pe rcen tags of residential zon inD but also contained a certain proportion of regionally on en teC com- mercial zoning. These six locations became the Study Areas of this investigation. (cf. Appendix I) AREA 20N1 NG CHARACTERISTICS STUDY AREAS r gl rE CHARFCTERI STI CS 1 Residential Comme rCidl Special iar~s Residential t.5~ 36th St. D4.82$ C1.79 'SU1.3`: - r C3-B4 I 1 1 2.3155 East lotn 5:. DS•75< c3-242 sus-lk - Coml./Pest dential 3.35553.3555 west~St. Di•78; OL-22: - I - 4.2t01 u, uashington 05.60. C3'3+ SU2-17C jPKI-2. 14.18° a Commercial i ~ ` STit16 E. uasninoton DS•65t I CL-30: I - ~ - D8-53 6.44E 1-63 N. Keystone D5.15. C2-5: I1C•12• iPIQ.j:_ c3-t0; ~12u-t 3. ~ [5.401 Of the two sites chosen in residential areas, one contained an adult bookstore (Apollo Adult Books, 5431 East 38tH St.) antl a L massage pa rl or(Eve's Gudan of Relaxation, 5429 East 38th St.) ' Tne otn<r resideoti al location contained an adult movie no use (Ri volt Theater, 3155 Eas[ 10th St.) and a topless bar (Ten-De Club, 3201 East 10 to St.) One of the commercial/residential areas had a top le ss bar within L its boundaries (Blue Moon Saloon, 2101 Mes[ 4ashington}, wni le ine other harbored the White Front Bar which featured topless dancing (3535 West 16th St.) L The two commercial areas chosen were in the si zty -one hundred block of East Yashingt on St. and the forty-four hundred block of North Keystone. The first site conuined two adult book- ' stores (Modern Art Booksto r: at 6118 and Adult Arcade at 6122) and a massage Dsrlor (Spanish Moon at 6110.) The North Keystone location con wined four massage parlors (Other World, 4441, L ~„ Diamond's Angels, 4445, Pleasure Palace, 4461, and Tam and Lount ry, 4463), two adult bodssco res (Video World, 4447 and ( L Adult Bookstore, 4475) as well as • topless lounge (Devil's • • r• r~` Hiacaway, 445 1i. Six areas were also 5e lec ted [o serve as toot rol sl tes for the study. Tntse sues wt re ch os er. m the basis of their oroxi ma to location to [he Study Areas (or their IDCdtl on on major tht r° oughfa res in areas physically Simi tar in location antl [v pes of development), size of population and zoning cha ra cte ri stics• None contained adult mte rtainment businesses. Selection was also made so that two of the sites were in predominantly resi- dential areas, two in eonme rcial areas and two in areas [hat con rained ~a significant mix of residential and regional com- mt rcial zoo ine. The Se six Sites became the Control Areas of ne study, (Cf. Appendix I.1 AREF ZONING CNARACTE RI STI CS CONTROL AREAS SITE CN ARACTERISTI CS Residential [omme rc L i Special Ga r.s • Residential ~ 1.2300 nest IO in St. D5 •B2 `.. C7.4`., i l ` i C;•14 `. ~ 2.2jOD Fast 1C to St, Oj•80:, C:•12 `.. ' C3.2: _- ' Ccml,/Residential 3,jL:D E. 6•rsningwn Oj•b2` ~ C3.1~. - - DE •8:: ~ Cow lc, ~ E DE• IO:. 4,26 DC ti. ~asnington '- Cj•35~: I C7-2: j SLt•3', - D4.34r I c2•IS ~ CS•13°. ~ su:•3 C7•Er. i Comnr rci al ~ j ,$200 ... rieYS;one D: •7`: C1.4i, 1 11U•IC1 I D7•b' C7.20[ L i CS•Z: 6.750 N, Snadeland 02.3± C4•A9: ~ SU1.15% - D3•t5; CS•10: , DZ•3•. CS•j ~~ i r ` AREA 20NING CHARA TE P ST S .I I C C ( NEI GHBO RM OOD-RE IATED COMMUNITY-RE tATED ` Residential Study Area 1. 100$ - z. 998 t$ Cor.t rol Area 1. I00$ - 2. 100$ - Coml./Residential Stutly Area j 3. 78i z2$ 4. 828 t8$ Control Area 3. 81$ 19$ 4. 78$ z2, • Commercial - o "~udy Area 5 70; 30; 6. 35; 65$ Control Ares 5• 43: 578 6. 36$ 64; STUDY SITE COMPARISONS Tnrouahout the following analyses, a series of comperi suns are ma oa ar several different levels of geography: i.e., County/ Police Oistri ct; Census Traci/Census Tract Cluste r, and Control/ St udY Area. La roe Area ' L s/nen dealing wixh crime statistics, the Indianpolis Police Department District is used as the largest universe of com- pari}an, In the case of real estate information, Nation County is used as the largest geographic area o4 comparison, Center Township is also used as a basis of comparison in [he analYSis of adult en terLinment impaG [f an pfope rty values Mi d-$i ie Area ' Intermediate geographic levels used for camps ri son in the study we fe census tracts when }Ludy sites ware Centrally L located within their boundaries. Mhe re they were not, those census tracts in proximity to the site were chosen as the basis of comparison. L l_J u u r ` CENSUS TRACT. S/TRACT C:USTE RS Study/Control A re aS 1 2 3 4 5 6 Control Areas ~ 3527 3671 3~ 3216 3606 2416 3547 3612 3426 3217 3607 1 3548 3608 Study Areas 3310 3526 3411 3414 36C7 3216 3601 3548 3426 3224 3549 3538 3225 3226 S ue-A rea Toe Control Areas an0 the S[udy Ara!as, an described aaove, formed the smallest geographic group of the stutly. These f Large[ areas were constituted us inq the dri to ri• lis [ed in Me previous section of Lois report and ea:a derived ror tnem oy aggregating tlock-le vel or addressed data wltnin a looC-foot radius of [he area cent roid. l L L L ~~ . L ._ • 6 ~ ~ y y I - r w. ' ~ / I l ~ ~ mi _ - ~~ - - -- ~~ _ _ _ ~. ~ ((( _ ~ . _ ~ ... __ _ s _ _.. ,~. - ~ ., r 4 ~ i_. I_ _ ~ _.i. ~, _ L j _ ~ _ _ - ~, ~ -' II r .. ~ ~ ~ w ~ . ~. ' _ ' 1 ~ r ~ i~ i ~. _. 1980 CENSUS TRACTS ADUL7 EN'fERTAINNEA7 WSINESS STLDY • Study Area p Control Area ~~ ~~ r f` i L l CRI RE INCI DF NCE u (~ CRI nE INCIDENCE The Data Processing Unit of the Indian aDOlis Pclice Deparwent pe rfo rued two coiryuter runs of their "Incidence Files" 1 in August of 1983 at the regwst of the City Di vi sign of Planning. The re- sultant Orint ou [s tle tailed afl reported loci denis [o which po- lice hatl been disDat ched in the Lc it rol Areas and the Study Areas du ring the years 1978, 1979, 1980, 1981 and 1982• Data were assem- bled from These printouts On a year-6yryear, •rea-by-area basis They were then grouped by Major Cri mes2 +nd Sex-Reined Cri nes .~ f Summary data for the Indianapolis Police District were also assem- b1eC fqr rajor crimes during Me years 197E th rougn 1982. Unior- [unately, sex-re 4ted Crimes had not been discreetly as sent let for the Police Oistri ct and study constraints woule not aliOe their tabulation manwlly. Tne purpose of these tabula ions was to identify •ny Dossiole aonormalities that mi got have occurred in exneccec free wncy ant n ac ure of crime between the Indianapolis Police Di stric[, :ne • Control Areas which wt re chosen for their Similarity to the e ~ a udv Areas and the Study Areas tbenntlves in which adult en:rr- alnment eta lDllaheen[a were in Operation. As was demwacrated in the previous section, [he Study Area loca- tions were chosen as be inp represent ati ve of uisting souit er- to rcainment sites in :Doing min, size of populatior, aoe or hour ing stock and types of adult an to rt ai neent services of'e reC in ;ne area. Excepting the let to r, these same criteria were usec in the choice of Control sites. eeuwt [hay were rep resen uti ve, .t is possible to conoa re Control and Study Areas •t well as in- fer firstlings Lo giber adult ante n ainment locations ir• :ne cc~- nur. i t)'. L gaSeG M lh! SupCa ri 65 Of Cflaea, Cfilllt rail! we r! 40M1^Utlq for each area using 1980 Census data » the Dopulati on constant. " Tne crime rate stn isties po rt rayed the freq wncy o1 trine in each area for eacn 10,000 of population and allowetl direct can- parison of crime impacts between the three areas. The Saint tech- nique was used to camps re tM magnitude of sea-related crime in L the Control Areas and the Study Areas. L` i • nAJOR CRInES rl The crimes o1 Criminal Homicide, Rape, Robbery, Agg rava:ed • Assault, Residence and Non-Residence Burglary, Larceny and Vehicle Theft are reported on a mouthy basis by the Indian- apolis Police Department as Major Crimes. During the period of chis study (1978 - 1982 ), [here were 775,796 major crimes reported in [he IPD Dis[ri tt with an annum high of 37,220 ' occuri ng in .1980• The crime rate for Lois year was 792.42 in the police district. This rep resen ced an increase of 2,115 ayjor crimes over [ne previous year total and an increase of 62 in the crime rate. The larese annual toUl in [he Study period (' 33.898) was reported in 1987 which represensed a drop of 102 in the crime rate from the previous year. 1 • L l Indianspolis Popov District Major Crittns/Rata 1878-1p82 -NWd«-aaa,70D ta70 ta» tM0 1Nt taN ws« 70/tAt aLt.N tD7/:2a wtaa N/t.a7 map. aatnsa a7w+s aton.» adon.N 7arnua ttoaa«y tawalJO 710aLaa.7t ltw/a.aa !tM/aa.7t 1NLU.tis ApOa41M •...rt tN71/Nat taaa/aaJt t7aa/77.tt tNWNJ7 tNLaoza Malawoa avalary ' {1N/1N.11 NiUtN10 7aN/1N.f7 »77/1NA{ 77/7/2+6.70 Mon-1[r+Idv Owa4rr Ra aNa/a0A Ntt/atl7 a67a/MJ1 t1N/M/~ tt 10/47.[7 Weaq 1NN/N7.N 1N27/aOiN taaN/a020/ ta7N/i07.fla /7sa7/77=,Ot Vai4ela Ttlab N7Ma.IIII f/a1/77A7 a7N/N.N NN/6a.ia NOS/a1.7a 7«.c atNrnat.N Ntlluta.N nttona:.aa 7aawr:t.7o H7N/7Naa Taal Gale f7f.7N Pw t0,00D PaplaalM 8 ~~ y~ 1 ] ` (~ 11 }i l t - Over the same period of time, the Control Area for this study had $,170 major trines committed within its boundaries - [he highest number occurring in 1980 when 1,099 crimes were re- ported. the crime rate for this year was 942.05 in this area. This is compared to the lowest total of 912 and a crime rate of 781.76 for 1978.. This represented an absolute difference of 767 total major crimes and a difference of 21E in the crime rate ( 160.29 )• ssvM Ilaoa eobaarY Aptravatad AANU1i tbutlaMa ew DNry N01r'Aaaleellea ava4ry tarearry VIMLM TMn Control Area Major Gimes/Rates+1678-1882 0`wNetlorl /,anal urs un 1aaD /K/ T/aK +/a.a2 ata7 u1.» a/a.K tvtosa 1{/uea a/sai a1A/.72 A//77.fY NN7,72 50//2.aa last tn.n 1]/il,la d6/]D.K Tot{.ta 7f/2p,pD Yi/21.N ]0/2i,7Y 27/]1.72 141nta.a7 27a/1K.20 7R/YSa,K 2T2IY2J.16 1iaA6i.72 71/bJi f0//2.M {2/42,16 6i14d.47 7i/6T.72 aK/s N.K 4W/sa4A1 a71/Iat.D2 6i!'4:+0.1 6Ti~aK.l1 tat/11C.K IT2/N.01 110/M.2a p/71.14 i:,177.1L Took H217a1.7a 1,D2vast.al l,oaa/a12.0a 1,ea4: pa.{2 l,c]u6K.]I Tptal 6.170 Hr 1C,DOD towglmn Aruaia K4.i1 During the period 1978 - 1962, 4,657 r.+jor crime[ were commi :;e0 in the Study Ares. As in the IPO Dist ri et and the Control Area, the greatest volume of major crimes ( 1,103) occurred in 1580 w:hi eh had a crime race of 1,291,42. The fewest number of Crimes in the study's time frame was 867 in 1978 which represented a di ife renci al in the tot-1 number of major crimes reported and the rue of crime of -236 and -276.;2 respectively iron 1980 C~ 9 r t~` 1{r ^ 1 7 ~ ~ `i~ l L L wer Pena Ilabbery Apparelb AaeYet Ra7Wanca aMVbIMy I/on-Rn1Cw.ca arbrn . t/~car,7 Sludy Area Major Crimes/Rates;1978-1982 PaoWa7wn- {.sal) n7b 1a7a 7asp lac +be2 ara.sl a- vx.s7 n/ses or Lb.61 tY/14A6 11/ta.Y a103a a/b,77 ay/baAe 6L62.Da N/67.{1 R6/iO.M M/51.6Y 2b/YbZ7 ta/Y7.0a Yb/26.>a 1{10.70 pb/7~.93 1b7/lab.a0 Yqp/2St.17 YM/2ab.{a tbp/222a6 ta9f22110 aY/ba.01 ab/b7.a/ a0/0aa7 abf76.10 b1/7aAT N2/aa0J2 ababYea7 aN/ab6.10 6a0/0.1b.bb aba/baa.26 VeleeM 7a/bFM as 106.{7 10{177,0{ b0/70$b 77100.16 TMn Totat bbl/707{.70 Nt/1077.60 770E taat.a2 bal/tObOAa alb/102{.{7 TaK a.b67 Mw 70.000 iroeeletgn Averabr. IOb0.61 Tne frequency of trines in she IPD District, t1e Control Are at ano the Study Areas showed app roxi mJie ly the same pattern. In earn of [ne areas, the nwmar of major cri met increased from tg7B to 1559 when they peaked. Subsequent yu rs thowad fngwncy levels bei ov: the 1980 high. The average crime rate figure for Lne Indianapolis Police Ge;art- ment District was 743.59• The Control Area had a rate that was 137.79 higher than the ova rail polies district, wha real the Study Area was 204.17 points higher than the Control Area. In otner words, peop la living in the Control Area of the study were ex- posed to a major crime rate in their naighborho0ds tMt ass 18: nigher than Mac of the IPD Dopulatien generally. Residents of the Study Araa, however, were exposed to a major crime rate coat was Z3: hlgher eMn rose of the Control Area and 45~ hignar than the populatlgn of eM IPD District eb a 7dtola. 10 t r1` +( 1 t~ (~~ 1 ~~ 1 C L Major Crime Rate* 1978-1982 1600 laoo ,~ ,~ , , , l+oo ,~ .' aoo 1a/ ~~' U vo oi^rrla, --- Control Arff ~ -. btutly Ar•• - - -~ I .4 ~ `. . • ~Hf./ ~ 'i]E.6 77 t~ 73i.5 700 600 ~ ' ' u7s n7a taco /cal teas •TM nWnfrla^I Inft^naf tll Crhrwnfl Nanlcltl^, Ir^af. Ilo0af7Y. AprW^btl Asf^Wt. Nf fltlfrlCl Wral^ry, Nqt-RfNtlftmf ~pat^ry, L^roarry ^ntl YMIaN TMN- w 10,000 -oaa4tlen. • it in [e resting to examine crime rates within [he Control an•udy Areas in relation to [he IanC use cha race ri zti cs of the locations in which they o[cu rred. Crime rates provide a better understanding of actual impact on the resident of the area than crime free uenci es in that thcy ss gbli sh a ratio of crime to each 10,000 of popula- tion, In this way, they to 11 us just how vulnerable a neigh- borhood is historically to crime within its boundaries. 1978-1982 ANNUAL AYE RAGE MAJOR CRIME RATE BY LAND USE AREA Conine rci al Coml./Res. Residential Pop, !Cri me /An n, Rt Pop./Crime/Ann,Rt, POp. trine/Ann.Rt. :ont rol t. 379 240 t267 2. Sz3 t147 4386 ~ t~A7' 3075 3, 2828 837 592. 4, 2382 ~jOS_ 592 ~0 1542 592 g. 2159 1173 to87 6.~ 3345 X067 629 353 z240 807 t, 219 439 4009 2. tzt8 83t t365 t 0 t76B 3, tOtS 834 t643 4. 1203 65 1086 ["31B ~ t341 5. 3656 12~ 674 6. 1230 668 1086 'GRAS 1 0 178 co rdi ng ly, we find th a[ this impact if 74t hightr in Ois- ict commercial areas of the Lpntrol Area than similar dis- ict conme rci al areas cf the Study Area. Mw+e ve r, while the to if apD roxi autsly the same in the residanti al arc as of ch, the Study Area exhibits • crime rau tMt is 127Y high- ' than the Con trot Area in loeaci ons tMt are mi aad district- al and residen tial in nature Arsas Uat N.~y ; <t> ;`.'g:'s ::ic:"' 77E ~rfs:< `''•': t i '~ ~'SS! o'o.:.. ;.;; . i ~ _'s ~'iSCi !ea. t2 C r ~, 1 1 4 t{~ l l ~ I~ L L ` L SE%-fiE LFiEC CRIME 5 Crimes of Ra De, Indecent Exposure, Obscene Conduc:, Child ho- lestatior, Adult Molestation and Cortme rcial Sex were segre- gated and then aggregated from police printouts of total crime incidence oc[urri ng wi thio- the Study Area and the Control Arel for the period 1978 - 1982. A total of 153 sex-re laced crimes was reported in the Control area during ihis period, with a high of 3g having occurred in 1979. During the same period, the Study Area experienced 19B sex-related crimes, reaching a high of 52 in 1981. Control Aru Saa-Ra4tad Crimes/RaUS•197e-19e2 - O.f..rfr.ff.•N] »n ftn ffro fNf ffrt ffr. • fa u • u f"° 4•r• i fo • fa o t o o + m+t NN••NM • O . • la t•M rNf•N.ff., t { o f a 0 + + o 0 LN•[ tvf•.r Nr1iI »/tu ao,at.r >var. iNN fN • M 10•{t twr•utn Stud? Aru su-RHdaa Gimta; Rabs•197e-tYe2 - n..wu.~a.nl Olt 00 1tW 1Mf +Nt W a It b M • MLwll •.••w• t0 H 1t { t O•fc•IM CACf • O a 1 0 G~Ift ~ NYI•b11., { • a H •M frwf•fr+ f o e o a rfwn..rl w + • I M~ N o LN•t farn.t •ar•{.t a/nu NrN.t adw l.fR 1N •h IO.Ot• IyW1Yw 14 • `n u 9 {i Ie i ~C /`7 l L L~ L Sex-Related Crime Rate* 1978-1982 Conuel Mb ~ - StuOY An• ---- eb 60.0 60 ~~ ~ ~ i ~~ i ~ bb , i,~ ~ 6 ~ `~ 60.E -.---- ~ I + 30 ~ ~ i / 1 ~6 S <b , / Y a0 ~ / ~ as i sa.a ~ I ~ / \ I ~o ~ / \ ~ ~ / ~ ~ ~ 16.T , . ~ 2 ~.< ` tb ~ / \` 1a.e ~~ ~ I ~ ~ ~ ~ 10 I t 0.I 15 io b D lore uTe neo »e> >ae1 • TM Iwm•Ylcal ImtanC• of Napo, Int•t•m E•to•w•, Otw•e• CoMUeI, CMIe M•I•sUb•n, AsuH Ald•NNlen aat Commartlal taa- -M 10,000 ~OOUlatl0a. ,s ;~ r ~~ i ~, i L ~ i L L L Wne re as sex-re sated crime rates in [he Control Areas varied from a low of 19.7 in 1978 to a high of 33.4 in 1979, the Study Areas increased frpn a )ow of 22.3 in 1978 to its peak of 60.9 in 198t. The average sex-related crime rate in the Control Area was 26.2 over the five year period. The rate in the Study Area was apD roxi mate ly 77$ higher than this average during the same period of time at 46.4. Comparing the crime rate for sex-re la [ed crimes by land use categories in the Control and Study Araas, a dlffe rent pat- tern Man that for major crime rates emerges. 1978-1982 ANNUAL AVERAGE SEX-RE SATED CRIME PATE 8Y 4/WD USE A r~_a Lomme rcial Coml./Res. Residential Pop./Crimes Ann. Rt. op. Crimes Ann.Rt. oP./ rim mea /Ann. Ri. Control t. 379 2 l1 2. 52~ 7 27 902 9 20 z828 35 z5 4. 2382 29_ 24 5 10 4 25 5. 2159 44 45 I 6. 33~ 29 17 1 SS54 ~ 2E Studv 1 % 2t9 5 46 2, t218 23 38 1x37 ZB 39 3. lOtS 38 75 t 4. t203 32 S3 ~ 2-21~ ~ 63 5• 3656 69 38 6. -- - J23p ~t 50 ~S 100 4I 16 • (: 1978-1982 Annual Average Sex-Related Crime Rates*: Selected Areas 1, too 06 90 ea eo rs r ~o 65 ' 60 Sa 50 . ti •0 OS JO 73 20 to t0 6 0 • Por 10.060 Pppulolioo l~ To4~ Carol. Comb Toter 1 Moo Coml. Comb Ilse. L Ilao. Cartrol Mae Stutly MM r Vhe re as major crime races were similar in residential areas of [he Cont roi and Study Areas, the Control Area ra ie was substan- [~ally higher in district commercial areas and loner in mixed dis[ri ct comne rcial/residential areas. In con eras[ to this, the sex-related crime rate was uniformly higher in all land use cate- gories of the Study Area, ranging from +462 in residential areas to +1522 in district [Dome rcial/residential areas. S UNNARY OF FINOI NG5 Both the Control and the Study Area experienced a sig- nifi untly. higher incidence of major cri alas/10,000 population than the IPO Ois tri ct at a whole. Much of this increase would be expected given their location in generally older, less affluent and more populous areas of the city. I[ is more difficult to explain the distinctly higher crime ra [e experienced in the Study Areas as tortpared to the Con- trol Area - 1,090.51 versus 886.34. This di cotomy is ewn more apparent in the instance of sex- reiated crime rates in the two areas. The •w rage sex^re laced • crime race in the Control Areas was 26.2. The Study Areas nod en aw rage rate o} 46.4. ~ . If the same ratio be Moen the Control and Study Areas esta fished for major Crime during this period were aDDlietl, we would expect a crime rate coat was 23t higher - or 32.j in Ne S;udy Areas. Tha actual ra [e of 46.4 is 77; nigher [h an tr.at of the Conc rol Area and underscores a distinct deDa rtu re /nom the exDectstl. Not m ly fs the rate subs tanii ally higher in the Study Arts, but it is Mitt the fate that would nave been e xDe cted from the distributi ai of crimes generally in lndiar.a- Dolls. The an omaii es demonstrated in the comparison of the Study / ~ Araa with the general population and [he Control Area will not, t ~n themselves, establish a causal re latianship between Adult ' Ente nainment Businesses and the crime rates in tM imaediate Jrea surrounding ahem. The fact does remain, however, that in I each subsacti do of the Study Araas where adul[ ante rt ainment is offered a substantially higher sex-re la tad crime presence ob- wins own the correspmding subsections of Me Control Are• r ~ in whi cA no adult ants rtain~nt it of fe nd. The same is true i regarding the rate of eajor crimes. t8 f ~, In areas chosen for their Simi la ri t: es oche Mise, an oDvi ous aiffe ren ce lies in the presence of one or more Gault enter- ! tainmen[ establishments. 1 3 i r 1 • 1 t L t L` r FOOTNOTES • t 1. The Incidence File is a computerized listing of all reports made by police after initial investigation of an incident [o which [hey were dispatched. It, therefore, provides a more reliable indi ca[i on of crime incidence Loan the com- Duterixed "Police Run" file which logs police dispatches based an preliminary information on the incidents. 2. Criminal Hpmicitle, Rape, Robbc ry, Aggravated Assault, Resi- tlence Burglary, Non-Residence Burglary, Larceny and vehicle Theft. 