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Home My WebLink AboutAgenda Statenent 1979/2/13 item 13 CITY OF CHULA VISTA 13 COUiVCI� AGENDA STATEMEiVT Item No.=��=�� For meeti ng of =��2/13/74 Public hearing - Consideration of amendments to the Municipal Code for the regulat' certain "adult recreation" and related land uses ITFM TITLE Ordinance 185 5 - Amendments to the Municipal Code to provide for the regulation of certain "adult recreation�� and related land uses SUBMITTED BY Director of Planni ��CO�d�3 i��f.�:=:':u �'��D f:J��TEON ITEM EXPLANATION (4/5TH'S VOTE REQUIRED YES NO X ) A. BACKGROUND 1 . On October 24, 1978 Council introduced the ordinance to stringently regulate the location of "adult recreation" businesses in the city. 2. On October 31 , 1978, in response to concerns expressed by church groups and others, Council continued the item for 90 days to afford an opportunity for members of the Council and the City Attorney to explain to persons opposing the ordinance that the proposed ordinance represents a much more stringent regulation of this type of use than the present ordinance. B. ANALYSIS 1 . As a result of the effort discussed in the background of this report, the Mayor, City Attorney, and local members of the clergy have conferred and evaluated the contents of the proposed Adult Recreation Ordinance. The conferees were in general agreement that the proposed ordinance would be supportable if the proposed texts of Section 19.58.024 C and 19.04.205 were made more restrictive. 2. Staff fully supports the conference's recommendation on the revision of the text of Section 19.04.205. The section in question, as revised, would read: Section 19.04.205 Sexual Encounter Studio and Rap Parlor. "Sexual encounter studio" means a business establishment wherein the patrons thereof are invited to discuss sexual matters or engage in sexual activities with an unclothed or partially unclothed person and who pay a fee for such discussion or activities; provided, however, that this definition shall not encom ass any sexual activities or ractices rohibited DMP:hm continued on supplemental page EXNIBITS Agreement Resolution Ordinance X Plat Notification List Other ENVIRONMENTAL DOCUMENT: Attached Submitted on FINANCIAL IMPACT STAFF RECOMMENDATION Adopt revised ordinance. BOARQ/COMMISSION RECOMMENDATION On September 27, 1978 the Planning Commission voted 4-0 (with two members abstaining) to adopt the Negative Declaration on IS-78-67 and recommend that the Council enact amend- ments to the Municipal Code in accordance with Resolution PCA-79-1 . � �� GOUNCIL ACTION • q.,�„� • � � `�� caG. '''- � ..�'� _�. '. s�.1'_•�r...�+�.:�Q� -�� .�.. ._.�._. _._�.. .. _ ,._ °_, �� / �� _ � E � 1��'' �C; �;� �a ...,� ,.;� �. _.. _ 7 � �'/� �� _ . ��.:�� ._a� ..�_� `�. �:r _:Y.. � . _ __ ' _.�...._ _ , � . : --m.- - Form A-113 (;Rev. 5/77) 13 AGENDA ITEM NO��T�.-, Meeti ng of ��= 2/13/79 Supp1emental page No. 2 under the laws of the State of California and does not constitute a condonation of any sexual activities by the City of Chu a Vista, This definition shall not inc1ude therapy sessions conducted by physicians, therapists and counsellors licensed and regulated by the State of California. (The proposed revision is indicated by underlining. ) 3. The conference's recommended revision to proposed Section 19,58.024 C, however, creates a fundamental problem. While staff's proposal reads that ''An adult oriented recreation business shall only be 1ocated in the C-T zone, and n� such business shall be located within 500 feet of residentially zoned territory which abuts upon the same street," the conference has recommended that the phrase, "which abuts upon the same street," be deleted. Since Chula Vista 's C-T zones are primarily "rib6on" in configuration, and are invariably situated within 500 feet of residentially zoned territory, the recommended deletion would, from a de facto standpoint, preclude adult recreation uses from Chula Vista. In short, the ordinance would purport to allow such uses under certain conditions and circumstances, but would in effect not permit them. This conflict could create legal problems. 4. Staff feels that proposed Section 19.58.024 C could be made more restrictive, and therefore more responsive to the concerns of the clergy, without running the legal risk of totally prohibiting the uses in question. Under the staff's instant proposal , the involved subsection would read: C. Location requirements: An adult oriented recreation business shall only be located in the C-T zone, and no such business shall be located within 500 feet of residentially zoned territory, which is located upon the same street or streets, or is within 500 feet of residentially zoned or residen- tially used properties as measured along street right of ways from the ro osed location to the boundary line of said res�dentially zoned or used properties, or is located within 0 feet measure ra �a y of any bu> >ng site containing a school , park, church or playground. No adult oriented recreation business, furthermore, shall be located within 1000 feet of another adult oriented recreation business. (The proposed addenda are underlined. ) 5. The revisions discussed under this evaluation are incorporated, without addendum or deletion marks, in the attached draft ordinance. . i �`,, � a �. _ ___ _ I��i Y � ��n�� PROJi,CT TITLE: Adult Recreation Ordinance - Project Location: City of Chula Vista Project Proponent : City of Chula Vista Planning Dept. P .O. Box 1087 � Chula Vista C�1SE NO. IS-78-67 D1�TE: April 27 , .1978 A. Backaround� Several "adult" uses have been proposed for location within the City of Chuia Vista. City Attorney George D. Lindberg and Special (Redevelopment) Counsel Clifton E. Reed have expressed the opinion that neither the city ' s existing zoning regulations , nor the Redevelopment Agency' s policies can adequately regulate the subject uses . The City Council, on January 26 , 1978 , adopted Resolution No. 8988 , and thereby placed a six-month moratorium on cex•tain adult and related uses. The City Council also instructed staff to study the uses in question and to prepare the essential legislation. B. Project Description See attached Exhibit A. C. Compatibility with zoning and plans The proposed ordinance is in conformance with related zoning procedures and is consistent with the intent of the General Plan and associated elements . � D. Findings of insignificant impact l. The project is not site specific, therefore no effect on natural or man-made resources will result. 2 . '�he proposed legislation is designed to protect the . order and amenity of the City of Chula Vista and to promote the conservation of this municipality' s physical environment and economic stability. These objectives are in conformance with the intent of the General Plan and will not achieve short term to the disadvantage of long term environmental goals . __ _ _ . _ . _... _. _ 3 . There are no impacts anticipated that could. interact to result in any cumulative , adverse effect on the environ- ment. 4 . The project will not result in an increase in traffic or related emissions nor will the emission of any substance hazardous to humans result. E. Individuals and oraanizations consuited City of Chula Vista Planning Dept. - Advanced Division Public Works Dept. - Environmental Review Div. Tt:c I:��~�ul ::tuc,.' application ar.d evaluation forms doc;;.;�entin� t'r:e ;�n<iin�;s ui no sic;niLicant imnact are attached. r E`iVI:O::__`:T:�L RE�'IE:�1 C�ORDI.:ATOR ��1 3 (rev. S;77) �� PROJECT TITLE : Adult Recreation Ordinance . Project Location : City of Chula Vista Project Proponent : City of Chula Vista Planning Dept. P .O. Box 1087 Chula Vista C�1SE NO. IS-78-67 DATE : April 27 , _1978 A. Backaround� Several "adult" uses have been proposed for location within the City of Chula Vista. City Attorney George D. Lindberg and Special (Redevelopment) Counsel Clifton E. Reed have expressed the opinion that neither the city' s existing zoning regulations , nor the Redevelopment Agency' s policies can adequately regulate the subject uses . The City Council , on January 26 , 1978 , adopted Resolution Noe 8988 , and thereby placed a six-month moratorium on certain adult and related uses. The City Council also instructed staff to study the uses in question and to prepare the essential legislation. B. Project Description See attached Exhibit A. C. Compatibility with zoning and plans The proposed ordinance is in conformance with related zoning procedures and is consistent with the intent of the General Plan and associated elements . � D. Findings of insignificant impact 1. The project is not site specific, therefore no effect. on natural or man-made resources will result. 2 . The proposed legislation is designed to protect the order and amenity of the City of Chula Vista and to promote � the conservation of this municipality' s physical environment and economic stability. These objectives are in conformance with the intent of the General Plan and will not achieve short term to the disadvantage of long term environmental goals . __ .__ ___ 3 . There are no impacts anticipated that could. interact to result in any cumulative , adverse effect on the environ- ment. 4 . The project will not result in an increase in traffic or related emissions nor will the emission of any substance hazardous to humans result. .E. Individuals and organizations consulted City of Chula Vista Planning Dept. - Advanced Division Public Works Dept. - Environmental Review Div. `�.:c Ini^�a? :;tuci;,' application and evaluation forms �ocumentin� the �inciincs oi no signiricant imnact are attached. r E_iVIr•:0::.`�T:�L REVIE:•7 COORDI�:ATOR ��; 3 (re�,�. 5,�77)