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265 ORDINANCE NO. 265 - AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE.CITY OF GRAND TERRACE, CALIFORNIA, EXTENDING FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15) DAYS A CITYWIDE MORATORIUM ADOPTED. . PURSUANT TO GOVERNMENT CODE SECTION 65858 TEMPORARILY PROHIBITING THE ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES WHEREAS, the City of Grand Terrace ("City") adopted an adult business ordinance in 1995 and since that date there have been a number of case.decisions; the existence of these new decisions requires that the ordinance be updated to reflect the current state of the law; and WHEREAS, a certain type of business has recently come to the attention of the City, a "sex club," which is generally, however not specifically, regulated in the adult business ordinance or in the zoning code, and which may need to be directly addressed in the City's existing adult business regulations; and WHEREAS, case decisions since the time of the original adoption of the City's adult business regulations and the potential application for a "sex club" within the City .has given rise to. concerns that the City's current regulations may b.e outdated and/or inadequate.to address the potentially significant impacts that may result from adult. businesses generally and "sex clubs" specifically, and the City requires time to study and research the City's existing regulations, the state of law relating to adult businesses since the adoption of the City's adult business regulations, as well as best methods and means for prohibiting and/or regulation adult businesses, especially "sex clubs"; and WHEREAS, without a moratorium pending adoption of any potential changes to the City's existing adult business regulations, it is possible that business owners may rush- to submit and obtain permits in order to avoid new regulations; a moratorium on the issuance of any adult business permits while the City studies and updates its current regulations would ensure that potential actions by business owners would not defeat the purpose of any,new zoning regulations that may be considered by the City; and WHEREAS, adult business uses generally result in negative and harmful secondary effects on the community, which effects include, but are not limited to, the following: depreciation of property values and increase in vacancies in residential and commercial areas in the vicinity. of adult business uses; interference with residential property owners' enjoyment of their property when such property is located in the vicinity of adult business uses as a result of increases in crime, litter, noise and vandalism; higher crime rates in the vicinity of adult business uses; and only one source may be made by a city Department or Chapter 3.24— Page 7 ironmental review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State Guidelines for Implementation of the California Environmental Quality Act (CEQA). Sections 15060(c)(2) and 15060(c)(3) pertain to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and that are not render the application complete. The applicant's failure to submit the additional information within this time period renders the application null and void. Within five (5) city business days following the receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 blighting conditions such as' low-level maintenance of commercial premises and parking lots, which thereby have a deleterious effect upon adjacent areas. Special regulation of these business uses is necessary to prevent these adverse effects and the blighting or degradation of the neighborhoods in the vicinity of the adult business uses; and WHEREAS, pursuant to Section 65858 of the California Government Code, the City Council may, in order to protect the public safety, health and welfare, adopt as an urgency measure an interim ordinance prohibiting any allowed use that may be in conflict with a contemplated specific plan, general plan amendment, or zoning proposal that the legislative_body, planning commission or the planning department is considering or studying or intends to study within a reasonable time; and WHEREAS, the City Council specifically finds that there is a current and immediate threat to the public health, safety or welfare related to the establishment of adult businesses in the City without the updating of the City's existing adult business regulations, and that there is thus a need to prohibit such uses temporarily while the City studies how best to update such regulations; WHEREAS, the City Council of the City of. Grand Terrace has directed its staff to study and potentially develop a zoning code amendment to the City's existing regulations for adult business uses in order to insure the proper regulation of "sex clubs" and adult business in general, based on current law; and WHEREAS, on June 7, 2012 the City Council adopted by a four fifths vote, an interim urgency ordinance declaring and imposing a forty-five (45) day Citywide moratorium on the establishment or expansion of adult businesses; WHEREAS, pursuant to Government Code Section 65858(a), after notice and a public hearing, the. City Council may extend the interim ordinance for an additional ten (10) months and fifteen (15) days; WHEREAS, pursuant .to Government Code. Section 65858(d), ten (10) days prior to expiration of the interim ordinance, a written agenda report describing the measures taken to alleviate the condition which led to the establishment of the moratorium was prepared and presented to the City Council at its regular meeting of July 11, 2012 with the herein ordinance; WHEREAS, pursuant to Government Code Section 65090, notice of the public hearing for the moratorium extension was published in the San Bernardino County Sun on Sunday, July 1,.2012; and WHEREAS, pursuant to