HomeMy WebLinkAboutOrdinance 1662 N.C.S. 08/04/1986
SEP ° 3 1986
ORDINANCE NO. 1662 N.,C. S.
INTRODUCED BY : SECONDED BY:
Michael .Davis Yice Mayor Larry Tencer
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1072 N.C.S.
BY ADDIrdG ARTICLE 12, SECTION 12-410; ARTICLE 13, SECTION 13-419 and
ARTICLE 21, SECTIONS 21-410 THROUGH 21-410-48 OF THE ZONING ORDINANCE
BE IT ORDAINED BY THE CITY OF PETALUMA AS FOLLOWS:
SECTION 1. Article 12, Section 12-400 is hereby amended by adding anew
Section 12-410 as follows: "12-410 Adult entertainment, in accordance with
Section 21-410."
SECTION 2. Article 13, Section 13-400 is hereby amended by adding a new
Section 13-419 as follows: " 13-419 Adult entertainment, in accordance with
Section 21-410."
SECTION 3. .Article 21, Section 21-400 is hereby amended by adding new
Sections 21-410 through 21-410.48 as follows
"21-410
Regulation of Adult Entertainment Establishments Including Massage
Establishments .
21-410.2 -.Purpose
It is the intent' of Section 21-410 to prevent problems of blight and
deterioration which can be brought about by the concentration of adult
entertainment businesses in close proximity to each other or proximity
Ord. 1662 NCS 1 of 19
1
to other incompatible uses such as schools for minors, public parks
and residentially zoned districts. The City Council finds that it has
been .demonstrated in various communities that the 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 Section 21-410 to establish reasonable and 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 zone districts .
21-410.4 -Definitions
It is the intent of Section 21-410 that those definitions and
interpretations set forth in Section 1-203 of the Petaluma Zoning
Ordinance shall apply but only where they do not conflict with any
definition or interpretation set forth in Section 21-410.
21-410.6 - Specified Anatomical Areas
As used in Section 21-410, "specified anatomical areas" shall mean and
include any of the following:
A. Less than completely and opaquely covered human genitals, pubic
regions, buttocks, anus or female breast below a point
immediately above the top of the areolae; or
B. Human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
21-410.8 - Specified Sexual Activities
As used in Section 21-410, "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 regions, buttock or female breast;
Ord. 1662 NCS
2 of 19
2
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.
21-410.10 -Adult Entertainment Establishment
An adult entertainment establishment is any place of business in which
one or more of the following activities is conducted:
A. Adult Book Store. A commercial establishment which devotes more
than 50 0 of its total inventory or product lines or more than 50 0
of its total display, shelf, rack, table, stand, or floor area used
for the display and sale of the following :
1. Books, magazines, periodicals, or other printed matter, or
photographs, films, motion pictures, video cassettes, slides,
tapes, records, or other form of visual or audio
representation which are characterized by an emphasis upon
the depiction of 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 . "
The term "product line" refers to items which are all
identical, such as numerous copies of the same book or
periodical.
B . Adult Motion Picture Establishment . Shall mean a commercial
establishment with a capacity of more than 50 persons, used for
the presentation, exhibition or display of films, motion pictures,
video cassettes, slides or similar photographic reproductions
Ord. 1662 NCS 3 of 19
3
projected on a screen, which are distinguished or characterized
by an emphasis on matter depicting, describing, or relating to
"Specified Sexual Activities" or '!Specified. Anatomical Areas. " For
purposes of this ,paragraph and paragraphs 21-410.10 C, D, E,
F, G, H and M, '!substantial portion of the total presentation
time" shall mean the presentation of~: .films, shows or other
described entertainment for viewing on more than 28 days within
any 56-consecutive-day period.
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 photographic
reproductions "projected.. on a screen., and in which a substantial
portion of the presentation time is distinguished or characterized
by an emphas's on . 'm"atter depicting, describing, or relating to
"Specified Sexual Activities" or ° Specified Anatomical Areas . "
D . Adult Motion Picture Arcade . Any place to which the public is
permitted or invited wherein coin or slug-operated or
electronically, electrically or mechanically controlled still or motion
picture machines, projectors, or other 'image-producing devices
are maintained to show images, films, motion pictures, video
cassettes, slides, tapes, records or other forms of visual or audio
representation to five or fewer persons per machine at any one
time, in which. a substantial portion of the total presentation time
of the images so displayed are distinguished or characterized by
an emphasis on depicting or describing "Specified Sexual
Activities" or "Specified Anatomical Areas.
