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HomeMy WebLinkAboutORD NO 2877ORDINANCE NO. 28~ NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.22.020 B. AND ADDING CHAPTER 17.69 TO THE BAKERSFIELD MUNICIPAL CODE RELATIVE TO ADULT ENTERTAINMENT ESTABLISHMENTS. WHEREAS, at a hearing on the adult entertainment zoning ordinance, set forth below, held by and before the Council of the City of Bakersfield on September 14, 1983, pursuant to published notice thereof, the Council heard testimony from the C~ty's Economic Development Coordinator which established, and this Council hereby finds, the following: (a) Sociologists and urban planners have determined that any concentration of adult entertain- ment establishments, as defined hereinbelow, leads to deterioration of surrounding neighborhoods; (b) A review of property values, investments in upgrading and rehabilitation, returns on invest- ments, vacancy rates, rental rates, and types of uses in the area in the City in which adult entertainment establishments are concentrated has established the comparative blight of that area and the threat of deterioration infecting surrounding neighborhoods; (c) Dispersal of such establishments is the most appropriate means for preventing deterioration of surrounding neighborhoods; and~ (d) The criteria of proposed Chapter 17.69 limit- ing the locations of adult entertainment establishments are such as to allow all existing adult entertainment establishments to relocate within the City and first reading having been given such ordinance at the close of such hearing. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 17.22.020 B. of the Bakersfield Municipal Code is hereby amended by adding thereto subsection 32 to read as follows: 17.22.020 B. 32. Uses Permitted. Adult entertainment establishments as defined in Section 17.69.020 and subject. to the regulations of Chapter 17.69. SECTION 2. Chapter 17.69 is hereby added to Title 17 field Municipal Code to read as follows: of the Bakers- Sections: 17.69.010 17.69.020 17.69.030 17.69.040 17.69.050 17.69.060 17.69.070 17.69.080 Chapter 17.69 ADULT ENTERTAINMENT ESTABLISHMENTS Purpose. Definitions. Restricted to commercial zones. Separation and distance requirements. Non-conforming adult entertainment establishments Discontinuance required within one (1) year. Exterior display. Conditional use permit required for new establishment. Regulations non-exclusive. 17.69.010 Purpose. It is found, and experience has demonstrated, that. certain adult-oriented businesses, because of their very nature, are recognized as having operational characteristics which have a deleterious effect upon adjacent residential and commercial areas particularly when located in immediate proximity to one another. The concentration o~ such uses substantially contributes to blight- ing and downgrading ad3acent residential and commercial areas. Special regulation of these businesses is necessary to preserve the integrity o~ existing commercial areas of the City and of residential areas in close proximity to such commercial areas. In furtherance of the public interest and general welfare, the primary purpose of this Chapter is to prevent the concentration or clustering of these businesses in any one area and the location of such businesses in proximity to sensitive other uses. 17.69.020 Definitions. It is the purpose of this section, together with its subsections, to provide clear and concise definitions of those words, terms and phrases most commonly utilized in the regulations and provisions of this Chapter, in order to assist in the uniform interpretation of those regulations and provisions and to insure uniformity in their application. A. "Adult entertainment establishment" means any adult bookstore, adult motion picture theater, adult mini-motion picture theater, adult motion picture arcade, adult cabaret, adult theater, adult model studio, body painting studio and any other business involving "specified sexual activities" or display of "specified anatomical areas." B. "Specified anatomical areas" means and includes any of the ~ollowing: (a) less than complete and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point above the top of the areola; or (b) human male genitals in a discernibly turgid state, even if completely or opaquely covered. C. "Specified sexual activities" means and include any of the following: (a) the fondling or touching of human genitals, pubic regions, buttocks, anus, or female breasts; or (b) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; (c) masturbation, actual or simulated; or or (d) excretory functions as part of, or in connection the activities set forth in "a" through "c" above. "Adult bookstore" means any establishment selling with, any of D. or renting books, magazines, periodicals or other printed matter, photographs, films, motion pictures, slides, tapes, video cassettes, records or any other forms of visual or audio representation twentyfive percent (25%) of which, by number, are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas". E. "Adult motion picture theater" means any establish- ment, with the capacity of fifty (50) or more persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown and in which twenty-five percent (25%) or more of the total presentation time is devoted to the showing of material whose dominant or predominant character and theme is the depiction of "specified sexual activities" or "specified anatomical areas" for observation by patrons. F. "Adult mini-motion picture theater" means any establishment with a capacity of more than five (5), but less than fifty (50) persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, in which twenty-five percent (25%) or more of the total presentation time is devoted to the showing of material whose dominant or predominant character and theme is the depiction of "specified sexual activities" or "specified anatomical areas" for observation by patrons. G. "Adult motion picture arcade" means any place to which the public is permitted or invited wherein coin or token- operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five (5) or fewer persons per machine, at any one time, and where the dominant or predominant character or theme of the images so displayed is depiction of "specified sexual activities" or "specified anatomical areas." H. "Adult cabaret" means any nightclub, bar, restaurant, or similar establishment which, as a preponderance of the entertainment presented, features: (a) live performances which are distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas"; and/or (b) films, motion pictures, video cassettes, or slides or other photographic reproductions whose dominant or predominant character and theme is the depiction of "specified sexual activities" or "specified anatomical areas" for the observation by patrons. I. "Adult theater" means any theater, concert hall, auditorium, or similar establishment, either indoor or outdoor in nature, which for any form of consideration and as a preponderance of the entertainment presented, features live performances whose dominant or predominant character and theme is emphasis on "specified sexual activities" or exposure of "sDecified anatomical areas" for observation by patrons. J. "Adult model studio" means any establishment open to the public where for any form of consideration or gratuity, human models who display "specified anatomical areas" are provided to be observed, sketched, drawn, painted, sculpted, photographed, or otherwise depicted by persons other than the proprietor paying such consideration or gratuity. This provision shall not apply to any school of art, a firm which is operated by an individual, firm, 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 a diploma. K. "Body painting studio" means any establishment or business which provides the service of applying paint or any other substance, whether transparent or not, to or on 'the human body when such body is wholly or partially nude in terms of "specified anatomical areas". L. "Church" means any institution which people regularly attend to participate in or hold religious services, meetings and other activities. The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held. M. "Public library" means any publicly owned building open to the public and given over to the collection of books, manuscripts, and other reference, artistic, or musical materials, kept in convenient order for public use but not for sale. N. "Public park" means an area publicly owned and dedicated as a park, whether developed or not. O. "Residentially zoned property" means property in an R-l, R-S, R-S-1A, R-S-2.5A, R-S-5A, R-S-10A, R-2, R-3, R-4, RH, or P.U.D. zone. P. "School" means any institution of learning whether public or private, which offers instruction in those courses of study required by the California Education Code or which is main- tained pursuant to standards set by the State Board of Education, including any nursery school, kindergarten, elementary school, junior high school, senior high school, community or junior college, or any special institution of learning under the jurisdiction 6 o of the State Department of Education, but it does not include any vocational or professional institution, four-year college or university. Q. "Youth and family activity center" means any facility used primarily for youth or family oriented physical or social activities and operated by an incorporated non-profit organization. 17.69.030 Restricted to commercial zones. Notwithstanding any provision to the contrary in this title, no adult entertainment establishment shall be establislhed, expanded or conducted except in a C-2, C-3 or P.C.D. zone and then shall conform to the regulations contained in this Chapter. 17.69.040 Separation and distance requirements. A. No adult entertainment establishment shall be established, expanded or conducted within 500 feet of .any church, any school, any public library or public park, or any youth and family activity center, or within 1000 feet of any residentially zoned property or of any other adult entertainment establishment. B. The distance between any two (2) adult entertainment businesses 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 business and a church, school, public park or other designated institution, or residentially zoned property shall be measured in a straight line without regard to intervening structures from the closest exterior structural wall of the adult entertai~nment business to the closest property line of the church, school, public park or residentially zoned property. 