3. Rape, Indecent Exposure, Dbscene Conduct, Child Molest acs on, Adult .MOlestati on and Camme rcial Sex. ~ 4. Since Dopulati pn estimates were not available for each year of the survey, the 1980 Census figures were used because they were the result of an actual enumeration and, friling at the mid-point of the survey, they woultl tend to balance out popu- lation trends during the five year time span. 5. Sex-related crimes are not isolatetl anp cproi led on a routine oasis for the IPD District as a whole. A Ran ual compilation of thcse data was proscribed by the time limitations of the study. l L L" z0 • L f` • CRIME IMPACT 8V AREA TYPE L f r ~ h IMP ACt DY AREA TYPE As it will be noted, sang le size poses a distinct Dro6lem when attempting analysis at the small area level. This is Particu- la rly true in the instance of mortgage information. Due to 1 Nis inadeq wcy, it is immossible to compare the imsact of adult entertainment bus inezses on residential property value below a certain level of geography. This is hoc the use, however, with crime statistics. In this case it is possible to compare sub-a reas of the urge[ areas since the comparisons a« based on the actual instance of crime .n the area ( unlike mo rtgaga data where average value is [he Oasis of conparison.) t Tht sub-area comps risons ware based on tht na to re of the areas in re la[ion to their land use composition as determined by the Comprehensive General land Use Plan of f4ri On LOUnty. Four sub- areas were of a distinct regional eomme rci al nature, four were reSiden[lal In natur! and fOUf wefe Of a mixed fef idMCial- [Dome rtial makcup. . ~ L Tnc three groupings were corvared with each other to determine if crime, from a historical viewpoint, occurred mo« ireouent- ly in areas of one land use cmfigu ration than another. Nhe [her or not crime frequencies, at least in Dart, are de:er- mined by the land use characteristics in which they were cas• m sited cannot De definiti ve ty answered here. Several striking patterns do ene rge fran [he conparisa+, however. C CRI nE fREQUE NCIES BY AREA TYPE [ Of the 9,82° major crimes committed in Ne Control and Study l Areas during 1978 ' 1982, 27< were De rpec ra tad in regional com- mercial areas, 31 in mined commercial-residential areas ano 421 in predominantly residential areas. In other words, crime L •~ frequencies were 564 higher in «siden ti al alas Man [~~mer cial areas white mixed commercial-residential areas were 37t ni goer than commercial areas. The following IaD le dizDlays major crime f«quencies for the five year period by type of area, the existen ca or non-axif- zan cc of adult entertainment and specific location. • {~ Il r /~ {f (t ~ tl i t L L` i nAJOR CP.I nE FREQUENCY 1978 1979 1980 1981 1982 Tot. f Oise r~ct Commercial tudy Frea No. Keystone 83 7t 112 87 B6 439 E. Lla shington 150 152 202 186 141 831 223 3iz 293 22 12 0 Control Area No. Shadeland 36 41 34 43 84 240 No. Keystone 212 217 210 259 249 1147 250 29B ~r 302 333 137 nixed Res./Coml. 2657 27~ t utly Area u. Washington 123 184 l90 lB5 152 834 Meat l6 th Sc. 177 128 140 104 104 653 3~' t< '3s ~ z~ lti"6i Control Area u, 4lasningcon 110 182 211 18L 150 637 E. Lashington 160 191 130 13°, l19 705 2 0 333 3~ 3?3 275 15~ Residential 3029 31 tudY Ares East 10th St. 219 235 294 242 242 1232 East 38th St. 119 111 165 127 t9C 668 ~3T. ~6 iii § ~t 9< t 0: Control Arta E asc 10th 6t. 211 239 269 210 243 1173 N<st 10th St. 181 200 244 260 ti: the? 3'3z 3~ TSB 3 5 352 :?emu l., w^ The Datte rn was similar in comparison of the frequency of sex- related crime within the [h rte areas during the sane period of time. It was more pronounced, have ve n Fi fty bne percent of the total occurred in residential environments, white thirty-eight percent occurred in mixed commercial-residential areas. In com- parison, only eleven percent of the total occurtad in dis- trict commercial areas. The following tab to displays sex-related crime frequencies for ;n~ fivn year period Dy type of area, the existence or non-exis- tence of adult en tern inment and the indi vidwl locations inclu- ded in the study. 22 j r ~ t SE Z-RE LA7E0 CAI nE FREQUENCY 1978 1975 1980 t98t t982 t_t. Uist rict Commerci at Study Area No. KeYStonc - 2 2 _ 1 5 S y E. Vashingion _~ _~ ~$ _g 1$ e Control Area No. Snade land - - 2 2 C :.c. Iuystor,t , 3 , 1 , 7 I i 3 i i 3 9 Mixed Res/Coml. )7 try ' Study Area V. slashington 5 to 12 8 3 36 nest 16 52. 1 4 8 5 t0 3C I -o -tTi 2O 17 i J ~J 1 Control Arca W. Mashinytm 3 E 11 E 5 E. Wsh in gton 4 10 ~f •~ 3 1L 8 lb _ 4 ^ _° e. Residential 11l t. tudy Area East tgtn Sc. 12 1B 14 17 E (:5 t i. East 38th Sc. 1 $ - 1~i 23 4 l~f 10 27 II i9 ;•1 1~0 Control Area East 10 to S[. 11 13 7 7 11 40 Mes: loth St. 4 5 G 5 ~ 2` - is 7~ i3 i2 2C '~ 1?6 c. i h e rt " ' these [rends are not easily txpiaine d on iht Ca s at t . • ~~ there are more peop l! these Hill be moR Cr i rte ." Gnnuni; .•rtla- led commercial •re as dras: clientele frpr, a brGO e_OyraphiC irca and can be exile ctetl ro act rccc many times t he residantia l aoou- Iation of the immediately surroundin g area. This is the owcost ^ 7 of the district commercial zoning de [ant nature of this popuia[im could li 9n ati be con on. Furt s7dt red her, tnt :rans- to cast ricute ` to the incidence of Certain crimes. (~ ` l • C~ r~` l t~ [` l t ~ l L` L Major Crimes / 1978-1982, Selected Areas Commercial Study Control Residann/ Commercial Study Control Reeitlerrtlal Study Control I io 24 0 f Comnetciel ~ Study f Contrei r 1 Residential, misrolai C ` a Study CoMroi Residantial study CoeMrol t t L 1. C" L Sex-Related Crimes / 1978-1982, Selected Areas i o i ,5 C~ ~~ C SUMMARY OF FINDINGS There appears to he a strong correlation between crime fregven cv and the residential character of neighborhoods, i.e., the rare residential the nature of She neighborhood, :he greater is the instance of trine in that neighborhood. Crime frequent i.es were, in fact, fifty-six percent higher in residential areas than dis- trict commercial areas. { Tne above correlation is even more acute wAen topside ring sex- ` relatetl crimes. Sex-related crimes occurred four times more fre- quently in substantially resitlenii al milieus having one or more adult en to nainment businessex than in canoe rcial coot ronmcn is having one or more such businesses. !tea l ~~ 26 r ~~ !f~ ^ i i t ~. t l t L L I L` REAL ESTFTE IY~A;T r ~` A A T P T A E L ES E IM ACTS r This study also undo rt pok fhe quan;ifi ca[i an of possible effects of Me Proximity of adult entertainment businesses on the value of residential properties within a one thousand foot radius of their locations. In examining the potential impacts, three sources of residential property sa lues were inves[i qa ted: i.e., Indianapolis Aesi dential Multiple Listing Summaries (MLg) of the Metropolitan Indianapolis Board of Aealto rs, the 1980 Census (tract and Dlock occupied, si ngle-unit housin5 wlwtion data); and, annual lending ins N tu- tion s U temen is under the Federal Rome Mortgage Disclosure Act IMCAi. Summary data from the MLS were available over the perioc ly)y - 1982, while actwi mortgage values reported by lending ros[i;u;~o-~! were available for the period 1977 - 1982. Tne U.g. Bureau of the Census provides homeowner estini tes of home value at [he [i me of the 1980 Census (April 1, 1980). Tne data •vai Lble from these three sources differ in other ways. • The 1980 Census, while relying on homeowner estimates of the worth a ` of property, is a 100 percent survey and is described down [o [he block level. home Mortgage Disclosure Act da a provide a recorD ^ of actual mortgages processed and reported by local Iende rs (only t a portion of the total volume). Tht lowest gaoara phic level :t which this information is available is the Census Tract and, even •t this level, at times poses a difficulty wi tR [he available sample size. Multiple Lifting Summaries generally reflect an esti- mate of worth based on currant market conditions for the area ant can be assembled at virtwlly any geographic level since they art listed by address. As in [ht cast of [he Mortgage Giscipsure Act statements, however, there are at times Oro6l ans with the sufri- ' ciency of the ample size at the small •ra level. C Each of the data sets presents cone weaknesses. Although ;he 19EC Census only reflects an estira to of housing value at one pcint in time, it has the advantage of being • 100 percent survey of occ opted, single unit boos iny. The other two sources offer time series dau over periods of four and five years. They Mve the liability, how- ever, of sometimes lacking a sufficient sample size at the small area level in any given year to allow an acceptable level of sta[is- tiul confidante. Due [o Mesa characteristics of the da u , certain modifications were made in the study's original intent. Ra Mar tMn doing annwl comparisons o1 housing valve, 1979 was chosen as the cimparison _ L year and the 1980 Census data set chosen dug to the ability to summarize it at the count t d Fl k l l y, trac an oc eve . 1. z7 r The geographic levels of comparison were the County as a whole, ~\ the Census Tract or Tract cluster in which the S;uay or Control Areas were located and [he areas within a 1000-foot radius of the Study and Control location cen troi ds. A neat step was to use the dap available on real estate activity in the Multiple listing Summaries to establish market performance between 1979 and 1982 in both [he Control and Study Areas= The ^ results were compared to real estate actl vi ty in the residential 1 market of Censer Township which, in terms of value and oeneral housing condition, most closely resembles Lhe two areas aimno the nine Marion County townships. COMPARISON RESULTS AVERAGE MORTGAGE VAl'JES - 1979 t Harlon Countyl S 41,854 l ~ Control Areas Tract/T tact Clusters[ $ 31,8$8 .( Tract/Tract Cluste rs2 ] ( 27.872 ] ~ 1000-Foot Radiusl 23,)21 ( 1000-Foot Mdius3 ] ( 16,038 ] ~ I. source: 1980 census. 2. Source: Moore Mortgage Disclosure Act Sta cements, 3. Source: Residential Multiple listing Summaries. $LUdv Areas S 28,003 21 ,605 ) . 24 ,bI6 23.823 , Comoa rlson of the 1980 Census data would Intliute tMt the value of housing In the areas addressed in this study are from 4D to 73 pn rcent below the Marion County average, 4lhile the average value of Mousing at the census tract level was somewhat higher in the L census tracts in which CMe Control Areas were Ioca led than those in which the Study Areas ware located (531,858 vs. 528,003), the opposite was true when comparing the urgat areas themselves. Nousing vas ues within 1000 fact of adult en [attainment Dusines ses in the Study Arus were granter (although by • lesser margin) than thole in the Control Areas (524,616 vs, 523,721). ^ Mha teas the sample size is sufficient in most years to provide acceptable ctmfi Mnce levels for mortgage averages, the sample is only marginally acteptabla in 1981 and 1982 for the Control Area, z6 L yr 1 r~ r f i • ^ ~ !~ !L l L This finding is borne out by an examination of actual ma rt gages executed within the affected census t«cts of the Con trot and Study Areas, as well as real estate listings ai the 1000-foci Level. Using mortgage and real estate listing data we find that, while cpnsisteni with the Census data findings, the disparities were mere acute. Average mortgages at the tract level were S27,B 72 vs, $21,605 in the Control and Study Area tract clusters respective lv. At the 1000-£00[ Ievcl, real estate listing values in the Control Areas dropped to 516,038 while Study Area listings increased Dy approximately 10 pe redo[ over the average mortgage value in the c ract clusters of the Study Area. I t, would appear that, while property values at the tract cluster level are app rectably higher surrounding the Control Areas, housing within the Study Areas ihemsel ves is, on the ave rape, cf distinctly higher value than housing stock in the Con trot Areas. TIME SERIES ANALYSIS RESLiLTS During She Period 1979 th rough 1982, mortgages proussed in the Control Areas of the study showed an average annual appreu an on rate of +24.7 percent. During the same time f«me, mortcaces •ppreciatsd a4 an ave «gt annwl rate of only X8.7 der unt in the Study Area. In comparison, «sidantial nortgages in Cen :er Town- ship aPDreciated at a •I6.7 percent average annwl «:e for the period, AV RAGE MO TGAGE VFWES 1979 - 1982 1970.-1982 I57g 19110 1981 1992 Chan4e Control Frea1 $16,038 521,687 522,650 $28,420 + 77. Study Areal 23,823 25,4}z 30,964 }0,090 + 26Y Cen cer Townshi o2 16,100' 17.118' 18,903 25,099 • 56I 1 .Source: Indianapolis Multiple listings for Residential Prop. 2.Source: Mama Mortgage Disclosure Aet Statements. r 1` C I. ~ l I~ l L IL L'" l novrc;.ee vauua i Ch an cc Fron base rear :';'~?;i :n [er TJwnship udy Area - - - - .itrol Araa - - AE l., dTAi'c ! I5T".' • u.•: Gre: - - - - ntrcl ,:rea . . - • i r. r~ Tne average valve of mortgages from 19)9 to 1982 in Center Town- ship increased by 56 Dercent while Control Area values increased by 77 Dercent and the Study Area by 26 percent. RESIDENT IAL REAL ESTATE ACTIVITY 1979 - 1982 f 1979 1980 1981 1982 t Chanat Control Area Listinasl 29 23 15 15 - 52e Study Area Listingsl 26 28 26 29 ~ ~= Center township Mortgaaes2 896 635 3i7 182 - 00: 1. Source: IndDls. Mul ti Dle listings, Residential Droperti es. 2. Source: Nome Mortgage Diselos care Act Statements. • Both Center Township and the Control Area followed acne ral wrke: ~ trends in the volume of real estate activity, falling Dy 3C per- cent and 52 Dercent, respectively, from 1979 to 1962. Once acain, 1 the Study Aru performed in an atypical fashion, actually reels- (. teri ng a slight increase in volume (4 percent) ever the sax .period. l CONC lUS10NS ,sJhi lc bearing in mind the above-mentioned di fficuitie<_ in ctr to in cases with the sample size at the sub-a rea level, the following observations may be made on aNiysis of the data. A comparison of residential real es a to listings inel ca tes to at the areas chosen in this study which nave adult entertainnent es ublishmen tf within their boundaries have, on the avera oe, a residential nous inq Dase of substantially hiahtr value than that loco ltd in the areas chosen as control sites. ~. Despite the higher value of housing stock in the Study Rreas, property values appreciated at only one-half tRe rate of the Con- trol Area Ind at one•third Me rate Of Center Township as + whole. ~~ Ano thcr anomaly aDParent in analysis of real estate activity within the throe areas is that market forces within the St udp Areas avera present whtch caused real alto to activity with n its boundaries ~-' to run completely contrary to County, Ta,nship and Control Are+ trend:. 31 In summary, the available data indicate That twice the exoe cted • number of houses were placed on [he market at subs anti ally low- er prices than would be expected had the Study Area real estate market performed typically for the period of time in Questi onr . e j2 i t` • L ~ ~r t- APPRAISER SURVEY r ~ • PROFESSIONAL APPRAISAL OF IMPACTS Because of the great number of variables that have the potential to cause a D+rticular real estate market to perform ~rrati ally at a small area level, it ws decided to solicit a "Vest available p rofess :onat opinion" from real estate appraisers repa rding [he ma rke[ effect of adult entertainment businesses on proximate ~ land values. The Indianapolis Division of Planning approached [he Indiana 'Jnivers ity School of Business' Division of Research for assis- tance in polling the real estate appraisal community on the sub- ject. The University proposed [hai Me survey be national in scope and offered to design and pretest the survey in5t rumeni. Or. Jeffrey Fisher of the Univers i[y's School of Real Estate col laDO ra fed in drafting the instrument and conducted the ini- tial Test at • workshop in early September Analysis of [his pretest indicated the need for minor adjustments to [he form. ' In its (i nal format, tha Tree rumens (cf. Appentlix II ) positet a hypo [het :sal middle income, residential ne ighb0 rhooC in • wnicn •n adult bookstore was about to locate. Respondents were ~ asked to numericil y rate [he imDU[ Of this business on Dot` rest en rn a props r[y values wi Min One Diocx and thr!! D t Store. y Jsxld [0 ra ;! i nur- ber o Do tential o[ er uses as i0 whe[ha r 't rev wOUIC increase or decrease prop! r[v val uts. Finally, su rye[ participants ..ere asw ed to exD ress what they generally felt the effect of Gaul; bookstores ws on property values. The survey sample was drawn at two levels. Using the nitmbt rsni; of the American Institute of Reat Es USe Appraisers at the sur- vey universe, a Iwnty percent random sample of members was ' cons[ ru ct td for the entire nation. In addition, MAI (Reber Appral it rs Institn[t) members Nho DraC[i Ced In 22 Metropolitan SU[i stical Areas! (MSAS - as defined Dy the U. S. Bureau of ih! Census) of a site similar to IndianaDOlis were surveyed at the one L hunered De rc ent level. In Jan w ry of 1984, 1527 Ruestionnaries were mailed. As of February 22, 507 (33?) had been returned. These returns were split evenly between the 20t. (249 returns) and 100: (2 cR returns) samoles. In the national sample the rate of return by geographic region 2 was Fairly consistantt East,41 - 272: North Central, 56 - 28Z; South, 89 - 25t: and, Yest, 6) - 24t.Ra to rn rates from the IOOI MSA survey • varied from 142 from Ncw rk, N. J. [0 62t from Cle ve land ,'ON. L L° r -~, J 20` NATIONAL SURVEY RESULTS Survey respondents overwhelmingly (80$) felt chat an adult book- store located in the hypothetical neighborhood described would have a ne a i~~- i ac[ on residential probe rt values ofZ'rFmi- es located wi to in one ~ s~ e. these, el[ that e property value wou eCrease in excess of 205, while 59$ ` foresaw' a value Deere ase oTTom 1$ [0 20$. One -f,fth of the I respondents saw no resul ling change in resitlenti al property val- ues. Seventy-two pe rceni Of the r ondenis also felt that there would be a ,menu a ect on commercial property values a[ the same on ~ r, ve r, e [ the ct eci woulC exceed . o worth with the majority (62Y) seeing a 1= to 20i decrease in Wlue. 28$ of the survey predi tted that there woulc bt n0 neoati v! effect. ' 4hi le the grist majority of aDD r+i se rs fe I[ that the effect of ar+ adult bookstore an property within one block of the slie would decrease Drope rty wlues, they felt CMt tots imaac; felt off sharply as the distance from [hs site incre acad. At a distance of three blocks, only 36$ of the reSDOneen;s fel; • that there would De a negative impact on residential orcaer[ies. 1 whereas 64$ felt that tM re would De no impaet at all. cctty ~ ` ih an th roe-fourths (77i) of [M survey saw no imraci or. cDm,er- L ci at property at this distance. In summary: 1 The great majority of app rai sa rs who respmded to this sur- L vey felt that there is a negative impact an rest den ii al and conme rcial grope rty values within ono block of an adult bookstore. This negative impaC.t dissipates markedly as the disUnce - ' from the site increases, to tMt a three blocks the esti- mate of negative impact decreases by more than one half judged by the number of respondmts lndi siting ne Doti ve impact ae three blocks. - The majority of respondents felt that the negati ve impact of an adult books[ ore Is slightly greater for residential properties than for commercial properties and decreases Iaas dramatically with distance for residences. ;4 r ~\ 1 f L L I 1 L iIATI CJgI SIIRVEV Dr qPO RAI SE P.S Impact of gCult Bookstores On • D roDa rty Values BLOCK 2 - i - _ - -- 1S Y,. «.. :i:i i II7I7 r<« ... ~.i i~.~ u.~ ~ ~ ~ 1 - ~ ~ ;~ -- : ~• •J •, w11Y.1 111« w ~ ; _._ _ 1 __ _ _ ___ _ « .w«I{ J. a J 1.a ~ 1 x• 11 Il ~ .... ~ w.. ~ .... ~ I1 1 1 L.~ ~1. ..1 Y. w 1•a «.1 Y.1 «.. .« .I COMn, 7Cl Fl DeoDEf1' qT Ot:: BLOCr. z~ 10 crg. S 20a 11- 1- Nag. No c0 10 Cha. ~\ t i • 1Y ,~ l ~. L L L` HFTI C`:A. SUkYEV CF APPRAISERS l mpact of Adult Books tones Cn Frope rty Values REST OEI:TI A: PROPI _~ ,,... . _. .~, L'~~ --- --- .. _. ~.IV A t• IW. .~... . .!n F....F.I . ~ - -- :~i u:: ~ u i r If.FY .nF.. » '.I .I CO"F.E RCIFI PRCPE PTV FT TPPEE + ' 76 Y 20a 11- 1- We S. Ho 20 15 Chp. ZO 10 Chg. „ r~ ~. ~ L L L L L f~ f ` i Resvonden is were also asked to evaluate the impatt on resitlen tlal property wi Min one Dlock of a number of alternate uses for [he hypothetical site described in the survey. Of [he alternate uses Droposed, a clear majority felt that a medi- cal office or a branch library would inc re+se the vsl ue of sur- rounding residential property. A sto re -front church, welfare of- fice, tavern, record store, ice cream parlor or video-game v+rlor were generally felt to net Mer tap rove nor decrease residential property values significantly. On the other hand, a substantial ' majority felt that a pool hall, drug rehaDi li tact on center or a disco would decrease props rty wlues - although not as ove n.nelm- ingly as an adult hooks tore. NATIONAL SURVEY OF APPRAISERS I Impact On Resi dan[ial Properties I land Use Value Xioher Lorxr m-~Cn SOm! SCR :O^C n,_r Store-f rent church 5. 20: 58': 16: 1: ~ Pool hall 1~ Ef. 45: 3S: .. ue lfare office - 12; 46: 33; Br Ne; pnDO rhood tavern 2; 18: 43`e 32:. 