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Home My WebLink AboutRES NO 14-00RESOLUTION NO. ]. 4 ~' 0 O* A RESOLUTION CONFIRMING THE SEPARATION AND DISTANCE REQUIREMENTS WITHIN BAKERSFIELD MUNICIPAL CODE SECTION 17.69.040 WHEREAS, the primary purpose of Bakersfield Municipal Code, Chapter 17.69 is to deconcentrate and to prevent the concentration or clustering of adult entertainment businesses in any one area within the City of Bakersfield; and WHEREAS, Section 17.69.040 of the Bakersfield Municipal Code sets forth the separation and distance requirements for adult entertainment businesses from residential zones (1,500 feet), schools (1,500 feet), parks (1,500), religious institutions (1,500 feet), and other adult entertainment business (1,000 feet); and WHEREAS, the City Council for the City of Bakersfield requested staff re-survey the City to determine whether the current separation and distance requirements provided for under Section 17.69.040 of the Bakersfield Municipal Code allow for a reasonable number of available sites for adult entertainment businesses; and WHEREAS, staff has completed the re-survey study and identified all potential sites in accordance with Section 17.69.040 of the Bakersfield Municipal Code, and has determined that in addition to the three (3) currently existing sites, no fewer than ten (10) additional sites are available for adult entertainment business development; and WHEREAS, a true copy of said study and methodology of conducting said study is attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, the City Council finds this Resolution to be necessary to preserve the City from the potential secondary effects of adult businesses including crime, the protection of the City's retail trade, the prevention of the blighting of neighborhoods and the maintenance of property values, protecting and preserving the quality of the City's neighborhoods and the City's commercial districts, the protection of the City's quality of life, the increased threat of the spread of sexually transmitted diseases, and the protection of the peace, welfare and privacy of persons who patronize adult businesses; and WHEREAS, the City Council, in adopting this Resolution, takes legislative notice of the existence of detailed studies prepared by other jurisdictions regarding the social and economic secondary effects on persons and properties surrounding established adult use facilities. The City Council finds the following statements to be true, in part, based on its understanding of the experiences of various jurisdictions: Page 1 of 4 1. Crime rates tend to be higher in residential areas surrounding adult uses than in commercial or industrial areas surrounding adult use uses; 2. Crime rates in areas where adult uses are closely situated to each other tend to be higher than in areas in which adult uses are separated from each other; 3. Areas within close walking distance of single and multiple family dwellings should be free of adult uses; 4. Adult uses should be located in specific areas of the City which have physical barriers from sensitive uses such as residences, parks, religious institutions and schools; 5. The image of the City of Bakersfield as an attractive place to reside will be adversely affected by the presence of adult uses in close proximity to residential uses, schools, parks, and religious institutions; 6. The existence of adult uses in close proximity to residential areas has been shown in some cities to reduce the property values in those residential areas; 7. A reasonable regulation of the location of adult uses protects the image of the community and its property values and protects its residents from the adverse secondary effects of adult uses while providing those who desire to patronize adult uses an opportunity to do so in appropriate areas in the City; 8. There is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by adult uses, including, but not limited to, an increase in the crimes of namotics distribution and use, prostitution, pandering, and violence against persons and property. There is further evidence indicating that portions of the referenced criminal activity is linked to the owners and operators of adult uses; and 9. Regulations for adult uses should be developed to prevent deterioration and/or degradation of the vitality of the community before the problem exists, rather than for problems to be created; and WHEREAS, the City Council recognizes the possible harmful effects on children and minors exposed to the effects of adult uses and the need and desire to ensure that children and minors are not exposed to such uses; and WHEREAS, the location requirements of the Municipal Code do not unreasonably restrict the establishment or operation of constitutionally protected adult uses in Bakersfield, and a sufficient reasonable number of alternative locations for adult uses are provided, in addition to the three (3) adult businesses properly currently located and operating in the City of Bakersfield. Page 2 of 4 NOW, THEREFORE, BE IT RESOLVED, incorporating the above recitals herein, by the Council of the City of Bakersfield as follows: 1. That the in-house study completed by staff and attached hereto as Exhibit "A" is accepted. 2. That the current separation and distance raquiraments as set forth in Section 17.69.040 of the Bakersfield Municipal Code provide for a reasonable number of available sites for adult entertainment businesses within the City of Bakersfield. ---ooo00ooo-- Page 3 of 4 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on FEB 2 3 ZOO0 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGOIO COUNCILMEMBER ~,~ O~ COUNCILMEMBER ~-] ~ COUNClLMEMBER i'4 APPROVED FEB 23 ZOO0 CITY CLERK and Ex Officio/~lerk of the Council of the City of BakerSfield ~'OB PR Mayor APPROVED AS TO FORM: BART J. THILTGEN City Attorney~ I~uty ~AEttorney Attachment - Exhibit "A" S:\COU NClL~Resos~Adult Ent. SiteSurvey February 11, 2000 Page 4 of 4 MEMORANDUM January 24, 2000 EXHIBITNO, TO: BART THILTGEN, CITY ATTORNEY FROM: ~'~STANLEY GRADY, PLANNING DIRECTOR SUBJECT: METHODOLOGY USED IN SURVEY TO UPDATE THE ADULT ENTERTAINMENT PROHIBITION RADIUS MAP ; The information contained in this memorandum describes the process used to conduct a field study and prepare graphics concerning available sites for adult entertainment businesses. PHASE I In August of 1999, staff conducted field surveys to update the geocoded map designating the areas of prohibition for future location of adult oriented businesses defined in Title 17 of the Bakersfield Municipal Code. The following describes in a general fashion the methodology used to complete a practical update of the map. Used the existing radius map, drove the mostly commercially-zone areas to verify whether the marked locations of defined foci, including churches, was still current. Special focus on developed industrial park areas to verify current locations of church uses, and identify new churches. Made note of the new downtown school site, which required the addition of a new radius area within the central business district. In outlying areas, particularly in the northwest and southeast adjacent to City limits and unincorporated area, made "windshield" surveys to determine the recent development status of such areas, and to determine the extent of presently existing County residentially zoned and developed areas around the city fringes. City of Bakersfield Police Department provided list of current adult oriented bUsinesses. PHASE II The updated map was prepared using computer software designed for Geographic Information Systems (G.I.S.) mapping applications. Data resources included the original adult entertainment map document, which was prepared in an electronic format, field survey work used to provide available data sets updated information (see Methodology Used in survey), and other to paSide~ ~;~'a'"rov -~ described below. The original data was imported directly into the G.I.S. program working template. The steps used to develop the map were as follows: Bart Thiltgen January 24, 2000 Page Three To determine parcels that may be utilized, same criterion was applied to the theme described in Step 11; all parcels (or portions of parcels) greater than 4,000 square feet were selected. A visual search of the selected parcels was made to determine if adequate access was available and if the parcels were of a reasonable shape to constitute potential for development. A separate theme was created from the results. The final product contains themes (as seen in the legend of the map) that identifies the following pertinent information: Existing adult businesses Areas precluding adult businesses (based on 1,500 feet criteria outlined in S?,ction 17.69.040 of the Municipal Code) 1,000 foot radiuses around existing adult businesses Adult businesses excluded by zoning (Step 6) Adult businesses not precluded Potential parcels SG:pah CC: Jack Hardisdy, Development Services Director Virginia Gennaro, Deputy City Attomey II S:buck nord ORI.q~N4~L Study Map City of Bakersfield Adult Businesses