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HomeMy WebLinkAbout94-38 - Amending Chapter 20.74 of the Newport Beach Municipal Code Relating to Adult Entertainment BusinessesORDINANCE NO. 94- 38 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIAp AMENDING CHAPTER 20.74 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO ADULT ENTERTAINMENT BUSINESSES WHEREAS, the City Council of the City of Newport Beach wishes to promote the City of Newport Beach's great interest in protecting • and preserving the quality of the residential, commercial and industrial areas of the City, and the quality of life through effective land use planning; and WHEREAS, the City Council of the City of Newport Beach believes as true the studies conducted in the cities of Austin, Texas; Biloxi, Mississippi, Garden Grove, California; Indianapolis, Indiana; Los Angeles, California; and Phoenix, Arizona which show Adult- Oriented Businesses cause secondary impacts which degrade the areas of the City in which they are located, cause a blighting effect on the City, and increase crime in general, and sex related crimes in particular, in the vicinity of the Adult Oriented Business; and •WHEREAS, prior to the adoption of this Ordinance, the City Council reviewed detailed studies prepared by other jurisdictions regarding the detrimental social and economic effects on persons and properties immediately surrounding established Adult oriented Businesses. These studies included those prepared by the cities of Austin, Texas; Biloxi, Mississippi; Indianapolis, Indiana; Garden Grove, California; Los Angeles, California; and Phoenix, Arizona; and WHEREAS, the City Council of the City of Newport Beach believes the following statements are true, in part based upon its understanding of the experiences of cities such as Austin, Texas; Biloxi, Mississippi; Garden Grove, California; Indianapolis, • Indiana; Los Angeles, California; and Phoenix, Arizona: A. Crime rates are higher in residential areas surrounding Adult Oriented Businesses than in commercial or indus- trial areas surrounding Sexually Oriented Businesses; B. Areas within close walking distance of single and multiple family dwellings should be free of Adult Oriented Businesses; C. Adult Oriented Businesses should not be located in areas of the City which are in the vicinity of residential uses, religious institutions, parks and schools; D. The image of the City of Newport Beach as a pleasant and attractive place to reside will be adversely affected by • the presence of Adult Oriented Businesses in close proximity to residential uses, religious institutions, parks and schools; E. The existence of Adult Oriented Businesses in close proximity to residential areas has been shown in some cities to reduce the property values in those residential areas; F. The City Council believes that allowing Adult Oriented Businesses in certain designated zoning districts is appropriate because such zones include ample accessible real estate including acreage in all stages of development from raw land to developed, industrial, and retail space that is easily accessible by freeways, • highways and roads. G. Without the adoption of a land use ordinance, Adult Oriented Businesses might be able to locate anywhere within the City by right, requiring no permit other than a business license to operate; H. A reasonable regulation of the location of Adult Oriented Businesses protects the image of the community and its property values and protects its residents from the adverse secondary effects of such Adult Oriented Businesses, while providing those who desire to patronize Adult Oriented Businesses an opportunity to do so in appropriate areas within the City; • I. Regulations for Adult Oriented Businesses should be developed to prevent deterioration and /or degradation of the vitality of the community before the problem exists, rather than waiting for a problem to be created; J. Adult Oriented Businesses should be regulated by develop- ing zoning which will separate such land uses from other incompatible uses; and -2- WHEREAS, the aforementioned studies show that sex - related offenses are included within the category of secondary effects caused by unregulated or underregulated Adult oriented Businesses; and WHEREAS, the City Council believes that persons who have been convicted of sex - related offenses have shown a propensity to commit • such offenses and should not be permitted to operate Adult Oriented Businesses for two (2) years after such conviction. This is because the sexually oriented nature of the business creates an increased opportunity for the commission of sex - related offenses by persons who have exhibited a propensity for the commission of such offenses; and WHEREAS, the City Council believes as true the documents and judicial decisions in the public record established and submitted in conjunction with this Ordinance which demonstrate that various operational practices of Adult Oriented Businesses (as that term is defined in Section 5.96.010 of the Newport Beach Municipal Code) increase criminal activity, including but not limited to sexually •related criminal activity, and increase the likelihood of the transmission of diseases including but not limited to sexually transmitted diseases such as gonorrhea, syphilis, herpes, and acquired immune deficiency syndrome ( "AIDS ") and hepatitis -B; and WHEREAS, the City Council believes the following statements are true, in part, based upon its understanding of the documents and judicial decisions in the public record