4; f I Record store BZ 27: 6t`. ;! i - rKdical office 24: 36: 33: 2`. - ii Drug rehah Center - 7r 35. 42? 1;:. Ice cream parlor 15: 30: 534 ?%, - Video-game parlor 1S 18t SOY 272 Se Disco - 11; 42. 352 12`< Branch library 242 342 382 4~ - 37 • • • The survey also asked Che degree to which adult bookstores affect ~ property values generally and the basis for this opinion. Twenty-nine percent of Loose exD ressing m opinion saw little or no effect as the result of atlult bookstores on surrounding property values. They based this opinion on their awn professional exper- ience (13E). [he observation that this use uswlly occurs in an , already-dn [t rio neig or an e e ing t at ' only on u e ertainment use would be incanseq uential. A Substantial-co-moderate negative impact was Droj ecied by 50`< I of the respmden ts. Twenty-nine percent felt that this was be- cause it attracted "undesirables" to the neighborhoods in which [hey were locate w 1 elt that it creates a bad image of the area and 152 felt that the use offended Da rvape i~n= i[y attitudes so uy ust one ra wou d be discou rased. based tneir oDini on m professional experience. A number of survey resDOnden is (202) saw the potential inoac[ on a a neighborhood a Deing contingent an certain wri a6les. 28i_ of [here felt that it rou ld depentl pn the existing property vat- + ues in the area as well as Me subjective values of its resi- t dents. 23`+ felt that development standards such as facade and sianage mould determine impact and llY saw the nawre of the ex- . istiny commercial arna antl its buffering upset ty as be inc most important. r w ri ~ 'r +- .n. w.r I nwr r r r ~' ' `I IMPACT ON VALUES ~ ~ w ~ . ~' 100 , wra, „r,~, n w:: ~ ^•; ' :~' `.~ . }.e r ~ r. r r r r.n ~ i r ' 60 . :.. ~ i _ ` y 7~ r rrrw a.i i i r i i.~ i n:i .:i ~w ..a LI ' % a wr. r.~ L zo ~ // jj .,,,»t 2 None/ Subst/ Coni. little Mod, L ' 38 L NATIONAL SURVEY OF APPRAISERS Impact Of Atluit Bookstores on • Property Values ' ..... ~~r. l ~,~. _~"'i __ _._ . •.i il• •.. ~.~<Y _ ^~ w ...' r« w~i w w.. N~Ir~N. ~= ~yAr• ~ w.w~ wA ..~ ~ ~~ _~ `-_~_ w.. .w.,.... _ i ""' _ _ . ~ ~~... ~.... _,~i~ -.. ~..~... _ ._u.: M .~ - . ~r~~.x .• ~ ,iYy w _ ~ •-~ Fem. ~ ~~.. 4ti ~r~~'.V~.~ ti •'-r` I • 39 ,~ 1G0' MSA SURVEY RESULTS ~ ~ The 100$ su rve~ of he iropolitan Statistical Areas similar in size co Indianapolis produced resu145 that were cbnSisten[ in virtually alt resDccts with the results of the 20$ nati an al survey. - l i - i d h l ( 8$)i e m n en is overw ng y 7 de survey, res0a+ As in the nationw dicated that an adult bookstore would have a negaci ve effect on residential probe rty values in the neighborhood described if they were within one block of the premises. 19$ felt that this deorec~- ation would be in excess of 20$, whereas 59$ foresaw a dec re esc in value of from 1$ to 20$. ' Sixty-nine percent sw+ a similar decrease in commercial property values wi[nin ane block of the adult bookstore. As in the national survey, far fewer (only 7C$) felt [hat a tlevatuation Of over 20 ~~ would occur. The majority (59$) saw cAe deg reci aii on as be ino in . the 1$ [0 20$ range. C Once •gsin, the negative impac[ observed within a one bi ock rabi us of the adult bookstore fell off sMrp lY when the discan ce was in- crt aced to Ih ree blocks - al 4hough, judged on the numer of those indicating no impact, there would sDDC ar to be more of a res~oual effect on residential propartict than on came rci al props roes. • 395 of the appraisers felt that a negati va impact on red denial i ~ grope rtics would still Obtain at [hrtt blocks from the Site. On I. three percent felt that this impact mould be in excess of twee t. percent. The remaining 362 felt Mat depreciati On would be some- where in the one to twenty percent range. 61$ saw no app reci aD It effect at all at three blocks. Commercial property was judged to be negatively imp ac ud at to ree blocks by 23$ of the survey. 76$ saw no change .n value as a re- suit of the bookstore. In Summary: L - Appraisers assigned a negative value to an adult bookstore located within one block cf residenti it and corsrcrcial Dro• pe rTies at an apD roxi matt ch ree-to-one ratio. - At a to ree block distance, this ratio ended to be reversed. - The number of thosc indicating • decrease in vsiue at to ree blocks decreased at only one half the rate for residential property as for commercial property. L _ 40 t r 1L~ s i .._ 1 L I~ I C YS: SUn~ty 0~ ;,ocPa Sr n< I MPRCT GP ADULT 500 r,:TORES 0.! RE510EtlTI AI PROPERTY AT OIIE BLOCY, Dec real " 11 ~~ ~ Ge c no Dec i " ~ ~~ C • .~ .~ _~ .. i t• ~~ f t 1 t r i i l L L` qec :~ • 0 20 40 00 r,SP 5;:^l'Er 0° A°~pf.!5E?5 =~ ~ 1 Y t• ~. • H\. • 42 I•~PCT OE POL'L': °OOKSTO P.ES 07 CO!t~'RCIPL og0or p,7lE5 P7 nH'c 3LO:Y, r k5A SU~VCV 0~ FPO RAI SE C<_ FACT OP ADUIT BGOKSTOP,ES 01: REEIpENTI FL PP,CPE P.TY ;4P.EE BLOCKS .. .. ~ ~ .. :S ... ~ ... ..,. ~ .. ~ ...... nw _ ~.~ ~_ ' _ _ ,A _ _' w 1 ~ •~ ~ ~n i w~. ~ M ~ ~~ ~ ~~ ~ ~~ ~ •u i ~n i •~~ • ~~ ~ ~.r 1 r~ i ~~ i ~~~ _ - - - -- - - jT _ _ - - - --, - _ _ ~- i :: V: u --, 40 60 BD t. ~• • a 1 l~ MSA SU°CE~ OP'A°°RAISE P.S De ...... ~~~.~.... ~..~ i~ ~.... ~,........... ~.. ... r... ~.. .H •J Y 1 MMJ~w~.1. L. YZA N,. ~~~I.Y„yi ~ 1. y ti ~.~ 4i+~ ,., 4, u w ,,, .~ ti M 4~ In°AC? 0° ADULT 900Y.5T ORES 0': COMYE P.CJ AL PRDPE P.TY AT TM REd BLOCKS 1 r \ In response to a question asking appraisers [o rate the impact of a number of different comme rciat uses at the same location on residential properties within one bl oc4, [he majority felt [hat a medical office or a branch library would have a favorable im- pact while a welfare office or drug rehabilitation center would have an undesirohlc impact. The majority felt that a store-front church, pgol hall, neighborhood rave m, record store, ice cream parlor or a video-game Da rt or would not have much of an impact antl were about equally split as to whether the effect of a disco would be nc ut ral or negative. ~ ` 1 1 L `~ 1 ~~ ItSA SURVEY OF APP MISE RS I fact On Residential Propert ies Land Use V+~ue Xioher Lwcr n=cn Some Somme ome M_cn Store-front church LY 242 92S 2DS t; Pool halt tY 12S 48: 33Y 6: ue1 Are office t2 13Y 412 37: 7: NeighDOrnood tavern - 1R 52S 29Y 6t. Record store 62 29Y 54S 10: IYdi ut office 20S 37: 392 4: - Drug rehab center - 62 39S 402 19Y Ica cream parlor 1HS 29Y 52S 5: - Video-game parlor li 172 Slt 28: 3S Disco - 132 442 33: IOS Branch library 242, 372 34i 52 IS ~9 f th i i i l on o mpact e r eva uat In response to the Question about the of adult 6ooksto re5 generally on Surrounding Drope rty values, 212 of [hose expressing an opinion felt that there vrould be little or no impact with such a use. They Dri ntipal ly based this opinion on their exDe rience as appraisers (202) and the obse rvati0n that su[h uses usually located in areas that hsd already deteriorated (262). L72 of the survey felt that there is a substmti al-to moderate impact. Their opinions were based on professional aDD sisal ex- perience (182), and the obse rvatians that: given current mores, an adult bookstore mould discau rage borne buyers and cus tame rs (14°,); the use Dreci pitatnd tlecline and discouraged improvement (112);md, it would attract "undesirables" to the neighborhood (29i). The nature of this impact on property was can tingant an a number of factors in [he minds of 322 of the respondents. 132 felt toot it depended on total a[ti Ludes and the adegwcy of legal controls on [heir operation. Extc ri or factors such as signage and bui ldina facadc gwlity were scan by 162 as the do to rminmt. 302 felt the inoact would be directly rclaud to the values (both monitory and humor) Dreva lent in the nei ghborhootl. Md 202 felt that the mswer deem ded an whe Lhcr or not the bus ineu was like lr to re- tract other such businesses. • a ` ~ . s ~. ~ r EFFECT OF ADULT BODKSTORES ON PROPERTY VALUE MSA SURVEY OF APPRAISERS r LITTLE OR NO EFFECT . w.. ~ _ ± 1. ...n .J_ __ J .. r .~I.I _ _ - , _ _ __ .1 WJ w - ... ( ) ` _ ti .. _ ..I~-M UI- _ Y • 1 J r . ~• :±• M q ' e ... ~ 1~ M/ Y ~ M~ ~ M - ~ 1. 1 J ~ 1 i 1 J~~ ' N: M ~~ _ --IJ~_N .1 AI _ _ _ M , - , -r . N y N. u •I Y M1. y_ .u J... ~.~.. N~...w.-.~rL.~J•. •~~ ~.L . 1..- L 0 No rtesan given. 6 • COmme rciel buffer. 1 ApDreisel caps r- 7 • Merkec adjusts ienu. quickly. 1 Aree in decline. 8 To 1•need by 3 ' Arse in decline. current mores. 4 Not en intense 9 Other. use. 5 • Only ane d«s TOL YILtf. y • ~ ` 48 i i< J W \` 6 N as Y C 6 6 W C I $ W 6 O 6 Y 2 W /// O C N -J ~ N N S o 0 ~ J i 0 1 1 W 1 L L .,~ L t . _: - -~ -; :, ;: __ - _ _ :: 1 I 1 ~ .~ I 1 •. .5.:....i .. i.;.. 5.:. .5.. •I S!1• =i• _ _ __ '~. i.'yj ' 'ii ii'iiii~,ii ~~ „-~'~iii•~iii' :i _ _ - _ iii a......i:: {'iii,.. i-. -~ °'_ :;.;~: te'..e~ 'jnj..a ::;, . ~t`._ iii.. ;s'.. i =~ •; '~ si - - •i::i s~% ~:::.ii~ i:~:ii~iii ,~:::i .__.._: ;. '• ~. '.y.S .SS. •:M1i Hiil~i.'ii~.. C ~..S. j••iS~: i~i ~:•1a ..S ...i..~~ii ~ = j !~ ~_ •• _._ ....... :..... ...~ .... .S i.:.. i!i ~. •. {:.i• •~ IS ...:.. S._:.. . S~. SS.;~ii::~S'~t~. u:~: ___. .u. . !!': t tip: + - is• ii i .. r ..:.... ~i ~: .. ~ • V V i •~• _ .: •ti is ili:•t~ W W i ..t... • •• W :1 •~~•: ~ •~ F• C :i ~ W ~ y : • ' <' •' . J I ~ _i 1~ ' ~: ,i i .::~ ~ '; T a::':S;; i :; .. 1„ N .i ..i ( . ~ IPj _• . i ~ '• .S . .. N f i i i .S '' ~. _:• 1 •~. ~ ~ ..s.,.. ~::':i:' . i:~~ ~ ~ , li:'.•t:i'~iti: ~:i i':•• ~:i::~it:: :3::1 . .... .... ii•i: ::3'{~{p ~~ :::} a1:' .::' . .. .l. ~ • ~~ ••~ :.'..:.i....f '. ~'ti i~'~i~::i~iiSl~: i~ it ~% i .....1 s J • ~, ~9 ff q v E O N W ~ ~ r ` ~ v u ~ u . m~<~o ~ ~ w m ~. ~ ._ 7 ~ 7 6 ~ ' r Y y~ g j ~ J L ~ ~ t r n p Y u .. < o ~ o ~ .o N 7 ~ Y N 7 ~ x q U N_ PY ~ pf ~.. O c . R C N o~ C q. .._ u ` L ~ U f ~ '< D ~ V ~ ~ C :F_dq~ .. O ^ N n < ~ ~ i \ ~ J W ' .. .- ~ . :. ~ > = ~ i - R _ _ •_ - - Y 6 _ - • ~ 6 : - :: • p p ~ t W i ii O W •. . .]..~...] .iii ~ C O _ ~ ~ ~~-~ •"•i 6 i] 1 ~, .. • O a 1{t: itt iJil : : N ~J " i N ! ce O C i •~ i : W lr : . • .~. ce = Y - .. t •~ •:t:•ltt ` .. J i •i ~i ' , - o C _ ; its .].! ..! ..1'•la O -.~.-.. - u yr j. ` 1 ~. 1~ `L L ~~ I ! ]li "" •] ~ ~- ~ ~ i 1 ._ _ _ _i-_; __ .ii~j • •i:: :: ii •'i :S ~ 1 ~~ ? • •i I ---i••..: ••-I-...Y •~T~ •i ii:-iiii"iii"iiip llt: •i _ _ _ 1 ~ ::/i il:l ~~:4 /ii~•• 3:ii - 1 L i •ic •fi •iii •siii sf-i• •illj•Stli..•11•t•t .•ill :. •i i i . i .-L-~i " ..i c i~ ----...-].--.5--.-i...•i '111 •'tll'"r.] (•ot:•tar,•! •{-1 t!•1 ~.----:...-i.... i.-..c.--'i. ~•iii:•\111 YtT I.tT I:'tSl:9 i S{• _.i c-~ •i r .•} , i •:..u:. '•... L•..: •...:. : •: / -: ///: i=:i ~1 :: iii: ///1 1//:"iii :•/il ti : : -••] .•.i•...~.-•.i....]...•i.•..t.•.- i ... •: •: l •iii ~•sii: •iis:-i:::"ii::•i:i~":t: ~•iii ~ •t]]i•:•]i •liti-to i•]tti•]\!i•\tt i•et\ ... ... ... .~- . . i i i i i i .~ ~• ••i :i .L- .i. .. • • y •• ••~ e•. o•~ •••~ u•~ ,: 1 •i • •r i {{• W •~ i.. A:....r-...3....:....:.«. W ii•:•tt S: •11]'•lil~.t. ]: ltll •1 ]it i.... ].. 1 ~+ '!'llli•ttti'4~ti•l:li•ii:t•t:l!•ljl j•111 i I ~ t 1 ...1 { ~ ~ 1 ~ iii~• :• u SO . . ;i O Y yC yCy ~ C E E ~ a P P O C C ~ 9 R C V \ Y\\Ir ~ Y Y O n N o c ~ _ e ~ub'rd~i-~ { ~ I ~ { N .O Am ~] 1 T P • EY C C ` /1 .I q ~ n K a ai _cu o n c ~ u Y ~ ~ w u a ~uo _ ~ i„J q rt Y { { 1 I ~ N t1 ~ i 1 ~~ 1 • rr ` l 4~ i f~ l L' SUMMARY OF FINDINGS The great majority of survey o tern ,e r Store ocate wit in se rs felt tbu an atlu al pe roes. $0`e n excess of 10i. At a distance of three blocks, the great majority of respondents (714) felt [hat the i~act was negligible on both residential (64$) and comma rci al ~(77S) properties. Ewn so, it would appear that this residual effect of such a use was greater for residen t~i al than for commercial premises. In answer tc a survey gwsti on regarding the impact of an ~atlult ooo,- store on prove ny val ws generally, SOS felt that there would be a substantial-to-moderate negative impact, 304 saw little of no in- put, and 20$ ssw the of tact as being dependen[ on factors sucn as the predominant wlws (property and social) existing in the neign- borhood, the dew lopment standards imposed m the use, and the abil- ity of an existing comae rci al node to buffer the impact from other uses. , The results of [he 20S national sample and the 1001 survey of Me;rc- oolitan Statistical Areas were vi rt ually.identi ul. The xe s~pni- ficant va ri uian that did occur was in the response to the cues[ion asked as to the of (e ci of adult bookstores on Drope rty values gene r ally. 0.e spondents in the MSA survey placetl more amnasis t32:, versus 204; on conditional factors at the site. 5, r r FOOTNOTES • ~t 1. IYtropOlitu+ SIa[isTical Areas (MSAS) surveyed at 100$ were cn osen m the basis of havin g a one to two million population at the time of the 1980 U. S. Census.~They"were:"Prioeni x, Arizona; Sacramento, San Diego and San Jose, Cslifornia; Denver/Boulder, Colorado; Ha r[fp rd, Connecticut; Foft Lauder- dale, Miami and Tampa, Ftori da; Indianapolis, Indiana; Ner Orlesns, Louisiana; Kansas City, Missouri; Newark, New Jersey; Buffalo, New York;-Eincinnati, Clew land and Columbus, Ohio; t Portland, Oregon; San Mion iq, Texas; Seattle, Vesh inotan: and ~ Milwaukee, Hisconsin. Al [hough slightly outside the population pa rame[e rs for this selection, Louisville, Kentucky and Atlanta, ' Georgia were also included. 1. Regional designations used were those eim toyed by the U. S. 6u reau of [he Census for Ine 1980 Census. The data were processed and c roast abulati ohs performetl using the Statistical P•ckaoe for the Social Sciences. i ! 3. The disc repen ey between the number of iurwy responses ana ene number o/ responses Co the question in this and suDSto wnt [ao- lea is the result of some respondents having omitted answers tb questions 6 one 7 of the survey. • ft ` 1 57 r r~ • f~ l L APPENDIX I Area Maps ~:DL'LC EGTE °.TAI;UtE;:T'3L'SIHE55 ;TL'CY v4/ ~` 4 9 r ~\ 1 1 I ~ I I C y '~ L~11: ~~~~I. ~~ ^T1 N'i SMING TON NIGN SCHOOL -~"-- coMAan ~~ ~~ , I STUDY AREA LAND USE '"' ~ 2101 West Washington St. ~ fMC ~ CHAIN DIVISION ~ Haetdantial Cheratter ,~~'_-_"-"+ ®Dietrict Commereital CMneur ~_"J Aduh EnteRainmens Site r` i r 1 !~ 1 f~ l r~ (4 I :DUCT ENTE?i AINhENT dU5i NE55 SiJDY ~d~ ~~~~ ~d ~~ ~~ ~' 0 ea ~~- - i6 r. • ~, STUDY AREA LAND USE 3535 West 16th St. j a- V '• ' ~ i , `_ _ ~] Residential Chsneter ,_.•{ 8p ®Distriet Commarciel + i Chanoter 0 Adult Entertainment Site • I- !Y EIITF °TN I:HE!1T BUS INF`; STUDY ~• ~ ~ _ ~ ,_... _. _ _ ~, i _ L _ _ C ~'~ i %l'V' '. e~ y= _~ gene ~!_ ':. "i L ~':_F: e~-, -} /. ~ ~ ~~~%%~ L` ~.o-- - -:l:~ I . ! 2'2.S ~.~ ~...I r t I ~~ 1 ~ I.tic ~C i ~, i :` i I ~_-_ , r'-'~ '~ . ~ i i i i fu ~ .A ~. 1 .LE i 1 fto I S7UCY AREA LAND USE 8716-6122 Esst Weshinyton St. Q Hesidentiel CAereetsr ® District Commsrciel CMneesr © Aduh Entertainment Site ,_~ r (~l !r 1 i t i I ~. M i L c,.~~ .ar[rr.iHr.,~:- e;;si i~ss s*uov ~~ 0o r~r--, STUDY AREA LAND USE 4441-4475 North Keystone Ave. Q Residential Character ® District Commercial Character ~~~° ~` ~ Aduk Entertainment Ske II _~~ ~~. ~~ ~~ -l i. Vi ,' ~.~ ~ ip:~r ZSSS ~~~~ I [~~ F~ P //, ~,,a -< ~,,~L c~..~ ,~. ~ . r ~` i L L L L" 6Dtr LT ELATE iTC.149E::T BiK It.E 55 STUDY ~_ Ca: ~..TTi'3 ~~ ~--~ r M-+~. t.r :ir~~ 7 =l ~~!~~ i ~ q i. -2i tir ~. . 7 ~~ 7 t_> ~' _ CONTROL AREA LAND USE - 2500 East 10th St. _ Q Residentul Cheraaur ® Aistrict Commercial Chewetp • Conuol Arae Ceniroid -V~l i~ I I, 0 i .~- =~ ~ ~ .~ ~! -, '~.-, y r-'~'~_ - ~::._ _; . =- =~ ~` -_~ i.-:-y ~_.- ti ~`^ f ~ ACULT ELATE RTAI LAMENT BUSINESS STUCY f~ I } I .~C ~ '••9 I €~ ~~ I~ ~ ~~~~~~~ € ~~ ~~ ~ o. ~, , ,, ., I• ~_ ..~ • !` i t L L' I ~, :- ,, •~ ~;.~ • l: -- ~~ • CONTROL AREA LAND USE 2300 Wsst 10th St. ® Residemial Chsncter ® District Commercial Character • Control Araa Gntroid L~ I-VIII a • ~• ~.OULT E'1TE PTAIAME4T BUS MESS STJD~ :~~.~_ ~_____. l r.::a +:, _~'=--~C' ELLEN BE RGEQ PARM J 'qd~ ~ 7~ q u `/ h. I. i ~C.'.=~~' ~n 'r sk . 5. .•c wr wr .+ _ v'r~ . ~ pQ / y y~7.. ew ... c. '. ' r.: i ~-A~'Ga -~c~ 11 Ip ~~.~ ~ iH ~ Is 2 1{ .1 ~ ~ if lM ~~ L r1vs~NCro 1 ~~~ --~ . Nr ~ 1 ~ s'i? 1,, s~ ~ O i~ v ~ s'u • .; 'a• CONTROL AREA LAND USE _ _ .: v~ ` + ~ ~ 5420 E ast Washington St. •~• C~ Residential Character ~.. ,. = .:?,- .. a a. • ~ 1a ® District Commercial "`~ Characur ~ ~ Control Area Centroid i_ ix f r ~~ r r r t ~_ L (~ L I L" I App.'. CITE{ITAIIInENI BUS IIIE55 STUp+ CONTROL AREA LAND USE 2600 W.a W.shinpton St. Q Rasid.nti.l Ch.r.ct.r ® District Comm.rcial Cn.r.ct.r ~ Control Ana C.ntroid ~~ . ~ ~~. ~ ~~ q r ~~ ~. 1 .~ ~I V ! k 1 t y ~~ nor 4 _ 1 WASHINGTON ~~•' HIGH $CHOOL~ CONRIIL __.________/ a~ ~ i 3 I ~ ~ 1 1 i FMC ~ 2I I ___~ CHAIN DIVISION ; ; 1 ___1 ~ I ~ i I, L__J I ~ I I_% u T sl+re~Talansur ausu;ess ;ruc~ F---- ;J ~ I '~ ---L ' _ , I,~ •~ ~ o ~ ~ ~jn ~ ~I 1-1~~,~'I;i?~ -I l 1,''O p~- _ I :I _.. - I ' ~ •I 1 ' t_l 1 ~1 •S ~_ ~ T % CONTROL AREA LAND USE 750 North Shedelend Ave. Q Residential Ch~nety District Commeroial ChefaCtef L ~ Control Ana Cmtroid f ~ W CIc I~Ir 1LI 1 :<: I Aso -~ ^•. _(( ~ I I 5 ~ I i. ~_ 1~ 11 r _ I ;, '. --,L- ~ , I ~ ~ 792 _ 44L _.i I I. 1 I 1~ j ~ I I i_ I 1 i EAiSTGoT~E ~ i 1 + S Mi0 P P~I NIG 1 C~ENTERi I i ~ " 1 I 1 ~ ~ ~ i-xi f r ~~ ', APPENDI% II Appraiser Survey C L L • L- 1` C C O~vID E. WIt,EY aenc• January ZD, 1984 OEIMTMEM OF MEtRpVp[nAN CIEVEIOpMEN' Dear M411lember: The City of Indianapolis, Indiana is currently in the Drocess of prepari nq • nar local erdinancs that will regulate the location of adult an to rtainmant businesses in nlacim to resi4ntial . nei ghboMOOds in our eaemmlty. In an effort to Orovida a basis for tha proposed Iegis lation ~ that is equitable and legally defensible, 1 would like to ask your help in estaDiiahinq a "bet[ prorsssionai opinion" on the met [e r. As • raal estate professimal, the opi onims you store with us m the ancitned survey form[ mould be very valuable co us in the dew lopaent of • pefitiw legislative app roach to this difficult local issue. Thank you very weh for your assistance. Sincere v Carley cc. l.. Carroll ~~ I. 11' I CITY OF INDIANAPOLIS v+fw.w « nuouvr, xi w~rpq ' SIKE55 : •.. 1tiDlA;~A Ul~1VERSITY ~ SCHOOL OFBL BLnmmg~nMlndiana pubs (~ 10~h and Fee Lsnr ~~ ~ • ; : I Dlnnmmglon. Intluna 1:405 ' _ ~ '"'S '~ (812) 337-5507 ~` I Dirymn of pex•arth ~~ T0: Professional Aeal Estate Appraisers £ROM: lndiana Onlversity, School of Dusineac, Mvi •!oo of Research Please help us Sn this brief national •urveq. She informa2f on provided vi 11 he1D clarity ao Smpozta~ot queatien. Aead the follwinD Snforu tfon about c hypothetical nel6hborhood and resDOnd to • few auestlona Sn terms of your professional erperl epee and ludaoenc. A middle Snc ome zeaidett Sal net {h Dozhood borders • rain street Chas con calnc various comersfal act1v121es aezv3n{ the nei{hbozhood. Thmre is a building chat vas recently wuted by a hardware store and uill open shottly as an •dtlt Dook score. There are no other adult booka2ores or similar acclvities In c?.e area. There Ss so other vaunt couserelal space presently available So f the nei{hborhood. Please indicate your answers to questSena 1 throe{h 6 fa the blanks provided, ~ r ueiog the sole A throe{h G. t SCA:.E: A Decrease 20: or wre D Decrease more than 10: but lna than 201 C Decrease frw 0 to 101 D No Chan{e is value E Increase frw 0 to lOS F Imerease mere than 10: but lets Chao 20i / C Increase 20Z or wre 1) Xov would you a=pest the avers{e values of the RESIDEI.?IAL -- property sal thin ~e bleek of the bookstore to De affected? 2) Nov would you espeet she avers{e values of the COMl4RCIA1 property vlchin owe Dlock of the adult bookstore to De •tfectedt f L 3) Aov would you especc the avers{e values of REDIDENSIAL property located three blocks from ihs Dwkatore 20 be affaetedJ _ 4) Hov would yeu a:pact the avers{e ralus^ of the COf4ffACIAL property ~ ,~ ch_ ree blocks frw the adult bookstore to Ee aftmetmdl ~ . 