HomeMy WebLinkAbout517 - Ordinances (Z~D~ NO. 517
AN CiqDINANCE OF ~ CITY 01N2IL OF ~IE ClTY OF
Ma~ICIPAL CODE BY AEOING A NE~ SECT/(J 17.04.090
~arxS~M~qT OF AEi/LT-(~~ ~3SINESSES, A~)
A. Recitals.
(i) 3~e Develc[mmnt Code of the City of Rancho O_wr~-~-rJa, at Sectira
~7.~0.030 F.~., currently provides regulatia~ f~r the aR~mra ard
es~bl~nt of adult-oriented businesses within the City of Rancho
establishment of such adult-oriented businesses have demmstra~ that a
number of detrimental social and ecunceic effects are produced to t/lcee
persons ara ~ies ~ately surrounding established adult-oriented
upheld local regulaticrs of such adult-oriented husirmeses when regulaticrs
are predicated upon the fact that es~_bl~ of such busineeses ~
the social and eccrreic welfare of thcee areas ]ammdia~ly adjacent to such
(ii) Prior to the adqvticn of this Ordinance, this Council b~-~ had
available art] reviewed detailed studies prepared by other jurisdicticr~ with
respect to the detrml social and eamanic effects produced to thoee
persons ara properties imeiiately m=Touva{~ es~hl/shed adult-oriented
businesses. These studies incl,_rJ~d t/xse prepared by the Cities of
tend to show a mar~ decrease. ~ is particularly true given a cl~ee
proximity to residential areas. ~he general eramary is that it is reasonable
and prudent that local jurisdictiam eercise zoning paex to regulate the
locatic~ of adult-oriented businesses to operate in areas of the (xmmmity
that, while accessible to their patruns, are laintea_ in districts that are
least likely to injure the general welfare of residents. Based upc~ the
findings and cunclusicrs set forth in said studies, this Council hereby firrls
as follows:
(a) AreM within c~e wanUng ~ of single and ~ntip~e
family dwellings should be free of adult-oriented busineeses;
(b) Ares where children amld be expected to walk, patmni~,
or recreate should be free of adult-crientea_ busineeses;
(c) Adult-oriented Minessee should be located in areas of
parks, and other public facilities and schooLe;
Ord~ No. 517
Page2
(d) The image of the City of Rancho C~ as a pleasant
and attractive place to reside will be adversely affected by the presence of
adult-oriented businesses in close proximity to residential land uses,
churches, parks, and schools;
(e) Regulation of adult-oriented businesses should be
developed to prevent deterioration and/or degradation of the vitality of the
pmbl ;
(f) Oa~.rcial areas of the City patronized by young people
and children should be free of adult-oriented kusinesses;
(g) Areas where students are walking to and from school should
be free of adult-oriented Minesees so as not to be subjected to
cc~Ercrfcation with the exi-~nce of such businesses;
(h) ~ult-oriented businesses Faxx~d be regulated by zc~r~ to
separated frc~ uses with characteristics different from itself;
(i) ~he location of adult-oriented businesses in proximity to
residential uses, churches, parks, and schools my lead to increased levels of
vicinity of suc~ adult-oriented ~usinesses;
(j) ~he experi~ in numerous other cities has shown that the
location of adult-~riented businesses tends to degrade the quality of areas in
which they are located and cause a blighting effect upon the city;
(k) Location of adult-~riented businesses in close pru~imity
c~T_rcial uses in the vicinity, thus reducing property values and tax
loes of some c~a-~_rcial establi-~nts~ followed by a blighting effect up~m the
c~T_rcial district within the city, leading to deterioration of the
c~rcial/ecurrmic quality of the city;
(1) Location of adult-cTiented businesses within walking
distances of c~mrches ar~ other religious facilities will have an adverse
effect ~ the ministry of such churuhee and will discourage attendance at
suc~ c~urches by the proximity of such adult-oriented businesses;
(m) A rees~hle regulation of the location of adult-oriented
h ine as will provide for the of Um of the City of Rm ho
O_~wr~r3a_ and its property values, and protect the residents of the ~,-,unity
from the adverse effects of such adult-oriented ~usineeses, ~bile providing to
thcee who desire to patronize adult-oriented busineesee an c~xztunity in
areas within the City which are ap~zo~riate for locatic~ of adult-oriented
(n) ~he initial lccatic~ of adult-oriented businesses will
lead to the locatic~ of ~aaiticrel and s~m~!~r uses within the ~ vicinity,
thus multiplying the adverse {.m~cs of the location of adult-crient_~a~
entaze .~-'-....~ity; and,
(o) ~le ~referenced goals cml be feasibly promoted and
~Nerse im~cts avoided by adoW~on of th~-~ 0Minance.
