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HomeMy WebLinkAboutOrd 889-1982ORDINANCE NO, 889-82 AN ORDINANCE REPEALING CHAPTER 10.20 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ORDINANCE NO, 852 ENTITLED "ADULT ENTERTAIN- MENT BUSINESS MORATORIUM" AND ADDING CHAPTER 20.38 ENTITLED "ADULT ENTERTAINMENT BUSINESSES REGULATED" TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE FOLLOWS: THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS SECTION 1. CHAPTER 10.20 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ORDINANCE NO. 852 REPEALED. Chapter 10.20 of the South San Francisco Municipal Code and Ordinance No. 852 entitled "Adult Entertainment Business Moratorium" are hereby repealed, ex- cept that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or omitted in violation of said Chapter or Ordinance prior to the effective date of this Ordinance. SECTION 2. CHAPTER 20.38 ENTITLED "ADULT ENTERTAINMENT BUSINESSES REGULATED" ADDED. There is hereby added to the South San Francisco Municipal Code Chapter 20.38 which shall read as follows: "Chapter 20.38 ADULT ENTERTAINMENT BUSINESSES REGULATED Sections: 20.38.010 20.38.020 20.38.030 20.38.040 20.38.050 20.38.060 20.38.070 20.38.080 20.38.090 20.38.100 20.38.110 Purpose. Effect. Definitions. Home Occupations. Zones for Adult Entertainment Businesses. Location of Adult Entertainment Businesses Within C-3 Zones. Measurement of Distance, Variances. Adult Entertainment Use Permit Required. Applicability of this Chapter and Discontinuance of Non- conforming Businesses. Public Display of Certain Matter Prohibited. 20.38.010 Purpose. In adopting this chapter, it is recognized that certain types of adult entertainment businesses possess certain objectionable operational characteri sti cs which, if such uses are allowed to concentrate, will have adverse effects upon the character of the areas in which they concentrate and adjacent neighborhoods. It is further recognized that locating adult entertainment businesses in close proximity to facilities frequented by minors will cause the exposure of minors to adult material which may adversely affect such minors. In addition, it is recognized that substantial numbers of citizens of the City of South San Francisco are offended by the public display of sexually oriented material. Special regulation of adult entertainment uses is, therefore, necessary to insure that these adverse effects of adult entertainment uses wil 1 not contribute to the blighting or downgrading of zones in which they are permitted or of surrounding neighborhoods; will not adverse- ly affect minors; and will not offend the citizens of the City who do not wish to be exposed to sexually oriented material. 20.38.020 Effect. All applicable provisions of Title 20 of the South San Francisco Municipal Code shall apply to the regulation of adult entertainment businesses unless in con- flict with the provisions of this chapter. la. This Chapter does not and shall not be interpreted as legalizing or condon- ing the production, presentation, sale, advertisement, dissemination or distribution of matter which is obscene as defined and regulated by applicable state and local laws~ nor shall this Chapter be interpreted as legalizing or condoning participation in management, production, presentation or exhibition of obscene live conduct in any public place or any place exposed to the public view as defined and regulated by applicable state and local law. 20.38.030. Definitions. A. For the purpose of this Chapter, "Adult Entertainment businesses" refer to the fol lowing establishments: (1) "Adult Arcade" - An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for view- ing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "speci- fied anatomical areas" (2) "Adult Bookstore" - An establishment which has a substantial portion of its stock-in-trade and offers for sale for any form of consideration any one or more of the following: (a) Books, magazines, periodicals or other printed matter, or photo- graphs, films, motion pictures, video cassettes, slides or Other visual representations which are characterized by an emphasis upon the depiction or description of "speci- fied sexual activities" or "specified anatomical areas"; or (b) Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities". This definition does not include a bona fide P. harmacyi~ (3) "Adult Motel" - A motel or similar establishment offering public 2. ~:::::ENTRAL R ECOi:~iD~ accomnodations, for any form of consideration, which provides patrons with closed- circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomi- cal areas". (4) "Adult Motion Picture Theater" - An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown to an audience of six (6) or more persons, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas". (5) "Adult Theater" - A theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live perform- ances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities" (6) "Bathhouse" - An establishment which provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which "speci- fied anatomical areas" are displayed or "specified sexual activity" occurs. This section shall not apply to hydrotherapy practiced by, or under the supervision of, a medical practitioner,' chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State of California. This definition does not include a bona fide athletic club, health club, school, gymnasium, reducing salon or similar establishment where baths or hydrotherapy are offered as incidental or accessory services. (7) "Massage Parlor" - An establishment where massage, alcohol rub, foment- ation, electric or magnetic treatment or similar treatment or manipulation of the human body is administered, in exchange for any form of consideration, unless such e treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State of California. This definition does not include a bona fide athletic club, school, gymnasium, reducing salon or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service. (8) "Outcall Service Activity" - Any establishment or business which pro- vides an outcall