268 ORDINANCE NO. 268
AN INTERIM URGENCY 1ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF GRAND TERRACE, CALIFORNIA, EXTENDING FOR
AN ADDITIONAL TWELVE (12) MONTHS A CITYWIDE
MORATORIUM ADOPTED PURSUANT TO GOVERNMENT CODE
SECTION 65858 TEMPORARILY PROHIBITING THE
ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES
1
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 regulationsl 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outdated and/or inadequate to address the potentially significant impacts that may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
Page 1 of 8
e 41 of 43
pplicant is under eighteen (18) years of age;
Page 36 of 43
be deposited . in the. U.S? mail, postage prepaid, immediately upon
determination that the application is incomplete. The applicant shall have ten (10)
calendar days from the date of the notice to submit additional information to 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
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; and
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, and extended
the interim urgency ordinance by an additional ten (10) months and fifteen (15) days
by four fifths vote on July 10, 2012; and
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 twelve (12) months; and
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
April 23, 2013 with the herein ordinance; and
WHEREAS,` pursuant to Government Code Section 65090, notice of the
public hearing for the moratorium extension was published in the Grand Terrace City
News on Thursday, April 11, 2013; and
WHEREAS, pursuant to Government Code Section 65858(a), a public
hearing on this action was held by the City Council on April 23, 2013; and
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
Page 1 of 8
e 41 of 43
pplicant is under eighteen (18) years of age;
Page 36 of 43
be deposited . in the. U.S? mail, postage prepaid, immediately upon
determination that the application is incomplete. The applicant shall have ten (10)
calendar days from the date of the notice to submit additional information to 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 finds that the code amendments are far
reaching requiring careful deliberation before the Planning Commission and City
Council most likely requiring additional hearings that would extend beyond the.
current June 6, 2013, moratorium expiration date.
SECTION 3. The City Council finds that it is appropriate for the Commission
and Council to take the time to carefully deliberate the proposed code amendments
and hereby declares and imposes the extension for an additional twelve (12) months
of an existing City-wide moratorium on the establishment or expansion of adult
businesses.
SECTION 4. 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 p 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 5. 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.
; and
blighting conditions such as low-level maintenance of commercial premises and
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e 41 of 43
pplicant is under eighteen (18) years of age;
Page 36 of 43
be deposited . in the. U.S? mail, postage prepaid, immediately upon
determination that the application is incomplete. The applicant shall have ten (10)
calendar days from the date of the notice to submit additional information to 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 6. "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 7. "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 8. "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.
43
be deposited . in the. U.S? mail, postage prepaid, immediately upon
determination that the application is incomplete. The applicant shall have ten (10)
calendar days from the date of the notice to submit additional information to 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
"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 9. 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 10. 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 June 7, 2013 and
shall be in effect for a period of twelve (12) months (June 7, 2014).
SECTION 11. 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 12. 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.
otice to submit additional information to 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 13. 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.
SECTION 14. 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 15. 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 16. 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 17. 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 18. 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
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
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 19. 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 20. 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 23rd day of April, 2013.
Walt Sta witz
Mayor
ATTEST: APPROVED AS TO FORM:
A is PIP" 40
OtaliK12 ti_Lik% f
Tracey Maitinezi Richard L. Adams II
City Clerk City Attorney
cate 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 16. 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 17. 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 18. 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
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
•
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 23rd day of April, 2013 to be adopted effective on the
23rd day of April, 2013 by the following vote:
AYES: Councilmembers McNaboe, Mitchell and Robles; Mayor Pro Tem Sandoval
and Mayor Stanckiewitz
NOES: None
ABSENT: None
ABSTAINED: None
•
d, ,�2
Tracey Matinez
City Clerk
City Attorney
Page 43 of 43