(iii) The Planning Divisic~ of the City of Rancho O~wT~rja
conducted and completed a sMmdy of properties within the City of Ranoho
characteristics of adult-oriented businesses; the result of suc~ study to
ccrrmrnir~ the location and operation of adult-orien~a businesses in thcee
areas of the c~amdnity that, while accessible to their patr~mls, best promote
the goals, findings, and policies set forth in su40ara~Ta~h (ii), above.
Prior to the adoption of this 0rd/nance, this Council has reviewed the
findings and ~ o=~a~ in sxb stay (entitled q~nd Use P~ning
~ 1992") which s~dy is ~Ud herein by ~erer~.
(iV) On NoveM0er 10, 1993, the Pla~/llg Oamassion of ~ City of
Rarbo ~ omduc~d a any ~io~ mblic ~ring omcemi~ the
referenced zoning ordinance amerdment and, follc~ing the conclusion thereof,
~ its Resolution No. 93-97, mi-- .... -qdir~ that the City Council of the
City of Randm O~_~ga adc~ these ~m~ndments.
(V) On November 17, 1993, this Council curducted and concluded a
any notio~ public ~ring oxcerni~ the s~bj~ ~ to the
(vi) A~i le~d pmrquisiU~ prior to the adq~ion of this
B. 0rdina. cs.
~he City Council of the City of ~ ~ does ordain as follows:
SBCTI~ 1. ~he City Council hereb~ specifically finds that all of the
facts set forth in the Recitals, Part A, of this Ordinance are true and
Ordinance No. 517
~. ~he City Council of the City of Rand~ Cucamonga hereby
finds that the project has been prepared and reviewed in cc~pliar~e with the
California ~~mental Quality Act of 1970, as amended, and the Guidelines
prcmxtlgated thereaxler, and further, specifically finds that based upon
sukstantial evidence it can be seen with certainty that there is no
poesibility that the proposed Ordinance will have a significant effect cn the
C~A Guidelines Secti~ 15061 (b) (3).
~_~__/. Sections 17.02,140 C.3, 17.10,030 B.2 and 17.10,030 F.1 of
17.04.090, to be read, in w~Tds and figures, as follows:
Section 17.04. 090 Muir
A. Purpose
1. It is the intent of these regulati~rs to prevent problems of
blight and deteri~rati~ wt~ich can be krazjht abaft b~ the
~tic~ of adult entertairmmnt businesses in close proximity
to each other ~r proximity to other ~tible uses such as
schools f~r ~, ~ublic parks, ard residentially zaei
districts. Ihe City Cbuncil finds that it has been de~rstrated
in various o~,~nities that the omcentrati~ of adult
other businesses and residents to move elsewhere. It is,
therefore, the purpose of these regulati~rs to establish
reasazble and uniform regulati~rs to prevent the omoentratia~ of
adult es~bl~hmnts ~r their close pruximity to ~tible
uses, while permitting the locati~ of adult businesses in certain
areas.
B.
1. It is the intent of this Sectia~ that the definitions set forth in
to "establish" an adult enteredrotator business shall mean and
irclude any of the foilafire:
(a) ~e ~adn~ cr ~-_-~.~,xL of operati~ of any su~
Omiixklrr~ No. 517
rage5
(b) ~he oonversic~ of any ~ business, whether cr not an
(c) ~he additic~ of any adult entertairm~nt business as defined
additic~ results in e~ of the place of business.
