HomeMy WebLinkAbout81-06 Regulating Location and Conditions of Approval of Adult Entertainment BusinessesORDINANCE NO. 81-6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MSA, CALIFORNIA, REGULATING THE LOCATION
AND CONDITIONS OF APPROVAL OF ADULT ENTERTAINMENT
BUSINESSES WITHIN THE CITY OF COSTA DESA.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1:
1. That Adult Entertainment Businesses, because of their very nature, are recog-
nized as having objectionable operational characteristics, thereby having a deleterious
effect upon the adjacent areas;
2. That Adult Entertainment Businesses have adverse impacts on adjoining areas
such as: (a) the relocation of existing commercial/residential uses because of a fear
on the part of the property owners that establishment of such a business is indication
of a downgrading of that area; (b) a decrease in property values in adjoining areas
because of the increase in crime, relocation of existing businesses and overall deteri-
oration of the neighborhoods occasioned by such a use; (c) an increase in crime,
especially sex-related offenses, in theunmediate vicinity of such a use; (d) deteri-
oration of the physical condition of structures near such a use because of the fear of
property owners that establishment of such a business is a signal that the economy of
the neighborhood is unstable and the consequent reluctance to invest in such properties;
3. That special locational regulation of these businesses is necessary to insure
that these adverse effects will not contribute to the blighting or downgrading of the
surrounding neighborhoods;
4. That the health, safety, and general welfare of the cor7unity requires the
regulation of the location and conditions of approval of Adult Entertainment Businesses.
ACCORDINGLY, the City Council of the City of Costa Mesa herewith amends the
Costa Mesa Municipal Code as hereinafter set forth:
SECTION 2:
1. Repeal Section 13-331.
2. Amend Section 9-130(a) to read:
"Massage parlor, masseur, masseuse where required Conditional Use Permit
has been obtained."
3. Adopt Article 2 of Title 13, Chapter XIII as follows:
ARTICLE 2. REGULATION OF ADULT ENTERTAIN4ENT BUSINESSES
Section 13-860. Definitions
(a) For purposes of this Article, the businesses enumerated and defined
below shall be considered Adult Entertainment Businesses and shall be subject
to all provisions of this Article:
1. Adult Book Store. An establishment having as a substantial or significant
portion of its stock in trade, books, magazines, and other periodicals
which are distinguised or characterized by an emphasis on matter depict-
ing, describing, or relating to "specified sexual activities" or "specified
anatomical areas."
2. Adult Motion Picture Theater. An enclosed building with a capacity of
fifty or more persons used for presenting material distinguished or
characterized by an emphasis on matter depicting, describing, or relating
to "specified sexual activities" or "specified anatomical areas" for obser-
vation by patrons therein.
3. Adult Mini -Motion Picture Theater. An enclosed building with a capacity
for less than fifty persons used for presenting material distinguished or
characterized by an emphasis on matter depicting or relating to "specified
sexual activities" or "specified anatomical areas" for observation by
patrons therein.
4. Adult Hotel or Motel. A hotel or motel wherein material is presented
which is distinguished or characterized by an emphasis on matter depicting,
describing, or relating to "specified sexual activities" or "specified ana-
tomical areas."
5. Adult Motion Picture Arcade. Any place to which the public is permitted
or invited wherein coin or slug -operated or electronically, electrically,
or mechanically controlled still or motion picture machines, projectors,
or other image -producing devices are maintained to show images to five or
fewer persons per machine at any one time, and where the images so dis-
played are distinguished or characterized by an emphasis on depicting or
describing "specified sexual activities" or "specified anatomical areas."
6. Cabaret. A nightclub, theater, dance studio, or other establishment
which features live performances or classes by topless and/or bottomless
dancers or dance instructors, "go-go" dancers, exotic dancers, strippers,
or similar entertainers or instructors, where such performances or classes
are distinguished or characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas."
7. Massage Parlor. The term "massage parlor" is defined as in Sections
9-193 and 9-194 of the Costa Mesa Municipal Code.
8. Model Studio. Any business where for any form of consideration or gratuity,
figure models who display "specified anatomical areas" are provided to be
observed, sketched, drawn, painted, sculptured, photographed, or similarly
depicted by persons paying such consideration or gratuity.
9. Sexual Encounter Center. Any business, agency or person who, for any form
of consideration or gratuity, provides a place where three or more persons,
not all members of the same family, may congregate, assemble, or associate
for the purpose of engaging in "specified sexual activities" or exposing
"specified anatomical areas."
10. Any other business or establishment which offers its patrons services or
entertainment distinguished or characterized by an emphasis on matter
depicting, describing, or relating to "specified sexual activities" or
"specified anatomical areas."
(b) For purposes of this article, "specified sexual activities" shall
include the following:
1. Actual or simulated sexual intercourse, oral copulation, anal inter-
course, oral/anal copulation, bestiality, direct physical stimulation
of unclothed genitals, flagellation or torture in the context of
sexual relationship, or the use of excretory functions in the context
of a sexual relationship, and any of the following depicted sexually
oriented acts or conduct: analingus, buggery, coprophagy, coprophilia,
cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism,
sapphism, zooerasty; or
2. Clearly depicted human genitals in a state of sexual stimulation,
arousal or tumescence; or
3. Use of human or animal masturbation, sodomy, oral copulation, coitus,
ejaculation; or
4. Fondling or touching of nude human genitals, pubic region, buttocks
or female breast; or
5. Masochism, erotic or sexually oriented torture, beating or the inflic-
tion of pain; or
6. Erotic or lewd touching, fondling or other contact with an animal by
a human being; or
7. Human excretion, urination, menstruation, vaginal or anal irrigation.
(c) For purposes of this article, "specified anatomical areas" shall include
the following:
1. Less than completely and opaquely covered (a) human genitals, or
pubic region; (b) buttock, and (c) female breast below a point
immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
(d) For purposes of this article "distinguished or characterized by an
emphasis" shall refer to the dominant or predominant character or theme
of the material.
(e) For purposes of this article "used" shall mean "customarily, regularly,
habitually, or employed a preponderance of the time."
Section 13-861. Conditional Use Permit Required
1. It shall be unlawful and a misdemeanor to establish or operate an Adult Enter-
tainment Business within the City of Costa Mesa without first obtaining a
Conditional Use Permit.
2. A Conditional Use Permit may be approved for Adult Entertainment Businesses if
the location of said business, and all associated land uses such as parking, is:
a. In a CL, Cl, C2 or C1 -S zone;
b. Not within five hundred feet of any area zoned for residential use;
c. Not within one thousand feet of any other adult entertainment business, and
d. Not within one thousand feet of any public or private school, park, play-
ground, public building, church, any non-commercial establishment operated
by a bona fide religious organization, or any establishment likely to be
used by minors, and
e. Not within any redevelopment area.
3. The "establishment" of any Adult Entertainment Business shall include the
opening of such a business as a new business, the relocation of such business,
or the conversion of an existing business location to any Adult Entertainment
Business.
Section 13-862. Variance from Locational Provisions
1. Any property owner or his authorized agent may apply for relief from the loca-
tional provisions of this Section by applying for a variance as provided in
this Section and Article 23 of Title 13, Chapter II of the Costa Mesa Municipal
Code. Such variances may be approved for limited or unlimited periods of time.
To grant such a request, the following additional findings must be made:
a. That the proposed use will not be contrary to the public interest or injur-
ious to nearby properties and that the spirit and intent of this article
will be observed;
b. That the proposed use will not enlarge or encourage the development of a
"skid row" area;
c. That the establishment of an additional regulated use in the area will not
be contrary to any program of neighborhood conservation nor will it interfere
with any program of urban renewal; and
d. That all applicable regulations of the Municipal Code will be observed.
Section 13-863. Application and Processing Procedure
1. Application for Conditional Use Permits and variances from Locational Pro-
visions under this article shall be made on forms provided by the Develop-
ment Services Department. Information provided shall include the names
and current places of residence of all owners of the property on which the
Adult Entertainment Business is to be located, all owners of the Adult
Entertainment Business, and any managers of the Adult Entertainment Business
who will be responsible for the Adult Entertainment Business during the
absence of the owners.
2. The application shall be reviewed according to standard City of Costa Mesa
procedure and as outlined in Chapter IX of Title 2 and Chapter II, Article
23 of Title 13.
3. Notices of the hearing for applications for variances or Conditional Use
Permits under the provisions of this Article shall be mailed to all owners
of property within a radius of one thousand (1,000) feet of the external
boundaries of the property described in said application not less than
five (5) nor more than ten (10) days prior to the hearing.
Section 13-864. Nonconforming Adult Entertainment Business Amortization
Any Adult Entertainment Business, as defined in this article, in existence and
lawfully operating as of the effective date of this Ordinance, shall, within one
year after the effective date of this Ordinance, either obtain a Conditional Use
Permit therefor or cease operations of such business. Any Adult Entertainment
Business operating under a Conditional Use Permit which due to a change of circum-
stances can no longer meet the conditions in Section 13-861 subparagraph 2 shall,
within one year of that change, close operation of such business.
Section 13-865. Development Standards
The following development standards shall apply to all Adult Entertainment Busi-
nesses in the City and shall be conditions imposed upon the granting of any Condi-
tional Use Permits for such businesses.
1. Off-street parking shall be provided in accordance with Title 13, Chapter V
of the Costa Mesa Municipal Code.
2. All signs shall conform to Title 51, Chapter VI of the Costa Mesa Municipal Code.
3. The interior of any bookstore shall be adequately lighted and constructed so
that every portion thereof is readily visible to the clerk or other supervis-
ory personnel from the counter or other regular station.
4. Lobby and entrance areas shall be designed so as to minimize obstruction of
sidewalks during operating hours.
5. Advertisements, displays, or other promotional materials shall not be shown or
exhibited so as to be visible to the public, from pedestrian sidewalks or walk-
ways, or from other areas public or semipublic.
Section 13-866. Severability
If any provision or clause of this article or the application thereof to any person
or circumstance is held to be unconstitutional or otherwise invalid by any court of
competent jurisdiction, such invalidity shall not affect other provisions or clauses or
applications of this article which can be implemented without the invalid provision,
clause or application; and to this end, the provisions of this article are declared to
be severable.
Sections 13-867 - 13-869. Reserved
SECTION 3. This Ordinance shall take effect and be in full force thirty (30)
days from and after the passage thereof, and prior to the expiration of fifteen (15)
days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a
newspaper of general circulation, printed and published in the City of Costa Mesa or,
in the alternative, the City Clerk may cause to be published a summary of this Ordi-
nance and a certified copy of the text of this Ordinance shall be posted in the
office of the City Clerk five (5) days prior to the date of adoption of this Ordi-
nance and within fifteen (15) days after adoption, the City Clerk shall cause to be
published, the aforementioned summary and shall post in the office of the City Clerk
a certified copy of this Ordinance together with the names of the members of the
City Council voting for and against the same.
PASSED AND ADOPTED this / 0 -day of , 1981.
ATTEST:
City Clerk of the City of Costa Mes
Mayor of the City of Costa Mesa
APPROVED AS TO FORM
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of
the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 81-6
was introduced and considered section by section at a regular meeting of said City
Council held on the 18th day of May, 1981, and thereafter passed and adopted as a
whole at a regular meeting of said City Council held on the 1st day of June, 1981, by
the following roll call vote:
AYES: Council Members: SC AAFEP A/,,a ll� HE RT zo&� M c r -ARI ►wD� .6h.JSO.-I
NOES: Council Members:
ABSENT: Council Members: fUOva'--
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the
City of Costa Mesa this 2nd day of June, 1981.
Ci Clerk and ex -officio, Clerk of tXe
City Council of the City of Costa 0(sa