Government Code Section 65858(a), a public hearing on this action was held by the City Council on July 10, 2012. d in the vicinity of adult business uses as a result of increases in crime, litter, noise and vandalism; higher crime rates in the vicinity of adult business uses; and only one source may be made by a city Department or Chapter 3.24— Page 7 ironmental review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State Guidelines for Implementation of the California Environmental Quality Act (CEQA). Sections 15060(c)(2) and 15060(c)(3) pertain to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and that are not render the application complete. The applicant's failure to submit the additional information within this time period renders the application null and void. Within five (5) city business days following the receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 WHEREAS, all legal prerequisites to the adoption of this Ordinance have. occurred. NOW, : THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council finds that, per the above Recitals,the Zoning Code may appear to provide insufficient regulations regarding adult business uses. SECTION 2. The City Council hereby declares and imposes the extension for an additional ten (10) months and fifteen (15) days of an existing Citywide moratorium on the establishment or expansion of adult businesses. SECTION 3. The City Council finds that, per the above recitals, that potentially out of date regulations and the proliferation of "sex clubs" may have heretofore unforeseen immediate impacts on 'the public health, safety and welfare including, but not limited to depreciation of property values and increase in vacancies in residential and commercial areas in the vicinity of adult business uses; interference with residential property owners' enjoyment of their property when such property is located in the vicinity of adult business uses as a result of increases in crime, litter, noise and vandalism; higher crime rates in the vicinity of adult business uses; and blighting conditions such as low-level maintenance of commercial premises and parking lots, which thereby have a deleterious effect upon adjacent areas.. Special regulation of these business uses, including up-to-date regulations and/or specific regulation of "sex clubs," needs to be studied and may be necessary to prevent these adverse effects and the blighting or degradation of the, neighborhoods in the vicinity of the adult business uses, or otherwise to protect the health, welfare and safety of the public in the operation of such businesses within the City. SECTION 4. The City of Grand Terrace hereby declares and imposes a moratorium on the establishment or expansion of any adult business, as such term is defined herein. For the duration of this ordinance, and except as expressly provided herein, there is a moratorium on the acceptance, processing or_issuance of any zoning permit, business license, use permit, building permit, occupancy permit, or any other applicable entitlement. for the establishment, expansion and/or relocation of adult business uses. SECTION 5. "Adult business" means anybusiness establishment or concern which as a regular and substantial course of conduct performs or operates as an adult bookstore, or adult video store, adult theater, adult motion picture theater, adult cabaret, adult motel/hotel, adult arcade, as these terms are defined in the Grand Terrace Municipal Code; sex club, as that term is defined herein; or any other business or concern which as a regular and substantial portion of its business offers to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter depicting, describing or al Quality Act (CEQA). Sections 15060(c)(2) and 15060(c)(3) pertain to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and that are not render the application complete. The applicant's failure to submit the additional information within this time period renders the application null and void. Within five (5) city business days following the receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 relating to specified sexual activities or specified anatomical areas but not including those uses or activities, the regulation of which is preempted by state law. "Adult business" shall also include any establishment which as a regular and substantial course of conduct provides or allows performers, models or employees to appear in any public place_dressed only in lingerie. SECTION.6. "Sex club" means any establishment not primarily dedicated to providing overnight lodging accommodations, including a private club, which as a regular and substantial course of conduct permits persons to engage in specified sexual activities in any public or semipublic portion of the establishment or which provides any private room to persons more than once in a twenty hour period in which persons are permitted to engage in specified sexual activities. For the purpose of this section, a "public or semipublic portion of an establishment" shall mean any portion of the establishment in which licensees, invitees, visitors or guests of the establishment or its members are permitted access and which is not let, leased or rented more than once in a twenty-hour period to persons who .are entitled to exclusive use of the room. The above notwithstanding, a "sex club" is also any place which represents itself to any person or group of persons as a place for persons to engage in specified sexual activities. SECTION 7. "Regular and substantial course of conduct and regular and substantial portion of its business" means any adult business where one or more of the following conditions exist: 1. The area(s) devoted to the display of adult material exceeds fifteen percent of-the'total display area of the business; or 2.. The business or concern presents any type of live