For pEpoees of this par~, ~ shall m~n an
irrreaee in the size of the building within ~ti~h the
business is _~_n~q~w~ced by either ocr~ctim cr use of an
adjacent building cr any portia1 thereof, ~hether located
the ~-~ cr an adjacent lot cr ~ of land.
3. Specified Anatanical Areas. As used herein, "S~ecified Anatomical
Areas" shall mean and include any of the followirr/:
(a) L~s than
pubic region, batrocks, anus, cr female kreast below a point
immmdiately above the tc~e of the areola;
(b) Human male genitals in a a~-_~c~vnibly turgid state, even if
cc~letely and opaquely covered.
4. S~ecified Sexual Activities. As used herein, "Specified Sexual
Activities" shall mean and include any of the folly:
(a) The fondling ~r other erotic t~d~ir~, actual cr sirehated,
of human genitals, pubic regic~l, hxttocks, cr f-m~]e breast;
(b) Sex acts, actual cr simllated, including act of sexual
(c) M~-~urbation, actual cr s{~,]ated; or
(d) Excretory functicrs as part of or in ccrmectial with any of
the activities set forth in "a" through "c" above.
eS~Rhl~ iS ar~] place of b/sM it1 which ~ or ~M3re of the
following activities are caxt]cted:
(a) Adult Book S~. A ~ial es~bl~-~hm~nt ~lich, as a
regular and substantial part of its business, devotes
tO itM whirl1 are all identical, such as ~m~mm~s copies of
the same book or periodical) or display, shelf, rack, table,
stand cr floor area used for the display and sale of the
following:
Ordinance No. 517
(1) Books, magazbms, periodicals, or other printed
matter, or phi, films, motion pictures, video
cassettes, slides, tapes, ~, or other form of
visual cr audio representatkm which are
descripticm of "Specified Sexual Activities,, or
"Specified Anatceical Areas"; and/or
(2) ~, artificial devices, or paraphernalia
which are designed for use in connection with
"specified sexual activities."
(b) ~rk~lt Moti~ Picture Es~hl{~me~. Shall mean a o~ercial
est~bl~ with a capacity of 50 or more persons, used
for the presentation, exhibition1, cr display of films,
motion pictures, video cassettes, slides, cr similar
photographic rem~ducti~s projected ~ a screen, which are
For purpoees of this subsectic~ and subsecticrs c, d, e, f,
g, h, and 1, "substantial portiere1 of the total presentati~l
time" shall mean a regular and substantial course of
curtduct.
(c) Adult Mini-Motif1 Pictm~ _TtM~tw. Shall mean a c~er~ial
es~bl ~-~ammnt with a capacity of more than 5 hut less than
50 persons, used for the preserfcatic~, exhibition1, cr
display of films, motic~ pictures, video cassettes, slides,
~r similar ~h~raNhs re~roducti~s ~zojected ~ a screen,
and in whic~ a substantial pcrtic~ of the presentatic~ time
Activities" or "Specified Anatcmical Areas.,,
(d) ~ault Motic~ Picha~ ~. Any place to which the public
electronically, electrically, cr mechanically controlled
five cr fe~er persc~s per machire at any c~e time, in which
a substant/al p=wci~ of the total presentatim time of the
(e) Adult Drive-In ~heater. An open lot cr part thereof, with
appurtenant facilities, devoted primarily to the
presentaticm of motiota pictures, f] Imp, theatrical
productions, and other f~,,~ of visual pr~ducti~, fcr any
form of cc~sideraticl~ to persclm in motor ~mhiclee cr cm
outdour seats, in w~ich a su~stant/a~ portiere of the total
presentation time of the material beir~ W~ntad is
distinguished ~r c~aracterized b~ an e~sis ~ matter
b~patr~s.