established and sub- mitted with this Ordinance: A. Evidence indicates that dancers, models, entertainers, and other persons who publicly perform Specified Sexual Activities or publicly display Specified Anatomical Parts in Adult Oriented Businesses (as those terms are defined • in Section 5.96.010) (collectively referred to as "Performers ") have been found to engage in sexual activi- ties with patrons of Adult Oriented Businesses on the site of the Adult Oriented Business; B. Evidence has demonstrated that Performers employed by Adult Oriented Businesses have been found to offer and provide private shows to patrons who, for a price, are -3- permitted to observe and participate with the Performers in live sex shows; C. Evidence indicates that Performers at Adult Oriented Businesses have been found to engage in acts of prosti- tution with patrons of the establishment; D. Evidence indicates that fully enclosed booths, individual • viewing areas, and other small rooms whose interior cannot be seen from public areas of the establishment ( "Individual Viewing Areas ") regularly have been found to be used as a location for engaging in unlawful sexual activity; E. Many Individual Viewing Areas have been found to contain "glory holes" in the walls joining abutting Individual Viewing Areas which are used by customers to facilitate sexual activity between the occupants of the abutting Individual Viewing Areas; F. Individual Viewing Areas have been found to be unsanitary due to the existence of semen, saliva, and blood on the • walls and floors of the Individual Viewing Areas; G. Medical science has found that the AIDS and hepatitis -B viruses are carried in the semen of infected males and have a potential life span of 2 to 3 hours outside the human body; H. The existence of semen on the walls and floors of the Individual Viewing Areas can facilitate the transmission of the AIDS and hepatitis -B viruses; I. The practice of individuals having anonymous and /or unprotected sexual relations in Individual Viewing Areas can facilitate the transmission of the AIDS and hepatitis -B viruses as well as other sexually transmitted • diseases; J. Poorly lit or unlit areas of Adult Oriented Businesses provide a location for people to engage in illegal sexual activities; K. Police agencies have determined that some Adult Oriented Businesses and the operators thereof have been found to be directly engaged in (as well as aid and abet) criminal -4- and illegal sexual activity. Such individuals also have been known to use aliases; L. Many jurisdictions have found that Adult Oriented Businesses generate excessive noise and disorderly conduct, particularly at the closing time of the Adult • Oriented Business, which creates an adverse noise public safety impact on surrounding businesses and communities; and WHEREAS, while the City Council desires to protect the rights of those who provide adult oriented entertainment, it desires to do so in a manner which decreases, to the greatest extent feasible, the undesirable secondary effects associated with such entertain- ment; and WHEREAS, based upon the evidence contained in the documents, judicial opinions, and other public records attached hereto as Exhibit "A," the City Council finds as follows: A. The City has an interest in ensuring that individuals who operate Adult Oriented Businesses have not been • convicted of certain criminal offenses, particularly sexually related offenses. The application requirements contained in Chapter 5.96 of the Newport Beach Municipal Code further that interest; B. Requiring the presence of one (1) security guard for every 200 patrons at Adult Oriented Businesses providing live entertainment is likely to reduce the disorderly conduct and illegal activity observed to occur at Adult Oriented Businesses in other jurisdictions; C. Requiring Adult oriented Businesses to close at 2:00 a.m. is likely to reduce the early morning criminal activity occurring at and near Adult Oriented Businesses and is • likely to eliminate the existence of excessive noise and disorderly conduct in and around the community in the early hours of the morning; D. The requirement that Adult Oriented Businesses only allow performances which are characterized by Specified Sexual Acts or future Specified Anatomical Parts such that patrons not be permitted within 6 feet of the Performers -5- is likely to reduce the opportunities for illegal sexual activity to occur between Performers and patrons, and is particularly likely to reduce the opportunity for such illegal sexual activity to occur at the Adult Oriented Business; E. Requiring Performers in Individual Viewing Areas to be • completely separated from patrons by a floor to ceiling plexiglass or other clear, permanent barrier is likely to reduce the opportunity for illegal sexual activity to occur between Performers and patrons and reduce the possibility of the transmission of sexually transmitted diseases between Performers and patrons; F. Requiring the entire interior portion of Individual Viewing Areas to be visible from aisles and public areas of the Adult Oriented Business is likely to reduce the opportunity for illegal sexual activity to occur within the Individual Viewing Area; G. Requiring areas within Adult Oriented Businesses to be • minimally illuminated to the standards contained in Chapter 5.96 of the Newport Beach Municipal Code is likely to reduce the opportunity for the occurrence of illegal sexual activity in dark portions of Adult Oriented Businesses; H. Prohibiting any physical contact between