entertainment characterized by an emphasis on specified sexual activity or specified anatomical areas, or performers, models or employees appearing in public dressed only in lingerie; or 3.. At least twenty-five percent of the gross receipts of the business are derived from the sale, trade, rental, display or presentation. of services, products, adult material, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. "Adult material" shall include books, magazines, periodicals or other printed matter; photographs, films, sculptures, motion pictures, video cassettes, digital media; slides :or other visual representations merchandise; toys; or any other medium which contains descriptions or depictions, which are characterized by an emphasis upon the depiction or description of specified sexual activities,or specified anatomical areas. or any other business or concern which as a regular and substantial portion of its business offers to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter depicting, describing or al Quality Act (CEQA). Sections 15060(c)(2) and 15060(c)(3) pertain to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and that are not render the application complete. The applicant's failure to submit the additional information within this time period renders the application null and void. Within five (5) city business days following the receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 SECTION 8. .For.purposes of this ordinance, the terms "specified sexual `'r activities" and "specified anatomical areas" shall be as defend in the Grand Terrace Municipal Code. SECTION 9. This interim ordinance extending the existing moratorium is adopted under the authority of Sections 36934 :and 65858(a): of .the: Government Code of the State of California,.and in accordance therewith, shall become effective immediately and shall extend the current moratorium commencing July 23, 2012 and shall be in effect for a:period of ten (10) months and fifteen (15) days (June 6, 2013) unless after notice pursuant to Government Code Section 65090 and public hearing, the City Council shall extend this ordinance as prescribed by state law. SECTION 10. There is a.current and immediate threat to the public health, safety and welfare, because the approval of any new or expanded adult business or "sex club" use may result in an unregulated or insufficiently regulated proliferation of such uses, which will negatively impact the public health, welfare and safety including, but not limited to the following: depreciation of property values and increase in vacancies in residential and commercial areas in the vicinity_ of adult business uses; interference with residential property owners' enjoyment of their property when such property is located in the vicinity of adult business uses as a result of.increases in crime, litter, noise and vandalism; higher crime rates in the vicinity of adult business uses; blighting conditions such as low-level maintenance of commercial premises and parking lots, which thereby have a deleterious effect upon adjacent areas; and unknown impacts as to adult businesses pursuant to .current law, which is still yet to be researched and discovered during the time that this moratorium is in. effect. Special regulation of these business uses is necessary to prevent these adverse effects which can result in public nuisances, City code violations, and increases in police calls for service or other burdens, on public resources. SECTION 11. In addition, to protect the residents and businesses within the City from the potential harmful effects of insufficiently regulated adult business uses, City staff needs time to research current and "sex club" regulations, as well as time to bring appropriate zoning regulation to the City Council for adoption, should those be deemed necessary by such research and review. In doing so, the City shall ensure that the health, safety and general welfare of the City, its residents and businesses: are adequately safeguarded to the greatest'extent permissible by law. The City Council also finds that failure to conduct such research and adopt appropriate zoning regulation, during a time when new or expanded uses are prohibited, may result in a direct and immediate threat to the public health, safety and general welfare of the community. SECTION.12. This ordinance is necessary to preserve and protect the public health, safety, and welfare that will be caused ,by the approval of any new or expanded business licenses, use permits; variances, site plans, and/or building permits for adult business uses during the period that this ordinance will be in effect. the additional information within this time period renders the application null and void. Within five (5) city business days following the receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 SECTION .13. The City Council finds, determines and declares :that.the immediate preservation of the public peace, health, safety and welfare necessitates the enactment of this ordinance as an urgency ordinance. The City Council intends to conduct studies forthwith as to the appropriate modifications of the Grand Terrace Municipal and Zoning Codes .and other regulatory ordinances which will reduce and/or mitigate the potential negative impacts of such adult business uses as listed herein in this ordinance. Pending the completion of such studies and the adoption of an ordinance to establish up-to-date and appropriate zoning regulations, it is necessary for the immediate preservation for the public health, safety and welfare that this ordinance takes effect immediately. In the absence of immediate effectiveness, adult business uses in the City may be in conflict with regulations or requirements established with respect thereto, and this ordinance is therefore necessary to prevent a current and immediate