1 1 - -- ` f vat ~~ 1 1 1 t i t 1~ l ~~ 5) Supyose the teal laDlt commercial Du1ldSng Ic aced for something ocher that. an adult Dookctott. For each of the foll owing potentitl acct, vouid the average value of reclden[lal property within one Dlock of the new Duslnecs De ... A much h: gher B somevMt higher than Sf an C about the same adult book trots D awevhat loner xcupled the site. E eacD lover In the space provlded, vrlte the approprltte letter for each potential use- Store-front church ,_~ Drug rehabilitation center Pooi hall ~~ Ice cress parlor -_ to if art off ace _` Video-gue parlor 4- Neighborhood tavern i_ Disco ~- Record score ~_ B: moth library ~- Medical office 6) In general, to what deers: do you feel adult bookatorea affect property valuu7 7) k'hy do you feel thSs way? B) 4Tert do you praetieeT [Sty Stact Your name (If you prefer not to give your nsse, yletae check here ~_) thank you for your coopetatloa. pleas tetuzn thin queatiennalre Sn the postage paid envelope provlded for your eoovenienee. APPENDIX III Lind Use Control of Adult En urUinment L J i ~~ APPENDI% III LAND USE CONTROL OF ADD LT ENTERTAINMENT LE WL BASIS Zoning has traditionally been defined a5 a process by which a muni ciDality legally con: roll the use which may be made of pro- Derty and the Dhysical configuration of development upon tracts of land within its jurisdiction. This is accomplished by moans ' of zoning. ordinances which are locally adopted [o divide the land into different districts De rmitting only certain uses within each district for the protection of Dubiic safety, we ifa re, health and moraiity.l Zoning regulations not only regulatn the use to which buildings or property may be put within designated districts, bu[ also the purpose or object of the use beyond the me rt conditions Or cir- tullK tan pe5 of the use.2 ' in a 1920 landmark tlecision, [he New yo rk Court of ApDe •ls up- held new Vork City's co~renentive zoning legislation ,3 and re• affirmed this legislation as a proper exercise of the ci'ty's ~, po i i « powe rs. ' In 1926, the practice of tong rehensi ve zoning recei ve0 substan- tial aUDDOR when Lh! Uni tetl BLItlS De paf Lmant Of Cor•Lne rc! pro- mulgated the Standard Sute 2onin0 En ablin Acc. This Act be- came the rtpdel or lips[ o Che urly ion leg anaDling legisla- 1 Lion in [hr. country. Vhi le the courts havc reaffi rme0 that muni ci Dali ties are proper- ly exercising their Police Dowa rs through zoning rtqul a[i on, it is generally held .that [hey havc n0 inherent Da+er to zxe ex- cept (as is [he case with the police power itself) as such parer is delegated to them by the state Itgis latu re th rouge sea WCOry en actmenc. The right of state It gi sl atures to delegate conpre- hensive Zoning paver to noel ci Dalities, on the other hand, is uniformly recagni zed Dy the courts .~ r L Because municipali[ies in the state had to be enabled to exercise zoning pavers within their jurisdictions, the Indiana Sta[e Le gis Lture, by means of enabling I44gislati on, oe le ga Led this power to local units of ,gova rnment.> Con r. of of the use of Dri va to land inevitab ty raised a number of pes. in the landmark 1926 case of Euclid con st Lt u[ional goes t a v. Ambler Realty Co., the United SULes Sup rema Court upna ld Lhe L ` city of Eutlid, Ohi o'a municipal zoning ordinance which had been claimed to involve in unconstitutional dtp riwtian of props rty ( 1 by deciding that coup raMnsi va zpn my ordinan cgs •re • proper exe rc~se of the police power and do not constitute an unconstitution- al tlep ri va ti on of probe rty. This position was reatfi rmed by the Sup re ms Court of the United States in 1927.7 thus, the general legality of zonigg is established beyond doubt. Subsequent decisions by [his cou ri Cb established that such ordin- ances, however, could be unconstitutional when applied to a par ti cular probe rty. This established the basis for the system under which the City of Indi an aDOlis currently operates where each var- iance or rezoning request is dei:i ded on its own merits. THE PUBLIC VE LFARE The Dolice Dower authorizes a gove rn~nt to adopt and enforce all laws necessary to protect and furtMr the Dublic health, safety, morals and gsne ral welfare of its ci ti stns .9 Li mi[ations on the exercise of coning power are ss semi al lv the 1 same a those res [riding the police Dower under the U. 5. Corsti- i [ution, i. e., they must be reasonable and gw ran tee due vrocess and equal Dronction. It may not be sote rcissd in an unrusor.able, oppressi va, arbitrary or discriminatory way. ton ing laws, [Hen, a must nave a real, substantive relation to the legi tima[e ooverr- ~ mental oDj ect~ve of the protection antl furtherance of tna puc lic hcalth, safety, morals and gene rat welfare of ci ti tens. The Dublic welfare, in these contexts, ixe ans the staDi liza:i on of proper[ values, Dromotion of desirable home surroundings, anc Happiness ,~0 and embraces the orderliness of community growtn, Lod vat ue and aes thatic objeati vesll and is reasonably design- ed to /u rther the advancement of a cMmuni [y •s • social, econom- a is :nd poll ti ul unity. l2 COt1T ROL OF ADULT ENTERTAINMENT I3 Reacting to the increased availability of po rnog raDhy in the United States and at tendon[ pressures at [he community level for its con- ( trot, • number of municipal gove rumen [s have addressed the pro- ` life ratim of adult mterUinmant businesses through, among var- ious methods, land use controls. The validity of such an aDOrwch was upheld in 1976 in [he landmark decision Young v, Ane ri can Mini Theatres, Inc. 14 in ~whi ch the Court uDht 10 a Detroit zoning ortlinan ce which prohibited mote than two aduli movie theaters or ocher sexually-orient atad tots rp ri sea from locating wi chin 1000 fee[ o/ one another or certain other designated businesses. Against L' r ~ t attacks grounded in the First and Fourteenth Artendmen is to the Constitution of the United States, [he Court sustained the ordin- ance on the dual bases that: ' 1. The ordinance was a re asmable response to demonstrat- ed adverse land-use and Drope rcy value effects asso- ciate0 with sexually-oriented enterprises; and 2. the ordinance si lan ced no message or axp ression but merely placed geographic restrictions upon where Such 1 exp ressi on could occur. vhile an ¢xh ausTi ve analysis of the Youno decision is beyond the t scope of Lois discussion, the following generalized principles may be gleaned from the plurality, concurring and dissenting opinions of the Justi us. Fi ~s t, hostility to consti cucion ally prose cted speech is an jape rmistible motive. The more app+rent 1 and rational the relationship of the adult use restrictions to recognized zoning objectives, such as the prese rvatian of neigh- Dorhppds and the grouping of compatible uses, Lht greater the 1 likelihood that the res tricti one will ba upheld. • Second, even a properly motivated ordinanu will be invalidated if it unduly burdens first amendment rights. for examo le, an a ~ ordinance imposin location 1 r rt ti ont that ue so severe as n an inabi liiv to accomxodue the Present or anti- cipated nulm)er of adult bus,neftt ~n i p~w~ll cer- uinl De st ruc own. ne Yo ~a court repeatedly moo retl its ot- cision uD Ong ne trait ordinance upon the findi r.g tout numerous sites comp lYinq with the toning rsqui rumen is were t- vailable to adult bus inessat and that ehe market for sexually - explicit fa ra, viewed es an anti ty, was the rafo re "essentially unrestrained". third, ordinances which are so vague in wording and detini ti ons that a non-pornographic ent roD reneur is unclear whether he falls within its pros c ri Dtions may be violative of due Process. A vague ordinance may oDe rate to hinder free speech to rough use o` langwge so uncertain or ganerali zed as to allow the inclusion of { ~ pro tea[ed speech within it3 Drohi bi ti onf or leave an individual or L law enforcement office n with no specific guidance as eo the nature of the acts fubj act to Dunishman t. iinatly, an ordinance which authori2es the exercise of broad rmine d t ff i l e e s to ic a discretipnary power by admi nistrn ive o which adult business will be allowed to operate, especially if the exercise of such discretim is not grounMd an objective, ascertainable cri Uria, will prabab ly De disapproved as cone rary [o the pre cape that, in the First Amm~tlment •rca, "gova rnmant may ~ regula to only with narrow spacificlty". ~` r f, ~ ~. ~. (1 ` 1 Any community, Chen, which would employ its 2oni ng Dower to regulate adult uses within its jurisdiction must be Darts culariy concerned that the adoD ti ve ordinance be dengnsf rob ly motivated by and fow+d- ed on sound land use principles, it allow re ason aD le accommodation for such uses within its jars.tG;i ctian, and that it clearly define both the nature antl regu Lti ons of The use in order to avoid, io the extent possible, the need For subjects ve interpretation of each proposed use. The Voung decision has encouraged a groat amount of experimentation on the part of municipalities in an effort to prevent deterioration of [heir commercial districts and adverse im7act upon adjacent areas. The effectiveness of these Innovations will be determined by time and the legal [es [s to which they will be subje cT as this Dui loess segment establishes itself. For the [i me being, however, this decision encourages an approach in which localities have tended to control the siting of adult en- tertainment businesses on the basis of lan0 use. • • r a- ~ Conauc:ad by: . 71^\^I~G JE~AA"^~V'^ W.ay :5, .3"i CL. OF FHORIS '`:~07IICIOF ,. nausaar? ?:nine Ea::egula~ -i adui: Sufiaaaua by zvccag a chat a iacd ^se ca Lacioe :: i~u: .e:ui:s E: am :aia Earl of bwiaeaa. yj y :. ~i ardiaancza _S:augF.eu: tae na:i:n :av nave ?ravisians baud an ona of :vo basic avazxcaea :a ' canna: _: Lau cCan of adult buf iaaaau. Ona appraaca, acme tines kaavn as s _e _:r_: y:de L, divtdes az ?revenu tae caacaacza;Le^. o! adaL: bcacesus is sa a:ea. .,. cer:a:c dia:an:• !: r_ :asidancial nGinbo Dods, :. ^c~es, and sccce's is aLaa :tea:atcad. •~:Sat appe:aca, a: :Se 3vacaa Y~dai, Eaa:ra c e nncr..- :a ::an aE adui: Susinusaa in ona araa of c6e Ciey. °a La::ar ar_raaca ant ruuiuc !a cSa mra noeawzzro Arab iaea. Fa: .a uxe, . _e 3oa::e'a cxcaeeaud adui: Suaieus a:u :`rasa it coac:aL a_ rin7, '~?icaaia; :_` a;^ucs ud ddawlks, :e-avacian of a;ara E:xca, and aoan as c;cs:-_c:::r. aE a an xzk. :`.a aehaar bas aoc aElae:a! eSa SiiS auabe a! t:aaai:ia, ,:daa, and Tu+iiLaia vciei :nice piau is :Sa disr_ic:. •ia:, a: aaa :iaa, Sev Yazk City had canon»tud adult Suainua dia;ac:a. F.awva:, :a ?olice de?r:~e-: aper;ad :haz~caaa explaiaca w:a is as: C_.. aiina: ar. 7o'Lce pof ea w_:b adui: bus: •aaaa, as oppoaad :a pests v__aouc :aa.. 'aa :a?oz:a aaowd hiibaz taco of npa, :abbacy avC aaaaule. _a :ra adc_: Sts .ass cbccaac:ac:aa a:aund 'iaaa 59uara, uiaa :aa;as droapad bo ~J; is a :moo-"aa: ?a .ad, dw :a :aa Loss o_` 2.5 _aaa as aaay ncail ~oba as :aa :ue aE tae C_ , >lav '!ozk aeon d: appad Lu oriiiaal aduie Swiasu ordiaanea and adop;ad « azecd- aaa: viica van pa:caznad a!:a: tae Ca::ai: aadai. 'ba nw e:di:.acee araa wn: :a: anp ~y_aa: :San any ocSar in can nation vhaa auiiuaan wa each :a near a a__ aenooa:or_Ldi addle bwiaasaaa •ri::.ia ona year. :hua, up :a iC. aE ::.a a:±taai ar.: b uaiaauu wse caraiaacad. ~ 1 'Z- C La c`.e ?nar..lx Zor.i^.a Crdiascce an a_enCc e;tc concttni.^,~ adu is Sas'r,:.;zs b___= • • atfer_i :a on :: c•+a:bat 3, 19 ii. Lc cao is pa c:e r..ad atte: tae .L:n:c p9dL i. aria tly, ehe aeendeanc is Saetion +t7 acacas cnac; 1. Yo -du!e burinaaa to to be vichin 1,000 Eaec ci any tae !a the sar..e to ce~a ry. 3. An adult bw iaa as la aoc parnic cad within S00 Eaac of a school or a raaidan ciai zone un Laaa appravad by Cicy Court it and area residents. A Pt cl;Son uhiah la ^i;ned Dy S1, oL cha ras idenea in the S00•faoc ' radius uho do not abJaec rut ba Slad and ba va riSiad by cha ?Lanai^~ Oizae eo r. Attar cba pa eieion la comp tared cha Ci:y Cauaail ny eonaidar vatvin= ;ba S00•lsvc nqui_-aaaae. Adult buaiaaa saa ara SaiO= craaud as : lad ua. iaaua aY t.•.a!: :•!adsrsii7 ;~' ~ S3pac [a ea cha is fureundina 9ropa alas and on ad Saeanc naiihcorhaods. n:e the e:'~ Lapac:a no cad is bos cos sad ;.w torle'a diet: ie to di:ae cly :a L:ad ca Sha adult bus inns batn~ ehan, at ea aaea aebar weiaeal vaabb las '~ :'a nai~hboc- bond' Ara ebay ldaneifiab le, sad cYua • peobabla caws tar netaci•:a neijhbo:hood ruectaaa to aaarby adule bwiaaasaa? :ha Zhoanlz Ordinance wa bawd on cuo hypochaHS: i/rat, chat the;e ata di: ec; lapse cs uhieh unigw ly r•lace eo ebia a Laa et land wa; and saeaad, e`a: :Sa:a ara tadL^ae e, but pus lly pocaac, ae:ic.adinal eoaea;aa ahieb :aaul: E:z pzaciai:y to ae adult bwiaua. Wmplaa a! cha toraar ase poaaib la c: atEic tantazc:on, vnuawl hours o! opaneiea, lie:ar, aoiaa, sad criminal aceivtcy. itluaratir.c cba Lear la subauaeial eaa daoay chat has indleand :bae auoy NiZhborbood • rnidaaca dia llka liria{ sass as asaa deaulaia~ an adult bw iaaas, Also, ~' lLasnelal iaa:iNtiaw eaW aaarby dale -maiaauaa taco aeeoune ahaa aaaaeiah ''" roulc ._a'_ ~:agac;!ea. F!:a t!y, peso Le's par:cpciana of c: ivi^.a: scc.•a:r is , reiafa read Sy t ~reacar irc ide.^.ca a: at.-.uai er i_aa !n ar!sa ar ea-=.src:al disezieca con uieia~ adult buaiMaaaa. In this study :•a uy 11 show flat :flare is a ca lacianahip bar-aaa attests far aaxwl criaeta and loeaeiena o[ adult bus Laaaaaa. I1is re lacian ui!1 care lace +i ch concerns which bin bean es:pcasaad Sy raaidao ca of nearby reaideneSal nat:hbor- hoods of ae nature of erloaa asaetia:ed Kch adult buainauas. Sax er'~u appear ce {enarace aubaeaaei+l Cuta far the uEacy of children, wewn, and uiihbochoods in jsnarai. Shair aasoeiacien K:h adult hwiweasaa paeracas rteptiva iapae (aa wll as nal er prcenKal harardq and rawlca Ea a Lnwrla: oL chs Caairabt L':y and Livabi li 7 a1 a¢ iapac:ed eei=hberhoed. ~. :his study spaeifiull7 sheva thae ehen La a hi~har aouoc eC q: o[Lmua ` caeaic:ad u naithborhsoda in 7howix eaaeaislnf adult hwtaasaaa as apposed :a nai=hberhaods Keheue ChM. ja Chic feo Jaee C4rae aeul7 asau~ wn eheaea -- nei=lborn. Keh adult businaasn, and ehru emc:el srua -- asi~hberhaeda ut soot aduL- bwinus ahieb wn paire6 co uruia ppula Bien and lud we eharseurisciea. Ile anounc of preprc7 eriaaa, Kalmt ears, and sax otfmus Lra~ the p-r 1!i! are eaopa: ad 1a uch study and cantrel ~ana. Sf1E SICCY A;7D CO.YIIt01 AR:15 !brae di!farmc aevd7 erne eonuinia= aline bwLuasea wza uluead co collect ~eriea dau. Sou auc aide eL Cagral Avenue w eheun !nr the lxsaea of evo acud7 areas, chi la the wse aide 6aa the third arud7 aru. Appendix j Que:1Su a aen deuilad yraetsa aL hou uch seu47 aru ues derived. coacsel area ties no adult busiuas, hue yenetall7 apeeldh~, !ua aiai lar popula- elea eheruuris[iea aL • rcehed atud7 eree L Nsu s1: t L. :;uar aE reside^.ca 2. Yadian faa ly Lnexa 7. hrcaaca;: e! nan•uhi:• popula eon . 4, wdian ape of cha popwacian S. Nrcen ca;e eL d•+s llinq cn ici luilc aten 1950 6. hreencaga oL acraaza wad eesidancla lly and non-raaidaa:~ Apgaad ix LI seacu a ewra detailed prat:aa eE how each eane:a! a:: Adu t: Aus inaaa lou ciees era oasad on iafa r~a:ion °~.3is.`.ad 5y cis Oaparoaoc aad vari Llad Sy the ?Saoalna Dapar::an:. t • -s- • raaiil I rrcs s-ros ANO co~lROt AREA *~u**_oNs SNO! A11F.1 I looaavalt Sczaac Oak Stsaac 16 ch Stzeat 72nd Seraat CONTROL ARFA I 54rria~ ac 47th Awnw, aaat oa Oabon Saad, South ea 35th 1wnw, vent on 2nomaa Soad, South on 39th Awnw, Rsac oa Soosevelt Se.ae: North oa 47rd Awnw, .ant oa ~Oove 11 .toad, and North oa 4ich Aveaw, co the ?Dine o: bafiaaiat. S:L~Y A,U II Nit Stzaet - Osbern Soad 32nd Straat - LOtR SC:NC S:CDY AilL1 iII . Ylaaeuri Awaw - Car:pball Aveaw Uch Awnw - 27th Awnw CONT.IOL AA: ~ II Oabara Eoad - Ca~-ba 11 Avenue 32nd Straac •404 Scraac CST~OL Altrl -II yitaouri Awaw Cae?ball Avsaua 27th Awnw - ]S eh Awnua 71~era 1, fa lloutia{ ahova cha bouadariaa of eha ehraa atud~ and aanerai a:ua. I l i l l !i I i_LI I I i i ~ i ~ I i ~ _ I _ I _I .~ •~ ' ~t Nf •I f IN I~~ ` , ~'~ [Klt tit! I 1 I I I I I i ji I I I ~I _i ! I I ' I I 1 1 I . a... i fI(L IKM1I.. ~~„[~ I I na w>Ni'\~nr. ~•» ~~ ' ~' ~ I I• I ~I I N I 1 1 1 1 I 1~• ~~S I ' t r~ , 3 I • I I la.l~ tK.IN ' ~ •• / I I I I I I I I 1 I~_ ~.a.,~ '~ •~ I I I I ( I I ` I I ~ ~ I ....I ~.I I 1 ~~r~~.. :~~ :i f i 'I i~ .. t !~ . I{ ~ I I ti~ ~ .n ...~. •1 c~ I ~I it I ! 'I ~ it •i ~I I ~I. .. ... ~,. ~ , ~ ~ sl I ~~ it ~~:; ...,, ~^.I .^ I T:/~n~Ia.. C' I I I .I I~ f' i I J I ~ ~ ~ , .. ~ • .... «: I .~. • Stud! Atsa ! can:a!CS ::o sy.o:e _ilca a-3 or.a aL :ic CL:?'s la ;:: c_aczara• :tiara ai adult bua!at ssea. Zest !acs sans are: CiOZ :. :;c Ozva!1 2:ad; 2339 =. ' ikDaualt lead; ?=33 £. >;c Da.e LI Zwd, and )137 :. :!cDO•=e': Raad. T!ta acchia, poputa Cnn ehs:auatiaeiea oL Study tnd Coae:el Area 1 art lia cad ha Lou is table LI. (A7ps.:di ~ L?Z peo~:ides a sort detailed pracaas of hev this Cau -as deri': ed.) TAaL IZ ?0?L^.A::O:t C.ie1Z:C:Z'IST:CS CF S1~JY +:ID CO:.TAOL Ad:A I aulLdin3/ ;ydiart Z 'ion-i,Tica USO-19)0 neoeu Aa~a~ S curly I 24; 3~ j7,6i5 29 97Z 9 6!S °6 Lard Css Car._.atc!a!/taa!daac!a: SL» d9: Conc:ol I 2+Z i _ 78i 52: ~ The only subacaacial populaeion etAnccaciatie dlitsnaeaa is ciast :+o acaas a:• la W a`a a! hears bull: bariaan 1970 and 1970. tha eoneaat:a:ad ad;:t: businaas dia:-ic: has a licaa Bust halt of iea hears built al:ae 1950. ;Meteas :ht areval area has a'lasc 97ti of Lea heuaia{ built altar 1950. Study Arta ti Sa a+e sgwra mi la oa tha nu aide of eha Clay, aad ean:aina only eoe adult bualaaas vithia cht aqw;a a11e, ac ]640 Laac Thoara toad. *_:s eaet-ol ataa is to cha Berth alda of tha Study Ana. Tha eootparisoa oL populadoa ehaseeariades ata show io table IiI. y _7_ TAg_ ?* C 90?'.°.:TLCt; C~+.~-LSTICS 0? g-:'OY A:~ gui ld ia:/ :radian Son-'.'hi:a 1950-1970 Incoee A:a SCUdy I? 7-= 58.0 gL0,779 26 Cane:ol II ~•~ 92.3 g12 ,OL7 28 Iand L'se Car-.2 LC is Li taa :~t~C13. IS; 32" 11~ 39". geudy Aran III also canealo: on• adu1: business ae 210] G. Coma Lback toad. *; Ls ene squats -i le Located on cha wac dde of the Cicy. Iu Grc:nl Ares is d_cac: L? co the wac. Ths easrpa tifen eL popula ciao eha taceatiaeiea ar• aho+m .e Loud • i1gLT NN ' !0!^r1-?C:. CF.1L1C°?~:?CS ne tix A::D CC:.~3SCC Ai:1 IIi . ~uildie~/ !ldian ;std ~JSa ,.` son-Mhi:• 1950-t9i0 eae A~~ C.«~.ai_La tr3eaideat5ai Se•:dy ? 8.2 S3~ i9,t29 29 29: 7i, caner! .II e.e 9]: 10,3!7 27 25Z 72: ~~ C M y G g- ~` U • M C n C s= ~_ ~~ s YI r a .~ e ~ g~ .~i w ~ • ~ . i ~ ~Im t ya ~ < f r~ ~" ri psi Q ~b `<°g ~' ~ K -r N ~ Q V •. ~~ ..$ Q < d ~ t O i t ~ e t C 8 ~~ ~~ • Y. O I'1 O J n 4 H J ~• A N N h b n = N a _ N N O N N ~ n n n N V P Iy r ^ ~ N O J N N ~ N ~ w N ri N n V .. N ~ ~ o ~ ~ n N O ~ r n J I: e n .• N n . n N ~ n ~ O N w N ~T .~. w R '~ v e °o ~ f1 O n .Vp ~ N V O ~ e r .n. r ~ R ~ N J ~ r Y L L Z • T ~ • to Y s~ • . wo Z i L L` ~ ~ ~~ • L . tl • H a r ~ t Y i Y fit Y { Y s i V • r V ~ f • Y • Y ~ I, f. A Y Y Y ~ Y ~ O f f • r ~ k Y i i J O Y i E O e ; i' z -3- CT.:C;.::SLC::S • :ab :e '. >:ver:v, 7:o :e.^.c, and Sex C:`_-ts !- -at :ey ed Sr•sd•: I:cas--:?-31 Ls a Cabula clon of :h• n~bet of crL-es eoeoicced and ehe Lace of chose cr!aes pt: 1,000 poop le li~rin~ Ln esch area. ibis table la on the fo iLovin; pa:e. Shen appears eo be a fib ifieane ly 7reacer dif fe r:oca be c:•eea ciu study and eon rraL areas :or sea a oes than far el char propc try oz vio le.^.c c:i.es. The to LlovinS cable lilus;races a comparison of ehe :arid of ehe er i::r race of :he study area co the con:: o1 area; 2AD Cc VL , CICI.`rt_'L1T:5 AS A pSRC=YTAO£ OF S2SJDY AA :1 '0 CO:R[OL Ay.A S cudy Trope rey vto lent ~ St: Sar C: L-es Area Crieu Cr~-.e + r`es `rde<e-..• rh •rt~ ' I 147: ~ 1441, 111SZ SSd~ • ~~~ ZI 177 6] I77 160 III 108 ~ 86 403 178 Avarare I 14T1 I 104: I 6062 I 23r Sc la ebu:vad chat char. ara above 40Z sera properq eases aed about cha save an of v!o leas eri::cs per 1,000 persona 1n the Study Arua as enmpared re :ha Cen crol Areas. On the echar hand chars L an avara8a of sia: daaa tha acs e: L-e rata in :ht S endy Arus u ewparad vi eh eba Coacsol Areas. Alehoufh cha su jorlcy of sea da rived tree iatoraa eien yravKdad by cha OSn of Ehxniz pollee Oepareaane'a Ori~ Aoa lyaia Onit sad tLmie{ and tauareb luraau. I'he dau tree CMaa cw ueelon . wa eesryllN by addinf ehe nvbar by eypa aE erdaaa eaaaleead is po lien /rids, uhlch ara ~uarcar ss1L nai/hbarbeeda. Odra ara based w arras: rnsrda and do not ntlac a lciru eanvKetieaa. Lt has Mae uas~ad that, ewKedon neu Kll be pnportlow/ to arras: taco. _ ~(- ---~ - ~- -_... __. _9. ~__ erixea asa Ladacanc Exposure, cha tourcb coluom Lllua cza tea c.4a: :^! tel iedar K of Chs sex criaaa oleo ashiblt a sigaitieaaely higher rata in the scado areas. ~~ 1 da roe tiw~troa c!u po lien daparrmanc orated chat moat iadecenc exposure c: des wre eoaaie cad oa adult hnsine sa pradaea, as azavp le of this fiediag La is Study Araa Z. In that location, g9Z of cha reported indaeaae er,~osure ct•=as wre eavaitead at cha addressee of adult bwineaan. Ghera there is a caneaet:aei as of adule husiassses, such as is Scudv nrta :, tae di_`t a:anee is aa: eftaasa rates !a Host aigaitieane. Aa a:a ud ear liar is :ae :epor; Sic location hta !our adnlc bwiaeasaa uhlab era lase clan 1000 tact aia;• to unh other and Lea elan S00 face swy tree a nsidanciai disc"tGa. =`.e:e is aLo a hither auebe: o! asz attanau camiecad--ga aoea e:•ses tlaa is 5: ) Araa ~ 'IZ, sad SG sera csL-aa elan is Seudy Araa I12. Stni:a: ly, i+..aa caepara: :a la Control -: n, cha sax erica ra ea, par 1,000 rnidaosn La ovr. 1::~u as i:est a Scady area Z. Ta cha rae~irlag study ones, vhieh each can caia a ai:.g'_a .dolt business, their roue era four and aisese three elnaa as g:ea c. -c3Td3 LCSi_~_:~ OF 3Tr'-~' A?.'