service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the pur- pose of providing any service during which time "specified anatomical areas" are displayed or "speci.fied sexual aCtivity" occurs. (9) "Sexual Encounter Establishment" - An establishment, other than a hotel, motel or similar establishment offering public accommodations which, for any form of consideration, provides a place where two (2) or more persons may congregate, associate or consort in connection with "specified sexual activities" or the exposure of "specified anatomical areas". This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State of California engages in sexual therapy. (10) Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, displaying, describing or relating to "specified sexual activities" or specified anatomical areas" B. For the purposes of this chapter, "specified sexual activities" shall in- clude the following: (1) Human genitals in a state of sexual stimulation or arousal. (2) Acts of human masturbation, sexual intercourse or sodomy. (3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. e C. For the purposes of this Chapter, "specified anatomical areas" shall include the followinq: Less than completely and opaquely covered (1) human genitals or pubic region; (2) buttock, and (2) female breast below a point immediately above the top of the areola. D. For the purposes of this Chapter, certain terms and words are defined as follows: (1) "Establishment" - The "establishment" of an adult entertainmeht business shall mean and include any of the following: (a) The opening or commencement of any such business as a new business; (b) The conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined here- in; (c) The addition of any of the adult entertainment businesses de- fined herein to any other existing adult entertainment business; or (d) The relocation of any such business. (2) "Person" includes any person, firm, partnership, association, corpor- ation, company or organization of any kind. (3) "Public Park" - A park, playground, swimming pool, beach, pier, or athletic field within the City of South San Francisco which is under the control, operation or management of the City or County Parks and Recreation Department or the San Mateo County Harbor District. (4) "Religious Institution" - A building which is used primarily for re- ligious worship and related religious activities. (5) "School" - An institution of learning for minors, whether public or Be CEbiTRAL RECOi,~i~ private, which offers instruction in those courses of study required by the Calif- ornia Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, ele- mentary school, junior high school, senior high school, or a special institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college or university. 20.38.040. Home Occupations. No Adult Entertainment business as defined in this Chapter shall be permitted as a home occupation as such term is defined in Section 20.08.210 of this Title. 20.38.050. Zones for Adult Entertainment Businesses. Adult Entertainment businesses are permitted only in areas with a C-3 zoning classification. No such business shall be permitted to be established in any area outside such zoning classification. 20.38.060. Location of Adult Entertainment~Businesses Within C~3 Zones. Within the zones in which Adult Entertainment businesses are permitted, no such business shall be established in the following locations: A. Within five hundred feet (500') of any area zoned for residential use; B. Within five hundred feet (500') of any other adult entertainment business; C. Within one thousand feet (1,000') of any public park, religious institution or school. 20.38.070. Measurement of Distance. The distance between any two (2) Adult Entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any Adult Entertain- Ge CENTRAL ment business and any residential zone, religious institution, school or public park shall be measured in a straight line, without regard to intervening structures, from the closest property line of the residential zone, religious institution, school or public park to the closest exterior structural wall of such Adult Enter- tainment business. 20.38.080. Variances. A. Any property owner or his authorized agent may apply to the Planning Commission for a variance from Section 20.38.060 herein. The Planning Commission, after a hearing, may issue a variance permit if the following findings are made: (1) That the applicant has met the conditions required for variances from zoning ordinance pursuant to Government Code Section 65906 and 20.80.090 et seq. herein. (2) That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this Chapter will be observed; (3) That the proposed use will not enlarge or encourage the development of a "skid row" area; (4) That the establishment of an Adult Entertainment business in the area will not be contrary to the City's General Plan or any program of neighborhood con- servation, nor will it interfere with any program of redevelopment; (5) That all applicable provisions of state and local law will be observed. B. The procedure for obtaining and receiving a variance permit shall be the same as that provided in Sections 20.80.090 through 20.80.170 of this Title with, among other matters, the same notice requirements, the same right of appeal to the City Council, and the same fees payable by the applicant. However, if the Director of Community Development determines that such a variance would impact a nearby resi- dential area, public park, religious institution or school beyond a 300' radius of CENTRAL the requested location, notice of such variance request shall be given to all property owners on the assessment rolls within a radius of 500' or 1000' of such requested location as appropriate pursuant to Section 20.38.060 h~rein. 20.38.090. Adult Entertainment Use Permit Required. No person shall operate an Adult Entertainment business without first ob- taining a use permit as provided in this Chapter. Such permit shall be issued by the Planning Commission if the applicant meets the criteria listed below. The criteria listed below supersede any different or contrary provisions in