(f) ~ult cabaret. A nightclub, bar, r~etaTant, ~r similar
es~h~lishment durir~ ~ic~ a su~tantial pertim of the
a{-~tixrJuished cz characterized b~ an .~lasis cll "Specified
Sexual Activitiee" cr by expoeare of "Specified Anatanical
Areas" and/c= feature films, motloll pictures, video
cassettes, sli~ae~, or other pho~gra~hic re~rc~c~m which
(g) Adult Motel ~r Motel. A hotel cr motel, cr
cc~mrcial establishment offering public ~tic~s fur
any form of ccreideratice~ ~hich ~-ovides patrcr~ with
closed-clio/it televisicll transmissicms, fi Imp, moticll
pictures, video ~-~ces, slides, cr other ~lot~ga~hic
reWoductic~s, a sakstantia~ portion of the total
presentatic~ time of which is ~ ~ir~tshed cr charactarized
by an em~hssis upm the depictic~ cr descriptic~ of
(h) Adult Theater. A theater, cuncert hall, auditorira, cr
nature which, f~r any form of c~sideraticn, regularly
features live performances, a eaketantial pcrtic~ of the
total presentation time of which is distirr3u/shed cr
Activities" or "Specified Anatomical Areas" for o~eervaticll
b~patr~s.
(i) ~hnt M~del _Stua~n. Any establ~ c~en to the public
where, for any fcrm of ccr~ideratic~ cr gratuity, figure
Ordinance No. 517
This provision shall not apply to any school of art which is
operated by an individual, firm, association, par~lership,
corporation, or institution whic~ meets the requirem~r~s
established in the ~ducation Code of the State of Califuk~aa
for the issuance or conferring of, and is in fact authorized
thereander to issue and confer, a diploma.
(j) Sexual Encount~_~ EStablishment... A c~-~ercial establishment,
other than a hotel, motel or similar establishment offering
public aco~-~/atio~s which, for any form of consideration,
provides a place where two or more persons may coDgregate,
associate or consort in connection with "Specified Sexual
Activities" or the exposure of "Specified Anatomical Areas."
This definition does not include an establ~ where a
medical practitiormr, pe~logist, psychiatrist, or similar
professional person licensed by the state of California
(k) Body Paintinq Stua~o. Any establishment or business which
provides the service of applying paint or other substance
~dy when sxh ~dy is wholly ~ partially nude in ter~ of
"Specified Anatomical Areas."
( 1 ) Wherein for any form of co~sideraticel the
which a substantial portic~l of the total presentatio~
t~ is ~ara~ized by an emphasis ~ depicting,
Activities" or "Specified Anatceical Areas"; or
(2) ~hich devotes more the 50 percent of the total area
used for d/splay of its stock in trade to items,
or relatin~ to "S~ecified Sexual Activities."
· ault eltertaj3mmnt establishments are permitted c~ly in thoee areas of
the City within the boundaries of the Irr]ustrial Area S~ecific Plan
~he develM ~ aRolicable to the estab] {-~ent of an adult
for a District and use most cc~le to the propoeed adult
~ business, as det-~m~ by the City Planner.
Ordinance No. 517
Page9
D. ~ Pr~'~ Req-i~ements
No ~,]t ~ esf~hlis~nt shall be established within
specified 8~tances of certain specified land uses as set forth below:
any other adult entattainment eSf~hli~hm~r~C.
2. NO such e~tablishment shall be established within 1,500 feet
any existin~ resia~nt~ d~alin~, residentia~Zy ~med
church cr s~m~]~ place of wurship, school cr day care facility
(pablic or private), park cr playS, recreaticllal facility,
hoepital, public kuildirr3s ( i.e., City Fall, County officee,
courthouse, l~nries, etc. ), and the right-of-~By cm the
followir~: P]avel AM, Milliken Averlae, 4th Street, FUothill
Boulevaz~ and 1-15 Freeway.
E. Measurement of Distance Between Uses
The d~-~cance between any two adult eltertair~e~c es~Rbliskmmnt shall be
meammed in a straight line, withcut regard to intervenin~ structures,
frcm the closest exterior structural wall of each k~/siness.
public park, or residential zcre, et~., shall be measured in a straight
exterior structural wall of the adult entertairmmnt basiness to the
closest property line of the school, public park, cr residential zcrm,
et=.