. 301::DA1 i$ iht ~zo«ss of de finlni the Study A:ea Sou.^.daries .aa eonducce~ ?.. cht f~l1o•-:n~ eanne r: 1. Louciona of adult bovine:ras in Phoa.iix -ere plotted. 2. Tht prinary eoncencn cion of adult boa inaasea ~s idancitiad. J. pra llaL~ary dtciaton vat made to ehoosa ehrte study areas based on content:}cioa and lea=raphic Lao lacion frm tack oche t. 4. .a cab liahaenc of bounds riu foc ueh Study Aru so Ohac the adult 6ualnaasa• acct agpzaaimace!y etncartd in ueh scaly area, ud ao chat tuh :curly lsu bad an aru et ac Laae ona agwrt ale, bu: not aoct Chat too agwra Hilo. . ~ Arr_:m~ :I ps.Aalirnu:r, of u:frR01 Aau aoD:fDA.ez.*s TSs pneeaa of datiniaf eht Coe ezol Aru beundariu ova canducted i.. :.`.• to 1le.~r.i aunaar: 1. Idaacitiucion o! poun~ial cancrol anu baud oa pha abaaru of adult Owiusaaa.~ 2. De lino tits of pouib la Coacsel Ana tgwl in tin co eba Study Arua. 1. Decarvins clot of population ud Lnd we eLarae:eY ac!ea at taeh posaib le eaoerol ant wind the ur wi=head-pragarriouliq and ehod wad tar eha Study Anu (Sam Appaadiz III for tapuLciu Waraenriul~:a tad nachod- olo{y). 4. Stltetioa of a Coacrol Aru eo Hatch ueh Study Ana, a aloely as • gauib tt !a aiu, suaibtr of naYdaart, tad all oeMr uUead ebaneur- s iaclw liacad La Agpaadis III. d?F:~L:: LLi l :~'Ti!000 ~! OF ==i0iv: rig, ~T ~=~~.~ Oa..a •.r-ra-~ -~~ OF S^7t'.•d;;D 00:SZOL AS.r:S _ _ the cha:acee asaca used in wl;hcia; the ai:i!ari ass becxeea cSt ?:cdy as"_ Conc:ol areas ue re: 1. Parcanea;e non-:~hiee popu!aclon i. Pe:cen ca;e of dva!!ing unica bui le since 1950 3. Wdian incoca +. :ted inn a;e of the papu'_a cion S. Percenca;e of ac:aa;a uaed raf idea cta!!y Intorna eiart aboue u4a above eMrieuria den at+ availab4 ae uha Cancun teat: '.o:a L. SLnu cha Sendy Ataa beundarlu did aoe s1•Aya ali$r. sri:h Canads T:ac: Sour-a:isa, c_ weaaury ro "avs:a;a" Gww Ttaee valwa to siauUa e.•.a e`a:ae.e:ia:ica a? :as Scady Atsaa. Ths ena c, ibutiaa oL a+eh Catuw T:aec rharac arise: •+a :na as .:3:ra- . a-cieaLly usi;had, pcopordon+L ro cha /mauae of popu laden :asc :he tarws tr___ eear_ibutad eo cha Study Araa popu iacloa. 2lmbat S, or :ha pa:os^.ca;a a: ae: sage •cae. sasidaadaL2y, aaa aecabuad propnteionally co cha ;ao;caphic a:u :a c'.:a: :htn ca popu 2acioa. The uai;hero; of ueh Seudy acd Conetol Ataa it eabulacad in :`e Ea C!avia2 :aS 2e: ~.~ l Y v • C Y ~ Y ~ O ~ Y q e u K ~ e • c K ~ w C ~ . 7y S 'L W nlt V ~I~ G t ~IC ~ s~ G~,F€., YC w ~ ~~ ~ ~ r~ ~= K= w C r O C y . t a s n' N ur 1 M O O R m N J M O P N N N 9 Jm mmNN ovrNU no Pm ~m ~ ~ os N O n r ~.O n N P N O O n I 7 n J N'1NN NNNNN nn N N ~ IVrv ~ ~ .~ r ~ ~ C ~ V=NP PON N ~J 'Q r '~^ ~ a ~ n v P PNn~n ~v a ' ~ . v.N M r p pp pp I p V N K V P O 6~ P n m P P T 0 0~ 1 P P N N O O O P n P P L n N N m pp O V N ~ V N NIYn ~ 1~~0 nm ~ ~r =I • e .n=nN w Nnr ~ wl+ ~ n rv~ e z CITY OF AUS TjN, TEXFS TABLE OF CON1II7I5 Introduction Summery of Existing iteseareh A. Indianapolis 8. Los Angeles C. Other related studies Adult Oriented Businesses in Austin A. -Location of Bloating Businesses B. [valuation of Adult Business Ispaets C. Trade Aren Claracteristics Conclusions Appendix LIST OF TABLES i MPS Table 1 Effect of Adult Businesses an Property ~ Values (Indianapolis, Lid.) Table 2 Existing Adult Oriented BusiM[Ns Table 3 Study Areas Table ~ Population CaraeGristics Table 5 Existing Land Use Table 6 Average Annual Crime Bates Table 7 Average Anmal Crime Mtes - Combined Table 8 EfUM of Adult B~uinasaec on Property values for Austin, 1lxas Table 9 Effect of Coawrcial Businesses on Besidmtial Property Values in Austin, Texas Table to Location of Observed Customers Map 1 Existing Adult Businesses Locations -~- Map 2 Study Area 1 Map 3 Control Ana 1 Pege LIST OF TABLES G MAPS • (continued) Mep < Study Area 2 Map 5 Control Area 2 Map 6 Study Aces 3 Msp 7 Control Area 3 Map 8 Study ArN ~ Mep 9 ~COnt[O1 Area ~ Map 10 Adult Businen Trade Area - SoutASide flews Map 11 Adult suainesa Trade Area - Cinea Nest Map 12 Molt >Alainess Trade Kea - Yellw Moae • i t7D:w^.IVE SCPAIARY 'thic report provides factual basis for the developaen[ of a new ordinance regulating Adult Oriented Businesses. Austin's current ordinance has been permanently enjoined from being enforced in Jamwry 19BY, when Taurus t]rterprises sued the City over a "Code Violation Notice" issued by the Building Inspection Department. The first portion of the study includes a wary of existing research concerning the ia~aet of adult businesses. The results of these studies contained similar findings -that crime rater were higher and property values lower rear adult oriented businesses. Currently, Austin hoc 19 adult oriented businesses, cronsisting prirrily of bookstozec, theaters, rssage parlors, and topless bars. Twenty-eight of these businesses ere rnncentrated in groupings of two or more, Generally, these businesses ace located along arterials on or between Lour Blvd. a[d I.B. 35. M analysis o£ arise rate: wss conducted by comparing areas with adult businessec (ctudy areas) to azeu without adult businesses (control areas). Both control and study areas are ei rtvlar in shape with ^ 1000 loot radius, eantsin siaiUr lard uses, and are in close proxisi ty to one arother. !wr study areas were defined, tw with single business and two with sore then one busircss. NitAin the study areas, sex-related crimes were found to be from two to nearly five tins the city-wide average. ~ Sex rslsted erir rates were found to be 66t higher in study areas with tw businesses when cospared to study areac rith only one busircss. a35l5S in order to ~s the ispact of adult busirccses on property values, questionnaires were riled to 120 fins cepresentinq real estate appraisers and lerxk!rs. rorty-five percent resprnsied to the questiotmaire. Wght-eight percent o! thou nspanding indicated a belief that an sdult bookstore would decrease residential property located within one block. and 591 felt that residential property values would decrease within three blocks. the nspordmts based their opinions on several factors.. 17fey rood Slut arA+lt busircases rde hors leas attractive to families, thus lowering demand and property values. Others crated that the existence of adult businesses leads anrtgage underwriters to believe that the neighborhood is in decline, thus tusking financing difficult. In order to sake appropriate [ecoeercLtions for assigment of adult busircsrs to specific xane dictriets, a study of their trade area chacactecisties ws eaductad. 4hree adult businesses - a bookstore, theater quid a topless bsr were exasined to deteieirc the location of customers. An observation of vehicle license numbers war conducted to determine customer addresses. Of the B1 observations mde, only [Area where located witlihin a one mile radius of the adult butircss. Nearly half 136 out of 82) were located wtside the City oL Austin. Given these firclings, it is rec~erded tAat adult 6usinetps be lidtrad to highway or re9imally-oriented xau distrfets. s ~ 1.1NfRODUCfICN As is the case in me^Y large American cities, Austin has witnessed a rapid rise in the number and type of adult mtertairsnt businesus over the pest decade. These businesses presort a pert![ular problem due, in part, to the moral iaplications sssociated with these enterpriuc in the girds of ~Y ambeis of the cosmanity. The proliferation of these es[ablishaents and the alleged detrimental effects of these businesses upon surrounding neighborhoods has been the focus of r.-~.,.:[y attention for quits son tin. This attention has resulted in nurrous requects for the City of Austin io regulate then establishments. The regulation of adult mtertairent businesus is a eontroversisl utter. While the lsgal end ronstitutional basis for amicipalities to control the use of lard within their jurisdictions in order to protect the "public health, rfety, mocals, and general welfare of tbeir citizens" has been flnaly establishsd, the Sopron Court has upheld the tight of adult enurtairmrnt buinesrs m operate in the to..mity by virtue of tJr First and FaurteentA Arrdrnu of the Cmnstituticn. 1Mwlvinq the eenflicts between the legal rights of rmnicipal goverrenu and those of adult bwiness operators and patrons bas ben a diffinilt task. the regulation of adult businesses has taken a variety of forms in ~ cities thrnughout Arrip. bston, Masrchurctf, for exaegrle, hss adopted an ordinance that nstri ets all adult butinesre to a single geographic err known as the 'Caebet Ear". In contrast to the baton apprwch that r.~centrates then businesus. Detroit, Michrgan eructed an ordinance intended to disperr adult businesus. Thic ordiruna, pessad in 1973, prohibited adult mterwiramt businesus within 500 frt of • residential area or within 1000 fri of arty two other regulated uus. Sire term regulated use applied to a varisty of businare, including adult ttraters, adult bookstores, cabarets, Fart, taxi dance fulls, and hotels. A[ this fir, only Seaf~e and xentanr Washington have ordinanns similar in rutute to tlr bstan ordinance aimed at eoncentrsting adult busine"us. Several cities have, however, adopted regulatiau similar to Nose eructed !n Detroit gird at dispersing adult mtertainrnt businesrs. The Detroit ozdinaree at legally challenged and ultirtely upheld try tlr Suprer Court in 1976. This court case, known r Y~ -v- Arrimn Mini 4raters.~ Int., now serves u tlr prirry eqe pre nt raga[ ng use of zoning powers to regulate adult mtertainaent business. In Y g, Nr Suprnr Cwrt held that "even though the. First Arrl~eene pcotects comemiutian in thie area (sexually explicit activities) free total supprrsicn, we hold the Stag maY legitirtely uu the contort of then rterials as a basis for plat}ng tiro in a dilfermt dassifieation from other movie tMaGrs" . t n .~ 'the plurality opinion for this court case set out three First Arcdment ericetia that ordinances cequlating adult entertainment businesses must satisfy in order to he constituiioMlly upheld. 1. Regulations oust 6e motivated not beceuN of a distaste for the speech itself but by a desire to eliminate its adverN effects. 2. Properly motivated legislation may be rmconstitutioml if it severely restricts Pi rst Amendment rights. 3. A properly ao[ivated ordinance with only a limited impact on free expression amy be uneonctitutioMl if the municipality cannot demonstcate an adequate factual basic for its conclusion that the ordinance will eeeomplis~ its object of elimiMting the adverse affect of adult businesses . 'lhe limitations estsblishad by L11eN criteria are bast illustrated by aMlysic ~f the iwalidatian of Atlanta, Georgia's Adult Fhteroznment OrdiMno 'ltric ordiMnee prohibited adult entertainment businesses from looting within 1000 feet of any o.her such use, within 500 feet of my residential coning district, or within 500 feet of arty church oz place used far religious wcship. the ordirunee alto cascricted all nw adult enterLirsent businesses to three coning districts. She • At1anL ozdinanc further required tM as»rtiutim of certain existing businesses. ~ Although factunl evidence was presented in support of Atlanta•s ' ordinance, the Suprer court found Uat the ordiMnee violated the Lirst tw criuria cited in Yam She court first found evideno of en ispcopec motive in enacting the ordiynce. nirmtes of a zoning LN1M bo-rtl meeting indicted that the bwrd mould help citizens oPPaNd to tM conduct Of adult busiMaNC to "zone then WL Of business". At the rating an assittant city attorney indicted that the proposed ordinance ws the "strongest vehicle toward eliaiMCivn" of tMN businesses and the city wN "hoping for easplete eradicatiai" of alt businesses. Stu court also found that the lactional restrictions of the ordinantt mould significantly reduce and possibly elimiMte public access to adult businesses, She court had ruled in Y that pornogcephy caning is ConstiWtional v$ly if "the rrket or this cceodity is essentially unrtsiraitud" Stye locational restrictions and acrtization requi remmts in Atlanta were deemed too swan • restriction on tM Eizst Amendment rights of adult buslneesea. SM City of Austin first enaeeed an ordinance regulating adult entertairasnt busiresses on nay 22, 1980. ' Stmn known es the Sexwlly Oriented- Ca~ereial Establishetnts Ordinance, it wet eamrded dune 2, 1900 and codified into Chapter d5 of the Austin City Code of 1967. Shis ordinano was .transferred from Chapter d5 to Ctupter 13-1, "Zoning", in the Austin City Cade of 1981. Effective January 1, 1985, the provisions of this oidinantt became pert of CNpter 13-2a, Section e350, "Revised Zoning MgulatioM". ~. On Octobec, 25, 1983, a lawsuit vas filed attacking the validity of the Sexually Oriented Commercial Fstablickeents Ozdinence. 'fie lawsuit was filed after the Building I~upection Department icsued a "Code Violation. Notice" for en adult bookstore located et 8004 Research 81W. 'this violation notice was filed beeawe the bookstore was located within 1000 feet of property zoned and used for residential purposes. the suit disputed the city's assertion of harm to be prevented at that pertitvlar locatiai. Cn January 10, 1985, a trial vas held. Although the Court vas unable to make a factual finding m the wlidity of the city's assertion it permmuntly enjoi~xsd CM City of Austin from enforcing the ordinence at that location. JSthagh the court did not declare the ocdinsnce ~uicafstitutional, the City of Austin eurrmtly larks en ordinenee regulating adult entertairnent businesses that cm be effectively enfocced. Tlurefore, it is the purpose of this study to objeeuvely evalusu the impaeu of adult enurtaineent businesses on the surrounding neighborhoods and to formulate appropczace requlauons 6ase9 m these findings. II. SIA7IARY OF ExISTING RESFJII[R Stn enalysls of esisting ressareh cauerning the ispeet of adult enuruinrmt husLktsses m surrounding neighborhoods will help • establish en appropriate ow+uxi forevaluatinq the lepers of adult businesses in Austin. Stye incidence of case and property value appreciation are the two faetOTi malt CO-Only confiderld io be negatively ispcted by adult enteruirwnt businesses. Studies oorducted in Indianapolis, Indiana, Los Angeles, California, and several oLlur cities provide a pertinent overview of the Sapets of a adult businesses an suicomditg properties. Indianapolis. Indians On February, 19BA, the Divisisn of Flaming in IMfenapOlis published a report titled Adult E1fUruineent eusineases in udianapolls: An Anal is. Ibis. report can the re to o an ev vauan of the ~iepact of adult business upon the surrounding area in ters+s of crime taus aM reel eataG values. Ineidmte of Cries wthod~.ogy Stu Indianapolis study assessed tM imQaet of adult enteruinset+t bsinesses on etime rotas Dy rewacMing six areas cafuining adult busirrates~and six similar areas containing no adult buslneues. J The six Study Areas were selected from amcng Ne forty Nree adult business locations existing at Ne inttption of the study. Tfie critezia used to select Ne Study trees were their zoning mix, population size, and the relative age of their housing stock. The Control ueas (having no adult tnrsinesses) were d:ocen a: the Casts of their proximate location to the Study ueas aM theSr similarity in terns of populntion cize and zoning euz. The Study ueas were further differentiated in terms of their zoning aux. In two Study treat Ne zoning mix indicated a predoeurantly residential chanctec. Two Study areas eonained s substantial portion of their lard use in ragicnal, taeerciel uses. Tne tw retaining Study ueas had s high percentage of nddential wing but alto had a significant proportion of cegianally arfented oomeercial zoning. 111 Study a:d Control ueas were cirtvlac in crape wiN e 1000 foot radius. The IMianepolis sndy evaluted stirs in the Study and Control Areas for the years 1970 Nrough 1902. The study compiled all reported incidents to which police vacs dispatetad. Ttaae data were assembled into two groups: wjot Crirc and sex-Aeleted Ccirs. wjor Crises included Ccimiral Somieidt, Rape, Sobbery, rygravated Assault, Sesidenn a:d Non-Sesidsnn Burglary„ Lrnny, and vehicle IT:eft. • 'sex-Belated Crirs included Saps, Itdeeent Esposure, Obscene Conduct, Child lglestatian, Adult rbleststion, and Caseceial sax. ~ Msulta The evaluation Loud that for DoN the Study and Control Areas, Ne rate of rjor airs was higher ttan the cornspadinq rate for Ne Indianapolis Colin niatrict as a whole. 1Ta avenge am:ual cote for major crirs in tM Study ueu was 33 percent higher than the cornspading cote in tM Control ueas. Ccaparitan of the rates for sax-related stirs i:diuted a considerably larger difference between the Study aed Control ue-s. 1Te average a:u+wl tea for sex-related erirt in the Study uea was 77 percent higher than the sot responding ran in the Control uea. TM study elao fond a strong eonelaiion between the ttis fteq:rr:ey and the residential ctaracter of Ne study errs. Cris cotes were 56 pereeat. higher in ptedainantly nsidsntisl areas flan in Predaminntly~c°csmeccisi areas. Tfie study found a more a~va difference regarding wx-related erirc. Sex-related stirs occurred four tits sore frerPantly ir. predominantly residential areas Nsn in scans that were substantially cceaeccial in nature. r Real Estate Facts • Methodology i?te Indianapolic report also evalwted the iepaet of adult businesses m property valves. 1rie report apprcaehed the evalwtim from tw perspectives. TM first approach cogxred the residential property appreciatim rates of the Study Areas to thou of the Central Areas and to a larger geographical Brea that included the Study and Cmtrol Arens. if~e seeord approach wrveyed professional real estate appraisers to establish a "best professional opinion" regarding the srket effect of adult businesses m wrrounding lard values.' 'fhe first part of the evalwtim exaained three sources in the usessment of residential property appreeiatim. these sources were: the Indianapolis Residential Multiple Listing SuatDaries of the Metropolitan Srdianspolis Board of Maltors; 1980 Census Dau: and the annwl larding inciitutim sutesnes required by the Federal Ras Ibrtgage Diselowre Act. ifs setoM pr't of tM evalwtion solicitetl the opinions of aesbers of the AYriun Institute of Real Estate Appraiaera (AIAG1. Ifs wrvey saaple vas drawn at tw levels. A 20 percent randaa saeple of AIRU aeabecs fro• acrou Ne natrm ws oonstnxted. A 100 percent sasple of profusimal appraisers ri th the Mn2 IMerbers Appraisal Institute) daaignatim, who practicM in the 22 Metropolitan 3utistieal Areas sidlaz in site to Indiarapolis, was . oogriled. the wavy gwstimnaire Ns fozaulated to solicit inforantim canorning the effect of adult businesws m residential and a®ercial property looted within one to three blocks of the 6usirrss site. Resulu The report sdopted tM following conclusions regarding the appreeiatim of residential properties. First, residential properties rtthin the Study Areu appreciated at only am-half the rau of the Cmtrol Ares and as-third the race of Cmur lUwnship (reprasmtinq the performance of tM srket at a broader sole). Seemd, while residential listing activity declined 52 percent in the Cmttol Areas and SO percent in Cenur ibrnship, in the Study Area listings incnaud 0 perewt. ifre report famd Lhat "trice tM expeted nmMr of houses ware placad m the sfrket at substantially lower pries then world M esgeted had the Study Area real estate msrket pecforaed typically for the pera~d of tfaa in questlm". the tabulated results of the professional apprsiur wrvey err depicted in Table 1. Frm [MSc results, CM report concluded that: 1. the large majority of appraiurs felt tNt [Mze is a negative tapact m residential and eoaweceial property wlues rithln ono block of an adult bookstore. S 2. 7'he negative lmipact decreased mrkedly with distance from the adult bookstore. Ft a distance of Nree blocks Ue negative i~nct was judged by eppznisers to be less than half that when compared to a distance of one block. 3. Ifie mjority felt that the negative iapact was greater for residential properties than for commercial properties. '1T;e Indianapolis appraiser survey included a question designed to help establish the basis for their opinions regarding the degree Co which adult businesses affect property valves in general. rilanst 90 percent of those nsporbing to the survey provided responses to this question. In the ~natiortal survey, 29 percent saw 1ltile or no effect on surrrnmbing property valves resulting from adult businesses. Tfiey licted as a beets their professional experience; tM observauan that this use generally occurs in alresdy deteriorated neighborhoods; and tM feeling that the effect of only orre adult bustness would be iriconsequentitl. Qx half of the resporbents projected a substantial to moderate negative ispact an surrounding property values. their responses were hued m tM feeling: that adult businesses attract "undesirables" to • the neighborhood; that adult businesses crate a bad ieage of the aruf and tNt Uiis type of use offends the prwailing eaearnrty attitudes thus discouraging tiomebuyers orb. ~vstoeecs from frequenting ~ the area, twenty prcent of the resporbenu indicated that the potential iapact an surramding property values ors contingent on wrtain variables. Many felt the impart would be contingent on the existing property values in the aru orb the subjective value o£ area tesidentt. Sow felt tlut developmrnt standards controlling facade and signsge would detertine the degree of iopaet, while others irdiuted Uut the nature of the existing eoa•ereial arcs and its buffering capacity u the asst iapoctant factor influencing the iapact on suzraadinq Property values. 11u MSA NIVey results cloxly paralleled those of the national survey, 1VO additional responses are rotewrihy. First, come nsparrdents indicating a substantial to roderate negative Sepaet based their opinion an the feeling that such vas pceeipitate deellne and discourage SRrovements in the aces. Second, srne respondents felt that the ~M on property values ns contingent an whether or not it was likely tlut otMr adult buinesus world bs attracted to the area. Los Mellee, California On June, 1977 the Deparinant of City Planning of tM Uty of ias Mgeles pu6lialxd a report titled Stud_y__of the Cffecta of Adult fhterteirwmt Latablishments in the Cie of Los M Tes. "I~ie study nc s an w cation o ispset o t messes m Goth crime rtes art praeety values. ` Ircidentt of Crime • Methodology 1fie City's study evaluated the impact of adult businesses on criminal activity by coeparing crime rates in Hollywood to crime rates ciiy- wide. Hollywood was selected es a study area beeeufe of its high Lcncentration of adult businesses. the study focused on the years 1%9 to 1975, during which tine adult businesses in Hollywood proliterated from 11 to 88 establishments. Hecults 'rtie City's study annitored treads in Part I crimes. ?art 1 crimes are those criminal arts which most severely effeM [Mir vi etims. 1T~ey include homicide, Cape, aggravated assault, cobbery, burglary, larttcry, and vehicle theft. 1'}ro number of reported incidents of Pazt 1 arises in the lollywood ana incrnsed 7.6 preen[ frog 1969 to 1975. 1f;is was nearlp double the citywide average inereau of 4.2 proent for tM same tis period. 11»s report also annitored Psrt I crirc cc~itted against ^ person (u apposed to those canutted against Property) a'd feed that tMy increased at a higMr roan rwrage me in the Hollywood Ara. Street robberies aid pure anatehings, where in the victims were di nctly accosted by their . assailant, increased by 93.7 prcent aid 51.4 percent, respectively; t caaparad to the city wide average increue of 25.6 preen[ and 36.a prc~nt. 'W inecease !n arrests for Part II crimes indiuted an alarming differential between the Hollywood aru std the city as a whole. Arrests for these airs ineruted 45.5 percent in the Hollywood area but only 3.4 percent city wide. P:ostitutlon arnsn in the Fbllyvood one increased at • me 15 tree greater Lhen the city average. lhile tM city slfolwd a 24.5 percent inereate, prostitution arrests in Hollywood increased 372.3 percent. In 1969, arrests for prostitution in the Hollywood am accounted for ally IS percent of the city total; however, by 1975'tMy accented for over 57 prcent of the tool. in the iollywood aru predating arrests increased by 475 pcwnt, which was 3 1/t times greater than CM city wide avenge. In 1%9 pandering struts in the Hollywood area accented for 19 pram[ of CM city total. sy 1975, the abate had increased to 46.9 prcent. the ws 1ingeles Police Department SMreased [Mir eaployment of polio prsonnel at a substantislly higher rate in tM lbllywocd area in response to !!u surge in arise. 1M report eaphasized that sexually-oriented Eusinass either contrfbuted to or were directly responsible for the crime problems in tM Hollywood area. • ~^ Reel Estate imcacts Methodology The study prepared by the City of Los Angeles utilized a tw point approach in evaluating the iaq»et of adult businesses on surrounding property valuec. the primry approach soughs to establish, the impact m property valves by monitoring changes in assesud value from 1970 to :976 £or selected areas having concentrations of adult businesses and for appropriate control areac. The report selected five study areac containing 1 to 12 adult mteztainment businesses. Three study areac were in Hollywood ud the other two were in the San Fecrwsio valley. ~twr control areas, having no adult businesses were selected. The study examined property assectmmt data, U.S. census data, and other pertinent in£ormetion to ~determane the rate of appreciation we: the cix year study period. The rates for the studv Areas we ce compered to the ratec for the Control ueas co gauge the teoact or adult businesses on property values. '1l~e second approach of the study used survey quesuoneuires to svbjeMively establish the inpaet of adult businesses en surrounding nsidmtial and eo~ercial properties. 11io questivnruires voce papered. the first questiomsire was distributed to all members of . the Amecieen institute of Real Esgte Appraisers having a Los Mgeles address and to members of the glifornia Association of Realtors loving offices in the vicinity of the Study Areas. The second gvestiorsuire vas distributed to all property owners lother than single family residential) within 500 feet of the study uqs. 7tx results of these surveys were supplemented with inpuc from the genecal public obtained at tw public meetings held in the area. Results ltfe evaluation faad that there ns scene basis to conclude that tFr assasted valuation of property within the Study Area hsd generally tended to increase at a lesser rate than simile[ areas having ro adult businesses. However, tM report anted that in the opinion of the plaming staff there vas insufficient e~idmce to support the contortion that coneentntions of adult businesses have been the primry cause of these patterns of change in assessed valwtien. . the appraiwz questionnaire vu distributed to 400 real estate professianalc with 30 percent rsspwding. Tx results een be su®srized as follows: 1. 87.7! felt that the coneeneration of. adult businesses would decrease the mrket value of business property bested in Ne vicinity of web establishsents. (~ 2. 67.91 felt that the conemtracion of sdult businesses would deereaw the rental value of busirwss progrty looted in the vicinity of such establiY~ments. 3. 59.3E felt that the concentration of adult businesses would decrease the rentability/salability of business property located in the vicinity of such establishments. 4. 72.Bt felt that the concentration o£ adult businesses would decrease the annual income of businesses located in the vicinity of such ectablishmmts. 5. Over 90t felt that the concentration of adult businesses would decrease the market value of private residences located within 1000 feet. 6. Over. 861 felt that tAe concentration of adult businesses would Mcrease the rental value of residential ineoae property located within 1000 feet. 7. Almost 90t felt that the concentration of adult businesses would decrease the rentability/salability of residential prooert;• located within 1000 feet. . laespoedenU to tAe appraisers' survey ceeaented tAat the adverse effects are reLted to the degree of eonemtration and rlre type of adlrlt business. 7lrey irdiuted flat one free sanding adult business ~ have no effect. A few coesnts indicted that property wlues and . business wlusa sdgAt inergte for businesses that are eaapetible vrth adult enterUinseert businesses le.g.: otMr adult businesses, bersl. a, high peremUge of appraieere and realtors ce~enced on the adverse effect of adult businesses on neighborhood appeuance, litter, and graffiti. 'lire survey of property owners indicated tAat almost 85 percent felt that adult mterUirstmt eetablishmmts had a negative effect on the sales acrd profiU mf businesses in Llre area. Over BO percent felt that adult businesses had a negative affect on the value and apparance of hoses in the area imrdiately ~ adjacent to such businesses. J1rea property owners and businessmen cited the follwing adverse effects resulting Lrae adult enterUiraent eaUblishsents. 1. Difficulty in renting office space. 2. Difficulty in keeping desirable ie[unU. 3. Difficulty in recruiting employees. ~. LimiU hours of operstion (evening hoots). 5. Deters patronage from waxen snd families. 6. Generally reduces business patronage. • Mapordants esptusised their concerns about the high incidma of arise. A high perwnUge of [espordmU caaerrrted that tlx aesthetics of adult businaws ace garish, Anry, shabby, Alighted, UsUUss, and tend to increase the incidence of liter and graffiti. \ Testimony received at the two public meeting on this subject revealed that there was seriws public concern wet the proliferative of adult entertainment businesses, parti cvlerly in the Hollywood a: ea. Citizens testified that they ere afraid to walk the streets, particularly at night, Trey expressed emncem that children might be confronted by unsavory characters or exposure to sexually explicit mntecial. Related Studies The potentially Mrnful effects of adult mtertainmmt businesses has been docueented in ceportc from several other cities. Ttmic findings are briefly sueaarised below. Amarillo, Texas The City of Arrillo's study, entertainment user ace diatinguiciia6le ftoe other businesses in that they have negative iapatts an surrounding land uses, The study established s relatiasship between high crime rates and proximity to adult businesses, and that doe to the late operating hours of most adult tutirsaes, they created special pcoDler to surrounding mighbochoods in the form of noise, glare, erd traffic. - Beaumont, Texas A planning depactaent study done for the Charlton-Pollard Neighborhood in Beausnnt, Texu irnestigated the effect of adult buaineeset on eea+omie decline and crime. TM study caneluded that the concentration of adult businesus drove awy neighborhood eomamrcial stores and attracted airs such u prostitution, drug use, and a~ggingc. Los Angelec County, California in April, 1978,~the Department of Mgional Planning of the Caunty of Los Myeles published a study entitled Adult fittertainrnt Study and Pr aed Zoning Ordinance Arntlmint. In tM~iati ,y, aw m orcement o icers were su Pesponses fra the surveys indicated areas with a eoncertration of adult Eusinesses Moe a higher iniidence of public dcunkednu, tMft, ussult, disturbing the peace, and sex-related vice. Aaapadents irdiested nude bars, modeling etudioa, and rassge parlors aused the most individual probler. Phoenix, Arizona Trie City Of Phoenix study investigated the incidence of crime by ca~acing three study grass conuining adult businesses with three control area without adult businesses. Ttry rnncludsd that property _ airs .wre ~3 pecan[ higMc, violent crira wsre ~ percent higher, aM rx related crira were over 500 percent higMr in the study area then they wean in the control szua. . i St. Paul Minnesota The planning depsrtaent in St. Paul conducted a study entitled Effects an_ 5uzraading Area of Adult Entertainment 8usinecuc. The stuvy xova,o flat there wss a stetaataca y1T sigcu~'aannt corceletion between deterioration of housing values end cries' rates and the location of adult bucinecuc. She study alto concluded Uat there was n cttonger cortelatia~ with Mighborhocd deterioration efeet the establishment of an adult business than before. III. AOfII.T ORIENI~ IIAIIiFSSLS IN AUSTIN Location of Existing eusiMas Shece vere 19 adult-oriented businesuc located within the corporate limits of the Austin u of January 1, 1996. Ttau businesses have bean grouped into two sejoz types of businesses: Adult Entertainment DunifaiNi i[d Adult &NiCe enalMSa• Adltlt Ottfrtaillmint blaaMaaea consist of adult 6ookatores, thuters, and fiL stores. Adult Sarvitt lauiMaNS consist of rswge parlors, mxle arxksling studavs, and topless/twttarless wrs or clubs. Ste elassifiution o! tMse businestes is difficult, psrtitvlacly in the eau of sntertaierrnt busineswe, sine wY of these are involved . in tM selling of p[inted rtecial u wall ae novelty ita}la, and the showing of peep crows. For tM purposes of this study, Ousinecces listed as bookstores include a subsl~ntial portion of the business in Clr piling of printed naterial, but rY include itn distrihucion of txfuelty itesi, showing o! peep stwws, eed otMr related forr of enter4insent. Any business that exhibits adult fits an a single screen with 100 tarts vas classified as m adult grater even through it srY otter adult vldw tapes or fit for sale. Tnbla 1 lists the ores and loGtions of tM 69 existing adult enteztrirrent businespa grouped into the utegocics of adult mGrtailrent aid adult pcvice businesps. nap 1 depicts the lorAtians of thtae 6,rinessss in the City of Austin. As shown on thin rap. 21 of the /9, existing Mainesps are not located within 1006 fact of anotlrr adult entertainment business, Of tla Twining 28 busimnes, tMre are eight groups of two busiMSps, aM group of three businesus, aM group of tour businesses, and one gra~q~ of five busiMSSes. 11r loutioMl pattern illustrated an Map 1 iMicetes a pcopansity for adult businesps to locate along tM rjor Mrth/aouth roadways or on rjor east west rosdweys between Lamar 81vd and In35. • ` --L • r i~ r r ~~~ /i~ l•v :, ~v ~~_ G~' ~iGK j4. ~' .:;•• r r' ~. / i ~ ~ ~ `a"'~'r ? i'. f~ MAP 1 ;:T L L r 'r ~" ` ~• t , r _ _ F1YM9 AAM ~Yrr lautbrr v,~.~. ~ a~ gy.'~_J~~2~.~M ti. Y ~7 /WI TrpM Yi_ ~ f ~ ~ r`i~[~il'w ~^y M 11Y wMMw / h ICY f~pw ~ ~ ~~iStf ^'" TC ~~rCV Mir Nprlnp ~ ,- ~ F _ ~, _ ~ II ~ ~® n 1 ~ i S .~: ~ .t I r Table 2 Existing Adel[ Entertainemt Business Austin, Texac January 1, 1986 Adult Fa~tertaineent Businesses Adult Bookstores 1. Adult Theater 2. Mr. viho 3. River City Newsstand ~. River city Newsstand 5. Video Ram 6. Southcide Newc 7. 11~e Pleasure Shop !. Oasis Adult Book Store 9. Bf. Video 10. sixth street Hera 301-A- North IN35 1910 Guadalupe St. 613 Nest 29th Et. 6000 Beseareh Blvd. 615 Nest 29th St. 2053 South Iamar Blvd. 603 Nest Oltorf St. 8601 North 28 35 71B Bea River sc. 706 Fast 6th Bt. Adult Graters 1. Cirrma M-at Theatec 2. Taws Adult 1lrater 2130 SoutA Cangreas Ave. z22a cuaaalupe se. Adult rile stores 1. Video Lm 5726 Burnet 141. 2. Video Arn 708 Fast 6th St. 3. Video Barn %00 North Lwr Blvd. ~. Video Ram 2055 south Lamar Blvd. 5. video Ram 512 west staasney LeM 6. Video Ctc. 5610 worth Lamar Blvd. • l Adult Service Businesses Massage Parlors 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Ann's Massage Clinic Body rocks, Inc. Fantastic Oriental Masuge Fmtacy Maecage I Oream of Jeanie Ia Femae Michelle's Message Midnighe Cowboy Oriental Ociehtal Bocce of Mnsuge Patdora's Relaxation Plus Massage Relsxation Plus Masuge Satin Spa 'lt+kyo Spe Viekie't Masuge Silk Iady MaaWge NN SloUl tlorem Massage 'life Casbah 77r Chateau singletons Muuge 1406 South Lamar Blvd 2906 San Gabriel St. 1104 West 1(xnig Lane 5520 North Iamac Blvd 4406 North tamer Blvd 3502 North TH 35 403 Gst Ben White Blvd 313 But 6th Sc. 3007 North IB 35 631 West Ben White Blvd 2716 Guadalux St 612 Nfxees St. 6735 U.S. 290 East %O1 North ie 35 1104 3004 Guadalupe St. 92 Fast Ave 8312 South Cmgcess 9101-B South IN-35 9401-a South Th-35 1410 Ulit Tbpleu Clubs ant Nude Modeling Studios 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 1lfe crazy lady '1lfe mll Bouse itfe Red ROSe Bufey's Sugar's 'fie Yellofr Rose ladies of the Eighties Ades tale Modeling Resort French pua[ter Burlesque Modeling Studio Pearls Plsce 3701 North IB35 3615 5auth Congress 336 Fast Ben whi to Blvd 624 West Ben White Blvd 401 Bigtflafx! Mall Blvd 6528 North lamtc Blvd 2304 Broth tamer Blvd 1023 tteitfli St 10600 Middle Fiskville Ad 4912 North IM3~ 4814 North IB35 Valuation of Adult Busirnss Iamacts In order to develop appropriate reetmendations for tegulatinq adult mtertaitmimt buainetut, ie is essential to asuss the iapaet of these bwinestes on tlfe neighborhoods Ulat surround thee. Reeearch eotfducted in other cities suggests that adult enteruinment businesses love a detcimetftal effect on the incidence of criffe arci the apprecisCion rate of property located in the vicinity of these buainesus. 'ltfis report will assess the ispaec mf adult butinesus i.n Austin by Leaipacing the incidence of ecifae in areas eafrtaediffg adult businsaaea to sifsilar auu having to adult bwinesaa and by autveyitg the opinions of real estate profeasiwls tantxrning the effect of adult businesses an property valves. Incidence of Crime Methodology 1fie e£feM of adult businesses on the incidence of crime vas measured by collecting crime data for areas surrounding adult businesses sites and comparing them to eitsilar areas having no adult businesses. 7ttis evalwtion foeuees on three questions. Firer, ie the incidence of crime, particularly sexually related crime, higher in areas surrounding adult business sites than in similac stems withwt adult bwinese sitesT Second, is the incidentx of crime, particularly sexually related crime, higher 1n areas laving >nre than ae adult business then in areas having a single adult businessT Fimlly, how does the incidence of crime in these areas compare to crime rates for the C1ty of awtin as a wholeT This study eolleMed data for d5 serious erimital offenses, termed Part 1 Crimc by the Uniform Crime Mport. std 21 sexually related criminal offenses. 1Mse offenses are detailed in the appendix. She 4ta collected represenu calls for service to the !arson Police Department. 1fa sesrd+ procedure utilised the eosputer ryscem end dataWse of the Austin Police Depatraartt std ws limited co data wintalnW on lipe in this system. This limited the rise honton o£ the study to Jarntary 1, 1994 through Deeuher 31, 1995. Crime rates • for the census tracts std the city as a wlnle are Weed on data foc ulendar year 1994, as ctise rates for 1985 have not yet been ~ ccxgtilad. To facilitate coegsrison, crime data for all types of crime rwre cartaolideted for 1991 aM 1995, and then averageB to better ceflect ttte incidence of crime on an atonal Wsis within each area. In order to maintain eeaparative equivalency, the crier rate is expressed as the taaber of reported incidents pet 1000 area residents. Selection of Study and Control areas 11te selection of appropriate study and control areas is a crucial element in the objective usessment of the impact and adult busirnaaes on the incidence of crime Study Acesa. containing adult business cites, rust W urefully selected Co W representative of ttu adult bwinesses existing in th Austin eras. taut study areas were uleeted. Stafy Ares pre includes two tsuitasws, a modeling studio end a topless club. Study Ara 'MO also consists Of tw businesses, an adult bookstore and an adult oriented file rental afore. Study Acea: Shtee and tout captain single businesses, those being an adult bookstoce end topless bat, respectively. • Table 3 Study Areas Study Aree 1 euclest7ue Modeling Studio 4912 N. IH-35 Peals Place 4814 N. IH-35 Study Area 2 Soutfiside News 2053 5. Lamm Video Horn 2D55 5. Lamar Study Area 3 Ifie Pleasutt Shoppe 610 w. Oltorf Study Area 4 The rillw Aose 6528 N. Lamar Blvd S>.o of the Study Areas contain one adult business and the othetc each contain tw adult huineses. Althougn two adult businessec does not reflect the highest concenttation of adult Waineses looted in Austin, this level of eenClntgCioli is ante [eprasentatiw of existing . loutlanal querns in Austin. chose aceas eontainirrg Bore than tw adult businesNS care exasdnM and fount unsuitable for this ewluetian. 