E. Adult Drive-In Theater. An open. lot or part thereof, with
appurtenant facilities, devoted primarily to the presentation of
motion ,pictures, films, theatrical productions and other forms of
visual. productions, for any form of consideration to persons in
motor vehicles or' on outdoor seats, in which a substantial portion
of the total presentation time of the material being presented is
Ord. 1662 NCS 4 of 19
4.
distinguished or characterized by an emphasis on matter
depicting, describing or relating to "Specified Sexual Activities"
or "Specified Anatomical Areas" for observation. by patrons.
F. Adult Cabaret. A nightclub, bar, restaurant or similar
establishment during which a substantial portion of the total
presentation time features live performances which are
distinguished or characterized by an emphasis on "Specified
Sexual Activities" or by exposure of "Specified Anatomical Areas"
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 Motel or Hotel . 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. Adult Theater. A theater, concert hall, auditorium or similar
commercial establishment either indoor or outdoor in nature which,
for any form of consideration, regularly features live
performances, a substantial portion of the total presentation time
of which. is distinguished or characterized by an emphasis on
"Specified Sexual Activities" or "Specified Anatomical Areas" for
observation by patrons.
I. Adult Model Studio. Any establishment open to the public where,
for any form of consideration or gratuity, figure models who
display "Specified Anatomical Areas" are provided to be observed,
Ord. 1662 NCS 5 of 19
5
sketched, drawn, painted, sculptured, photographed, or similarly
depicted by persons., other than the proprietor, paying such
consideration or. gratuity.
This provision, shall not apply to any school of art which is
operated by an :individual, frm,, association, partnership,
corporation or institution which meets the requirements
established in the Education Code of the State of California for
the issuance or conferring of, and is in fact authorized
thereunder to issue and confer, a diploma.
J. Sexual Encounter Establishment. P. 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."
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, Massage. Establishment. As used in Section 21-410 "Massage
Establishment" shall mean an establishment where, for any form of
consideration, massage is administered. For the purpose of this
paragraph, massage shall be any method of pressure and/or
friction against or stroking, kneading, rubbing, tapping,
pounding, vibrating or stimulating the exterior of any body with
the hand or with the aid of any mechanical, electrical apparatus
Ord. 1662 NCS 6 of 19
6
or appliance with or without any supplementary aids such as
rubbing alcohol, liniment, antiseptics, oils, powder, creams,
lotions, ointments or other similar preparations commonly used in
this practice. .Exceptions. As used in this section, the term
massage establishment does not apply to any of the following:
1. A medical establishment including professional offices where
massage is administered by a physician, surgeon,
chiropractor, osteopath., physical therapist, nurse or any
other person licensed to practice a healing art under the
provisions of the California Business and Professions Code
when engaging in such practice within the scope of his or
her license, or by an individual acting under the direction
and control of any of the aforelisted licensed professionals
on the premises of the medical establishment..
2. Hospital, medical clinic, nursing home, sanitarium, or other
major medical or mental facility duly licensed under the laws
of the State of California,
3. Barbershop or beauty salon where massage is limited to the
head, scalp or neck and is administered by barbers or
cosmetologists licensed under the laws of the State of
California .
4. Any school as defined in Section 21-410.12 or institution of
higher education including a community or junior college,
college or university whose course of study is approved by
the State Department of Education or Superintendent of
Public Instruction where massage is administered or taught
by authorized school employees in conjunction with athletic
training programs, training in the healing arts or other
school courses .
5. Any athletic club, health club, country club, gymnasium,
reducing salon, beauty salon, or similar establishment, were
Ord. 1662 NCS 7 of 19
7
massage is offered as an incidental or accessory service to
its primary program of sports,, exercise, athletic training,
weight reduction or beauty care. Any such establishment
shall utilize no more than 15 0 of its 'total floor area used for
the provision of facilities /services to patrons for the
provision of .massage services.
M. Other Adult Entertainment Businesses. Any other business or
commercial establishment not herein defined:
1. Wherein for 'any form of consideration the establishment
provides entertainment to patrons in which a substantial
portion of the total presentation time is characterized by an
emphasis -on d'epictirig,, describing. or relating to "Specified
Sexual Activities" or "Specified Anatomical Areas" ; or
2. Which devotes- r.~ore than 50 percent of .the total area used
for display of its stock in trade to items, instruments and
parapliernalia which are characterized by an emphasis on
depicting,. describing, or relating to "Specified Sexual
Activities. "
"L1-410.12. School
An institution of learning for minors, whether public or private, which
offers instruction in those courses of study required by the California
Education Code or which is maintained pursuant to standards set. by
the State Board of Education. Thi's definition includes a nursery
school, .kindergarten, elementary school, junior high school, senior
high. school or any special institution of learning under the jurisdiction
of the State Department of Education, but it does not include a
vocational or professional institution or an institution of higher
education, including a community or junior college, college or
university .