F. ClOsed Viewin~ Areas
No adult use or adult entartaim~ent business shall maintain cloeed
areas, bocfch, cubicles, rocmB, or other areas within its place of
business that are used, designed, cr furnished fur private sexual
on the premises. All portic~ of the prenises shall be available by
access and visual ir~ic~ at all times by any City
standing at the front door (not to include e~-~_ing and approved rest
room facilities).
G. Adult ~Y~rta~ Zonin~ Permit
It shall be unlawful to establish cr operate, cr cause cr permit to be
operated, any adult enterta]3mmnt establishment without first ubtainin~
an adult entertainment z~ning permit f~ the City Planner.
Ordinance No. 517
F~e l0
H. Permit A~Dlication
1. Any pets(m, associaticm, partnership, co~F~tic~ or other entity
desiring to obtain an adult entartainm zoning permit shall file
an application with the City Planner c~ a form provided by the
City Planner. The application shall be accc~ed by a
rralrefundable application processing fee in the amount established
by City Council resolution.
2. ~le application for a permit shall contain the foll~ing
(a) ~he name, address, and telephone number of the aR01icant.
If the applicant is a curpotation, the applicant shall set
forth the name of the ~tion exactly as shown in its
article of ~tion and the names and addresses of the
officers, directors, and each stockholder owning more than
10 percent of the stock of the corporation. If the
applicant is a pertnership, the applicant shall set forth
the name and residence address of each of the partners,
including limited partners. If c~e or more of the partners
is a corporation, the provision of this Section pertainir~
corporation or partn~ shall designate o~e of its
officers or general partners to act as its respor~ible
m~nagir~ officer.
(b) Name, address, and tele~hcmle number of the person who shall
requested. ~he name and address of a person authorized to
aooe~t service of legal notices.
(c) ~e proceed b~iness ham of the adult e~rtaimm~
establ~ and description of the type of adult
(d) Street address of the m~eed adult enterta/n~nt
es~h]~~ and the tax assessor,s parcel rambet of the
(e) A plot plan for the ~zR~rty de~ict/n~ the location of the
(f) If the adult e~artaimmr~ eatabl~~ w~s in edstare as
of the effective date of these regulations, the date the
Ordinance No. 517
(g) Any other informatio~ r~-_~c~_hly necessary to a~l{~h the
purposes of theee regulations.
3. Referral to Other City Departments. ~he City Planner may refer
premi~ where the adult entertainment establishment is located,
cr will be located, cceplies with the City's ~uildir~, health,
zoning and fire ordinances cr other applicable c~h~%~oee cr
laws. City de~ may ccrr~uct an inspectiota of the premdses
~b~o~.
o~ a cce~lete a~licatic~.
~a~_~ial detail.
~be ~ locatio~ o~ the atilt ~ b~siness
<c> ~e o~e~ation o~ the a~llt ~ basiness is o~
wo~la be in violatlc~ o~ one o~ ~ l~isio~s o~ these
~eg~latio~s.
<e> ~at a ~_~mit to o~e~ate the a~lt ~
the ~l~lica~c, o~ a ~lde~ o~ the a~licant ~bic~
stock~ol~ ~ ~ ~ 10 ~ o~ t~e a~licaz~cs~
~e City ~lanne~ ~ay con~itic~ the ~ o~ an ac~lt ~
~icil~l Co~e.