17.69.050 Non-conforming adult entertainment establishments - Discontinuance required within one (1) year. A. Within one (1) year after the effective date of the ordinance enacting this Chapter, all adult entertainment establishments not in full compliance with the requirements of Section 17.69.040 shall be discontinued and shall cease operations or shall be brought into full conformance with the provisions of this Chapter; provided, however, that any such establishment may continue operations for up to two (2) additional years upon the granting of a conditional use permit pursuant to the provisions and procedures of Chapter 17.64. Notwithstanding the provisions of section 17.64.070 E., such a permit shall be granted for a period of time up to two (2) years if the applicant for such permit presents clear and convincing evidence that the operator of the establishment is obligated by written lease on the premises for such additional period (provided such lease was executed on or before thirty (30) days prior to the effective date of the ordinance enacting this Chapter) or that such additional period is necessary, as a result of investment in the leasehold or improvements thereon, to prevent undue financial hardship to the operator. B. Any person possessing ownership or control of an adult entertainment establishment which is located on property zoned C-2, C-3 or P.C.Do as of or after the effective date of the ordinance enacting this Chapter whose property is subsequently rezoned to other than a C-2, C-3 or P.C.D. zone shall discontinue operations and close down the adult entertainment establishment within one (1) year from the effective date of the ordinance rezoning the property, provided that an additional two (2) years by conditional use permit shall be granted upon the showing required therefor under subsection A. of this section. C. Any person possessing ownership or control of an adult entertainment establishment which is located on property zoned C-2, C-3, or P.C.D. and which is not within 1000 feet of any residentially zoned property or any other adult entertainment establishment or within 500 feet of any church, any school or any public park as of the effective date of the ordinance enacting this Chapter, shall discontinue operations within one (1) year of the date any property within 1000 feet becomes residentially zoned property, or any church is opened for use, any school begins a course of instruction for students, or public park is dedicated on property within 500 feet of such adult entertainment establishment, provided that an additional two (2) years by conditional use permit shall be granted upon the showing required therefor under subsection A. of this section. 17.69.060 Exterior display. No adult entertainment establishment shall be conducted in any manner that permits the observation of any material depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window, or other opening. 17.69.070 Conditional use permit required for new establishment. A. NO adult entertainment establishment shall be opened estaDlished or relocated except upon the granting of a conditional use permit therefor in accordance with Chapter 17.64 of this Title. B. Any adult entertainment establishment operating and holding a current City business license as of the effective date of the ordinance enacting this Chapter shall be exempt from the provisions of subsection A. of this section tor purposes of relocation to comply with the requirements of Sections 17.69.030 or 17.69.040A. Such exemption shall expire one (1) year from the effective date of ordinance enacting this Chapter. 17.69.080 Regulations non-exclusive. The regulations set forth in this Chapter are not intended to be exclusive and compliance therewith shall not excuse non- compliance with any other regulations pertaining to the operation of adult entertainment establishments set forth elsewhere in this Code. SECTION If any provision or clause of this Chapter or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other ordinance provisions~ clauses or applications thereof which can be implemented without the invalid provision, clause or application, and to this end the provisions and clauses of this Chapter are declared to be severable. SECTION 4. The City Council has considered the initial study with respect to the matter above described. The City Council has, as a result of its consideration and material presented at the hear- ings on said matter, determined that the negative declaration proposed and posted as a result of said initial study is appropriate and hereby ~inds that said negative declaration has been prepared and considered in accordance with the requirements of the California Environmental Quality Act and does hereby approve said negative declaration. SECTION 5. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date o~ its passage. .......... o0o .......... 10. I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 2~th day o~ September , 1983, by the following vote: A'J'[S= COUNCiLMIeN: BARTOF,I, C~RJSTENSEN, MEANS, PAYNE, RA'I"I'Y, ROCKOIl: CZT¥ CLB~K~and ~.:~Of:l:'i¢io CZe~'~P, o[ the Council of the City of Bakersfiela APPROVEF~,this 28'5h day of September 1983 -c:~...-'c...~.~ /.... x ':'/ ~-~.Of//the City of BakerSfield APPROVED as to form: CItY ATTO~EY of t~City of Bakersfield AJS/mro/bl /kda 6/21/83 9/22/83 11. Aff av of os ng r naa es STATE OF CALIFORNIA, t County of Kern ss. PHILIP KELMAR, being duly sworn, deposes and says: That he is the duly aplminted, acting and qualified City Clerk of the City of Bakersfield; and that o~ ......................0_..q.~_~.~..~..V__.....~ ................................................................., 19....~. he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ..................~.~..~..~...m...~..~...r..._..~.~. ................................., 19..~_., which ordinance was numbere~.....f~..~.~. .............................New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.22.020 B. AND ADDING CHAPTER 17.69 TO THE BAKERSFIELD MUNICIPAL CODE RELATIV~ TO ADULT ENTERTAINMENT ESTABLISHMENTS. C~/ty Clerk Subscribed and sworn to before me this 5th day of October ,19 8~.