Ord. 1662 NCS 8 of 19
8
21-410.14. Commercial Zones
For purposes of Section 21-410, a commercial zone shall include the
following "zoneing districts" as defined in the Petaluma Zoning
Ordinance: C-H and C-C.
21-410.16. Public Park
As used in Section 21-410, any park or playground dedicated to use
for park or recreation purposes owned by, dedicated to, leased to, or
operated or maintained by the City .
21-410.18. Residential Zone
As used in Section 21-410, a residential zone shall include the
following "zone districts" as defined in the Petaluma Zoning Ordinance:
R-1, R-C, R-M-G, R-M-H, M-H, A, and residential Planned Unit
Development (P . U . D .) and Planned Community Development (P . C . D . )
21-410.20. Church
As used in Section 21-410, a church shall include any property where
a building is set apart and recognized as a site of public gathering
and worship. This shall include church operated child-care/nursery
or preschool facilities.
21-410-22. Establishment of an Adult Entertainment Business
As used herein, to "establish" an adult entertainment business shall
mean and include any of the following:
A. The opening or commencement of operation of any such business
as a new business.
B. The conversion of any existing business, whether or not an adult
entertainment business, to any other adult entertainment business
as described herein.
C. The addition of any adult entertainment business as defined
herein to any existing adult entertainment businesses if the
addition results in enlargement of the place of business. For
purposes of this paragraph, enlargement shall mean an increase in
Ord. 4662 NCS 9 of 19
the size of the building within which the business is conducted
by either construction or use of an adjacent building or any
portion thereof, whether located on the same or an adjacent lot or
parcel of land.
21-410.24. Zones for Adult Entertainment Establishments
Adult entertainment establishments are permitted only in the commercial
zone as defined in Section 21-410.14. No such establishment shall be
permitted to be established in any area outside of a commercial zone .
21-410.26. Minimum Proximity Requirements
No adult entertainment establishment shall be established within
specified distances of certain specified land uses as set forth below:
A. No such establishment shall be established within two hundred
and fifty feet of any other adult entertainment establishment as
defined in Section 21-410.10.
B. No such establishment shall be established within five hundred
feet of any school as defined in Section 21-410.12.
C. No such establishment shall be established within five hundred
feet of any public park as defined in Section 21-410.16.
D. No such establishment shall be established within two hundred
and fifty feet of any residential zone as defined in Section
21-410.18.
E. No such establishment shall be established within five hundred
feet of any church as defined in Section 21-410.20.
2.1-410..28. Measurement of Distance Between Uses
The distance between any two adult entertainment establishment shall
be measured in a straight line, without regard. to intervening
structures, from the closest exterior structural wall of each business.
The distance between any adult entertainment establishment and any
Ord. 1662 NCS 10 of 19
10
school, public park, church or residential _zone shall be measured in a
straight line, without regard to 'intervening structures, from the
closest exterior structural wall' of the adult entertainment business to
the closest property line of the school, public park, church or
residential zone.
21-410.30. Nonconforming Establishments
A. Subject to obtaining an adult entertainment establishment
conditional use permit as required by Section 21-410.36, an adult
entertainment -establishment which was established and conducting
a lawful business and lawful use of a building within this City as
of the effective date of Section 21-410, shall become a legal
nonconforming use.
B . Such establishments shall be required within 90 days of the
effective date of Section 21-410 to comply with all provisions of
Section ~ 21-41.0 excepting the .provisions of Section 21.410.24
governing zones for adult entertainment establishments and
Section 21-410.,:26 governing minimum proximity requirements for
adult entertainment establishments .
C. Such existing adult entertainment establishments may not be
enlarged as described in Section 21-410.22(C) or converted to any
other adult entertainment business as described in Section
21-410.22 (B) unless it is in compliance with all provisions of
Section 21-410 including Sections 21-410.24 and 21-410.26.
21.-410.3,2. Reg~:ulation of Signs
No adult entertainment business shall display signs as defined in
Section 21-'2Q4_ of the Petaluma Zoning Ordinance, advertising, posters,
photographs or graphic representations, in such a location as can be
viewed by persons from any public street or sidewalk that depict any
of the ;following
A . "Specified Sexual Activities . "
Ord. 1662 NCS 11 of 19
11
B . "Specified Anantomical Areas . "
21-410.34. Visibility from Street
No adult entertainment establishment shall display any stock in trade
which can be viewed by persons from any public street or sidewalk
which depicts any of the following:
A. "Specified Sexuafi Activities."
B. "Specified Anatomical Areas."
C. Instruments, artificial devices or paraphernalia which depict or
represent "Specified Anatomical Areas."
21-410.36. Adult.. Entertainment Establishment Conditional Use Permit
Required
A. Use Permit Required. It shall be unlawful for any person to
establish as defined in Section 21-410.22, or operate, or cause or
permit to be operated, any adult entertainment establishment
without first obtaining a conditional use permit as defined and set
forth in Sections 21-410.40 and 26-500 of the Petaluma Zoning
Ordinance . Such permit shall not. be denied on the basis that the
business to be established is an adult entertainment
establishment, if the establishment is in conformance with the
requirements of Section 21-410.
B. Application Deadline for Existing Adult Entertainment
Establishments . Any adult entertainment establishment which was
already established as of the effective date of Section 21-410 shall
have 90 days from the effective date of Section 21-410 to apply
for an adult entertainment establishment conditional use permit.
21-410.38. Permit Application
Ord. 1662 NCS 12 of 19
12
A. Any person, association, partnership, corporation, or other entity
desiring to obtain an adult entertainment establishment conditional
use permit shall file an application with the Community
Development ..and Planning Department on a form provided by the
Director. The application shall.. be accompanied by a
nonrefundable application processing fee in the amount established
by City Council resolution.
B. The application for a use permit shall contain the following
information
1. 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 addresses of the officers, directors, and each
stockholder owning more than 10 o of the stock of the
~` corpora:ton: 'If the applicant is a partnership, the
application .shall set forth the name and residence address of
each of 'the partners, including limited partners. If one 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 its responsible
managing officer.
2. Name, address and telephone number of the person who shall
manage and operate the establishment for which the permit is
requested. The name and address of a person authorized to
accept service of legal notices .
3. The proposed
establishment
establishment .
business name of the adult entertainment
and description of the type of adult
Ord. 1662 NCS
13 of19
13
4. Street address of the proposed adult entertainment
establishment and the assessor parcel number for the
property.
5. A plot plan for the property depicting the location of the
building housing the adult entertainment establishment on the
property .
6. If the adult entertainment establishment was in existence as
of the effective date of Section 21-410, the date the
establishment first commenced operation.
7. Any other information reasonably necessary to accomplish the
purposes of Section 21-410.
C. Referral to Other City Departments.. The Director of the
Community Development and Planning Department 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 .
D . .Action on Application . Notice and public hearing requirements
shall be as set forth in Section 26-500 of the Petaluma Zoning
Ordinance pertaining to conditional use permits.
21-410.40. Grounds for Conditional Use Permit Denial/Revocation
A. The Planning Commission shall grant the conditional use permit
.unless it is determined from a consideration of the application,
City inspection of the premises or other pertinent information
that
Ord. 1662 NCS 14 of 19
14
1. Information contained in the application or supplemental
information requested from the applicant is false in any
material detail.
2. The proposed location of the adult entertainment business
would not comp-ly with the requirements ~of Section 21-410.24
or 21-410.26. Exception : This grounds for denial is not
applicable to legal nonconforming establishments as described
in Section 21-410.30.
3. The operation of the adult entertainment business is or
would be in violation of one or more provisions of Section
21-410.
4. The premises where the adult entertainment business is or
will be located does not comply with all applicable laws,
including., but not limited to the City's Building, health,
zoning, and fire ordinances.
5. That a conditional use permit to operate the adult
entertainment establishment has been issued to the applicant,
a partner of the applicant, or a stockholder of the applicant
which stockholder owns more than 10$ of the applicant's
corporate stock, which conditional -use permit has been
suspended and the period of suspension. has .not yet ended.
B. Notice of conditional use permit denial shall be in writing and
shall state the .grounds therefore . Notice shall be personally
served on the permit applicant or mailed to his address listed on
the application form .
C. An adult entertainment conditional use permit may be suspended
for up to one year or revoked for any of the reasons specified as
grounds for conditional use permit denial in Section (A) (1-5)
above.