Performers and patrons of Adult Oriented Businesses is likely to reduce the opportunity for the occurrence of illegal sexual activity between patrons and Performers; I. Prohibiting holes or openings between the interior spaces of Individual Viewing Areas is likely to reduce the opportunity for the occurrence of illegal sexual activity • between the occupants of Individual Viewing Areas; J. Prohibiting the occupancy of more than one person in an Individual Viewing Area at any time is likely to reduce the opportunity for the Individual Viewing Area to be used for illegal sexual activity; K. Prohibiting patrons of Adult Oriented Businesses from offering payments or gratuities and prohibiting Um • • • Performers from accepting the same is likely to reduce the opportunity for illegal sexual activity to occur between patrons and Performers; and WHEREAS, while the City Council of the City of Newport Beach desires to protect the rights conferred by the United States Constitution to Adult oriented Businesses, it does so in a manner that ensures the continued and orderly development of property within the City and diminishes, to the greatest extent feasible, those undesirable secondary effects which the aforementioned studies have shown to be associated with the development and operation of Adult Oriented Businesses; and WHEREAS, it is not the intent of the City in adopting this Ordinance to suppress any activities protected by the First Amendment, but rather to enact a content neutral Ordinance which addresses the secondary effects Adult Oriented Businesses have on the City; and WHEREAS, the City staff has determined that the proposed amendments to this Chapter 20.74 are categorically exempt from the requirements of the California Environmental Quality Act ("CEQA") under Chapter 5 (minor alterations to land use limitations); and WHEREAS, after conducting a duly noticed public hearing on , the Planning Commission voted to recommend approval of this Ordinance; and WHEREAS, on , the City Council conducted a duly noticed public hearing on this Ordinance, and received testimony and information from the public and City staff. NOW, THEREFORE, the City Council of the City of Newport Beach hereby ordains as follows: Section 1: Section 20.74.010 is hereby amended to read in its entirety as follows: Sec. 20.74.010 Definitions The words and phrases used in this chapter shall be governed by the definitions contained in Chapter 5.96 of the Newport Beach Municipal Code. Section 2: Section 20.74.020 is hereby amended to read in its entirety as follows: -7- Sec. 20.74.020 Findings /Requirements. A. The Adult Oriented Business shall be located in the City's C -O, C -1, C -2, RMC and RSC Districts and the commercial and industrial areas of P -C Districts. With the exception of industrial zoned districts, the underlying • land use of the adult business must also satisfy the land use requirements and develop- ment standards of the district in which the Adult Oriented Business proposes to locate. The above notwithstanding, no conditional use permit shall be required for an Adult Oriented Business. B. The Adult Oriented Business shall not be located within one thousand (1000) feet of the boundary of any residential zone or residen- tial use approved by the City of Newport Beach. T • C. The Adult Oriented Business shall not be located within one thousand (1000) feet of any lot upon which there is properly located a religious institution, public beach or park, school or City of Newport Beach facility, including but not limited to City Hall, and Newport Beach libraries, police and fire stations.i D. The Adult Oriented Business shall not be located within 500 feet of another Adult Oriented Business. E. The Adult Oriented Business shall comply with • the City's parking standards for the under- lying use. Where no objective City parking standards exist for a particular underlying 1 The distance of separation required by Findings B and C shell be made using a straight line, without regard to intervening structures or objects, from the property line of the lot on which the Adult oriented Business shall be located to the nearest property line of the lot upon which is located a residential use, religious institution, perk or school from which the measurement is being taken is located on the same lot as the Adult Oriented Business, the distance between the two shall be measured in a straight line between the front doors of each use without regard to intervening structures or objects. -s- use, parking shall be provided at a ratio of one space for every 1.5 occupants based upon the maximum occupancy approved by the City of Newport Beach Fire Department. F. The Adult Oriented Business shall have obtained a permit in compliance with all • applicable requirements of Section 5.96 of the Newport Beach Municipal Code which is incorporated herein by this reference. Section 3: Sections 20.74.030, 20.74.040 and 20.74.045 are hereby repealed and of no further force or effect. Section 4: Section 20.74.050 shall remain unchanged. Section 5: The City Clerk of the City of Newport Beach shall certify to the passage and adoption of this ordinance and the same shall be published as required by law and shall take effect as provided by law. Section 6: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on • the 11th day of July , 1994, and adopted on the 25th day of July , 1994, by the following vote, to wit: AYES, COUNCILMEMBERS HEDGES, SANSONE, WATT, TURNER, HART, COX, DEBAY NOES, COUNCIINEMBERS NONE ABSENT COUNCIIMEMBERS NONE ATTEST: