HomeMy WebLinkAboutOrd 2014-3316 ORDII�'.4NCE NO. 3316
ORDL\.4?vCE OF THE CITI' OF CHULA VISTA AI�4ENDL�'G
TITLE 19 OF THE CHUL.A VIST.A A4UTICIPAL CODE
REGULATING PLA_�?�LNG .A.I�'D ZONII�'G
W"I-IEREAS. the Cit� of Chula \'ista has cenain permitting pro��isions found in Title
19 for se�uall�� oriented businesses that are in need of updatine and refinement. The Citv
Council ta4:es leoislative notice of the full complement of supporting evidence as to the
secondarv effects of seauallv oriented businesses. Accordinah. the Cirv makes the follo�vine
findinss and enactments. �
NOVJ. THEREFORE the Citv Council of the Cit�� of Chula Vista does hereb��
ordain as folloN�s:
SECTION 1. FINDINGS.
A. 7he Citv of Chula Vista has cenain pro��isions found in Title 19 relatins
to plannine and zonine for sesuall�� oriented businesses that aze in need of refinement. The
Citv Council finds that it is necessaz}� and appropriate to amend Title 19 to add, refine and
update the provisions relatine to planning and zonine standazds for adult businesses
� operating within Chula ��ista�The public health. safety and ��•elfare of the City and its
residents require the enactment of this Ordinance in order to: (1) mitigate and reduce the
judicialh� recoenized potential adverse secondarv effects of se�uallv oriented businesses,
induding but not limited to crime, the prevention of bli2ht in neighborhoods and the
increased threat of the spread of sexualh� transmitted diseases; (2) protect the quality of life
and neighborhoods in the City, the Cit�-'s retail and commercial trade, a�d local property
values; and minimize the potential for nuisances related to the operation of sexuallti� oriented
businesses; and (3) protect the peace. �+�elfare and privac}� of persons ��ho o���n. operate and/or
patronize sexuall}�oriented businesses.
B. The Cit�� Council finds that the re��isions to the Cit� s A4unicipal Code
implemented b�� this Ordinance aze necessaz�� in order to respond to recent de��elopments
N�ithin the reeulation of adult uses and case la��= and in order to presen�e the Citv from
the potential adverse secondarv effects of sesually oriented businesses. including crime; the �
protection of the Cit.�`s retail trade, maintenance of propem ��alues, protectine and
presen�ino the qualit}� of the Citv's neiehborhoods and the Cit. s commercial districts: and
the protection of the Cit��'s quality of life, based on the referenced studies and the
findings set forth herein. Specificallv; the revisions and amendments to n9unicipal Code
Title 19 included in this Ordinance are essential and necessar�� to ensure the orderl}� land
use reeulation as to se�uall} oriented businesses uses ���ithin the Cit}� and thereby protect
the public peace; safet�� and eeneral welfare in the Citv of Chula Vista.
C. On Julv 8, 2014. the Cit�� Council held a public meetine durine which ii
considered the adoption of this Ordinance.
Ordinance No. 3316
Page No. 2
D. The Citv Council; in adopting this Ordinance, takes legislative notice of the
existence and content of the folloH�in� studies concernine the adverse secondazv side effects
of se�ualh� oriented businesses in other cities: .Austin. Texas (1956); Indianapolis, Indiana
(1984): Garden Gro��e, Califomia (1991); Seattle. Washineton (1959); Houston. Te�as
(1997); Phoeni�. Arizona (1979); Tucson, Arizona (1990); Chattanooga, Tennessee (2003):
Los Aneeles. California (1977): �'hittier, California (1978); Spokane. Washincton (2001);
St. Cloud, Minnesota (1994); Littleton, Colorado (2004); Oklahoma City, Oklahoma (1986):
Dallas; Texas (1997 and 2007); Ft. VJorth, Teaas (2004); Kennedale, Texas (2005);
Greensboro, North Carolina (2003); Amarillo, Texas (1977); Cleveland; Ohio (1977);
Newport News; Virginia (1996): Jackson County, 1�4issouri (2008); Louisville, Kenmcky
(2004); New York, Neti� York Times Square (1994); Beaumont, Texas (1982); the Report
of the Attorney General's Working Group On The Regulation Of Sexually Oriented
Businesses (June 6; 1989, State of Minnesota); A Methodological Critique of the Linz-Paul
Report: A Report to the San Diego Cit}� Attorne}�`s Office (2003); Summaries of F:ev
Reports Concerning the Ne�ative Secondarv Effects of Seaually Oriented Businesses, b}�
Louis Comus III (2001). The Cit�� Council finds that these studies are relevant to the
problems addressed bv the Cit}� in enactin� this Ordinance to reeulate the adverse secondarv
side effects of se�uallv oriented businesses; and more specifically finds that these studies
provide com�incin� e�idence that:
1. Seaually oriented businesses, as a category of commercial uses, are
associated with a �i-ide variety of adverse secondary effects including, but not limited to,
personal and property crimes, prostimtion, potential spread of disease, lewdness, public
indecency, obscenitv, illicit drug use and drug trafficking, negative impacts on surrounding .
properties; urban blight litter; traffic, noise, and sesual assault and ezploitation.
2. The studies from other cities establish by convincing evidence that
se�ually oriented businesses that are not reeulated with operating standazds often ha��e a
deleterious effect on nearbv businesses and residential areas, causine, amon� other
adverse secondar}� effects, an increase in crime and a decrease in property values.
Reeulations for se�uallv oriented businesses should be developed to prevent deterioration
and/or deeradation of the vitalit�� of the communit�� before the problem esists, rather than
waitine for problems to be created.
E. In developing this Ordinance; the City Council is mindful of leQal
principles relating to regulation of se�ually oriented businesses, and the City Council does
not intend to suppress or infringe upon any e�pressive acti��ities protected by the First
' Amendment of the United States and California Constitutions but instead desires to enact
reasonable time, place, and manner regulations that address the adverse secondary effects
of se�uall�� oriented businesses. The Cit�� Council takes lecislati��e notice of the:
l. Decisions of the United States Supreme Court regardine local
regulation of se�ually oriented businesses including, but not limited to: Cin� of Li�ileron v.
Z..1. Gifis D-a. L.L.C., �4] U.S. 774 (2004); Ci�}- �f Los Anceles r. .9lamedu Books. Irzc., �3�
U.S. 42� (2002); Cin- of Er-ie i>. Pup's .A.A4.. �29 U.S. 277 (2000): Ci�v of Renton v.
Plui��ime Theun-es, h7c., 47�U.S. 41 (1956); Yota�g r. Americun �14ini Tlaeuh�es. 427 U.S. �0
(1976); Burr�es r. Gler� Tl�ean�eJr�c.. �O1 U.S. �60 (1991): Califorriiu i�. LuRue. 409 U.S. 109
(1972); N.}'. Sta�e Liyuor .9uihorih� i�. Bel/uncu. -1.i2 U.S. 714(1981):Sci+�ell v. Georgia. 4.i�
U.S. 982 (1978): FN'/PBS. h�c. r. Cih� of DaAas, 49� U.S. 215 (1990); Ciry of Dallas
r.,Slunglin. 490 U.S. 19 (1989).
Ordinance No. 3316
Page No. 3
2. Decisions of the Ninth Circuit Court of Appeals addressin� sexuallv
oriented businesses includine but not limited to: .4lamedu Boo/s. Inc. i�. Crn� of Los _Angeles,
631 F3d 1031 (9th Cir. ?O11); Fantasvland I%ideo. Inc i. Counrv of San Diego. �0� F.3d
996 (9th Cir. 2007); Tollis. Inc. r. Counn- of San Diego. �0� F3d 93� (9th Cir. 2007);
Gammoh r. Cin� ofLa Habra, 39� F3d 1114 (9th Cir. 200�). amended 402 F3d 87�, cerr.
denied 126 S.Ct. 274: N''orld K''ide hideo of 4i'"ashington. Inc. r. Ciry of Spokane; 368 F.3d
1186 (9th Cir. 2004); Dream Palace r•. Counn� of A�uricopu. 384 F3d 990 (9th Cir. 2004);
Talk of the Tox n r. Department of Finance and Busrness Sen�ices, 343 F.3d 1063 (9th Cir.
2003): Deja T%u-Everen-Federul !d%uv. Inc. r. Citr of Federal !�'ay. 46 Fed.Appa. 409 (9th
Cir. 2002); Gark r. Cirv of Lake�r•ood, 2�9 F.3d 996 (9th Cir. 2001); Isbell r. Citv of San
Diego; 2�8 F.3d 1108 (9th Cir. 2001); Isbell i. Cin+ of San Diego. 4�0 F.Supp.2d 1143 (S.D.
Cal. 2006): Dianrond r. Cin, of Taft. 21� F3d 10�2 (9th Cir. Z000), cert. denied �31 U.S.
1072 (2001); L.J Concepts. Inc. r. Cih= of Phoenix, 21� F.3d 1333 (9th Cir. 2000); Lim i�.
Citr of Long Beach. 217 F3d 10�0 (9th Cir. 2000): cer�. denied 121 S.Ct I 189 (2001); }`oung
v. Cin, of Sinrr Valley. 216 F.3d 807 (9th Cir. 2000), cer�. denied �31U.S. 110� (2001); 480.i
Convoy. Inc. v. Cin� of San Diego. 183 F.3d 1108 (9th Cir. 1999); A�orthr. Ciry of Grlrov, 78
F.3d �94 (9th Cir. 1996): Spokane .Arcade. Inc. r. Cin� of Spohane, 7� F.3d 663 (9th Cir.
1996); Topanga Press, bic. r. Citv of Los Angeles; 989 F.2d 1�24 (9th Cir. 1993). ceri.
denied �11 U.S. 1030 (199�); Kei�. Iric. r. kitsap Counn�, 793 F.2d ]0�3 (9th Cir. 1986):
and Li�do En�. r. Las !%egas; 74� F.Zd 12ll (9th Cir. 1984).
3. Decisions of the State of Califomia addressine sexuall�� oriented
businesses including: A�adain r. Ciry of Slanton. 18� Cal.App.4th 1277 (2010); lironta v. Citv
of San Diego, li6 Ca1.App.4th 1126 (2006); Lacv Street Hospitalrry Sen ice, Inc. v. Cin�
of Los.4ngeles. 12� Cal.App.4th �26 (2004); Department of.9lcoholic Beverage Control v.
,Alcoholic Bei-erage Control .Appeals Board and Renee i%ican+. Real Parry rn Interest. 99
Cal.App.4th 880 (2002); Tili� B.. bac. i�. Cih- of\re�+por1 Beach. 69 CaLApp.4th 1 (1998);
Sundance Saloon. L�c. i�. Cin� of Son Diego, 213 Ca1.App.3d 807 (1989); 7978 Corporution i�.
Pi�chess. 41 Cal.App.3d 42 (1974); Deluxe Theater d Bookslore. Inc. r. Ciry of Sa�t
Drego, 17� Ca1.App..id 980 (195�); E. Yt!A.P.. Inc. r. Cin� of Los .9ngeles, �6 Ca1.App.4th
310 (1997); Crry of I�ullejo r. Adulr Books, 167 Ca1.App.3d 1169 (198�). cert. denied 47�
U.S. ]064 (1986); Ciry of ?�'ational Cin� i�.14�7ener. 3 Cal.4th 832 (1992). cert. denied �10
U.S. 82�; and Peop(e i�. Superior Cour� (Lucero),49 Cal3d 14 (1959).
F. The neeati��e secondarv effects from sexuall�� oriented businesses
constirutes a harm ���hich the Cit� has a substantial government interest in preventins
and/or abatine. This substantial eo��emment interest in preventine secondaz� effects, which is
the Citq s rationale for this Ordinance. exists independent of an�� comparative analvsis
bet�+�een sesualh� oriented and non-sesuallv oriented businesses. Additionallv. the Cit��`s
interest in reeulating sexualh� oriented businesses e�tends to pre��entine fumre secondar��
effects of either current or future sexuall� oriented businesses that ma�� locate in the
Citv. The Citv finds that the cases and documentation relied on in this Ordinance aze
reasonabl�- belie��ed to be rele��ant to said secondar�� effects. The Citv aQain refers to the
record of cases and documentation relatins to secondarv effects associated �vith se�ualh�
oriented businesses �vhich remain on file in connection ���th Ordinance Nos. 3239 and
3241 «hich �+�ere adopted b�� the Cin� in No��ember 2012.
Ordinance fJo. 3316
Page No. 4
G. Locational criteria aze a leeitimate and reasonable means of ensurine that
adult businesses aze conducted in a manner so as to minimize their adverse secondaz�-
effects and thereb�� protect the health; safety, and N�elfare of the Cit��'s residents, protect
citizens from increased crime, preserve the quality of life. preserve property values and
the character of surroundine nei;hborhoods and businesses, and deter the spread of urban
blight. The locational requirements contained in this Ordinance do not unreasonabl�� restrict
the establishment or operation of constitutionally protected adult businesses in Chula
Vista and a sufficient and reasonable number of alternative locations for adult businesses
are provided by this Ordinance. The City Counci] tahes legislative notice of the United States
Supreme Court decision in Renton that requires that adult businesses be provided a reasonable
opportunity to open and operate. The Citv Council also takes legislative notice of the I�'inth
Circuit's decisions in Topungu Press, Lim and Isbell with respect to availability of sites
for adult businesses and finds that under the distance and locational restrictions imposed
b�� this Ordinance there are sufficient sites available for adult businesses ��ithin Chula Vista.
H. Relyins on the follo��ing; the Cit�� finds that sexually oriented businesses in
its community may lead to detrimental secondazy effects including prostimtion and
engagement in unlaN�ful seaual activity. The City bases this conclusion on the experiences
of Chula Vista. as well as that of other Califomia communities, such as La Habra and
Arcadia, which the Cit}� has a reasonable basis to believe reflect the e�periences of its o�im
community; includin� numerous police reports and affidavits from those communities, and
judicial decisions in the public record:
]. Evidence indicates that some dancers. models, entertainers.
performers, and other persons «�ho publicly perform specified seaual activities or publicl}�
displa�- specified anatomical areas in sexually oriented businesses (collectiveh� referred to as
"performers°) ha��e been found to engage in sexual activities with patrons of se�uall}�
oriented businesses on the site of the sexually oriented business.
2. Evidence has demonsvated that perfonners employed by sexuall}�
oriented businesses have been found to offer and provide private shows to patrons who; for
a price, are permitted to observe and participate with the performers in live se� shows.
3. E��idence indicates that performers at seaually oriented businesses
have been found to engage in acts of prostimtion ti�ith patrons of the establishment.
4. E��idence indicates that fully endosed booths; indi��idual ��ie��ing
areas. and other small rooms N�hose interiors cannot be seen from public areas of the
establishment regularl}� have been found to be used as locations for engaging in unla�vful
sexual activitv.
�. As a result of the above, and the increase in incidents of HIV. AIDS.
and hepatitis B, N�hich are sexually transmitted or blood bome diseases, the City has a
substantial interest in adopting regulations that will reduce the possibilitv for the occurrence
of prostitution and unlawful se� acts at sexually oriented businesses in order to protect the
health, safetv, and well-bein� of its citizens. The City finds this is rele��ant to Chula Vista
and the need to reeulate the secondar�- effects of seaually oriented businesses �+�ithin the
communit��.
Ordinance No. 3316
Page No. 5
I. The Cit�� Counci] recoenizes and relies on the findines set forth in the
1986 .Attomev General s Report on Pomo=raph}�. .A cop}� of the .4ttorne�� General`s Report
on Porno�aph.� is available for public re�iew at the Cin Clerk`s office.
J. The Cit�� Council recognizes the possible harmful effects on children and
minors exposed to the effects of sexuall}� oriented businesses and recognizes the need to
enact rewlations «�hich ���ill minimize and/or eluninate such exposure. The Cit�� Council tal;es
legislative notice of the Penal Code pro��isions authorizins loca] go��emments to rewlate
matter that is harmful to minors (i.e., Penal Code § 313 et seq.). l�he Cit�� Council
further tal:es leeislative notice of the cases that recognize that protection of minors from
sezualh elplicit materials is a compelling ao�emment interest. including Cratirjord r.
Luno en. 96 F.3d 380 (9th Cir. 1996): cert. denied �20 U.S. 1117 (1997) and Bern> r.
Cin, of Smita Borbora, 40 Ca1.App.4th 107� (199�).
K. While the Cit�� Council is oblieated to protect the riehts conferred by the
Linited States Constitution to sexuall�� oriented businesses. it does so in a manner that
ensures the continued and orderh� use and development of propert}� �rithin the Citv and
diminishes. to the ereatest e�tent feasible. those undesirable adverse secondaz�� effects �+�hich
the above mentioned studies ha��e shoti�n to be associated ���ith the operation of sexuall��
oriented businesses.
L. . Zonins and locational restrictions are a leeitimate and reasonable means of
helping to reduce the secondar}� effects from sexuallv oriented businesses and thereby protect
the health, safet}�_ and H�elfare of Chula Vista residents, protect citizens from increased
crime, preserve the qualit�� of life, and preserve the character of surroundine neiehborhoods
and businesses, and deter the spread of urban blight. The zonine and locational requirements
contained in this Ordinance do not unreasonablv restrict the establishment or operation of
constitutionall}�protected sexuall��oriented businesses in Chula Vista.
?�4. The Cit}� Council in recoenizing that these standards do not preclude
reasonable altemative avenues of communication and notes that the proliferation of sesuallv
oriented material on the Internet, satellite television, direct television, CDs; DVDs; all provide
altemative avenues of communication. Additionall��. the Cit�� Council tal:es note that
numerous n�eb-based services. such as H��+�sueazdvd.com and �������.�+�antedlist.com, deliver
adult ��ideos and DVDs directl�� to customers' homes ��ia the mail. The Cit�� Council
recoenizes the follo��ina re��ie��� of one of these web-based services: `'Su�arDVD has made it
so eas�� to rent and ��ie��� adult movies. ��ou mav never leave ��our house aaain ... Su�arDVD is
discreet �rith quick tumaround times and a massive selection ... SugarD\'D offers sis rental
plans, catering to the casual pom vie���er and diehards ���ho can never eet enoueh hazd-core
fare." (Hustler A1aga=rne. Januan• 2006.) The Cin Council also considers and relies on
published decisions e�aminina the proliferation of communications on the Intemet. Reno i•.
.4nrericon Crvil Liberties Union, �21 U.S. 8�� (1997) [the principle channel through which
man�� Americans no��° transmit and recei��e sexualh� e�plicit communication is the Intemet];
.4nheuser-Busch ic Schmoke; 101 F.3d 32� (4th Cir. 1996). cert. denred �20 U.S. 120�
(1997) [the Fourth Circuit rejected a First Amendment chalienge to a Baltimore ordinance
restrictine alcohol ad��ertisements on billboards acl;no«ledeins that the Internet is one
available channel of communication]; U.S. r•. Hockings, 129 F.3d 1069 (9th Cir. 1997); see
also ZI.S. r. Thomas. 7�} F.3d 701 (6th Cir. 1996), cert. de�ired �19 U.S. 820 [reco�nizing the
Ordinance No. 3316
Page No. 6
Intemet as a medium for transmission of seaually explicit material in the contest of
obscenitv prosecutions]. The Internet brines with it a ��inually unlimited additional source
of adult oriented seaual materials available to interested persons in everv communit�� ��ith a
mere ke��stroke. A sexually oriented business no longer has to be `'actually' physicalh� located
in a citv to be available in the communitv.
N. ]t is not the intent of the City Council in enacting this Ordinance ,or any
pro��ision thereof to condone or legitimize the distribution of obscene material. and the City
and its Council recognize that state la��� prohibits the distribution of obscene materials and
expect and encourage lati� enforcement officials to enforce state obscenity statutes against
such illeeal activities in Chula Vista.
O. The City Council does not intend to regulate in an}� area preempted b}�
California law including, but not limited to, regulation of obscene speech, nor is it the
intent of the Cit}� Council to preempt reoulations of the state Alcoholic Beveraee Control
Department (`'ABC"). y
P. I�'othing in this Ordinance is intended to authorize, legalize, or permit the
establishment; operation; or maintenance of any business, buildine, or use which violates
anv other City ordinance in any respect, or any statute of the State of California regarding
public nuisances, unlaN�ful or indecent esposure, sexual conduct, lewdness, obscene or
harmful matter, or the e�hibition or public display thereof.
SECTION 2. AAIENDMENT OF MUNICIPAL CODE TITLE 19 (PLANNING
AND ZONING), SECTION 19.04 (DEFINITIONS)
The following Definitions found in Section 19.04 (Definitions) of Title 19 (Planning
and Zoning) ofthe Chula Vista A4unicipal Code are hereby repealed:
19.04.007—adult bookstores
19.04.007A —adult motion picture theater
19.04.007B —adult mini-motion picture theater
19.04.03� —body painting swdio
19.04.047 —cabaret
19.04.0�1 —coin-operated adult entertainment facility
19.04.1�5 —model studio
19.04.20� — se�ual encounter studio
19.04.20�.1 — sexuallv esplicit material
19.4.270 —specified anatomical areas
19.4.271 —specified sesual activity
Ordinance No. 3316
Page No. 7
SECTIO\ 3. AMENDA4ENT OF D4U1lCIPAL CODE TITLE 19 (PLANNING
A1VD ZONING), 5ECTION 19.04 (DEFI\ZTIONS)
Section 19.04.063 (Definitions) of Title 19 (Plannine and Zoning) is hereb�• repealed
and replaced with:
19.04.063 Daucehall and Dance Floor
"Dance floor'` shal] mean a defined floor azea located �;�ithin a business
establishment desi�ed for the purpose of dancing b��patrons of the establishment.
19.0�.200.1 School
`'School" means any child or day care facilit��, or an institution of leamine for
minors; ��fiether public or private, offerine instruction in those courses of stud�� required b��
the Califomia Education Code and maintained pursuant to standazds set b�� the State
Board of Education. This definition includes nursen� schooL kindereanen, elementaz��
school, middle or junior hieh school, senior high school, or an� special institution of
education, but it does not include a ��ocational or professional institution of hieher
education, including a communit}� or junior colleoe. colleee, or uni�ersit�:.
19.0�.169 Park
"Pazk" means the land and easements oNmed or leased bv the Cit�� of Chula Vista
���hich. by ordinance; resolution. regulation or a�eement, is dedicated to or operated b}�
the Cit�� for purposes of sports and public recreation. The term shall include the buiidines.
pazking lots. streets and side���alks ���ithin the temtorial boundaries establishine the pazk.
19.04.0�0.1 Religious Institutiou
"Reli�ious Institution" means an institution that people rewlarl}� attend to participate
in or hold relieious sen�ices and incidental relieious education. but not includine pri��ate
schools as defined in this section.
19.04.065 Da�• Spa
"Da�� Spa' means a business �vhich pro��ides a ��ariet� of sen�ices for the purpose
of impro�ine health, beaut}� and rela�ation throueh personal caze treatments. Treatmenu
mav include foot and bod�� massaee_ facials; ���a�ino; bod�° �tiraps; salt scrubs; manicures:
pedicures; aromatherap�; moxibustion; eaz candline; and guasha (scrapine), or other similar
treatments.
SECTIO\' d. AA7END17ENT OF AZU\`ICIPAL CODE TITLE 19 (PLANNING
AND ZONING), SECTlON 19.58 (USES)
Section 1958.024 (Uses — Seluall�� Oriented Businesses) of Title 19 (Plannine and
Zoning) is hereb�� repealed and replaced «ith: �
Ordinance No. 3316
Page No. 8
19.�8A24 Sexuall�� Oriented Businesses.
A. Sesuall� oriented businesses shall be defined for purposes of this Chapter as set forth
in Chapter 9.13.
B. Location Requirements.
1. A seauallv oriented business shal] onlv be located in the C-T zone or in a
zone identified in the Bayfront Specific Plan; the Easilake I, Eastlake Business Center II and
Eastlake II Sectional Plannine Areas (SPA) as alloN�ing such businesses. If a specific
plan/planned communit}� district allo�+�s a use conditionally (i.e., upon the issuance of a
conditional use permit). this CUP requirement shall be satisfied by the sesuallv oriented
business if such business has a valid se�;ually oriented business regulatory license as
provided for in Chapter 9.li.
2. A sesuallv oriented business shall not be located within 500 feet of
residentiall�� zoned territory, which is located upon the same street or streets, or «-ithin �00
feet of residentiallv zoned or residentially used properties as measured alon� street ri�hts-of-
wa�� from the proposed location to the boundar}� line of said residentiall}� zoned or used
properties. or ���ithin >00 feet measured radiall}� of any buildin2 site containine a school.
pazk or religious institution.
3. A sexuallv oriented business shall not be located within 1,000 feet of
another sexuallv oriented business.
C. Specific Standards — Vie�+- of Interior from Public Way. All building openings;
entries and ���indoN�s from seauallv oriented businesses shall be located, covered or screened
in such a manner as to prevent a view into the interior from any public or semipublic
area. including public side«�alks. streets; arcades, hallwavs or passage���a}�s, of an}�
material ���hich has as its primary or dominant theme matter depicting, illustrating;
describing or relating to specified seaual activities or specified anatomical azeas as defined
in Chapter 9.13. Further.,such businesses may not ha��e window displays which in any ��av
present, depict, illustrate or describe any such sesually oriented material.
SECTION 5. AMENDMENT OF MUNICIPAL CODE TITLE 19 (PLANNING
AND ZONING), SECTION 19.40 (USES)
Section 19.40.020. subsection N is hereby repealed and replaced with:
19.40.020 Permitted Uses
N. Sesually-oriented businesses; subject to the provisions of CVMC 19.�8.024.
Ordinance No. 3316
Page No. 9
SECTION 6. CALIFORNIA E\�'IRO\n4ENT.4L QliALITl' ACT (CEQ.4)
FINDINGS.
Cit� Council has re��iewed the proposed acti��it�� for compliance H�ith the
Califomia Emironmental Qualit�� Act (CEQ.4) and has determined that the proposed
acti��it�� is not a "ProjecP' as defined under section 1�378 of the State CEQ.A Guidelines
because the adoption of this ordinance, �i�ill not result in a ph��sical chanse to the
em�ironmenr. therefore. pursuant to Section 1�060(c)(3) of the State CEQ.A Guidelines the
proposed acti�it�� is not subject to CEQA. ?�'on�ithstandine the foreoing, Cit}� Council has
further determined that there is also no possibilitv that the proposed acti��it�� �cill have a
significant effect on the environment; therefore, pursuant to Section 1�061(b)(3) of the State
CEQA Guidelines the activity is e�empt from the provisions of CEQA.
SECTION 7. SEVERABILITl'.
If anv portion of this Ordinance. or its application to an}� person or circumstance: is
for an�• reason held to be im�alid. unenforceable or unconstitutional. b�� a court of
competent jurisdiction, that portion shall be deemed se��erable, and such im�alidit��.
unenforceabilitv or unconstitutionalit�� shall not affect the ��aliditv or enforceabilitv of the
remainine portions of the Ordinance. or its application to an}� other person or circumstance.
The Citv Council of the Cit�� of Chula Vista hereb�� declazes that it would have adopted
each section. sentence: clause or phrase of this Ordinance: irrespecti<<e of the fact that anv
one or more other sections, sentences; clauses or phrases of the Ordinance be declared im�alid.
unenforceable or unconstitutional.
SECTIO\' 8. EFFECTIVE DATE.
This Ordinance shall take effect and be in force on the 30th dav afrer its final passaee.
SECTION 9. PUBLICATION.
The Cit�� Cierk shall certifi to the passage and adoption of this Ordinance and shall
cause the same to be published or posted according to law.
Presented b} Appro��ed as to form bv
�
Ke v oughton, FASLA len R. G P�ins
Director of De��elopment Sen�ices � �� Atto e}�
Ordinance No. 3316
Page No. 10
PASSED, APPROVED, and ADOPTED bv the Cit}� Council of the City of Chula Vista,
California. this 22nd da�� of July 2014. by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Salas and Cox
NAl'S: Councilmembers: None
ABSENT: Councilmembers: Ramirez
��
Chen�l Cox. Mav r
ATTEST:
!� �
Donna R. Norris, MC. Cit�� Clerk
STATE OF CALIFORNIA )
COUI�TTY OF SAt`' DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris; City Clerk of Chula Vista; California, do hereby certifi� that the foregoing
Ordinance No. 3316 had its first reading at a regular meeting held on the 8th day of Jul}� 2014
and its second reading and adoption at a regular meeting of said City Council held on the 22nd
day of.Tuly 2014; and was duly published in summary form in accordance with the requirements
of state la�i-and the City Charter.
�l �/
Dated Donna R. Norris, MC, City Clerk