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2014-07-08 Item 23
City of Chula Vista Staff Report File#:14-0273, Item#: 23. CONSIDERATIONOFAMENDINGTITLE19OFTHECHULAVISTAMUNICIPALCODERELATED TOLOCATIONALANDZONINGPROVISIONSFORREGULATIONOFSEXUALLYORIENTED BUSINESSES ORDINANCEOFTHECITYOFCHULAVISTAAMENDINGTITLE19OFTHECHULA VISTA MUNICIPAL CODE REGULATING PLANNING AND ZONING (FIRST READING) RECOMMENDED ACTION Council conduct the public hearing and place the ordinance on first reading. SUMMARY TheexistingprovisionsoftheChulaVistaMunicipalCode(MunicipalCode)pertainingtothe locationalregulationsofsexuallyorientedbusinessesareinneedofupdatingandshouldbe enhancedtoreduceand/orprecludeundesirablesecondaryeffects.Accordingly,staffanditslegal consultanthavecompletedathoroughreviewofthevariousspecificplansandvariouszoning restrictionsatplayintheCityastosexuallyorientedbusinesses.Asaresultofthisresearchand reviewprocess,theproposedordinanceprovidestherequisitebalancebetweentheCity’sinterests inprotectingthepublicsafety,health,andwelfareandtheconstitutionalprotectionaffordedto sexuallyorientedbusinesses.Moreover,theproposedordinanceprovidestheevidentiaryand factualfoundationrequiredtoreasonablyconcludethatsexuallyorientedbusinesscancreate potentiallyseriousanddeleterioussecondaryeffectsintheChulaVistacommunity,andtherefore, theCity’ssexuallyorientedbusinessregulationsshouldbeupdated.Thisordinanceis constitutionally sound as it provides a reasonable range of potential sites. ENVIRONMENTAL REVIEW TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheproposedactivityisnota “Project”asdefinedundersection15378oftheStateCEQAGuidelinesbecausetheadoptionofthis ordinance,willnotresultinaphysicalchangetotheenvironment;therefore,pursuanttoSection 15060(c)(3)oftheStateCEQAGuidelinestheproposedactivityisnotsubjecttoCEQA. Notwithstandingtheforgoing,theDevelopmentServicesDirectorhasfurtherdeterminedthatthereis alsonopossibilitythattheproposedactivitywillhaveasignificanteffectontheenvironment; therefore,pursuanttoSection15061(b)(3)oftheStateCEQAGuidelinestheactivityisexemptfrom the provisions of CEQA. BOARD/COMMISSION RECOMMENDATION The Planning Commission has reviewed the proposed ordinance and recommends the Ordinance be adopted. DISCUSSION City of Chula VistaPage 1 of 6Printed on 7/17/2014 powered by Legistar™ File#:14-0273, Item#: 23. TheCityofChulaVistainitiallyadoptedzoningandlocationalregulationsfoundinTitle19ofthe MunicipalCodein1980.Sincethen,therehavebeenminormodificationstotheTitleandtheCity hasadoptedanumberofSpecificPlanamendmentsgoverningzoningwithinspecifiedareasin ChulaVista.TheproposedOrdinanceisacomprehensivereviewoftheCity’sexistingregulations forsexuallyorienteduses/adultusesandaddressesthelocationalandzoningprovisions.Acopyof theproposedOrdinanceisattachedasAttachment1.Thepurposeandintentoftheproposed amendments to the Municipal Code are to: (1)mitigateandreducethejudiciallyrecognizedpotentialadversesecondaryeffectsof sexuallyorientedbusinessesincluding,butnotlimitedto,crime,thepreventionofblightin neighborhoods, and the increased spread of sexually transmitted diseases; (2)protectqualityoflifeandneighborhoodsintheCity,theCity’sretailandcommercialtrade, andlocalpropertyvalues,andminimizethepotentialfornuisancesrelatedtotheoperationof sexually oriented businesses; (3)protectthepeace,welfareandprivacyofpersonswhoown,operateand/orpatronize sexually oriented businesses; and (4)minimizethepotentialfornuisancerelatedtotheoperationofsexuallyoriented businesses. A.Legal Basis/Constitutional Constraints. Sexuallyorientedbusinesses,suchasadultbookstores,adultvideosstores,andadultcabarets, engageinactivitiesrecognizedasprotectedspeechundertheFirstAmendmentoftheUnitedStates Constitution.Forexample,nudedancinghasbeenfoundbytheU.S.SupremeCourttobeonthe outermarginsofprotectedactivity.(SeeBarnesv.GlenTheatre,Inc.,501U.S.560(1991)).As providersofprotectedFirstAmendmentspeech,thecourtshaveuniformlyruledthatthesetypesof sexuallyorientedbusinessescannotbeprohibited.Sexuallyorientedbusinessescan,however,be regulated.Traditionalconstitutionalanalysisdividestherangeofspeechregulationsintotwomain categories:(1)contentbased;and(2)contentneutral(i.e.,regulationsnotbasedoncontentbut ratherimposingreasonabletime,place,andmannerrestrictions).Content-basedregulationis specificallyaimedatthespeech’scontent,andanysuchcontentbasedregulationcarrieswithita veryhighburdentofindsuchlegallyadequatemandatingthatthepublicentityshowithasa compellinginterestinitsregulation.Incontrast,contentneutralregulationsareaimedatprotecting governmentalinterestsunrelatedtothecontentofspeech,suchastrafficornoiseregulationapplied to all types of commercial uses for purposes of furthering the public health, safety and welfare. TheUnitedStatesSupremeCourtinthe CityofRentonv.PlaytimeTheaters,Inc.,475U.S.41 (1986),addressingRenton,Washington’sadultuseordinance,heldthatwhetheratime,place,and mannerregulationiscontentneutralistobedeterminedbylookingattheregulation’spurposes,i.e. isthepurposethereductionofsecondaryeffectsversusthesuppressionoftheoffensiveor unpopularspeech.Acitymayadoptregulationstocurbthedeleterioussecondaryeffectsofsexually orientedbusinesses,butsuppressionofthespeechisimpermissible.Acontentneutraltime,place, andmannerregulationmustserveasubstantialgovernmentinterestandbereasonablytailoredto precludesecondaryeffects.Courtshavealsorecognizedthatacity’sinterestinprotectingthequality City of Chula VistaPage 2 of 6Printed on 7/17/2014 powered by Legistar™ File#:14-0273, Item#: 23. oflifeandfindingcreativesolutionstoaddresssexuallyorientedbusinesses’deleterioussecondary effectsmustbeaccordedthehighestrespect.CityofLosAngelesv.AlamedaBooks,535U.S.425, 122 S.Ct. 1728, 152 L.Ed.2d 670 (2002). Theproposedordinanceiscontentneutralunderthe Renton standardbecauseitisdesignedto furthertheCity’spurposesandgoalsinlimitingandpreventingthedeleterioussecondaryeffects associatedwithsexuallyorientedbusinesses.Theextensivefindingssetforthintheproposed ordinancefullysupporttheregulationstherein.In SDJ.Inc.v.CityofHouston,837F.2d1274(5th Cir.1988),cert.denied 480U.S.(1989),thecourtremarkedontheimportanceoffindings:“Insisting onfindingsreducestheriskthatapurportedefforttoregulateeffectisamaskforregulationof content.Thatis,evidenceofalegitimatepurposeissupportedbyproofthatsecondaryeffects actually exist and are the result of the business subject to the regulation….” Thesupportingmaterialsprovidedasexhibitstothisstaffreport,aswellasinputfromCitystaff,the cityattorney,thecity’sspecialcounselalongwithinputfromprofessionalplannerLloydZolaofMetis EnvironmentalGroup,contributedtocraftingtherecommendedrequirementsfoundintheproposed ordinancewhichareaconstitutional,narrowlytailoredmeansofcontrollingpotentialsecondary effectsofsexuallyorientedbusinesses.OnfileattheCityClerk'sofficeisthesetoftheexhibitsin supportofthisordinance.AlistofthoseexhibitsisattachedtothisstaffreportasAttachment2. Includedamongtheexhibitsarethecasesreferredtointheordinance,thestudiesofothercities relatingtothesecondaryeffectsofsexuallyoriented,andothersupportingdocumentation.Wehave alsoincludedanumberofmaterialsrelatingtotestimonyfromcurrentandformerdancersandother employeesofsexuallyorientedbusinessesorpersonsaffiliatedwiththesexuallyorientedbusiness industry,whichsupporttheneedforthisordinance.Asummaryofaportionofthesestudiesis attachedtothisstaffreportasAttachment3.Inaddition,ChulaVistaChiefofPoliceDavidBejarano hasprovidedtestimonyonthesecondaryimpactsrelatedtosexuallyorientedbusinesses.Chief Bejarano’stestimonyisprovidedasAttachment4.ChiefBejarano,duringhistenurewiththeSan DiegoPoliceDepartment,servedasadetectiveinvestigatingunlawfulactivitiesinsexuallyoriented businesses,servedastheViceCommanderandwasresponsiblefordetectivesconductingsuch investigations,and,asChiefofPolice,wasresponsibleforthelicensingofsexuallyoriented businesseswithintheCityofSanDiego.Acopyofhiscurriculumvitae(“CV”)isattachedtothisstaff report as Attachment 5. D.Zoning and Locational Regulations. Zoningandlocationalcriteriaarealegitimateandreasonablemeansofregulatingsexuallyoriented businesses.Therearetwogenerallyacceptedapproachestoregulatingthelocationofsexually orientedbusinesses-(1)the“dispersal”methodand(2)the“concentration”method.Withthe dispersalmethodadultusesarebufferedasetdistancefromvarioussensitivelanduses(i.e.,parks, schools,residentialzones)andfromotheradultuses.Withtheconcentrationmethodadultusesare alllocatedinoneareasuchaswhatisknownasthe“combatzone”inBoston.TheCityhasselected the dispersal method. Potential Sites; Reasonable Range of Alternative Sites Thereisno“mathematicalformula”orset“litmustest”establishedbythecourtstodeterminethe numberofsitesthatmustbeavailableforsexuallyorientedbusinesses.Theissueisexaminedona City of Chula VistaPage 3 of 6Printed on 7/17/2014 powered by Legistar™ File#:14-0273, Item#: 23. casebycasebasis,lookingattheparticularlanduseanddemographiccharacteristicsofthe community. ChulaVistaisacommunitywithapopulationestimatedat243,916(asof2010,U.S.Departmentof Commerce).ThegeneralplanandzoningmapdesignateallparcelsoflandwithintheCityforsome typeofuse-suchasresidential,industrial,orcommercial.Thereare5generallandusecategories identifiedintheChulaVistaGeneralPlanincludingresidential,commercial,industrial,mixeduse, andpublic/quasi-publicandopenspace.BasedonlandusecategoriessetforthinCity’sGeneral Plan, the composition of land uses in the City is as follows: a.Residential*32% b.Commercial**2% c.Industrial4% d.Public,Quasi-Public,OpenSpace,Streets,Freeways,andUtilitiesRightsofWay 61% e.Special Planning Areas1% *Includes Mixed Use Residential and Transit Focus Areas **Includes Mixed Use Commercial Astheabovetableillustrates,only6%oflandwithinChulaVistaisavailableforpotentialcommercial or industrial land use. TheNinthCircuitin TopangaPress,Inc.v.CityofLosAngeles,989F.2d1524(9thCir.1993)setout establishedcriteriafordeterminingwhethersitesareactuallyavailableinthe“relevantcommercial market” by examining if: •Thereisagenuinepossibilitythatthesiteispotentiallyavailable.Inotherwords,isit reasonable“tobelievethat\[thesite\]wouldeverbecomeavailabletoanycommercial enterprise?” •Ifthesitesareinmanufacturingzones,aretheyreasonablyaccessibletothegeneral public. •Ifthesitesareinmanufacturingzones,dotheyhaveproperinfrastructuresuchas sidewalks, road and lighting. •Ifthesitesareinmanufacturingzones,cantheyserveagenericcommercialpurpose such as retail or places of assembly. •The sites are commercially zoned. Thecourtin TopangaPress rejectedLosAngeles’attempttoincludesitesthatwereclearly unavailablesuchasareasunderwater,landfillsandairportsites.Otherexamplesofunavailable sitesincludelandsusedforlargewarehouses,landsthatarepartofasewagetreatmentfacility, City of Chula VistaPage 4 of 6Printed on 7/17/2014 powered by Legistar™ File#:14-0273, Item#: 23. landsthatarepartofanexistinghospital,andlargeoilrefineries.Toavoidthepitfallsof Topanga Press,theCityshouldandhasexcludedanysitesthatareoutsideofthe“relevantcommercial market.”Moreover,TopangaPress alsoholdsthatsiteswhichcarryacommercialzoning designation are per se available and qualify as a potential available site. ThePlanningStaffhasreviewedthesevarious Topanga criteriaanddeterminedthatallcommercially zonedsitesareperseavailableper Topanga andallindustriallyzonedsitesmeetallofthe Topanga criteria. DuetothephysicalandlanduseconstraintsofChulaVista,theproposedOrdinanceoffersa500 footseparationrequirementbetweensexuallyorientedfacilitiesandcertainsensitiveusers(i.e., schools,parksandresidentialzones).AftertouringtheentireCityandreviewingthevpotential distancefromsensitiveusers,stafffurtherrecommendsthatsexuallyorientedbusinessescontinueto beallowedonlyintheC-T(ThoroughfareCommercial)zoneorinthenotedzonesidentifiedinthe BayfrontSpecificPlan,theEastlakeI,EastlakeBusinessCenterIIandEastlakeIISectionalPlanning Areas(SPA)asallowingsuchbusinesses.Thesearethesameareaslocationswhereinsexually orientedusesmaycurrentlylocatebuttheserevisionsnowinsuresthatthezoningcodeandSpecific Plans are clear and internally consistent. Inassessingthepotentiallyavailablesitesforsexuallyorientedbusinesses,wehavedeterminedthat thereareatotalof170potentialsites.Ofthose170sites,59aredesignatedwithacommercialland use,whilethebalance,111sites,aredesignatedwithanindustriallanduse.Alistofthepotential sitesisfoundatAttachment6.ThisnumberwasreducedfromthenumberpresentedtothePlanning Commissionbecauseofthelocationofsomenewsensitiveusessuchasarecentlyopenedreligious facility. Moreover,thelocationalrequirementscontainedintheproposedordinancedonotunreasonably restricttheestablishmentoroperationofconstitutionallyprotectedsexuallyorientedbusinessesin ChulaVista,andasufficientandreasonablenumberofalternativelocationsforsexuallyoriented businessesareprovidedbytheCityofChulaVista.TheUnitedStatesSupremeCourtdecisionin CityofRentonv.PlaytimeTheaters,Inc.,475U.S.41,106S.Ct.925(1986)requiresthattheCity provideadultbusinessesareasonableopportunitytoopenandoperate.TheNinthCircuitdecisions in TopangaPress,Limv.CityofLongBeach,217F.3d1050(9thCir.2000),cert.denied 531U.S. 1191(2001),and Isbellv.CityofSanDiego,258F.3d1108(9thCir.2001)withrespecttoavailability ofsitesforsexuallyorientedbusinessessupportafindingthattherearesufficientsitesavailablefor sexually oriented businesses within the City. Thus,underthelocationalandzoningprovisionsatplayinChulaVista,thecriteriasetforthabove provide a reasonable range of available sites. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationssection18704.2 (a)(1)isnotapplicabletothisdecision.Staffisnotindependentlyaware,norhasstaffbeeninformed byanyCityCouncilmember,ofanyotherfactthatmayconstituteabasisforadecisionmakerconflict of interest in this matter. City of Chula VistaPage 5 of 6Printed on 7/17/2014 powered by Legistar™ File#:14-0273, Item#: 23. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.AmendingTitle19 pursuanttothesubjectordinancesupportstheStrongandSecureNeighborhoodsgoalasitallows constitutionallyprotectedactivityinlegallyappropriateareasoftheCitywhileprotectingtherightsof the citizens and businesses throughout the City CURRENT YEAR FISCAL IMPACT There is no current year fiscal impact. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. Attachments: 1.Ordinance 2.List of Exhibits (On File in the City Clerk’s Office) 3.Summary of Studies 4.Chief of Police David Bejarano’s Testimony 5.Chief of Police David Bejarano’s CV 6.Location of Sites Available for Adult Business Use Staff Contact: Karen Rogan and Bart Miesfeld 2291825.1 City of Chula VistaPage 6 of 6Printed on 7/17/2014 powered by Legistar™ ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE REGULATING PLANNING AND ZONING WHEREAS, the City of Chula Vista has certain permitting provisions found in Title 19 for sexually oriented businesses that are in need of updating and refinement. The City Council takes legislative notice of the full complement of supporting evidence as to the secondary effects of sexually oriented businesses. Accordingly, the City makes the following findings and enactments. NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as follows: SECTION 1.FINDINGS. A.The City of Chula Vista has certain provisions found in Title 19 relating to planning and zoning for sexually oriented businesses that are in need of refinement. The City Council finds that it is necessary and appropriate to amend Title 19 to add, refine and update the provisions relating to planning and zoning standards for adult businesses operating within Chula Vista. The public health, safety and welfare of the City and its residents require the enactment of this Ordinance in order to: (1) mitigate and reduce the judicially recognized potential adverse secondary effects of sexually oriented businesses, including but not limited to crime, the prevention of blight in neighborhoods and the increased threat of the spread of sexually transmitted diseases; (2) protect the quality of life and neighborhoods in the City, the City’s retail and commercial trade, and local property values,and minimize the potential for nuisances related to the operation of sexually oriented businesses; and (3) protect the peace, welfare and privacy of persons who own, operate and/or patronize sexually oriented businesses. B.The City Council finds that the revisions to the City’s Municipal Code implemented by this Ordinance are necessary in order to respond to recent developments within the regulation of adult uses and case law and in order to preserve the City from the potential adverse secondary effects of sexually oriented businesses, including crime, the protection of the City’s retail trade, maintenance of property values, protecting and preserving the quality of the City’s neighborhoods and the City’s commercial districts, and the protection of the City’s quality of life, based on the referenced studies and the findings set forth herein. Specifically, the revisions and amendments to Municipal Code Title 19 included in this Ordinance are essential and necessary to ensure the orderly land use regulationas to sexually oriented businesses uses within the City and thereby protect the public peace, safety and general welfare in the City of Chula Vista. C.On July 8,2014, the City Council held a public meeting during which it considered the adoption of this Ordinance. Ordinance Page 2 D.The City Council, in adopting this Ordinance, takes legislative notice of the existence and content of the following studies concerning the adverse secondary side effects of sexually oriented businesses in other cities: Austin, Texas (1986); Indianapolis, Indiana (1984); Garden Grove, California (1991); Seattle, Washington (1989); Houston, Texas (1997); Phoenix, Arizona (1979); Tucson, Arizona (1990); Chattanooga, Tennessee (2003); Los Angeles, California (1977); Whittier, California (1978); Spokane, Washington (2001); St. Cloud, Minnesota (1994); Littleton, Colorado (2004); Oklahoma City, Oklahoma (1986); Dallas, Texas (1997 and 2007); Ft. Worth, Texas (2004); Kennedale, Texas (2005); Greensboro, North Carolina (2003); Amarillo, Texas (1977); Cleveland, Ohio (1977); Newport News, Virginia (1996); Jackson County, Missouri (2008); Louisville, Kentucky (2004); New York, New York Times Square (1994); Beaumont, Texas (1982); the Report of the Attorney General’s Working Group On The Regulation OfSexually Oriented Businesses (June 6, 1989, State of Minnesota); A Methodological Critique of the Linz-Paul Report: A Report to the San Diego City Attorney’s Office (2003); Summaries of Key Reports Concerning the Negative Secondary Effects of Sexually Oriented Businesses, by Louis Comus III (2001). The City Council finds that these studies are relevant to the problems addressed by the City in enacting this Ordinance to regulate the adverse secondary side effects of sexually oriented businesses, and more specifically finds that these studies provide convincing evidence that: 1.Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and propertycrimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, traffic, noise, and sexual assault and exploitation. 2.The studies from other cities establish by convincing evidence that sexually oriented businesses that are not regulated with operating standards often have a deleterious effect on nearby businesses and residential areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values. Regulations for sexually 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 problems to be created. E.In developing this Ordinance, the City Council is mindful of legal principles relating to regulation of sexually oriented businesses, and the City Council does not intend to suppress or infringe upon any expressive activities 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 sexually oriented businesses. The City Council takes legislative notice of the: 1.Decisions of the United States Supreme Court regarding local regulation of sexually oriented businesses including, but not limited to: City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angelesv. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap’s A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue,409 U.S. 109 (1972); N.Y. State Liquor Authority Ordinance Page 3 v. Bellanca, 452 U.S. 714 (1981); Sewell v. Georgia, 435 U.S. 982 (1978); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); City of Dallas v. Stanglin, 490 U.S. 19 (1989). 2.Decisions of the Ninth Circuit Court of Appeals addressing sexually oriented businesses including but not limited to: Alameda Books, Inc. v. City of Los Angeles, 631 F.3d 1031 (9th Cir. 2011); Fantasyland Video, Inc. v. County of San Diego, 505 F.3d 996 (9th Cir. 2007); Tollis, Inc. v. County of San Diego, 505 F.3d 935 (9th Cir. 2007); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005), amended 402 F.3d 875, cert. denied126 S.Ct. 274; World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Dream Palace v. County of Maricopa, 384 F.3d 990 (9th Cir. 2004); Talk of the Town v. Department of Finance and Business Services, 343 F.3d 1063 (9th Cir. 2003); Deja Vu-Everett-Federal Way, Inc. v. City of Federal Way, 46 Fed.Appx. 409 (9th Cir. 2002); Clark v. City of Lakewood, 259 F.3d 996 (9th Cir. 2001); Isbell v. City of San Diego, 258 F.3d 1108 (9th Cir. 2001); Isbell v. City of San Diego, 450 F.Supp.2d 1143 (S.D. Cal. 2006); Diamond v. City of Taft, 215 F.3d 1052 (9th Cir. 2000), cert. denied531 U.S. 1072 (2001); L.J. Concepts, Inc. v. City of Phoenix, 215 F.3d 1333 (9th Cir. 2000); Lim v. City of Long Beach, 217 F.3d 1050 (9th Cir. 2000), cert. denied121 S.Ct. 1189 (2001); Young v. City of Simi Valley, 216 F.3d 807 (9th Cir. 2000), cert. denied531 U.S. 1104 (2001); 4805 Convoy, Inc. v. City of San Diego, 183 F.3d 1108 (9th Cir. 1999); North v. City of Gilroy, 78 F.3d 594 (9th Cir. 1996); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996); Topanga Press, Inc. v.City of Los Angeles, 989 F.2d 1524 (9th Cir. 1993), cert. denied511 U.S. 1030 (1994); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); and Lydo Ent. v. Las Vegas, 745 F.2d 1211 (9th Cir. 1984). 3.Decisions of the State of California addressing sexually oriented businesses including: Madain v. City of Stanton, 185 Cal.App.4th 1277 (2010); Krontz v. City of San Diego, 136 Cal.App.4th 1126 (2006); Lacy Street Hospitality Service, Inc. v. City of Los Angeles, 125 Cal.App.4th 526 (2004); Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board and Renee Vicary, Real Party in Interest, 99 Cal.App.4th 880 (2002); Tily B., Inc. v. City of Newport Beach, 69 Cal.App.4th 1 (1998); Sundance Saloon, Inc. v. City of San Diego, 213 Cal.App.3d 807 (1989); 7978 Corporation v. Pitchess, 41 Cal.App.3d 42 (1974); Deluxe Theater & Bookstore, Inc. v. City of San Diego, 175 Cal.App.3d 980 (1985); E.WA.P., Inc. v. City of Los Angeles, 56 Cal.App.4th 310 (1997); City of Vallejo v. Adult Books, 167 Cal.App.3d 1169 (1985), cert. denied475 U.S. 1064 (1986); City of National City v. Wiener, 3 Cal.4th 832 (1992), cert. denied510 U.S. 824; and People v. Superior Court (Lucero), 49 Cal.3d 14 (1989). F.The negative secondary effects from sexually oriented businesses constitutes a harm which the City has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the City’s rationale for this Ordinance, exists independent of any comparative analysis between sexually oriented and non-sexually oriented businesses. Additionally, the City’s interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may locate in the City. The City finds that the cases and documentation relied on in this Ordinance are reasonably believed to be relevant to said secondary effects. The City again refers to the record of cases and documentation relating to secondary effects associated with sexually oriented businesses which remain on file in Ordinance Page 4 connection with Ordinance Nos. 3239 and 3241 which were adopted by the City in November 2012. G.Locational criteria are a legitimate and reasonable means of ensuring that adult businesses are conducted in a manner so as to minimize their adverse secondary effects and thereby protect the health, safety, and welfare of the City’s residents, protect citizens from increased crime, preserve the quality of life, preserve property values and the character of surrounding neighborhoods and businesses, and deter the spread of urban blight. The locational requirements contained in this Ordinance do not unreasonably 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 Council takes 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 City Council also takes legislative notice of the Ninth Circuit’s decisions in Topanga Press,Lim and Isbellwith respect to availability of sites for adult businesses and finds that under the distance and locational restrictions imposed by this Ordinance there are sufficient sites available for adult businesses within Chula Vista. H.Relying on the following, the City finds that sexually oriented businesses in its community may lead to detrimental secondary effects including prostitution and engagement in unlawful sexual activity. The City bases this conclusion on the experiences of Chula Vista, as well as that of other California communities, such as La Habra and Arcadia, which the City has a reasonable basis to believe reflect the experiences of its own community, including numerous police reports and affidavits from those communities, and judicial decisions in the public record: 1.Evidenceindicates that some dancers, models, entertainers, performers, and other persons who publicly perform specified sexual activities or publicly display specified anatomical areas in sexually oriented businesses (collectively referred to as “performers”) have been found to engage in sexual activities with patrons of sexually oriented businesses on the site of the sexually oriented business. 2.Evidence has demonstrated that performers employed by sexually 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 sex shows. 3.Evidence indicates that performers at sexually oriented businesses have been found to engage in acts of prostitution with patrons of the establishment. 4.Evidence indicates that fully enclosed booths, individual viewing areas, and other small rooms whose interiors cannot be seen from public areas of the establishment regularly have been found to be used as locations for engaging in unlawful sexual activity. 5.As a result of the above, and the increase in incidents of HIV, AIDS, and hepatitis B, which are sexually transmitted or blood borne diseases, the City has a substantial interest in adopting regulations that will reduce the possibility for the occurrence of prostitution and unlawful sex acts at sexually oriented businesses in order to protect the health, safety, and Ordinance Page 5 well-being of its citizens. The City finds this is relevant to Chula Vista and the need to regulate the secondary effects of sexually oriented businesses within the community. I.The City Council recognizes and relies on the findings set forth in the 1986 Attorney General’s Report on Pornography. A copy of the Attorney General’s Report on Pornography is available for public review at the City Clerk’s office. J.The City Council recognizes the possible harmful effects on children and minors exposed to the effects of sexually oriented businesses and recognizes the need to enact regulations which will minimize and/or eliminate such exposure. The City Council takes legislative notice of the Penal Code provisions authorizing local governments to regulate matter that is harmful to minors (i.e., Penal Code § 313 et seq.). The City Council further takes legislative notice of the cases that recognize that protection of minors from sexually explicit materials is a compelling government interest, including Crawford v. Lungren, 96 F.3d 380 (9th Cir. 1996), cert. denied520 U.S. 1117 (1997) and Berry v. City of Santa Barbara, 40 Cal.App.4th 1075 (1995). K.While the City Council is obligated to protect the rights conferred by the United States Constitution to sexually oriented businesses, it does so in a manner that ensures the continued and orderly use and development of property within the City and diminishes, to the greatest extent feasible, those undesirable adverse secondary effects which the above mentioned studies have shown to be associated with the operation of sexually oriented businesses. L.Zoning and locational restrictions are a legitimate and reasonable means of helping to reduce the secondary effects from sexually oriented businesses and thereby protect the health, safety, and welfare of Chula Vista residents, protect citizens from increased crime, preserve the quality of life, and preserve the character of surrounding neighborhoods and businesses, and deter the spread of urban blight. The zoning and locational requirements contained in this Ordinance do not unreasonably restrict the establishment oroperation of constitutionally protected sexually oriented businesses in Chula Vista. M.The City Council in recognizing that these standards do not preclude reasonable alternative avenues of communication and notes that the proliferation of sexually oriented material on the Internet, satellite television, direct television, CDs, DVDs, all provide alternative avenues of communication. Additionally, the City Council takes note that numerous web-based services, such as www.sugardvd.com and www.wantedlist.com, deliver adult videos and DVDs directly to customers’ homes via the mail. The City Council recognizes the following review of one of these web-based services: “SugarDVD has made it so easy to rent and view adult movies, you may never leave your house again … SugarDVD is discreet with quick turnaround times and a massive selection … SugarDVD offers six rental plans, catering to the casual porn viewer and diehards who can never get enough hard-core fare.” (Hustler Magazine, January 2006.) The City Council also considers and relies on published decisions examining the proliferation of communications on the Internet. Reno v. American Civil Liberties Union, 521 U.S. 844 (1997) \[the principle channel through which many Americans now transmit and receive sexually explicit communication is the Internet\]; Anheuser-Busch v. Schmoke, 101 F.3d 325 (4th Cir. 1996), cert. denied520 U.S. 1204 (1997) \[the Fourth Circuit rejected a First Amendment challenge to a Baltimore ordinance restricting alcohol advertisements onbillboards acknowledging that the Ordinance Page 6 Internet is one available channel of communication\]; U.S. v. Hockings, 129 F.3d 1069 (9th Cir. 1997); see alsoU.S. v. Thomas, 74 F.3d 701 (6th Cir. 1996), cert. denied519 U.S. 820 \[recognizing the Internet as a medium for transmission of sexually explicit material in the context of obscenity prosecutions\]. The Internet brings with it a virtually unlimited additional source of adult oriented sexual materials available to interested persons in every community with a mere keystroke. A sexually oriented business no longer has to be “actually” physically located in a city to be available in the community. N.It is not the intent of the City Council in enacting this Ordinance or any provision thereof to condone or legitimizethe distribution of obscene material, and the City and its Council recognize that state law prohibits the distribution of obscene materials and expect and encourage law enforcement officials to enforce state obscenity statutes against such illegal activities in Chula Vista. O.The City Council does not intend to regulate in any area preempted by California law including, but not limited to, regulation of obscene speech, nor is it the intent of the City Council to preempt regulations of the state AlcoholicBeverage Control Department (“ABC”). P.Nothing in this Ordinance is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any other City ordinance in any respect, or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof. SECTION 2.AMENDMENT 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) of the Chula Vista Municipal Code arehereby repealed: 19.04.007–adult bookstores 19.04.007A –adult motion picture theater 19.04.007B –adult mini-motion picture theater 19.04.035–body painting studio 19.04.047–cabaret 19.04.051–coin-operated adult entertainment facility 19.04.155–model studio 19.04.205–sexual encounter studio 19.04.205.1–sexually explicit material Ordinance Page 7 19.04.270–specified anatomical areas 19.04.271–specified sexual activity SECTION 3.AMENDMENT OF MUNICIPAL CODE TITLE 19 (PLANNING AND ZONING), SECTION 19.04 (DEFINITIONS) Section 19.04.063 (Definitions) of Title 19 (Planning and Zoning)is hereby repealed and replaced with: 19.04.063Dancehall and Dance Floor “Dance floor” shall mean a defined floor area located within a business establishment designed for the purpose of dancing by patrons of the establishment. 19.04.200.1School “School” means any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. 19.04.169Park “Park”means the land and easements owned or leased by the City of Chula Vista which, by ordinance, resolution, regulation or agreement, is dedicated to or operated by the City for purposes of sports and public recreation. The term shall include the buildings, parking lots, streets and sidewalks within the territorial boundaries establishing the park. 19.04.050.1Religious Institution “Religious Institution”means an institution that people regularly attend to participate in or hold religious services and incidental religious education, but not including private schools as defined in this section. 19.04.065Day Spa “Day Spa” means a business which provides avariety of services for the purpose of improving health, beauty and relaxation through personal care treatments. Treatments may include foot and body massage; facials; waxing; body wraps; salt scrubs; manicures; pedicures; aromatherapy; moxibustion; ear candling; and guasha (scraping), or other similar treatments. SECTION 4.AMENDMENT OF MUNICIPAL CODE TITLE 19 (PLANNING AND ZONING), SECTION 19.58 (USES) Ordinance Page 8 Section 19.58.024 (Uses –Sexually Oriented Businesses) of Title 19 (Planning and Zoning) is hereby repealed and replaced with: 19.58.024Sexually Oriented Businesses. A.Sexually oriented businesses shall be defined for purposes of this Chapter as set forth in Chapter 9.13. B.Location Requirements. 1.A sexually oriented business shall only be located in the C-T zone or in a zone identified in the Bayfront Specific Plan, the Eastlake I, Eastlake Business Center II and Eastlake II Sectional Planning Areas (SPA) as allowing such businesses. If a specific plan/planned community district allows a use conditionally (i.e., upon the issuance of a conditional use permit), this CUP requirement shall be satisfied by the sexually oriented business if such business has a valid sexually oriented business regulatory license as provided for in Chapter 9.13. 2.A sexually oriented business shall not be located within 500 feet of residentially zoned territory, which is located upon the same street or streets, or within 500 feet of residentially zoned or residentially used properties as measured along street rights-of-way from the proposed location to the boundary line of said residentially zoned or used properties, or within 500 feet measured radially of any building site containing a school, park or religious institution. 3.A sexually oriented business shall not be located within 1,000 feet of another sexually oriented business. C.Specific Standards –View of Interior from Public Way. All building openings, entries and windows from sexually 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 sidewalks, streets, arcades, hallways or passageways, of any material which has as its primary or dominant theme matter depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas as defined in Chapter 9.13. Further, such businesses may not have window displays which in any way present, depict, illustrate or describe any such sexually 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: 19.40.020Permitted Uses N.Sexually-oriented businesses, subject to the provisions of CVMC 19.58.024. Ordinance Page 9 SECTION 6.CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS. City Councilhas reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed activity is not a “Project” as defined under section 15378 of the State CEQA Guidelines because the adoption of this ordinance, will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the proposed activity is not subjectto CEQA. Notwithstanding the forgoing, City Councilhas further determined that there is also no possibility that the proposed activity will have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is exempt from the provisions of CEQA. SECTION 7.SEVERABILITY. If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other personor circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. SECTION 8.EFFECTIVE DATE. This Ordinance shall take effect and be in force on the 30th day after its final passage. SECTION 9.PUBLICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented byApproved as to form by _________________________________________________________________________ Kelly BroughtonGlen R. Googins Development Services DirectorCity Attorney Police Chief Bejarano Re: Secondary Impacts of Sexually Oriented Businesses City of Chula Vista City Council Meeting November 1, 2012 By wayof backgroundonce again I do have over30 years of law enforcement experience and currently I have and currently serve in a number of leadership positions at the local, state and national level and most importantly with the issue present here tonight I do have vice related experience as an investigator with the City of San Diego, was assigned to vice investigations for I believe about 2 years and part of my responsibilities were the investigation, the inspections of police regulated businessesin the City of San Diego including ABC licensed businesses and as an investigator for 2 years.And then I was also the vice commander at the lieutenant rank overseeing vice investigations throughout the City of San Diego and most of these involved sexually oriented businesses and once again ABC regulated businessesthroughout the City of San Diego. As the Police Chief of the City of San Diego,I was also the final decision maker regarding the issuance of permits for business owners and employees at sexually oriented businesses.One ofthe issues thatIsaw as an investigator,as a vice commander, as a chief and my continued discussions with chiefs throughout the state and throughout the nation and most recently I have had two long conversations with current management and investigators with the City of San Diego, the secondary effects mentioned by Mrs. Fox are still in place and a major concern for any community that has these type of adult entertainment businesses.And we see either a direct connection or an indirect connection or sometimes even serve as a magnet for prostitution related activities, direct use, lewd activity in and around the facility, near-by businesses, for example if you have a low budget motel there is a tendency also as far as increased calls for service, narcotics, prostitution, etc. There is normally an increase in calls for service involving traffic and noise complaints and itisalso important obviously in reviewing this document here prepared by Mrs.Fox and a lot of input by both law enforcement and City Attorney in being veryfamiliar with the ordinance in San Diego and looking at other ordinances this is probably the most comprehensive ordinance. I have seen as we try to balance the public safety concerns and also understanding and respecting the constitutional rights of all the parties involved, including the business owner, employees and customers who might frequent that type of business so. It is also important to know what these investigating and inspecting these type of adult entertainment businesses they are very labor intensive, require a lot of police resources, a lot of covert operations, overt investigations and a presence in and around the vicinity and where you have sexually oriented businesses and every department including ours as Attachment 4 you know for the last years we have seen a reduction in staffing so we are limited as far as how many resources we can actually apply to ensure the public safety of all the parties that are seen or using these types of businesses. And again by focusing on these secondary effects and having a sound ordinance, again respecting the constitutional rights, that really gives law enforcement the tool to hopefully eliminate, reduce, mitigate a lot of these secondary effects that we could see in ourCity, I saw in San Diego and we see in most cities where you have adult entertainment businesses. 2270430.1\\1675.002 Attachment 4 RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA AMEND TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE REGULATING PLANNING AND ZONING CONCERNING SEXUALLY ORIENTED BUSINESSES WHEREAS, the City of Chula Vista has certain permitting provisions found in Title 19 for sexually oriented businesses that are in need of updating and refinement. The Planning Commission takes legislative notice of the full complement of supporting evidence as to the secondary effects of sexually oriented businesses. Accordingly, the Planning Commission makes the findings and enactmentsin the City Council ordinance accompanying this subject resolution and recommends the same to the City Council; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., May 14, 2014, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission,as set forth in the record of its proceedings therein, recommends that the City Council amend Title 19 of the Chula Vista Municipal Code concerning sexually oriented businesses. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSIONhereby finds and resolves as follows: That the Planning Commission has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed activity is not a “Project” as defined under section 15378 of the State CEQA Guidelines because the adoption of this ordinance, will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the proposed activity is not subject to CEQA. Notwithstanding the forgoing, the Planning Commission has further determined that there is also no possibility that the proposed activity will have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is exempt from the provisions of CEQA. BE IT FURTHER RESOLVED, that the Planning Commission hereby recommends that the City Council of the City of Chula Vista, California amend Title 19 of the Chula Vista Municipal Code regulating planning and zoning concerning sexually oriented businesses. BE IT FURTHER RESOLVED, thata copy of this resolution be transmitted to the City Council. Resolution Page -2- Presented by:Approved as to form by: ______________________________________________ Kelly G. Broughton, FASLAGlen R. Googins Director of Development Services City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 14day of May, 2014, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Lisa Moctezuma, Chair ATTEST: ____________________________ Patricia Laughlin, Board Secretary Locations of Sites Available for Adult Business Use Commercial or AREA 1 A APN#Address Industrial Zone 1567-022-17-00350 BAY BLIndustrial 2567-022-31-00360 BAY BLIndustrial 3567-022-33-00364 BAY BLIndustrial 4567-022-28-00368 BAY BLIndustrial 5567-022-30-00390 BAY BLIndustrial Commercial or AREA 1 B APN#Address Industrial Zone 6571-330-19-00630 BAY BL #101Industrial 7571-330-19-00630 BAY BL #102Industrial 8571-330-19-00630 BAY BL #103Industrial 9571-330-19-00630 BAY BL #104Industrial 10571-330-19-00630 BAY BL #105Industrial 11571-330-19-00630 BAY BL #106Industrial Commercial or AREA 1 C APN#Address Industrial Zone 12617-080-06-001011 BAY BLIndustrial 13617-080-06-001021 BAY BL #AIndustrial 14617-080-06-001021 BAY BL #BIndustrial 15617-080-06-001021 BAY BL #CIndustrial 16617-080-06-001021 BAY BL #DIndustrial 17617-080-06-001021 BAY BL #EIndustrial 18617-080-06-001021 BAY BL #FIndustrial 19617-080-06-001021 BAY BL #GIndustrial 20617-080-06-001021 BAY BL #HIndustrial 21617-080-06-001021 BAY BL #IIndustrial 22617-080-06-001021 BAY BL #JIndustrial 23617-080-06-001021 BAY BL #KIndustrial 24617-080-06-001021 BAY BL #LIndustrial 1 Commercial or APN#Address Industrial Zone 25617-080-06-001021 BAY BL #MIndustrial 26617-080-06-001021 BAY BL #OIndustrial 27617-080-06-001021 BAY BL #PIndustrial 28617-080-06-001021 BAY BL #QIndustrial 29617-080-06-001021 BAY BL #RIndustrial 30617-080-06-001021 BAY BL #SIndustrial 31617-080-06-001021 BAY BL #TIndustrial 32617-080-06-001021 BAY BL #WIndustrial 33617-080-06-001031 BAY BL #AIndustrial 34617-080-06-001031 BAY BL #BIndustrial 35617-080-06-001031 BAY BL #CIndustrial 36617-080-06-001031 BAY BL #DIndustrial 37617-080-06-001031 BAY BL #EIndustrial 38617-080-06-001031 BAY BL #FIndustrial 39617-080-06-001031 BAY BL #GIndustrial 40617-080-06-001031 BAY BL #HIndustrial 41617-080-06-001031 BAY BL #IIndustrial 42617-080-06-001031 BAY BL #JIndustrial 43617-080-06-001031 BAY BL #KIndustrial 44617-080-06-001031 BAY BL #LIndustrial 45617-080-06-001031 BAY BL #MIndustrial 46617-080-06-001031 BAY BL #NIndustrial 47617-080-06-001031 BAY BL #OIndustrial 48617-080-06-001031 BAY BL #PIndustrial 49617-080-06-001031 BAY BL #QIndustrial 50617-080-06-001031 BAY BL #RIndustrial 51617-080-06-001031 BAY BL #SIndustrial 52617-080-06-001031 BAY BL #TIndustrial 53617-080-06-001031 BAY BL #UIndustrial 54617-080-06-001031 BAY BL #VIndustrial 55617-080-06-001031 BAY BL #WIndustrial 56617-080-06-001031 BAY BL #XIndustrial 57617-080-07-001045 BAY BL #AIndustrial 2 Commercial or APN#Address Industrial Zone 58617-080-07-001045 BAY BL #BIndustrial 59617-080-07-001045 BAY BL #CIndustrial 60617-080-07-001045 BAY BL #DIndustrial 61617-080-07-001045 BAY BL #EIndustrial 62617-080-07-001045 BAY BL #FIndustrial 63617-080-07-001045 BAY BL #GIndustrial 64617-080-07-001045 BAY BL #HIndustrial 65617-080-07-001045 BAY BL #IIndustrial 66617-080-07-001055 BAY BL #AIndustrial 67617-080-07-001055 BAY BL #BIndustrial 68617-080-07-001055 BAY BL #CIndustrial 69617-080-07-001055 BAY BL #DIndustrial 70617-080-07-001055 BAY BL #EIndustrial 71617-080-07-001055 BAY BL #FIndustrial 72617-080-07-001055 BAY BL #GIndustrial 73617-080-07-001055 BAY BL #HIndustrial 74617-080-07-001055 BAY BL #IIndustrial 75617-080-07-001065 BAY BL #AIndustrial 76617-080-07-001065 BAY BL #BIndustrial 77617-080-07-001065 BAY BL #CIndustrial 78617-080-07-001065 BAY BL #DIndustrial 79617-080-07-001065 BAY BL #EIndustrial 80617-080-07-001065 BAY BL #FIndustrial 81617-080-07-001065 BAY BL #GIndustrial 82617-080-07-001065 BAY BL #HIndustrial 83617-080-07-001075 BAY BL #AIndustrial 84617-080-07-001075 BAY BL #BIndustrial 85617-080-07-001075 BAY BL #CIndustrial 86617-080-07-001075 BAY BL #DIndustrial 87617-080-07-001075 BAY BL #EIndustrial 88617-080-07-001085 BAY BL #AIndustrial 89617-080-07-001085 BAY BL #BIndustrial 90617-080-07-001085 BAY BL #CIndustrial 3 Commercial or APN#Address Industrial Zone 91617-080-07-001085 BAY BL #DIndustrial 92617-080-07-001085 BAY BL #EIndustrial 93617-080-07-001085 BAY BL #FIndustrial 94617-011-03-001120 BAY BL #AIndustrial 95617-011-03-001120 BAY BL #BIndustrial 96617-011-03-001120 BAY BL #CIndustrial 97617-011-03-001120 BAY BL #DIndustrial 98617-011-03-001120 BAY BL #EIndustrial 99617-011-03-001120 BAY BL #FIndustrial 100617-011-03-001124 BAY BL #AIndustrial 101617-011-03-001124 BAY BL #BIndustrial 102617-011-03-001124 BAY BL #CIndustrial 103617-011-03-001124 BAY BL #DIndustrial 104617-011-03-001124 BAY BL #EIndustrial 105617-011-03-001128 BAY BL #AIndustrial 106617-011-03-001128 BAY BL #BIndustrial 107617-011-03-001128 BAY BL #CIndustrial 108617-011-03-001128 BAY BL #DIndustrial 109617-011-03-001128 BAY BL #EIndustrial 110617-011-03-001128 BAY BL #FIndustrial 111617-011-03-001128 BAY BL #GIndustrial Commercial or AREA 2 A APN#Address Industrial Zone 112595-072-01-002225 OTAY LAKES RDCommercial 113595-072-12-002237 OTAY LAKES RDCommercial 114595-072-12-002245 OTAY LAKES RDCommercial 115595-072-09-002255 OTAY LAKES RDCommercial 116595-072-10-002265 OTAY LAKES RDCommercial 117595-072-11-002269 OTAY LAKES RDCommercial 118595-072-08-002275 OTAY LAKES RD #117Commercial 119595-072-08-002275 OTAY LAKES RD #118Commercial 120595-072-08-002275 OTAY LAKES RD #119Commercial 121595-071-15-00866 EASTLAKE PW #110Commercial 4 Commercial or APN#Address Industrial Zone 122595-071-15-00866 EASTLAKE PW #210Commercial 123595-071-15-00872 EASTLAKE PW #310Commercial 124595-071-15-00872 EASTLAKE PW #410Commercial 125595-071-15-00872 EASTLAKE PW #411Commercial 126595-071-15-00872 EASTLAKE PW #412Commercial 127595-071-15-00872 EASTLAKE PW #413Commercial 128595-071-15-00872 EASTLAKE PW #414Commercial 129595-071-15-00872 EASTLAKE PW #510Commercial 130595-071-15-00872 EASTLAKE PW #610Commercial 131595-071-15-00872 EASTLAKE PW #611Commercial 132595-071-15-00878 EASTLAKE PW #1010Commercial 133595-071-15-00878 EASTLAKE PW #1011Commercial 134595-071-15-00878 EASTLAKE PW #1020Commercial 135595-071-15-00878 EASTLAKE PW #1110Commercial 136595-071-15-00878 EASTLAKE PW #1210Commercial 137595-071-15-00878 EASTLAKE PW #1310Commercial 138595-071-15-00878 EASTLAKE PW #1410Commercial 139595-071-15-00878 EASTLAKE PW #1510Commercial 140595-071-15-00878 EASTLAKE PW #1511Commercial 141595-071-15-00878 EASTLAKE PW #710Commercial 142595-071-15-00878 EASTLAKE PW #810Commercial 143595-071-15-00878 EASTLAKE PW #910Commercial 144595-071-15-00878 EASTLAKE PW #911Commercial 145595-071-15-00878 EASTLAKE PW #912Commercial 146595-071-16-00884 EASTLAKE PW #1610Commercial 147595-071-16-00884 EASTLAKE PW #1611Commercial 148595-071-16-00884 EASTLAKE PW #1612Commercial 149595-071-16-00884 EASTLAKE PW #1613Commercial 150595-071-16-00884 EASTLAKE PW #1614Commercial 151595-071-16-00884 EASTLAKE PW #1615Commercial 152595-071-16-00884 EASTLAKE PW #1616Commercial 153595-071-16-00884 EASTLAKE PW #1617Commercial 154595-071-16-00884 EASTLAKE PW #1618Commercial 5 Commercial or APN#Address Industrial Zone 155595-071-16-00884 EASTLAKE PW #1619Commercial 156595-071-16-00884 EASTLAKE PW #1620Commercial 157595-071-16-00884 EASTLAKE PW #1621Commercial 158595-071-16-00884 EASTLAKE PW #1622Commercial 159595-071-16-00884 EASTLAKE PW #1623Commercial 160595-071-16-00884 EASTLAKE PW #1624Commercial 161595-071-16-00884 EASTLAKE PW #1625Commercial 162595-071-16-00884 EASTLAKE PW #1626Commercial 163595-071-16-00884 EASTLAKE PW #1627Commercial 164595-071-16-00884 EASTLAKE PW #1628Commercial 165595-071-16-00884 EASTLAKE PW #1629Commercial 166595-072-03-00920 EASTLAKE PWCommercial 167595-072-02-00930 EASTLAKE PWCommercial 168595-072-02-00930 EASTLAKE PW #ACommercial 169595-072-02-00940 EASTLAKE PW #BCommercial Commercial or AREA 2 B APN#Address Industrial Zone 170643-020-67-002089 OLYMPIC PWCommercial Total: 170 Date: June 18, 2014 6 ADULT USE ORDINANCE UPDATES OPERATIONAL REQUIREMENTS (AGENDA ITEM NO. 22) ZONING AND LOCATIONAL (AGENDA ITEM NO. 23) Presented to City Council of the City of Chula Vista Deborah J. Fox July 8, 2014 633 West Fifth Street, Suite 1700 Los Angeles, CA 90071 213.626.2906 www.meyersnave.com 2011, Meyers Nave Riback Silver & Wilson. All rights reserved. © Purpose of Proposed Amendments 1) regulations as to sexually oriented businesses (SOB); Refinement of language on licensing of performers; 2) 2 Intent of Proposed Amendments Mitigate and reduce the judicially recognized potential 1) adverse secondary effects of adult businesses: Crime Neighborhood blight Spread of sexually transmitted diseases Protect quality of life and neighborhoods in the City, 2) values, and minimize the potential for nuisances related to the operation of adult businesses; 3 Intent of Amendments Protect the peace, welfare and privacy of persons 3) who own, operate and/or patronize adult businesses; and Minimize the potential for nuisance related to the 4) operation of adult businesses. 4 Legal Basics/ Constitutional Constraints Adult businesses, such as adult bookstores, adult video stores, and adult live nude dancing facilities, engage in activities recognized as protected speech under the First Amendment of the United States Constitution. Nude dancing has been found by the U.S. Supreme Court to be on the outer margins of protected activity. See Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991). 5 Legal Basics/ Constitutional Constraints cont. As providers of protected First Amendment speech, the courts have uniformly ruled that these types of adult businesses cannot be banned. Adult businesses can be regulated. May impose reasonable time, place and manner restrictions. 6 Legal Basics/ Constitutional Constraints cont. Content neutral regulations versus content based restrictions. Content neutral provisions are aimed at protecting governmental interests unrelated to speech content. Can preclude lap dancing and touching (Gammoh v. City of La Habra (9th Cir. 2005) 395 F.3d 1114) Focus of regulations to reduce secondary effects. 7 Permitting and Operational Standards Clean up on various definitions; 1) Clarifying license application process; 2) Regulation/standards for adult booths video 3) arcades; No doors on adult booths/individual viewing area; 4) Unobstructed view of the interior of the premises 5) of an adult use business. 8 Zoning and Locational Regulations cont. Allowed in: C-T (Thoroughfare Commercial) Bayfront Specific Plan Eastlake I Eastlake Business Center II and Eastlake II Sectional Planning Areas (SPA). This is a clarification and insuring internal consistency between specific plans and Municipal Code. 9 Zoning and Locational Regulations cont. Criteria to determine potentially available sites established in Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524 (9th Cir. 1993). There is a genuine possibility that the site is potentially available. If the sites are in manufacturing zones, are they reasonably accessible to the general public. 10 Zoning and Locational Regulations cont. If the sites are in manufacturing zones, do they have proper infrastructure such as sidewalks, road and lighting. If the sites are in manufacturing zones, can they serve a generic commercial purpose such as retail or places of assembly. The sites are commercially zoned. 11 Expert Planner Lloyd Zola Metis Environmental Group Revised sites, toured city Report and mapping provided as part of record 12 Zoning and Locational Regulations (Agenda Item 23) a. Residential 32% b. Commercial 2% c. Industrial 4% d. Public, Quasi-Public, Open Space, Streets, Freeways, and Utilities rights of way 61% e. Special Planning Areas 1% 13 Zoning and Locational Regulations cont. Only 6% of land within Chula Vista is available for potential commercial or industrial land use. 14 Zoning and Locational Regulations cont. dispersal method. Dispersal of 500 feet from certain sensitive uses (i.e., schools, parks and residential zones). Dispersal of 1000 feet from adult uses 15 Zoning and Locational Regulations cont. Total of 170 potential sites available: 59 designated commercial 111 designated industrial 6 sites maximum 16