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174 • ORDINANCE NO. 174 AN ORDINANCE OF THE CITY. OF GRAND TERRACE, CALIFORNIA, AMENDING THE ADULT ENTERTAINMENT ORDINANCE OF SAID CITY IN Z-95-01-A1 AND NEGATIVE DECLARATION ADDENDUM, AMENDING THE ORDINANCE AS FOLLOWS: TO MAKE A CORRECTION TO INCLUDE AN ADDITIONAL REQUIREMENT TO . MAINTAIN A MINIMUM DISTANCE FROM CERTAIN SENSITIVE USES SUCH AS PARKS, SCHOOLS,CHURCHES,DAY CARE FACILITIES,FREEWAYS AND RESIDENTIAL USES FILED BY THE CITY OF GRAND TERRACE COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT. WHEREAS,the proposed,amendment is located in the Grand Terrace Redevelopment area; and WHEREAS,the Community and Economic Development Department has initiated the proposed amendment as approved by the Planning Commission and City Council; and WHEREAS,the proposed amendment was illustrated in the February 16, 1995 Planning Commission report and referred to in the March 9, 1995.City Council Staff Report, however it was inadvertently left out of the final text of the ordinance; and WHEREAS,per the authority of CEQA Section 15164 (b), an Addendum to the approved Negative Declaration has be completed and attached to the original Negative Declaration for Ordinance 153; and WHEREAS,this amendment is consistent with the Grand Terrace General Plan as amended by Ordinance 154 associated with the approval of Zoning Code Chapter 18.70,Adult Business Regulations; and WHEREAS,the following findings have been set forth in the Staff Report to the City Council of the City of Grand Terrace, California: 1. The proposed project is consistent with the General Plan. FACTS: The amendment to the Adult Entertainment Ordinance proposal is consistent with the General Plan-as amended by Ordinance 154 associated with the approval of Zoning Code Chapter 18.70,Adult Business Regulations. Chapter VI of the Grand Terrace General Plan,General Commercial Land Use section states, "portions of the General Commercial(GC) area allow adult business uses... " In addition, Chapter VI, Industrial land use section states, `portions of the Industrial(I) area allow business 1 hysical assault. In all other instances the permit shall be granted subject to such related conditions as may be imposed to further the purposes of this chapter. 8.50.170 Penalty. Any person violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not to exceed five hundred dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this chapter is committed. Violators may include not only those persons staging the street or special event but any person knowingly participating in the event after being advised of its illegality. th a company with a rating approved by the City attorney. The City and its officers, agents and employees shall be named as additional insureds on said policy and the City shall be provided with a certificate of insurance evidencing this fact. Both the applicant and any independent contractors shall also provide copies of their worker's compensation certificates for all employees. (b) The applicant shall also agree to indemnify the City, its officers and employees from any claim or liability arising out of the street or special event. (c) The applicant shall also post such cash deposit or bonds to protect the City from n of the Sheriff's Department. uses.. 2. The proposed amendment to the Adult Entertainment Ordinance is consistent with all other applicable requirements of the local ordinances and state law. FACTS: The amendment does not propose any physical site changes. All future projects shall meet all applicable development standards including, but not limited to, setbacks, access, circulation,parking, lighting, and landscaping of the Grand Terrace Zoning Code and applicable development policies of the General Plan. 3. The proposed amendment to the Adult Entertainment Ordinance is compatible with and complimentary to the permitted uses in the same neighborhood. FACTS: The area near Adult Business (AB) Overlay District is located in the Industrial and General Commercial Districts of the City's General Plan, and as proposed, distances from sensitive land uses will mitigate the visual impacts, as well as protect the general welfare of the City. Restricting adult businesses to industrial and commercial zones allows them to function in a business environment through the enforceable mechanism of a conditional use permit. 4. The proposed amendment will not adversely affect the public health, safety, and welfare,nor be materially detrimental to the use, enjoyment, or valuation of persons or other property in the surrounding area because it is required to comply with applicable health, safety, and zoning codes. FACTS: The proposed amendments to the Adult Entertainment Ordinance will not in and of itself create any adverse impacts to affect the public health, safety and welfare of the surrounding property owners. All future development plans will be required to comply with all applicable health,building and zoning codes. NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA,DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Grand Terrace Zoning Code Chapter 18.70,Adult Business Regulations, Section 18.70.006,Restriction to adult business (AB) overlay zones (Ordinance 153), is hereby amended to read as follows: F. A minimum distance shall be maintained from certain sensitive uses as follows: . 1. 500 feet from parks. schools, churches and day care centers. 2. 600 feet from the freeway. 2 ions as may be imposed to further the purposes of this chapter. 8.50.170 Penalty. Any person violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not to exceed five hundred dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this chapter is committed. Violators may include not only those persons staging the street or special event but any person knowingly participating in the event after being advised of its illegality. th a company with a rating approved by the City attorney. The City and its officers, agents and employees shall be named as additional insureds on said policy and the City shall be provided with a certificate of insurance evidencing this fact. Both the applicant and any independent contractors shall also provide copies of their worker's compensation certificates for all employees. (b) The applicant shall also agree to indemnify the City, its officers and employees from any claim or liability arising out of the street or special event. (c) The applicant shall also post such cash deposit or bonds to protect the City from n of the Sheriff's Department. 3. 1,000 feet from residential uses_ Section 2. Effective Date: This ordinance shall be in full force and effect at 12:01 a.m. on the 31 st day of its adoption. Section 3. Posting: The City Clerk shall cause this ordinance to be posted in three(3) public places within fifteen(15) days of its adoption, as designated for such purpose by the City Council. Section 4. First read at a regular meeting of the City Council of said City held on the 28th day of August, 1997 and finally adopted and ordered posted at a regular meeting of said City Council on the 11th day of September, 1997. a CityClerk of the Cityof rand M r of the Cityof Grand Terrace 'and of the City Council thereof d of the City Council thereof I,BRENDA STANFILL, City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting on the City _ Council of the City of Grand Terrace held on the 11th day of September, 1997, by the following vote: AYES: Councilmembers Hilkey, Singley, and Garcia; Mayor Pro Tem Buchanan; Mayor Matteson NOES: None ABSENT: Non ABSTAIN: None Brenda Stanfill City Clerk Approved as t form: John Harper City Attorney LM:lm C:\wp61\..\planning\zoning\z9501 al.ord 3 he proposed amendments to the Adult Entertainment Ordinance will not in and of itself create any adverse impacts to affect the public health, safety and welfare of the surrounding property owners. All future development plans will be required to comply with all applicable health,building and zoning codes. NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA,DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Grand Terrace Zoning Code Chapter 18.70,Adult Business Regulations, Section 18.70.006,Restriction to adult business (AB) overlay zones (Ordinance 153), is hereby amended to read as follows: F. A minimum distance shall be maintained from certain sensitive uses as follows: . 1. 500 feet from parks. schools, churches and day care centers. 2. 600 feet from the freeway. 2 ions as may be imposed to further the purposes of this chapter. 8.50.170 Penalty. Any person violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not to exceed five hundred dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this chapter is committed. Violators may include not only those persons staging the street or special event but any person knowingly participating in the event after being advised of its illegality. th a company with a rating approved by the City attorney. The City and its officers, agents and employees shall be named as additional insureds on said policy and the City shall be provided with a certificate of insurance evidencing this fact. Both the applicant and any independent contractors shall also provide copies of their worker's compensation certificates for all employees. (b) The applicant shall also agree to indemnify the City, its officers and employees from any claim or liability arising out of the street or special event. (c) The applicant shall also post such cash deposit or bonds to protect the City from n of the Sheriff's Department.