Ordinance No. 517
K. Sale cr Transfer of Busine~
No adult entertaiaraent permit may be sold, transferred, or assigned by
the permi tree, or by operation of law, to any other person or persons;
and any sudl sale, transfer, or assignment, or attempted sale,
transfer, or assignment, shall be deemed to constitute a voluntary
surrender of such permit and exzh permit shall thereafter be deemed
terminated and void; provided and excegcing, however, that if the
permittee is a partnership and c~e ~r more of tba partners should die,
~ ~r more of the surviving partner may acquire, by ~ or
otherwise, the interest of the deceased perUmr or partners without
effecting a surrender or terminaticm of sudl permit and in each case
partner(s). one ~r m~re proposed partner(s) in a partnership granted a
permit ~ may make applicatic~ to the City Planner, together
with the fee established by the City Council therefore, to amend the
original applicatic~ providing all informatic~ as required for partners
in the first tnstarK~ and, ~ approval thereof, the transfer of the
may occur. If the permit is issued to a corpuratic~, the permit shall
be dccmmd term//lated and void if stock is sold, transferred, issued, CT
assigned to a person not listed c~ the applicatic~ as a stockholder;
proviadUct, however, the pr~ transferBe may sukmit to the City
Planner, together with a fee established by the City Oouncil, an
applicatic~ to amend the original application providing all information
as re~ed for stockholders in the first instance, and upon approval
thereof, the transfer may then occur.
L. New Permit ~nga~
Ihe permittee n~st apply f~r a new adult entertainment permit as
follM:
1. Prior to any d~nge in the locatic~ of the adult entarta~
establishment.
2. Pricr to the ocrNersic~ of any existin~ adult enterta~
3. Prior to any charge in the business name of the a~lt
e~N:ertairmm~t establishment.
4. PriCT tO the e~ of an e~_ing adult e~tertaja~mnt
Ordinance No. 517
13
M. DiSDlaV Of Permit
Each persun to when ur for whom a permit has been granted shall display
said permit in a conspicuous place within the adult
est~blishnmnt so the same may be readily seen by persc~s ente~ir~ the
N. Violation and Penalties
1. Criminal Violation1.
It shall be unlawful for any person, firm, Nertrership, cr
ccrporatic~ to violate any provisic~ cr to fail to cueply with any
of the requ~emnts of this Section. Any person, firm,
partnership, cr corpuratic~ violatir~ any provisic~ of
Section or failing to comply with any of its rec~e~ents shall be
deemed guilty of a misdemeanor; and upon conviction thereof, shall
be by a fine not one Thousand Dollars ($1,000)
corporation shall be __ae, m~a guilty of a separate offense for each
and every day or any portion thereof durir~ which violation of any
of the provisicrs of this Section is c~itted, ccmtinued, or
2. Civil Remedies Available.
A violation of any of the provisions of this Section shall
ccr~ti~ a nuisance and may be abated by the City t~ civil
ahetemnt of such
SECTION 5. Section 17.10.030B of the Develc~mm~t Oode is hereby m~ded
the ccrrlitic~al use permit process, in only the General O~m~cial District.
SECF/ON 6. If any Section, su~eection, sentence, clause, phrase, or any
portion of this ~ is for any reasc~ held to be invalid cr
unconstitutional by the decision of any court of ccepetant jurisdiction or
validity of the remaining perriots of this Ordinance. ~he City Ommcil of the
City of Rancho O__w~m~x/a hereby declares that it wuuld have a~ this
therefore irrespective of the fact that any c~e or more sections, su~eecticr~,
sentences, clauses, Ibm-uses, or pcrtiore is preempted or it declared imalid
or urrnnstitutional.
Ordinance No. 517
~GI!_~__Z- The Mayer shall sign thi~ Ordinance and the City Clerk shall
cause the same to be published with fifteen (15) days after its pessage at
least cr~e in the Inland Valley Daily Bulletin, a newspaper of general
circulation publi-~d_ in the City of Ontario, California, and circulated in
the City of Rancho ~.
PASSED, APPROVBD, and ADOIxfHD this 1st day of December, 1993.
AYES: Alexnrder, Buquet, Gutierrez, Stout, Williams
NOES: None
,7. , ~ity clerk
I, DEBRA J. ADAMS, CITY ~RK of the City of Rancho CucemmrrJa,
Cal~,~zd.a, do ~ ~ that the fcregoir~ Ordinance w~s ~ at a
r~3nar ~ of the Camcil of the City of ~ ~ held ~ the
17th day of Novenber, 1993, and w~s finally passed at a regular meetin9 of the
City (txmcil of the City of Rancho Cucmxmga held c~ the 1st day of ~,
1993.
EMecuted this 2rd day of December, 1993, at Rancho C~,