threat to the public health, safety and welfare. SECTION 14. This ordinance shall not preclude the continued operation of any lawfully existing adult business uses which are not seeking to expand, convert, relocate or otherwise change its use, or the-opening or commencement of any adult business uses as a new business for which all discretionary and non-discretionary approvals have been made prior to the effective date of this ordinance. SECTION 15. The Moratorium established herein shall not be applicable if a request for exception due to hardship, or: other unique circumstances that have arisen as a result of this ordinance is approved by the City Council of the City of Grand Terrace. Any request for exception shall be outlined in a letter accompanied by.the City's application for appeal and filing fee, as determined in.the City's adopted fee resolution with the City Clerk's office. The matter shall be heard through a public hearing and processed under the provisions of the Grand Terrace Municipal Code. SECTION 16. If any part or provision of this ordinance or its application to any person or circumstance, is held invalid, the remainder .of the ordinance, including the application of such part or provision to. other persons or circumstances, shall not be affected and shall continue in full force and effect. SECTION 17. The City Council, on the basis of .the whole record and exercising independent judgment, finds that this.Urgency Ordinance is not subject to environmental review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State Guidelines for Implementation of the California Environmental Quality Act (CEQA). Sections 15060(c)(2) and 15060(c)(3) pertain to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and that are not defined as a project under Section 15378. This Urgency Ordinance has no potential for resulting in physical change to the environment, directly or indirectly, in that it prevents changes to the environment pending the completion of the contemplated research and studies. ess licenses, use permits; variances, site plans, and/or building permits for adult business uses during the period that this ordinance will be in effect. the additional information within this time period renders the application null and void. Within five (5) city business days following the receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 SECTION 18. If any section, subsection, sentence, clause or phrase or word { of this Urgency Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this Urgency Ordinance. The City Council of the City of Grand Terrace hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to any such decision or preemptive legislation. SECTION 19. Within fifteen (15) days after its passage, the City Clerk of the City of Grand Terrace shall certify to the passage and adoption of this ordinance by at least a four-fifths vote of the City. Council and shall cause the same to be published in a newspaper in the manner required by law. This ordinance shall become effective immediately from and after its passage. PASSED, APPROVED,AND ADOPTED this 10th day of July, 2012. • alt Stanckiewitz Mayor ATTEST: • • APPROVED AS TO FORM: OQAA Tracey M� ', ichard L. Adams ll City Clerk - City Attorney commencement of any adult business uses as a new business for which all discretionary and non-discretionary approvals have been made prior to the effective date of this ordinance. SECTION 15. The Moratorium established herein shall not be applicable if a request for exception due to hardship, or: other unique circumstances that have arisen as a result of this ordinance is approved by the City Council of the City of Grand Terrace. Any request for exception shall be outlined in a letter accompanied by.the City's application for appeal and filing fee, as determined in.the City's adopted fee resolution with the City Clerk's office. The matter shall be heard through a public hearing and processed under the provisions of the Grand Terrace Municipal Code. SECTION 16. If any part or provision of this ordinance or its application to any person or circumstance, is held invalid, the remainder .of the ordinance, including the application of such part or provision to. other persons or circumstances, shall not be affected and shall continue in full force and effect. SECTION 17. The City Council, on the basis of .the whole record and exercising independent judgment, finds that this.Urgency Ordinance is not subject to environmental review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State Guidelines for Implementation of the California Environmental Quality Act (CEQA). Sections 15060(c)(2) and 15060(c)(3) pertain to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and that are not defined as a project under Section 15378. This Urgency Ordinance has no potential for resulting in physical change to the environment, directly or indirectly, in that it prevents changes to the environment pending the completion of the contemplated research and studies. ess licenses, use permits; variances, site plans, and/or building permits for adult business uses during the period that this ordinance will be in effect. the additional information within this time period renders the application null and void. Within five (5) city business days following the receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 I, TRACEY MARTINEZ, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 10t" day of July 2012, by the following vote: AYES: Councilmembers McNaboe, Sandoval and Hays; Mayor Pro Tem Garcia NOES: None ABSENT: Mayor Stanckiewitz ABSTAIN: None ‘Dk tA-CA-P-IWA-A-0 City Clerk d= { • dik r 2,1'Y�2R-,c j.,�n ` .. City Clem Approved as to form: . ity Attorney Councilmember Sandoval ABSTAIN: None Tracey M inez, CityCler Approved as to form: Richard L. Adams, City Attorney Chapter 3.24 — Page 11