263 ORDINANCE NO. 263
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE, CITY OF GRAND TERRACE, CALIFORNIA, 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 be
outdated and/or inadequate to address the potentially significant impacts that may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
blighting conditions such as low-level maintenance of commercial premises and
parking lots, which thereby have a deleterious effect upon adjacent areas. Special
Page 1 of 7
onditional Use Permit authorizing the transitional and housing or single room
Page 26 of 28
compensation based on the period of occupancy." .
SECTION 8. Section 18.06.908 is added to Chapter 18.06 of the: Municipal
Code, to read as follows:
Page 3 of 28
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
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, 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 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
l
Page 1 of 7
onditional Use Permit authorizing the transitional and housing or single room
Page 26 of 28
compensation based on the period of occupancy." .
SECTION 8. Section 18.06.908 is added to Chapter 18.06 of the: Municipal
Code, to read as follows:
Page 3 of 28
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
health,.welfare and safety of the public in the operation of such businesses within
the City.
SECTION 3. 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 4.. "Adult business" means any business 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.
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 5. "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 6. "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
of 28
compensation based on the period of occupancy." .
SECTION 8. Section 18.06.908 is added to Chapter 18.06 of the: Municipal
Code, to read as follows:
Page 3 of 28
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
{
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.
SECTION 7. For purposes of this ordinance, the terms "specified sexual
activities" and "specified anatomical areas" shall be as defend in the Grand Terrace
Municipal Code.
SECTION 8. This ordinance 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 take effect immediately and be in effect for forty-five (45) days after
the adoption of this ordinance (expiration to be July 28, 2012), 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
t,.' resources.
ion based on the period of occupancy." .
SECTION 8. Section 18.06.908 is added to Chapter 18.06 of the: Municipal
Code, to read as follows:
Page 3 of 28
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 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 periodthat this ordinance will be in effect.
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.
nance 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
ram.
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.
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 7th day.of June, 2012.
Walt.Stanckiewitz
Mayor .
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.
nance 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
ATTEST: APPROVED AS TO FORM:
Tracey rtinez ichard L. Adams II
City Clerk . . City Attorney
I HEREBY CERTIFY the foregoing ordinance was duly introduced and
adopted by.the City Council as an urgency ordinance of the City of Grand Terrace at
a regular meeting held on the 7th day of June, 2012 to be adopted effective on the 7th
day of June, 2012 by the following vote:
AYES: CouncilmLinbers Darcy McNaboe and Bernardo Sandoval; Mayor Pro Tem
Lee_4Ann Garcia and Mayor Walt Stanckiewitz.
NOES: Non&,
ABSENT: Councilmember Gein&Hays
ABSTAINED:: None
OI'LCA.0 .f>_A, J.( =
Tracey Minez _
City Clerk
ityCler
Approved as to form:
Richard L. Adams, City Attorney
Chapter 3.24 — Page 11