this Title for the issuance of use permits, unless otherwise stated. No other use permit shall be required to operate an Adult Entertainment business, and only the following cri- teria may be required as conditions to the issuance of this use permit: A. An application for such use permit has been made in accordance with the procedure set forth in Sections 20.80.030 and 20.80.040 of this Title. B. All building height, building site, minimum yard and off-street parking requirements for uses subject to a use permit in a C-3 zone have been met. These requirements are set forth in Chapters 20.36 and 20.52 of this Title. The issuance of the Adult Entertainment business use permit may be conditioned upon the erection of a fence of the type and design which meets the approval of the Planning Commission. C. The building and lot on which such business is located comply with local and state laws concerning signs, building security, design review, occupancy, structural safety and landscaping, and that all applicable building, plumbing and fire codes have been met. D. Hours of operation may be designated by the Planning Commission as a con- dition to the 'issuance of this use permit if the Planning Commission finds, based on substantial evidence presented to it, that there is a need for regulation of hours due to a specifically identified significant problem linked to the Adult Be CENTRAL Entertainment business so regulated. When regulating the hours of operation of an Adult Entertainment business, the Planning Commission shall, whenever possible, designate hours which are consistent with the hours of operation of nearby busi- nesses which are similar in nature. If shorter hours than those of nearby busi- nesses of a similar nature are imposed, the Planning Commission shall: (1) Identify in writing the need for such shorter hours. (2) Make a specific finding that a less restrictive condition or re- quirement would not alleviate the problems imposed by the longer hours of operation of such business, and (3) Set forth the period of time after which the permit holder could seek review of the Planning Commission's designation of the hours of operation of said business. E. All regulations and provisions of this Chapter have been complied with except as otherwise provided herein; and F. All applicable fees as set forth in Chapter 20.90 of this Title have been paid. 20.38.100. Applicability of This Chapter and Discontinuance of Non-ConfOrming Businesses. This Chapter shall apply to the establishment of all Adult Entertainment businesses upon the effective date of the adoption of this Chapter by the City Council. Adult Entertainment businesses which are in existence prior to the effect- ive date of this Chapter and are made non-conforming by reason of the provisions of this Chapter shall be subject to the following regulations: A. Such Adult Entertainment businesses shall not be enlar§ed, increased or extended to occupy a greater area. B. Upon the substantial destruction of the building, or portion of the build- ing, in which such adult entertainment exists, the business shall be considered term- e cENTRAL inated and may not be resumed. For the purposes of this subsection, "substantial destruction" means damage by fire or water or other causes to the extent of more than fifty perCent (50%) of the building's assessed value. C. If such business is discontinued for a continuous period of more than six (6) months for any reason, said Adult Entertainment business shall be considered terminated and may not be reestablished. D. Such Adult Entertainment businesses shall be terminated within two (2) years from the effective date of this Chapter. A variance from this provision may be obtained if such business continues to be in noncompliance with the requirements of this Chapter, upon the finding that the business is obligated by written lease entered into before the effective date of this Chapter for a period exceeding two (2) years from such effective date, or that the activity involves investment of money in a leasehold or improvements such that a longer period is necessary to prevent undue financial hardship. For the purpose of this Subsection, an option to renew a lease shall not be evidence that a business is obligated by a written lease for a period beyond the current term of the lease. The variance procedure and fees shall be the same as provided in Sections 20.80.090 through 20.80.170 of this Title. E. Non-conforming Adult Entertainment establishments shall, within thirty (30) days from the effective date of this Chapter, comply with all other applicable provisions of this code. 20.38.110. Public Display of Certain Matter Prohibited. All building openings, entries and windows from Adult Entertainment businesses shall be located, covered or screened in such a manner as to prevent a view into the interior, from any public or semipublic area, including public sidewalks, streets, arcades, hallways or passageways, of any material which has as its primary or domin- ant theme matter depicting, illustrating, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined in this Chapter. Further, such businesses may not have signs, graphics, or window displays which in any way present, CE~TRAL 10. depict, illustrate or describe such material when such material has as its purpose or effect sexual arousal, gratification or affront. SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 3. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be published once in the "Enterprise-Journal", a news- paper of general circulation in the City of South San Francisco, as required by law, and shall becOme effective thirty (30) days from and after its adoption. Introduced this 20th day of January , 19 82 . Passed and adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco this 3rd day of February , 19 82 , by the following vote: AYES: Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte, NOES: ABSENT: Gus Nicolopulos; and Roberta Cerri Teglia None None ATTEST: City Clerk As Mayor of the City of South San Francisco, I do hereby approve the fore- 3rd day of February 11. going Ordinance this , 1982 FiLE .o.: