HomeMy WebLinkAboutOrd 1981-1954 ORDINANCE NO. 1954
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTIONS 19.04.157, 19.40.020, 19.40.030 AND
19.58.024 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO THE REGULATION OF ADULT ORIENTED
RECREATION USES AND DRUG PARAPHERNALIA SHOPS
The City Council of the City of Chula Vista does hereby
resolve as follows:
SECTION I: That Sections 19.04.157, 19.40.020, 19.40.030
and 19.58.024 of the Chula Vista Municipal Code be, and the same
are hereby amended to read as follc~s:
Sec. 19.04.157 Narcotic or Drug Paraphernalia Shop.
"Narcotic or Drug Paraphernalia Shop" or "Head Shop"
shall mean any business establishment or a portion of the
premises of any business establishment wherein devices,
contrivances, instruments or paraphernalia for smoking,
sniffing or injection of marijuana, hashish, cocaine, PCP
or any' controlled substance, is displayed or offered for
sale.
Sec. 19.40.020 Permitted uses.
Principal permitted uses in a C-T zones are as
follows:
A. Store, shops and offices supplying commodities or
performing services for residents of the city as a
whole or the surrounding commnity, such as depart-
ment stores, banks, business offices and other
financial institutions and person service enter-
prises;
B. New car dealers and accessory sale of used cars (see
Section 19.40.030 for used car lots); boat and
equipment sales and rental establishments, subject to
the provisions of Section 19.58.210;
C. Motor hotels and motels, subject to the provisions of
Section 19.58.210;
D. Retail shops for the sale of auto parts and acces-
sories, souvenirs, curios and other products
primarily to serve the travelling public;
E. Restaurant and cocktail lounges;
F. Animal hospitals and veterinary clinics, subject to
the provisions of Section 19.58.050;
G. Bakery and creamery establishments;
H. Printing and publishing or lithographic shops;
I. Commercial recreation facilities, such as swimming
~ pools, bowling alleys, skating rinks, subject to the
provisions of Section 19.58.040;
J. Plant nurseries;
K. Any other retail business or service establishment
_ determined by the commission to be of the same
general character as the above permitted uses;
L. Accessory uses and buildings customarily appurtenant
to a permitted use;
M. Electrical substations and gas regulator stations
subject to the provisions of Section 19.58.140;
N. Agricultural uses, as provided in Section 19.16.030.
O. Adult oriented recreation businesses, subject to the
provisions of Section 19.58.024.
Sec. 19.40.030 Conditional uses.
Conditional uses in a C-T zone include:
A. Used car lots and motorcycle sales and repair,
subject to the provisions of Section 19.58.070;
B. Trailer and equipment sales and rental establishments
and towing service;
C. Drive-in theaters, subject to the provisions of
Section 19.58.120, and provided that the screen shall
" be so located and designed that it is not visible
from adjacent thoroughfares, and said screen shall be
set back not less than one hundred feet frc~n any
street or thoroughfare;
D. Automobile service stations, garages for major and
minor repairs, as defined herein: and car-washing
establishments, subject to the provisions of Sections
19.58.060 and 19.58.280;
E. Carpenter shop, electrical, plumbing or heating
shops;
F. Dancehalls, subject to the provisions of Section
19.58.040;
G. Truck and trailer service, including major repair;
H. Building material sales yard, not including concrete
mixing;
I. Automobile storage, contractor's equipment storage
yard, or storage, sale and rental of equipment
commonly used by contractors'
J. Signs in excess of maximum, as established in Section
19.40.040;
K. Bait and tackle shops;
L. Commercial recreation facilities (outdoor);
~\~ M. Upholstery ships;
N. Automobile paint and body shops;
" O. Wholesale bakeries;
P. Laundries, except industrial; and cleaning and dyeing
plants;
Q. Used clothing sales;
R. Lumberyards;
S. Radiator repair shops;
T. Unclassified uses, see Chapter 19.54;
U. Knitting and weaving shops;
V- Cardrooms;
W. R-3 residential uses as regulated in the R-3 zoning
district, subject to the provisions of Section
19.40.160.
Sec. 19.58.024 Adult-oriented recreation businesses.
A. The following described businesses are deemed to be
adult-oriented recreation businesses, and shall only
- be permitted in the C-T zone.
1. Adult bookstores;
2. Adult motion picture theaters;
3. Adult mini-motion picture theaters;
4. Cabarets;
5. Coin-operated adult entertainment facilities;
6. Massage parlors;
7. Body painting studios;
8. Dance halls;
9. Model studios;
10. Sexual encounter studios and rap parlors.
11. Narcotic or drug paraphernalia shop.
B. Location Requirements. An adult-oriented recreation
business shall only be located in the C-T zone, and
no such business shall be located within five hundred
feet of residentially zoned territory, which is
located upon the same street or streets, or is within
five hundred feet of residentially zoned or resi-
dentially used properties as measured along street
right-of-ways from the proposed location to the
boundary line of said residentially zoned or used
properties, or is located within five hundred feet
measured radially of any building site containing a
school, park, church or playground. Furthermore, no
adult-oriented recreation business shall be located
within one thousand feet of another adult-oriented
recreation business.
c. Specific Standards-View of Interior from Public Way.
.\~' All building openings, entries and windows from adult
~2) entertainment establishments shall be located,
....... 3_ 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 ~terial which has as
its primary or dominant theme matter depicting, illu-
strating, describing or relating to specified sexual
activities or specified anatomical areas, or of drug
paraphernalia, as defined in this code. Further,
such businesses may not have signs, graphics, or
wind(~w displays which in any way present, depict,
illustrate or describe any such material.
SECTION II: This ordinance shall take effect and be in
full force and effect on the thirty-first day from and after its
adoption.
Presented by Approved as to forth by
D.J. et ~eorge D. Lindberg, Ci~ Attorney
Planning
FIRST READ at a regular meeting of the CI~ CDUNCIL of
the CI~f OF CHULA VISTA, C~LIFORNIA, held 0ct0ber ]3 ,
198 ], and finally PASSED kND ADOPTED at a regular meeting thereof
held 0ct0ber 20 , 198] , by the following vote,
to-wit:
AIRES: Councilmen: Cox, McCand]iss, Scott, Hyde, Gi]]0w
NAYES: Councilmen: None
ABSENT: Councilmn: None
..~ i~~llrk~ ~ Mayor of the City of Chula Vista
ATT~S / 9L~ '2ZZ~'~C , ~ ~ ~'
STATE OF CALIFOPaIA)
COUN~ OF S~N DIDO) ss.
CI~ OF CHUIA VISTA)
I, , City Clerk of the
City of Chula Vista, California, DO HEP~EBY CERTIP"f that the above
is a full, true and correct copy of Ordinance No. ]954 , and
that the same has not been amended or repealed. DATED
City Clerk
REVISED
RESOLUTION NO. PCA-81-8
RESOLUTION OF THE CITY PLANNING COMMISSION RECOMMENDING TO
THE CITY COUNCIL THE ADOPTION OF AMENDMENTS TO THE MUNICIPAL
CODE RELATED TO ADULT RECREATION USES
WHEREAS, Ordinance No. 1855, adopted by the City Council on
February 13, 1979 added adult oriented recreation businesses to the
list of conditional uses in the C-T zone, and
WHEREAS, in January 1981, the Fourth District Court of Appeals,
in the case of City of Imperial Beach, v. Palm Avenue Books Inc.,
held that the subjection of proposed adult oriented businesses to
the conditional use permit process mandated the discretionary review
of the exercise of fundamental rights protected by the First Amendment
to the U.S. Constitution and, therefore, was invalid, and
WHEREAS, the City Planning Commission set the time and place for
public hearing to consider amending the Municipal Code to delete
the requirement for a conditional use permit for adult oriented
recreation businesses, and
WHEREAS, a hearing was held at said time and place, namely
7:00 p.m., June 10, 1981 in the Council Chamber, 276 Fourth Avenue,
and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The City Planning Commission finds that the court decision
necessitates the following amendments to the Chula Vista Municipal
Code:
a. Add Section 19.04.157 Narcotic or Drug Paraphernalia
Shop, Definitions of., to read as follows:
Narcotic or Drug Paraphernalia Shop or head
shop shall mean any business establishment or a
portion of the premises of any business establishment
~ wherein devices, contrivances, instruments or
~ paraphernalia for smoking, sniffing or injection
marijuana, hashish, cocaine, PCP or any controlled
substance is displayed or offered for sale.
b. Add subsection "O" to Section 19.40.020 Permitted u~s
in the C-T zone, to read as follows:
O. Adult oriented recreation businesses, subject
to the provisions of Section 19.58.024.
c. Delete subsection "X" from Section 19.40.030
Conditional uses in the C-T zone.
d. Amend Section 19.58.024 Adult-oriented recreation,
subsection A to read as follows:
A. The following described businesses are deemed to
be adult-oriented recreation businesses, and shall
only be permitted in the C-T zone.
e. Add subsection 11 under A of Section 19.58.024, to
read as follows:
11. Narcotic or drug paraphernalia shop
f.Delete subsection B of Section 19.58.024 and change
the designation of subsection C to B.
g. Add subsection C to Section 19.58.024 to read as
follows:
C. Specific Standards-View of Interior from Public
Way.
All building openings, entries and windows from
adult entertainment establishments 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 passage-
ways, 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, or of drug para-
phernalia, as defined in this code. Further, such
businesses may not have signs, graphics, or window
displays which in any way present, depict,
illustrate or describe any such material.
2. The Commission recommends that the City Council enact the
proposed amendments to the Chula Vista Municipal Code.
3. That this resolution be transmitted to the City Council.
PASSED AND APPROVED BY THE CITY PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA this 12th day of August 1981 by the following vote, to-wit:
AYES: Commissioners Stevenson, Green, Pressutti, R. Johnson
NOES: Commissioner Williams
ABSENT: Commissioners G. Johnson and J. O'Neill
Chairman
ATTEST:
ORDINANCE NO. 1~54
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS
19.04.157, 19.40.020, 19.40.030 AND 19.58.024 OF THE
CHULA VISTA MUNICIPAL CODE RELATING TO THE REGULATION OF
ADULT ORIENTED RECREATION USES AND DRUG PARAPHERNALIA SHOPS
By a unanimous vote on October 20, 1981, the City Council
adopted and placed the ordinance on its second reading.
The ordinance has the following three amendments: (1) it
deletes the conditional use permit requirement for adult-
oriented recreation uses; (2) adds narcotic or drug
paraphernalia shops to those uses now regulated under this
ordinance; (3) requires screening the internal display of
adult-oriented material from public view and prohibits the
depiction or description of such material on exterior signs,
graphics or displays.
Copies of the ordinance are available at the office of the
City Clerk, City Hall, 276 Fourth Avenue, Chula Vista.
Dated: 11/2/81