Ord. 1662 NCS 15 of 19
15
D . Notice of intention to suspend or revoke shall be in writing and
shall state the grounds therefore. Notice shall be personally
served or mailed to the person authorized to accept service of
legal notices as specified in Section 21-410.38(B) (2) . Any
suspension or revocation procedure shall be done as specified in
Section 26-509' of the Petaluma Zoning Ordinance.
21-410.42. Conditional Use Permit conditions
The Director of Community Development may recommend conditioning
the issuance of . an adult entertainment conditional use permit by
imposing reasonable conditions to insure compliance with the provisions
of Section 21-410, and other sections of the Petaluma Zoning Ordinance
and Municipal Code including but not limited to:
A. Regulation of signs.
B , Regulation of visib-ilty from street of the stock in trade of an
adult entertainment establishment .
21-410.44. Conditional Use Permit Valid for Specified
Location /Establishment / Permittee
Each permit issued pursuant to Section 21-410 is only valid:
A. For the permittee specified in the conditional. use permit
application .
B . For the business name for the adult entertainment establishment
listed in the conditional use permit application.
C. The specific type of adult entertainment establishment described
in the conditional use permit application .
D. The specified location described in the conditional use permit.
Ord. 1662 NCS 16 of 19
16
21-410.46. Sale or Transfer of Business
A. No conditional use permit issued pursuant to this article may be
assigned ~ or transferred without the prior written consideration
and approval of the Planning Commission. The applicant shall
apply for for a transfer on a form provided by the Director of
Community Development and Planning and . shall pay a
nonrefundable application processing fee in the, amount established
by City Council resolution. Consideration of the sale or transfer
shall be done in accordance with conditional use permit
procedures. set forth in Section 26-500 of Zoning Ordinance #1072
N.C.S. with the exception of Section 26-511 pertaining to transfer
rights .
B , Transfer of partnership or corporate ownership . An application
for approval of a transfer of a conditional use permit shall be
required prior to any change in an interest in a partnership or
ownership of ten percent (10%) or more of the stock of a
corporation to any person not listed on the application filed by
said applicant pursuant to Section 21-410.38.
C. An application for transfer of an adult entertainment conditional
use permit may be denied for any of the grounds specified for
denial of an original conditional use pe.r.mit application in Section
21-410.40. Procedures for notice of denial of a transfer and
appeal thereof shall be identical to those procedures for denial of
a conditional use permit application specified in Section 21-410.40.
21-410.48. New Conditional Use Permit Required
A. Prior to any change in the location of the adult entertainment
establishment .
B. Prior to the conversion of any existing adult entertainment
establishment to any other type of adult entertainment
establishment as described herein.
Ord. 1662 NCS 17 of 19
17
C. Prior to any change in the business name of the adult
entertainment establishment .
D . Prior to the enlargement of any existing adult entertainment as
described in Section 21-410.22 (c) .
Section 4. The City Council further finds that said Planning Commission
held a public hearing on said proposed amendments to Zoning Ordinance No.
1072 N. C, S. , on June 11, 1985 after giving notice of said hearing in the
manner, for the period and in the form required by said Ordinance No.
1072 N.C.S.
Section 5. The City Council finds that the requirements of California
Envirionmental Quality Act Guidelines Section 15083 have been satisfied and
hereby incorporates by reference the Negative Declaration approved by
Resolution No . 86-20.9N . C . S .
Section 6. The City Council hereby finds that the proposed amendments
are in general conformity with the Petaluma General Plan and any applicable
Environmental Design Plan.., and further, that the public health, safety and
general welfare will be furthered by the proposed amendments.
Section 7. Pursuant to the provisions of Zoning Ordinance No. 1072
N.C.S. , and based upon the evidence it has erceved and in accordance
with the findings made, the City Council hereby adopts amendments to said
Zoning Ordinance No. 1072 N.C.S. , hereinbefore referred to in accordance
with the recommendatino of the Planning Commission.
Ord. 1662 NCS 18 of 19
18
Section 8. The City Clerk is hereby directed to post this ordinance for the
period and in the manner required by the City Charter.
INTRODUCED and ordered posted/ this 2lstday of July 1986.
ADOPTED THI5 4th. day of August 1986, by the fo'llowng~ vote:
AYES: Davis, Sobel, Woolsey, Cavanagh, Balshaw, Vice Mayor Teneer, Mayor Mattei
NOES: N
ABSENT :
ATTEST
Pa
Ci
Ord. 1662: AICS 19 of 19
19