7tre highest concentration of adult businesses is located 'just w4!ct of the tATiwcsity of Texas cayus along west 29th Street. 9his arcs rws considered wsuita6e because the transient population asaoeiatatl wiih t!r thlwraity of 7vxas sdght unduly inflwnn the results of the evalwtion. Stre toneentution of adult businesses existing in the Central Business district wau dsaard unsuitable for study due to ChB lack of residential font ues in the aces. 'ihcee adult bwinssea are looted along IN-35 near its intereMion with cast 38 1,/2 Street. this srea was not selected because a large portico of the Study Area'ns occupied by Concordia Lutheran Collage nrd a suitable control area siailac in land use ws difficult to define. In order to draw valid caparisons, the Control Areas were selected according to their proxiauty and ciaulstities to the Study Arens eoncecning tgth zoning and laird use characteriaties. [our Conttol Areu were elected for coapnrison to the foot aeudy stess. Study Areas 1 t 2 Control Areas 193.43 Study Areas 3 s 0 Control Azeas AtaWS CRIME AATES Pact I Crime A 159.70 97.44 Study and Control Area Characteristics related crime rate 10.02 All of the Study and Control Areas rare examined to identify areas of similarity. All study and control sreas are circular in shsoe with a 1000 foot radius and a size of 72.12 acres. The tharatteristies of the population of each area raa analyzed using block date from the 1980 Census of iopulatim and tlouai~y. The resoles aze suemnrizea in Table 6. Table 1 iolulation Chaneteristies studyiCtrl scurfy/ctrl study/Cirl studyiccri Area 1 Area 2 Area 3 A[ea 4 • lCtMieity ~ t Anglo t Slack t Hispanic 1 Other Age CtmQosition t Ihsfec 18 t 18 to 61 t 65 and wer t Owner Oetupu+ry 69.8 68.0 60.9 75.2 17.7 54.8 84.5 72.8 7.9 10.4 4.1 6.2 12.1 2.4 2.5 2.5 21.5 21.5 33.5 18.0 64.1 62.8 12.4 19.4 0.8 0.1 1.2 0.5 b.l 0 0.7 5.3 11.0 19.6 24.0 20.8 10.1 25.1 16.1 23.8 80.0 72.7 62.5 71.2 51.6 69.6 69.4 70.5 9.0 7.5 13.5 B.0 8.3 5.3 14'.5 5.7 17.5 25.5 34.7 26.7 27.9 48.9 38.2 24.8 The Control Areas were selected on the basis of their similarity to Study Areas in tens of land use and zoning adx. ?able 5 reflects the land uses feast in each area. The zoning districts that coegrisa each area are deailed in the appendix. !laps 2 through 9 illustrate the use of land in each Study and Control Area. MAP 2 STUDY AREA 1 ^^, ~ o t ~ o ° c ~ 0 0 0 0 ~ . 0 0 0 ~, _ o ° ° •` 0 1 o ` I o li 0 0 0 0 0 0 II Oo,~ ^ p4 p oho s, ° o 0 0 1 _ o II 0 ? '1 • ~ o ~ o, 000' ~ , o ,0 1`1~~ • -~~ 1~~~ 1 O ~ MF 4 t l ` Fa" I g, .. _ ~ ~ ~; l1 ,0 1~ ~ 0 o tI o~ °~ ID~ '°~ / •. ~' J o aw • ? ' .`, /o~ o ,~ ~ I7 // YYMIC LAND U>SE LEGEND ~ CS / Q 6inp1. 1'.mlty ~ Yultl P.Inlly ~ ~ COTTOf01lI ' (~ ] ® Ollle. ° ( ~ - IndY.tfl.l ~ Il / I ~ Q Pu011C f )' Q P.rk /~ d Q Y.o.nt l.nd T\ 1 'Adult /wMN• - , nC 8u• ~ i MAP 3 CONTROL AREA 1 .~ .,, «n +/ rs 7 fi ~ ~+ C , /~ Y /(/ A M/ n-~' ~ f r t~ CS :~i;;•°O `( 0 awrw~ / o I2p0 SF-3 0 0 • ~ ~ fsw D C DIY , ~ ~ ' ~a~ J F 1 LAND USE LEGEND t w. © pinpl• F~mlly 1 r Multl F~mlly 5. ~+ ~ Comm~rel~l ~~ in .ryr.7 oulo. ' 1 ~ Inau~erla , 1 ~~ ~ ° ~~ Perk I ~ • t ~ ~ 1 © V~r~nt l~nA MAP 4 STUDY AREA 2 ~~ SF3 .~~~ CS~ "~ ~S ~; 0 ~'i ICS ~ i R '~ ~ ~~T ' 3~ 0 Ito a° ~ r / ~ ~ ° Ka ~ i ~F CS ' °°° ° ~ ° ~ 1~I LANG U9E LEOEWO ., CS ~ ~• r. T, ° ~ ~ •+, / ~, CS Mulll Famlly ~ n, °-3 j °°+ ~f ~ CoTa+arelai c c L' ~„ ~ ~F'2 ' ® Olllea ?° ° ~ ~~~.~~ CS~,J ~ f Indwtrlal T r' / ~ ~ ~ O .Park ~ J ~ - ~ VauM Land ~ ~' a yw~ ~ J / 'Adult •ualnaaa {°~ r 1 U IMNr In INt ._~i~o7 LAND USE LEDEND O smol• F.mur Multl F.mlly ~ Colmm~ela "' Ollic. s Ineu.aw ~ Puplle ~ F.rk Q Y.o.nt L.nd MAP 5 CONTROL ARfA 2 Table I Lffect of Molt Busiixisei on Property Values Oeerente Oecresse Oecreeu No Change Increase Increese~ 20\ or 10 to 1 to 1 Lo 10 to .ere 20\ 10\ 10\ 20: aesl Property , Cne Block Radius 20\ Natimal wMY 21.3 24.5 34.1 20.1 0.0. 0.0 100\ lLSN Survey 19.0 25.4 33.6 Zl,l 0,9 0.0 Ovsrcial lroperty Orr Block Rtliw 20\ Nstionsl Nrrey 10.0 19.3 42.6 28.1 0.0 0.0 • 1001 R9A ^urvey 8.5 2D.3 39.9 29.9 0.9 0'.4 LesideMial lroperty it~ree Block Rediw 20\ latiooal Wrvey 1.6 9.3 25.4 63.3 0.4 0.0 100\ 0511 Survey 2.6 7.S 25.9 60.3 0.4 0.0 Cae~reial *ropertY 7tiree block Rediw 20\ NstlOnal ~ o.e ar.ey 5.2 16.5 76.6 0.8 0,0 1DO\ -~ Survey ~ 2.2 3.9 16.A 75.9 1.3 0,0 T+ I ! `~.~ ~I /1.~ ~`` MAP 6 ST/U,DY AREA 3 r • •3 ~ ~C ~ _ ~ + ~~ ~ ' uM s S ! M4/ nw •j r ~~ CS p CS ,.~ ° ~ I ~ ° o o v o ~ LAND USE LEGEND H ° o ~•_ ~° ~ a'e ° ~- ~~ tIn01• F~mlly f~ ° ° `- ~ °~o ~ ~ " ~ N1F-J-\` ~ ~ Multl Fnmlly 1 ~ ~.H i c r ~ o ~ !~ \ COmMOfC10 ,~ .SCR;. w o I ' ~ ' „ E~ OIIIaO , h..,v / o I ~t J o, ° f e.'L 1(> o o ° Q ° • ~ ~ f T ~ ~ IndYSlti01 ~~/~ ~,~~c J c j? Vri + LR o C~ •u0111i ` o o 5~ ~ ° ^4., ° ~ .. S ` ~°c '' o ° ~~~ • o c G~ -Ork f ~ VOOOnI IOnO ,o a v o C ~ a• ~ >>_j t11t0 i ~ SF-3 MaP ~ CONTROL AREA 3 ., r I ~„ w.w. Mw ~r O /y.~M / ?au ~ ` I °`~~a,,, O I ~ VAV, I 0 0 .. ° c o : ' o . ` ~ o . 0 . + o ~ co o O LAND YSE LEGEND :~ n o e LR ,,,,,, ~ ~ o `~.. o o t c F q, o G~ Hn01a Fawlly ~'. ~~ . ' /~~• d , c • ~ o 'ff'. o ~ Multl Famlly ; %; W ~F o OO _ O 0 , ~ COTTaralal r,~ •aaa ~ a y.w is ~/ J : ~ ClllOa .~ - s ~ R ~F~r ~~• O /uElle ~. ~ ° aA L o u j o ~] Yateant a t ' MAP 8 STUDY AREA 4 ~`~ / lR... ' ~a ~ ~ F ' Ii ~ I .-,,. • / `. '/' \~ 1~6 ,~ / f 4T ~* , so/ l •~ ' T •._ f.~~ ~~~ r1 ~J r. i CS 1'4 C i I ~,., /~ ~U~ CSI o..l. I LIC(MA/TO •~~. k.~C ~- \ ~ ~ % e~`fa. I a I _ ~i ~ wI c"'' R/ .LAND U8E lEOEND / F ~ ~. Q ilnOb F.mlly ~ ~~~` c Mu111 f.nilly 0 ~ Com~n.rtla l` `~~ ~ IndaaNd ,~ ~-7 -u011o Q -.rk Q Y.c.nt Lond ' % /Y(AM /MD 'Adult E.dn..• ' • r./roa 4Jr(/, - tilt. '~0/nv/S'I:rN ~ ~~ MAP 9 • CONTROL AREA 4 °° ~, ° 'n .I ,. ,, ';:~i "/ ~~~ / CS ~~~s.~ ,.. ! w // ~: 5 , ..' + + -~ ~~ ~ -- "" ~ o !~ c ° i - t ri o o ° o°, \ ~ 0 .~ ~ Crs jr` .`,~~ .. DLO °O ~/°~~`°/o/ I I I i.\ri•O> ~:, lANO U6E LEGEND a :y:, / ~e~° o o ° $• (e; ` N ~,++~ye.. ~ooo ie ~ ° ~ M°Itl i~mlly ~ ... .. :'v ~+ ~Ysv ~°° °' ~ ('iOTTOfC 101 ~~• '"'• ~ O deW 1n Mt ~a~ /• 0~~00 ~'9jI~S ~ '~ ° C_~ VECEnI LEnd I_ Single Family Iarlti-Family C~eraial ~,t~ Offin Itduat[ial Nblie hrkland Q v Table 5 Existing Latxl Uae (in areas) Shdy/Cont[ol Area 1 Kea 2 Area 3 Area 4 ld.l 18.9 23.2 34.6 19.0 34.2 25.1 22.7 3.0 1.5 1.6 d.7 7.2 9.6 2.3 6.9 11.9 9.7 23.2 23.3 7.2 5.6 26.6 15.B 0.3 2.2 0.8 2.0 0.1 0.0 1.1 5.1 2.3 3.9 4.d 1.2 - 9 3 0.2 - 0.4 6.6 - 1 5 0.7 5.1 - B.0 4.2 1.6 3.7 37.3 3d.7 18.0 17.5 Id.7 9.9 15.4 17,2 u t • .• Resin to itle crime rates calculated for each Study and Control Area are irxlicated in Table 6. iriis table also indicates crime rates for the city at lsrge and for fwr reference sreas. Reference ueac include a larger area, that eneompssus both the Control and Study Area. The eriab rates for the Referenro Acess are caepiled fcom crime statistics foz the census tracts surrounding each Study and Control Area. Reference Kee 1 includes eansus tracts 3.01, 3.03, 15.03, and 21.05. Reference Area 2 includes census tracts 13.04, 19.01, ar~d 20.01. Census tracts 13.05 end 13.06 comprise Reference Aree 3. iris census trade that wprist hefetma Area /are 15.03, 15.04, 15.05, and 18.04, Criss retec !or the Reftcmce Areas reflect the incidence of crfae in calendar year 19e1. Table 6 Average Annual Crime Ra[es (per 1000 populatiw~ Part 1 Criss Rate Sex Related Cn^.x Pate seedy Ara 1 Control Ana 1 nelarena Ara 1 lel.e2 320.65 170.59 e.72 2.17 3.71 Study ues 2 Control Ara 2 lrferenpe un 2 itvdy ua 3 Control ua 3 eyfer4mct Ara 3 study ua 4 Control Area 4 Refezenee uaa 1 552.54 %.69 . e2.o1 128.59 69.60 112.84 105.TI 133.41 132.65 13.56 2.:e ..67 4.97 2.37 9.27• 7.91 1.e4 2.96 City of Austin e3.1/ ~ 2.61 All Control Aceac 132.23 2.21 • ifie extraordinarily high ax-[elated trine ute foc Reference Area 3 nl3eets rn~erau arrests for prostitution along 5wth Ca+gress Avmw. iri! sex related cciss aces for Study nxi Control Arts 3 did roc lnelude say ineidmu of prostitution. Adjutting'ehe sa ceUted erir nG for Mfsrmw Ara 3 to explode the lrcldtnn of ~- prostitution yields • csta Of /.7S/1000 far sex [dated CLlses. Arwlycic of the data contained in Table 6 indicates that with the exception of Control uea 3, the Part 1 crime rates for the Study and Control aces ere higher then the city vide average. However, no slant pattern can be tamd between Part 1 crime cafes ih the Study ueas eoapared to those in the Control urns. t A definite pattern is reflected in the sex related criae rates. The sex related aria rates in the Control aces are consistently low, ranging from 65 to 88 percent of the city vide enrage. In the Study uns, the sex related Cris rates are substantially Mgher than the ~zntrol areas. 7ltey range fro. nearly two to alaost five Liss higher than the city vide enrage. Ilrse differenws are rot related to differences in fart 1 cziae rates. Although the Mrt 1 arise rate in Study uea 1 is substantially lower than the rnrrespording rate in Control uea 1, the sex related cris rate is fwc limes greater in Lhe Study A[u. I!n sex reLted aria rates for Study uns 1 and 2, which each ' conUin tW adult business sites, are higher than these in Study A[m 3 and 1, which each congin one adult business site. Table 7 consolidates the erir rates for Study um 1 ud 2 and Study um 3 arrd ~. 7hia analysis irdicates that tM sex related nit rate in arm having suer than one adult businsa s1U is 66 percent higMr • than arm Irving only oae adult busintss site. IaDle 7 Average Annual Cris Imes fart i Czls NU Sex related aria rate study um 1 i 2 291.62 10.02 Control uns 1 s 2 193.63 2.35 Study etas 1 s 2 159.0 6.02 Control um 3 a 1 97.41 97.1< heal Estate Ieceets Methodology ~1t! stilOd Chaaa'n t0 nNfl the iapacts Of adult ente[tair~enL bUaiMFNa Q1 property values in Austin was a survey of the opinions of real estate professionals. A three-part questionnaire was designed to gavgo the opinion of 'nl esUU appraisers and larders in the Austin ern, regarding the effect Llrt an adult enteruiirent business would have m surrounding property values. • ~• • L the first pert asked respordentc to indicate the effect of ane adult bookstore on residential and cosmercial properties located within e one block and a three block radios of the bookstore. The second pert of the wrvey asked tlr ncpaadenu to indicate the effect on residential property valwc within one block for a variety of e~ereial uses other than an adult bookstore. 1rr Nizd part of the survey asked questions designed to estimte the degree to which property valwa are effected by adult husinesaes and to establish the basis for their opinions. A sample quectionnai re is included in Appendix C. besulu 'dr gwstiaarire was riled to 120 firms listed in Sir Southwestern rll Yellw M s under "teal acute appraisers" nd reTe e u Office of Lend Developaent Services received Sa responses; ^ raspwre rate of t5 percent. Tae responses to the questiamrire carxxrninq the effect of Wulf bwi~rsses m property valves are CabuLtW io llble 8. Table 9 srrrrius the results of the gwstiamaire regarding the effect of other ea~e:eial uses an pcoprty valves. Table B The Ellett of !dolt businesses an Property valves in Awtin, Texas Detrtase Oeecease Deereue 201 or more 10 to 20t 1 to lot No CJfan besi u Property One block Radiw 311 261 311 121 Oc~sreial Property Orr aleck !Wive 61 331 30! 311 besidmtial Properly Three !lode !Wive 5i 261 201 <11 Commercial Property Spree block aadiw 21 91 30t 591 e Table 9 The Effect of Corercial Businesses on Residential Pope rty Values in Awtin, Texas Much Sosewhat About Somewhat Hoch di ghee higher The Sae Lover Lower Church 23 16t 5Bt 245 Pool dell - 2i 393 45t 14t Nelfare Office - It 38t 453 155 Neighborhood Severn - 93 383 34t 213 earned 5torr - 263 615 113 23 Medial Office 18i 363 41t 6: - scaneh Libzary 213 403 33t 6t - Drug rhabilitation - 23 225 486 296 2te Crer Parlor 83 425 06t 61 - Video C.ar Pallor - 16- 53t 31t - Adult Video Arcade - 4- 273 28t C2t 7bpltss Bsr - - 195 23; 583 Masrge hrlor - - 19i 236 58t Adult ThNG[ - - 233 211 Sbt The tabulated responses in Table ~B indiuu that the overvlvlsing ~ rjority (8831 of thox surveyed felt that an adult book store world tsw • negaiiw effect on nsidmtisl progrty looted wittun one Dlaek. Over 30 grunt felt that valor mould dacrere by son than 20 grant. A abstantial rjozity 1693) lilt that the wlw of eoas,rcial progrty within area block of tM bookstore site would be rgatiwly isoaetad. dowrvlr, only 6 grunt felt flat t!r decline in valve mould b~ grnur tlnn 20 greens. IRnn slit distance frog the adult bookstore site is incensed, the nagatiw ispsot on progrty valves is less trw:e. A rjority of respordents (591) irdiuted ttut residential property looted then bioeks Eros the bookstore would decline in valor. Only 5 grams felt the decline would be grnur than 20 parent while veer 40 gremt lalt ttut there would De no change in wlw at this distance. The rjority of respondents (593) felt that there would De no cDSnge in valor of t~ccial progrty looted three blocks Leas the adult bookstore siu. The survey also asked responckn4 to iMicaie the e[feet on residential progrty valves if the site was wed for sossthing other than an dolt bookstore. At indiatad in Table 9, the rjority felt that progrty valwa mould M higher if ter site were wed as a sdiul olfiu or brsneh librery. Thry irdiutd that residential progrty valves would be lower if the sit! was usd:as a pool hall, tavern welfare office, drug r!lubiliGtian anur, or another tyq of adult lnurtairsrnt duirr. C Ttx reel estate professiaals wece asked to describe the effect of adult tkuinessec m property valuec in general e'd the basis fo[ their opinions. 'Aura questions are i~ortant because they help establish why property valves are affected by adult businesses. Ovez 70 percent of the respondents icdicate a negative effect m property valves, while 20 pe[ant felt there would be little or ro effect m property values. T!u respoMents hued their opinions m several factors. Yhey noted that the type of ellentele attracted ty adul[ Dusinesces, create concerns aaag fasdlies with children. Several noted ttut nsidmtial propertiu !n clove pcaxiaity to adult buiness sites an no longer suitable u lees for faeulies with children. 4his eliainatu a large portion of. the s•rket, lowering desrrxl, which in turn lowers Ne s•rket value of the property. 2t was slso noted that tree uictence of adult business facilities leads aorteage undetw[iters to believe that Che general neighborhood is in decline. lturefore, they would be less willing to srke 90 to 951 financing awileble for these properties. Several nspondsn4 iMiated that 'pride of amershiP• has an iaportant iuflvena on proprty values. Men fannies are eneouuged ' to leave a rnidential ana or diseeuraged fro leasing in a • Articular area due W the existana of an adult business nearby, • Uansition fro a f~sily ociented, owner occupied neighborhood to s ' sore trauient, ranter occupied neighborhood sry :cruet. finis trend ~. is reinloroed by thr relueunee of real estate lenders to rke 90 to 95t linaneing available foc properties in ter aces. The "pride of asurahip" !or the arcs any be disdnisMd in grain eases wi rh a detrimental upset m nsidenWl property wluea. Math regard to the effect an co~ereial properties, respoMmts ca~ented [hat c~ercial property values wn negatively ispaeted but to • lesser degree than residential properties. It was alw noted tAst the Lpct of a singU adult entertainaent business would be less severe than~Che ispan resulting frog a eancentratim of businesses. Other aoasnta indinted a ngatiw upset m the silo of businesses engaged in nighborhood trsde. One respoMmt consented that adult entertairiemt businesses tend to dziw wt "legitimate' uws of property, be tluy residential or eaercisl user. Ttose napondenta i~iuting little of no change in proprty valves cited several reasons for their opinims. Several tss'nied that adult Dusinesus loafed in arcs where property wlues are alnsdy in deelirr. OM ee•rnt noted that easeereial properties mould experience wry little elfeet 6euuae most tes•ereiel properties are eneuaWred by long ten loses. Norther ces•ent stated that there is m rrkK evidma tAst values will change. L C In cusnry, oust sppraiur'c std lenders believe adult bucinesus will deereau property values, particularly residential properties within e one block radius. Nan if the opinions of these profassianalc ace not accurate, their opinion will effect property values because their leMing end appraisal policies will, to aaM extent, detecaine property value. Trade ues desracteristiu 'Ahe use of caning wthority to regulate the locations of adult hueinesus iavlies that tlru businesas will bt liaised to certain xOning districts. Ir1 OrdeL LD Mkt appropiUL [eeDawrdatia+s for asslgrrent o! tMu Dusirrss to specific caning districts, an understanding of their trade era eharacteristia is isportane. Specifically, it is uuful to know if a substantial portion of an adult busirrases clientele are drawn few the ia~ediate neighborhood wcrounding the adult business site or fry a larger regional area. rkthodology In order to establish sir extant of an adult husinesses~crade area, toM rched o! deteraining the loptlan of their wstes:rs' resitlent~ auat bt e~yloyed. iM Mthed wleeted for this avaluauan was tJU • ebwrvatian of vehicle liesroe nuahers. IL vas assuad chat addresus listed an the vehiels registratiaa reflected the location of the ` eustaaers residsnw. sun adult huainess sins were esssdrrd: an adult theater, an adult bookstore, asd • topless her. Due to study constraints, aburvations of thou sites was liaited to a single wetketd night. It is believed, however that ttN ceaults of this exaainatien reflect a reuaubly attvraL rspraseMation of each businesses trade area. Results Ttte genecal locations of customers race plotted vn a map elonq with the location of the observed adult business. Addcesses located outside of the Austin area not found on the •ap aze listed on the map legend. !taps 10,11, aezl 12 illustrate the observed locetion of customers with respect to these adult business. these steps irdicate tltst tM location of customers is fairly evenly distributed throughout Ne City, particularly in the case of the topless club, (qap 12). Notre of the theee btuinesses observed appear to attract a significant asntmt of cvstorrs from tM irrdiate MigllborAood. OS the !1 ebseMtioM rasde only 3 wMre located with a file radius of 1Jr adult Easiness. It should be noted that all of the adult Eusinesws studied had sinale family residential ne~ahborhoods in the israediate vicinity. A.laoct half (36 out of 821 of the observed cvstoaecs rare iocarea outside of the City of Austin. Table 10 stat~ari:es [has analysis ror each of the adult blasiMSaes. Table 30 Location of Observed Custosers • Adult theater Adult lookatore :Lroless eer ~ a ~~ Nithin Austin 0 outride of Austin 6 ~ 23 Sul la 11 s~ rv. czNCwslaNs The results of this study indicates that these can tx cecious detriaent:al iRpaets m the Mighborhootk curtounding adult enurtaitsslnt Euaiiras sites. Sex related Grist rtes are tw to five tlrs higher than the city wide average rate Ear these erlers. Sez related crime uus ren substantially higher in areas containing moxe than aer adult Euaiersa siu than in a[us where a single adult btuineu wa locet:ad. 'fieu trends do not correlate to the tcerds for Fart 1 crises observed in the oast arcs. , Ttrse findings are eat otfered u proof that stlult enteruirrent busiM{Ha ace the pzierry cause of LM higlrr raua for sax related criers. uoeever, the observed patterns a[e a basis for ruaorrble ecncern for the ufety aed twllare of Mighhorhood naieknu in areas aucrounding dolt hwineu sites. Tree nwlu furtJrc suggeau Nat `. t!r detritantal iapaa+ can b. siitigatd w an gaunt by raquidnq disprsion of adult buaiMSa loutirar througlaut tlt city. -- f ~. x ~ ~ -L ~_r.. /~'r 1~ /r /' ~ _ ~ I ! v~ ~ '~ W ~ I ~ R1' '~G'~1_ N.Z: %'rl ~ ~a lr~~~ ~ ._°A ~r~,. ~.. .. ~!i. /i e Adll VIIM TI.4~ MY ~ .. ~~ ~ w~nrw ww fou to.1.r. r.e. • bwb Mr YMr hlnn -~-. r~ ' OYI M iw~ W~ tib•• • ern.. n • ru..u~., a • ww..n • n. r.a~. n • ~.q. n ~ ~I ~~ I • ~d i ~/ ; `~ ~, i~ '~ - ~r `~`I~Nf %-+~> ~' ~ ~..y ~ i V_ ~I i 1~ ~ ~ _~~,, r= ~;.. i t. :~ _ i, '~ ~/ ~ ... -a,+a,~ y;~~ oaaTn.~«r+~ • ~. r..... n. wrwn~, n, ~t~ rw., r. ~rrm, n. ~~wnr. n. ~ i r. ~y,w w'1 ~ ~ I I ~~ ~~ u C ~ ~ f~-IV r /xa`' ,... , • I I .ice z~~~?, 'I .,~~,:llj' ~'/~: /.,. I? ` C ~ .t', ~ ~ I ~ .I I A/L~. _ w.l if _:~I `'I.,. .i~,~ '~lc~fi~l~~~Nia M_ ~~ ~ ~ t•: / -_. ~ ~ AMP /2 F%~; 1 ~~rr: • _~ ~ Yf110M' IID1f .ff. NO. LAH~~ f JAI ya{, 4 A. ~ _ • NIM~ Nw ~M~~ Min t.~ hllr. ` 7 KS ^'J StL : l oN a r..~...r.. ~~ w . , . lv~ l3'1 ~ ~~ ~1~ r ` .ylP. h. .Way. h. h. .hlW~~• N. '. tr 1 .IYrt. Tl. ~~~ .iWlMar h'. NW Y p YSn h. ~ a I h . ' .YIW. h. .Wlr. .ryalI1M~M~ M. .III~Wa~~ h. .LlMaaf 1111, h. :V ~' f Y r.. ` . . Y V I '.YM~ A. ~M1 W11. f!! ~~ The results of the usessment of the ispect of adult businesxs on property valucc Nggests that thece my be a severe decline in for residential property value bested within arc block of en adult bvsiracs site. 7hece is m indication, Daced on ur subjective opinions of real state sppraisecs ad ladecc, that the introduction of m adult busirass into m arcs adjaRnt to fasdly-oriented, amer- oeeupied residential neighborhoods fey praeipigte a transition to a sore transient, renter occupied raighborhood. 'Ric results of the NNey of appraiNrs and lecders eloaely grallel the cesults of a siadlar survey conducted in Los Angeles, California and a rationwide Nrvey coMueted by the Division of Plaming in Indianapolis, Lndiana. 7!r en.lyiis of the trade arx eluraeteristias of the adult busirass sites indiestes that these bucirrases drw a NDStential portion of their clientele frog outside the iaaadiate area in which they are located, ud a sizable gremtage of their clientele appesr to reside outside the Austin area. !'ram the lad use standoornt, these businesses exhibit dnracteristies siular to other co~ernal secvue businesses. Given tMM findings iL appears w1deM Wt adult Oriented busirasses gerarate lageta, related to both crime ales and property values, . tlrt sequin special eauidsntian beyvd tlnoae norsslly associated with sisilat otasrcial uses. adult businsses also ceM to operate late at night, lurtlrr. delineating such uses Eras other etxaereial uses. Anew o[dinmce regulating !dolt eusinesaes should address the unique ispcts and epentinq charaeuristics gerarsced by adult businesses., Rhe eaditioerl use grsit olfers a viable rthod to allow ash uses, whiU still allowing the rwiw of the appcopriaLeneu sad design of such estaDlistrents. Coiditional use quits are cost logical in Zone districts that are face likely W be in elopr proxitity to residential developsmt. abnnlly, tlrse districts are sore nstrietive concerning types of grsitted uses, Mights std P.A.h.'s. adult husinesws should be grsitted withwt a taditianal use grist in sore regionally oriented rune districts, there Plooc Ares Ratios ace sore gtsissive. Adult service businesses, such a sassage grlors, sodeling studios, and toplesc~DOttoalus clubs are appropriate as a grsitted use in the . Ca0 and Ctl sane districts, which are designed foc high intensity, regionally oriented eoarreial, nd as a eaMitiarl use in the L, 1lsl, CS, aed CS-1 sane diitricLS. Adult mtertainamt businesses, which consist of bookstores, theaters, and fiL stores should be allowed a grsit[ed uses in tlr Op, [eel, C5, CS-1, and Ot tar districts, and as a eonditiatil ua in the less intensive and sore caasanity oriented zone districts of Gh, L, MI and LI. A 1000 foot tepacatim, which is tM equivalent of 3 Ciiy blocks, between adult buainsu is ceea~ec><kd, to prevent the concentration of businesses which lard to increase criae rtes. 1M requireaentc far a new ordinance regulating Adult Dusinecaes are batetl an the Licdiccgc of this study acd have sae basic in fact. 'R+e propoaad tastrieticns will mt severely restrict aececc to adult orimtad buaieraws due to tM m~arous properties looted Ncaughout the City Nat ace toned GA, L, DsQ7, (3D, CS-1, C5, CFI, 17i, and LI. 'ltwse regulations should howevat provide adsqusN protection eo tSle healN, safety, acrd walfsn of the people of Austin. • .' `` Appendix A Pert 1 Crimes riurder Capital Murdez Criminal Negligent Bomicide/Non-Traffic Criminal Negligent Hamieide/7'raffic Imroluntary Pmnclwghter/Traffic justified Bamicide Sexual uswlt Atca4tad Sexual uswlt Aggrmted Sexual Asuult Attempted Aggravated Sexual Assault !tape of s Child Attea¢~ted of a Ctuld Aggravated Bohbery/Deadly weapon Attempted AggrmGd Aobbery/Deadly Weapon Aggrmted Bahbery by Assault Ba6bery by AiNUlt AttYpted BoEaery by umwlt Attempted !lords[ Attempted Capital Is~rdec Aggrmud Aaaault Aggravated Assault on • Peaee Offiroc wadly Atmault ' Serious Injury to a CLLld Acsan with bodily Injury Burglary.of a Msidence Attupted Burglary of a pcidence Burglary of a Non-Itesldmn Attempted Burglary of a Non-Aesidsnce 11rtt Burglary of a Vehicle Burglary of a Coin-0perated ruehine ' ltrft fro• Auto Thelt of Auto Pmru Pocket Pieking Purse Snatching shoplifting Theft of Service Tfiett of 8ltycle TMft from Person Attempted Theft '!fief[ Ot Flesh' equipment deft of Vahirla/ptlrr C Auto lfieft Attaapted Auto IAeft lz~authorized vac of a vehicle Sex Related CrLes Sexual Assault Att..pt.d Smal Assault Aggrawtad sexual Asault Atteepted Aggravated Sexual Assault lope o1 • Cdld AttaaQtad (tape of a Qiild Trostitvticn Trosotion of Trostltutian Aggravated horotion of Trostitution Wplli+~g Troatitution Mxual Abuts AggravatW sexwl Abaae AtT.aaptad Aggravated sexual AWat Tublio Ledttest I1dao>AC ~paWrf J<•ex1Yl A6nta of • CAlld Attespted fen+al Abuse of a CTild ` Indecent:y with a Qilld Incest blieiLtion • ~. Appeffdix e Cospoa ition of Study c Control Areu ey Zoning Distcict Area 07e free 1W Area lfiret A<•s Fwr Study Control Study Control Study Control Stud} Control 1-SF-3 2.92 SF-3 18.78 26.97 35.43 22.31 33.26 17.29 22.19 22.39 iI-3-9 14'-2 3.30 2.6E .77 2.32 1.72 !Q''-3 .91 1.93 1.38 7.88 2.6E 1.03 1.00 !Q4 .26 2.59 R-5 ' ID 1.17 1.15 .57 1.17 2.72 1.02 • tb ./3 ~ CS 13.90 15.88 26.5E 13.06 10.31 1.21 13.16 2E.99 Ci-1 ~ 1.12 .7B .3/ ./0 15.<1 1.55 CS-9 COt .98 .3/ 7.00 2.27 1.12 .77 1.55 tlt .5/ .89 .37 3.78 IS 3.62 AVIAITCN 3.05 t!a ROAD BDIf 22.59 22.33 17.65 20.53 11.51 12.71 17.51 11.3d 10GL ~. Appendix C Pleax ea~lete Chic brief survey and return it to the Office of Land Developeent aervicec by Deeeaber /, 1985. read the following lnformtion about a hypothetical neighborhood and respond toe £ew questions in Gtas of your professional esperienn and jtdgsent. A aiddle-intoea, single-fmtly nsidentral roighborbood broders a rin strxt that oantains various c~ereial actlvitres tMt serve the neighborhood. tlrre is a building that recently hx betvae wcent snd will open stactly x an adult bookstore. 9rere are m other dolt bookstores or aiedlaz vetoes an arx. lfiere is no other wcant oo•eraiel spa presently available in tM arx. ?lease indicate your enswezs to questions 1 through 1 in the blanks prwidd using scale A Nrough G. Scale: ;A} Decrease 20i or mre (D) 'Decrease mre then 10 \ but less than 20t • (GI Decrease free 0 to lOt (DI ib ohange in valve (L) Irlireax fro D to 30\ (f) inereax mre than 1D\ but lean than 20i (G) iaeraax 2Dt or mza • 11 lion wind you ~speet the average valves of the single-Esai ly ~. residential proprty dthin on block ' Of CM boosscoce co oe eca7~i 1 2) Dow wind you expel Lire average whits of the ecmerrial property within one block of the 6ooketon to be affeet~ 3} caw mould eapeet the average valves of the si le-roil nsidmtial proptty within thrx blocks of the sto as a~id~ _ 11 How mould you expect the Lwnge valves of ea7ertral property within Nzx blocks to aflectedT • .r 5) Suppose the available eomnercial Euilding is rued for so~Uing other flan an adult bookstore. For each of the following potential uses, would the average value of the residential property within one block of the new business be: (A) ouch higher; Is) somewhat higher; (G) abort the sane; (D) scmnmat lower; or te) such lower; tlun.if an adult bookstore omrpied the site. Sto[a-front dwrch Drug rehabilitation center Pool hall Ice cream parlor 1Nlfare offiu video-gam parlor Neighborhood tmm _ Adult video Arcade __ Mscord stop '14;pins ear • _ Madieal Otf1a __ Massage parlor ~~ eraneh Library Adult 1lxater 61 In gwrral, to what degree do yea foal adult enteruinent businsses affect property values? 7) My do you feel this vay7 1.. :. • B) wre yw affiliated vrith a professional real estate appraisal orgsniutiont If co, p?.eue specify. OpTIQW.: NYe tad N~a of lirm 4 • l 1. McClendon, Bruce W,; zoni~n for Adults Onl zoning news; American Planning Association, August, 19~ 2. ileinstein, Alan; Pegulating Pornography: Recent Legal Trends; Larcl vac Law; tebrvary, 7 ; P.a 3. Ibid. p.C <. ibid. p.< memo/139/sm ^. , Q~ Z~- C~ LAND USE PLANNING STUDY • September 1992 CITY OF RANCHO CUCAMONGA Prepared By: Rancho Cucamonga Planning Division r~ ~r RANCHO CUCAMONGA LAND USE PLANNING STUDY TABLE OF CONTENTS PAGE INTRODUCTION ........................................................................................ ........................ 2 20NING ANALYSIS ................................................................................... ........................3 SUITABLE SITE ANALYSIS ....................................................................... ........................4 LEASABLE SPACE INVENTORY .............................................................. ........................5 PURCHASABLE AND VACANT LEASABLE BUILDINGS ......................... ........................6 VACANT SITES .......................................................................................... ........................7 • 1 RANCHO CUCAMONGA LAND USE PLANNING STUDY ^ INTRODUCTION The purpose of this Study is to quantity space that is available within the industrial area of the City of Rancho Cucamonga which is appropriate to accomodate adult businesses, such as bookstores, video stores, and other similar uses. The scope of the study encompassed seven tasks as described below: t. Within the planning study area, compute the acreage per zoning category. The areas will be computed based on an aerial photograph, base map or other data source. 2. Determine "suitable" site sizes for aduR businesses based on field research of sample businesses located in surrounding communities. The suitable site size will be computed by the square footage of each business measured by an exterior survey. 3. Inventory through fiek research and telephone surveys potential aduh business loca- lions in the study area. The inventory will determine: a. Number of leasable spaces of suitable size. b. Total square footage of leasable spaces of suhable size. • 4. Prepare a map indicating the location and size of each suitable site cross-referenced to a summary table. 5. Prepare a map and data on vacant, available space of suhable size. 6. Conduct a telephone survey to determine the purchasable buildings, of suitable size, within the study area which are feasible of converting to said use. 7. Compile the results of these tasks Into a report, including maps, tables charts and other statistical summaries. ~J RANCHO CiTCAMONGA LAND USE PLANNING STUDY lJ ^ ZONING ANALYSIS Task 1 required a quantification of the acreage within the entire Study Area and major study areas. The major study areas were determined to insure that adult businesses were at least 1500 feet from any sensitive land uses, such as residential, schools, parks, public buildings, churches or certain major arterial streets. The Study Area is comprised of 3495 acres zoned for industdal and office uses, and cer- tain commercial uses. The acres by zoning designation for each study area are compiled in Chart 1. The largest study area is #3 with about 575 acres. Area #2 is the smallest consisting of 92 acres. Exhibit 1 delineates the general boundaries of the three study areas. These areas, as shown on the exhibit, are concentrated in the large industrial area of the City of Rancho Cucamonga, generally located south of Foothill Boulevard, and east of Haven Avenue. • CHART 1 • CHART 9 CITY OF RANCHO CUCAMONGA STUDY AREA ZONING BREAKDOWN I AREA ZONING DESIGNATION ACREAGE 1 Industrial Park ISP Subarea 7 32,8 General Industrial ISP Subarea 8, 10, 11 217.8 Minimum Im act Hea Ind. ISP Subarea 9 69.3 2 General fndustriai ISP Subarea 10, 11, 13 71.9 Minimum Im act Hea Ind. ISP Subarea 9 20.3 3 General Industrial (ISP Subarea 8, 14 97.3 Heav Industrial ISP Subarea 15 477.9 TOTALS: INDUSTRIAL PARK 32.8 GENERAL INDUSTRIAL 387.0 __ MINIMUM IMPACT /HEAVY INDUSTRIAL 89.6 HEAVY INDUSTRIAL 477.9 GRAND TOTAL: 987.3 Pape 1 X N j M a a m Arrhibald Hermosa Haven Cleveland Milliken 1.16 Freeway -~ i li Etiwanda RANCHO CUCAMONGA LAND USE PLANNING STUDY ^ SURABLE SITE ANALYSIS This task involved a sample survey of the size of existing adu@ businesses. There are presently no aduk businesses within the City of Rancho Cucamonga; therefore, surveys were conducted in surrounding cort!muntties. The physical characteristics of comparable sites are summarized by the photographs on Exhibit 2. Listed below are the estimated floor areas for each: Floor Area (Sq. Ft.) Use Comparable Use A 868 Bookstore, video arcade, novelties Comparable Use B 4665 Bookstore, video arcade, novelties Comparable Use C 2420 Nude danang, bookstore, video arcade, novelties Comparable Use D 1786 Nude danang, bookstore, video arcade, rwveRies • Comparable Use E 1581 Bookstore, video arcade, novelties Comparable Use F 1380 Nude danang Comparable Use G 1148 Bookstore Comparable Use H 364 Bookstore, video arcade, novelties Comparable Use I 728 Bookstore, video arcade, novelties The square footage of comparable uses established the initial thresholds for the space inventory; thus, they are an important componem of the Land Use Planning Study. Upon review with the City Attorney, the suitable space was determined to range from 200 square feet to 5000 square feet. 4 EXHIBIT 2 ~J (~) 14589 Valley, Fontana • EXHIBIT 2 EXHIBIT 2 ~ - RANCHO CUCAMONGA LAND USE PLANNING STUDY • ^ LEASABLE SPACE INVENTORY These two tasks involved an inventory of the leasable spaces within each of the three study areas. The inventory included both occupied and vacant spaces as of August 1992. Occu- pied space was included in the inventory because it will become available through turnover. Altogether there were 167 spaces that were of suitable size; that is generally in the range of 200 to 5,D00 square feet. The majority of the spaces (66%) were occupied and 56 (34%) were vacant. The results of the space inventory are summarized in Chart 3. Each site is delineated in Exhibit 3. Neither study area 2 or 3 had any existing space of suitable size. The total leas- able space in the survey was 338,864 square feet. s ~-- r -' ' ~,,- _ __ ~__ .. -~-,-__! A~et epue Mlt3 c: __ .'_•~_ '.1 ~£= __ ~2 -~=--ialsa4aoy T __~ m 9 t _,~, ~~ a _ , s _~ s~ ~.P'~ -~.- ~.: >r~7 „r _.. .____ ___ _ .z ~._ ___ I ~~~__ __ ._-__~_ s_-_-_... ~. ____ F ~~ : _ _ -...j . puelanal~ ~r _ _ .. i .~- _~,. .~~... I ... ~ ~ ~+~ ~~ ~• F,. ~ ~ esowiaH h'.. _._ _~ ~ .J __- r_-J _ ~#~~ .~ ~. ~p~ " ~ ~ % ~^ ~~= ~ Q _ ~. J e=., -~ ~ ,,r- _ ,~~--1~ ' Y~ ,i ~~~ ... ~- T O C d C d a N N ~ D r ~ N w J w_~~ RANCHO CUCAlIdONGA LAND U8E PLANNING STUDY • ^ PURCHASABLE AND VACANT LEASABLE BUILDINGS An inventory of vacant buildings and buildings available for purchase was compiled. The list is presented in Chart 3. There are presently no buildings of suitable size available for purchase in the major study areas. f. J Chart 3 (AREA 1) • CHART 3 Business Address uare Foota a Lease or purchaseable Oxupied or Vacant AREA 1: 10970 Arrow #101 1638 L O #102 1752 L V #103 1540 L O #104 1752 L V #105 1752 L O #106 1638 L V #201 <5000 L O #202 <5000 L 0 #203 <5000 L O #204 <5000 L O #205 <5000 L O #206 <5000 L O #207 <5000 L V #208 <5000 L V #209 <5000 L O #210 <5000 L V #211 <5000 L V #212 <5000 L O #213 <5000 L O #214 <5000 L V 10980 Arrow #101 1066 L O Chart 3 (AREA 1) • L.J 11030 #202 Arrow 964 Lease Occu ied 11030 #203 Arrow 964 Lease Occu ied 11030 #204 Arrow 964 Lease Vacant 11030 #205 Arrow 964 Lease Vacant 11030 #206 Arrow 904 Lease Occu ied 11030 #207 Arrow 634 Lease Occu ie0 11030 #200 Arrow 377 Lease Occu ied 11030 #209 Arrow 402 Lease Vacant 11030 #210 Arrow 601 Lease Occu ied 11030 #211 Arrow 601 Lease vacant 11030 #212 Arrow 402 Lease Vacant 11030 #213 Arrow 378 Lease Vacant 11030 #214 Arraw 631 Lease Occu ied 10700 Jersey Bivd. #400 and #410 2256 Lease Occu ied #420 - #440 2784 Lease Occu ied #450 and #460 #500 2256 864 Lease lease Occu ied Vacant #510 864 Lease Occu ied #520 1440 Lease Occu ied #530 1440 Lease Occu ied #540 1440 Lease Occu ied M550 1440 lease Occu ied M 560 t440~ Lease Occu Ied #570 1440 Lease OCCU ied Chart 3 (AREA 1) • r1 L J #580 1440 Lease Vacant #590 2880 Lease Occu ied #600 1200 Lease Occu ied #610 1200 Lease Occu ied #629 1200 Lease Occu ied #630 1200 Lease Occu ied #640 1200 Lease Occu ied #650 1200 lease Occu ied #660 2400 Lease Occu ied #670 2400 Lease Occu ied #680 2400 tease Ocau ied #700 2340 lease Occu ied #710 1440 Lease OCCU ied N 720 1440 Lease Occu ied #730 1440 Lease Occu ied #740 1440 Lease Vacant #750 1440 Lease Occu ietl #760 1440 Lease Occu Ied #770 2880 lease Vacant #780 2880 Lease Occu ied #790 2880 Lease Occu ied 8400 #101 Ma le Place 1038 Lease Occu ied #102 1340 Lease Vacant #103 __ _ _ 1340 __ Lease _ _ VaCent Chart 3 (AREA 1) • ~J #104 1340 Lease Occu ied #105 1340 Lease Vacant k106 1552 Lease Occu ied #107 1553 Lease Occu ied #108 611 Lease Vacan[ #109 948 lease Vacant #110 1026 Lease Vacant #111 948 Lease Occu ied #112 1026 Lease Occu ied #113 1047 Lease Occu ied 8439 #101-112 Ma le Place <5000 each Vacant Suites L +a. +os. +oe. +n 8440 #101 Ma le Place 612 Lease Vacant #102 727 lease Vacant #103 720 Lease Vacant k104 615 Lease Vacant #105 1656 Lease Occu ied #106 1656 Lease Occu ied #107 1585 Lease VeceN #108 1585 Lease Vacant #109 1012 Lease Vacant #110 1200 Lease Occu ied #111 1212 Lease Occu led #112 1017 Lease Vacant 8459 #101-107 Ma la Place <5000 each Vacant Suites l 102 Chart 3 (AREA 1) • 8460 N701 Ma le Place 808 lease Occu ied N102 808 Lease Occu ied N103 1420 Lease Occu ied N704 1383 Lease Occu ied N105 146d Lease Occu ied #106 808 Lease Occu ied N107 606 Lease Occu ied 8401 N101 White Oak 960 Lease Occu ied 5102 760 Lease Occu ietl N 103 960 Lease Occu ietl N704 1608 Lease Occu ied N705 1606 Lease Occu ied #106 1608 Lease Vacant #107 1606 Lease Vacant 5108 1808 Lease Vacant Nt09 1458 Lease Occu ied 5110 1308 Lease Occu ied N 111 1235 lease Vacant 5112 816 Lease Vacant 5113 836 Lease Occu ied N114 842 Lease Vacant 13429 M101 White Oak 1065 Lease Occu ied N102 1044 Lease Vacanl #103 1044 _ Lease ___ Occu ied ~~~ Chart 3 (AREA 1) • N104 1065 Lease Occu ied N 106 1164 Lease Vacant N106 1164 Lease Vacant NiG7 980 Lease Vacant N108 1164 Lease Vacant N109 1164 Lease Vacant N110 1188 Lease Occu ied Nitt 1164 Lease Vacant X112 1164 Lease OCCU ied RANCHO CUCAMONGA LAND USE PLANNING STUDY ^ VACANT SITES This task involved the inventory of vacant sites located in the Study Area. There are nu- merousvacant sites as shown on Exhibit 4. Due to the large number o} suitable vacant sites, they are not described individually. There is a total of 260.4 acres of vacant sites within the Study Area as summarized in Chart 2. Area Ht contains the largest amount of vacant land with 192.7 acres. • CHART2 • • _ CHART 2 CITY OF RANCHO CUCAMONGA • STUDY AREA VACANT LAND INVENTORY AREA ZONING DESIGNATION VACANT ACREAGE 1 Industrial Park ISP Subarea 7 15.4 General Industrial ISP Subarea 8, 10, 11 157.9 Minimum Im act Heavy Ind. (ISP Subarea 9 19.4 2 General Industrial ISP Subarea 10, it, 13 19 Minimum Im t Hea Ind. ISP Subarea 9 2.8 3 General Industrial (ISP Subarea 6, t4 18.3 Heav Industrial ISP Subarea 15 27.6 TOTALS: INDUSTRIAL PARK 15.4 GENERAL INDUSTRIAL 195.2 _ MINIMUM IMPACT /HEAVY INDUSTRIAL 222 HEAVY INDUSTRIAL 27.8 GRAND TOTAL: 260.4 Pape 1